HomeMy WebLinkAboutResolution No. 13-C51RESOLUTION NO. 13-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND LOCAL 18 OF THE INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS EFFECTIVE AUGUST 1, 2010 THROUGH
JULY 31, 2015
WHEREAS, the City Council acknowledges the International Brotherhood of
Electrical Workers Local 18 as the recognized employee organization representing those personnel
occupying the positions identified in the attached Memorandum of Understanding between the City
and the International Brotherhood of Electrical Workers (IBEW), and
WHEREAS, the Memorandum between the City of Azusa and the IBEW expired July
31, 2012, and it is appropriate for the management of the City to receive proposals that govern the
compensation, benefits and working conditions of City employees, and
WHEREAS, the representatives of management and representatives of IBEW have
met on numerous occasions and have discussed the issues between them and have bargained in good
faith, and
WHEREAS, management 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 IBEW covering the period of August 1, 2012 through July 31, 2017, is attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa
does hereby approve the Memorandum of Understanding attached hereto and does direct the
representatives of management to affix their signatures thereon.
The City Clerk shall certify the passage of this Resolution.
APPROVED AND PASSED this 15'h day of July, 2013.
seph Romero Rocha
ayor
I HEREBY CERTIFY that the foregoing Resolution wads duly passed by the City
Council of the City of Azusa at a regular meeting thereof held on the 15' day of July, 2013, by the
following vote of the council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA
AND LOCAL 18 OF THE
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
AUGUST 1, 2012 THROUGH JULY 312 2017
n
TABLE OF CONTENTS
1.
RECOGNITION.....................................................................................................................................1
14.1.
2.
CITY RIGHTS...........................................................................I...........................................................
1
3.
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES................................................2
14.3
4.
NONDISCRIMINATION........................................................................................................................4
14.4.
5.
SAFETY AND HEALTH........................................................................................................................4
14.5.
6.
GRIEVANCE AND APPEALS PROCEDURE.......................................................................................5
14.6.
7.
PROBATIONARY EMPLOYEES..........................................................................................................8
14.7.
8.
REINSTATEMENT................................................................................................................................8
.14.8.
9.
NO STRIKE - NO LOCKOUT................................................................................................................
9
10.
HOURS OF WORK.............................................................................................................................
10
11.
OVERTIME.........................................................................................................................................11
14.11.
12.
STANDBY AND CALLBACK...............................................................................................................13
14.12.
13. WORKING OUT OF CLASSIFICATION.............................................................................................14
14. SALARY AND COMPENSATION AND RETIREMENT......................................................................
15
14.1.
Pay Increases..........................................................................................................................
15
14.2
Differential Pay - Rubber Gloving............................................................................................
15
14.3
Salary Surveys.........................................................................................................................
15
14.4.
Flex Staffing .............................................................................................................................
16
14.5.
Apprentice Line Mechanic and Line Mechanic Helper.............................................................16
14.6.
Customer Service Representatives.........................................................................................16
14.7.
Water Distribution Workers and Water Production Operators.................................................16
.14.8.
Meter Test Series....................................................................................................................
17
14.9.
Retirement...............................................................................................................................17
14.10.
Retirement Enhancement........................................................................................................17
14.11.
Longevity Premium..................................................................................................................18
14.12.
Bilingual Premium....................................................................................................................18
14.13.
Education Incentive Premium..................................................................................................18
14.14.
Automatic Payroll Deposit........................................................................................................19
14.15.
Job Security.............................................................................................................................19
15. HOLIDAYS..........................................................................................................................................19
15.1.
Designated Holidays................................................................................................................19
15.2.
Applicable Overtime Rates......................................................................................................20
15.3.
Floating Holidays.....................................................................................................................20
15.4.
Observation.............................................................................................................................
20
16. VACATION..........................................................................................................................................20
16.1.
Computation and Accrual of Vacation.....................................................................................21
16.2.
Termination..............................................................................................................................21
16.3.
Conversion...............................................................................................................................21
17. LEAVE OF ABSENCE........................................................................................................................ 22
18. JURY DUTY........................................................................................................................................22
19. MILITARY LEAVE...............................................................................................................................23
20. SICK LEAVE, INDUSTRIAL LEAVE, AND BEREAVEMENT LEAVE ................................................
23
20.1.
Sick Leave...............................................................................................................................
23
20.2.
Procedure................................................................................................................................24
20.3.
Probationary Period.................................................................................................................24
24.2. Repayment of Apprentice Line Mechanic Training..................................................................
20.4.
Reasons for Use of Sick Leave...............................................................................................
24
20.5.
Restrictions on Sick Leave......................................................................................................
25
20.6.
Accrual and Use......................................................................................................................
25
20.7.
Payment for Accumulated Sick Leave.....................................................................................25
20.8.
Sick Leave During Vacation.....................................................................................................26
20.9.
Industrial Leave.......................................................................................................................
26
20.10.
Bereavement Leave.................................................................................................................
28
21. FRINGE BENEFIT ADMINISTRATION...............................................................................................28
21.1. Administration..........................................................................................................................28
29
21.2. Selection of Funding Method...................................................................................................28
21.3. Changes..................................................................................................................................28
21.4. Deferred Compensation...........................................................................................................28
22. LIFE INSURANCE..............................................................................................................................28
23. HEALTH BENEFITS...........................................................................................................................28
23.1. Flexible Benefit Plan................................................................................................................
29
23.2. Retirement...............................................................................................................................30
24. EDUCATIONAL REIMBURSEMENT AND LICENSES, COMPUTER LOAN.....................................30
24.1. Tuition Reimbursement............................................................................................................30
24.2. Repayment of Apprentice Line Mechanic Training..................................................................
32
24.3. Computer Loan Program.........................................................................................................
32
25. UNIFORM STANDARDS....................................................................................................................33
25.1. Presentability...........................................................................................................................33
25.2. Warm Weather.........................................................................................................................33
25.3. Shirts........................................................................................................................................33
25.4. Meter Readers.........................................................................................................................33
25.5. Customer Service....................................................................................................................33
26. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING......................................................... 33
27. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT ............................................... 34
28. SEPARABILITY...................................................................................................................................34
29. MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS.......................................................34
30. LONG TERM DISABILITY INSURANCE............................................................................................34
31. TERM OF MEMORANDUM OF UNDERSTANDING.........................................................................35
32. RATIFICATION AND EXECUTION..................................................................................................... 35
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AZUSA AND
LOCAL 18 OF THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Effective August 1, 2012 thru July 31, 2017
1. RECOGNITION
Pursuant to the policy of the City of Azusa (hereinafter referred to as the City), the City has recognized Local 18 of the
International Brotherhood of Electrical Workers (hereinafter referred to as the Union) as the sole bargaining
representative for those Employees (hereinafter referred to as employee(s) working for the City who are enumerated in
Exhibit "A.".
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.
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 numberof 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 non -disciplinary 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
2.1.14. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with
this Memorandum of Understanding and applicable Resolutions and Codes of the City.
2.1A5. 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.
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 shall 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 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 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
E
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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 Manger. 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.
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 andjob 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 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
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
reasonable time off without loss of compensation or other benefits.
3.7.4. Such officers, shop stewards and representatives shall not leave their duty or workstation or
assignment without the knowledge of the department head, division head or other appropriate
supervisor.
3.7.4.1. Such meetings are subject to scheduling in a manner consistent with operating needs
and work schedules.
3.7.5. 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.
3.7.5.1. Such officers shall not leave their duty or workstation without the knowledge of the
department head, division manager or other appropriate supervisor.
3.7.6. 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.
0
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
5.2. Footwear
Employees who are required to wear specified footwear (safety shoes or boots, heavy-duty walking shoes) shall
be reimbursed for up to two hundred -thirty-five dollars $235 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
peryear. 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 pro rata basis. Employees shall be
reimbursed within 30 days after submitting the receipt.
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
other than emergency work as determined by the department head or his/her division manager and customer turn -
ons 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 except for those performing emergency work as determined by the department
head or his/her division manager and customer tum -ons. The employees not performing emergency work or
customer tum -ons 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.
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 answerto the allegations and transmit it to the Personnel Board with
a copy to the employee.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
6.4.6. Findings of the Personnel Board
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 Officer, 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 Officer.
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
Advisory arbitration is for grievances relating solely to contract/MOU interpretation and where the employee elects
to be represented by IBEW. Where the employee elects not to be represented by IBEW, such grievances shall be
heard by the Personnel Board.
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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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 hislherwritten decision within thirty (30) calendar daysfollowing the close
of hearing, unless the parties agree to an extension. The decision shall set forth findings of fact and
conclusions.
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 recommendation(s) shall be fled 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.
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.
B. REINSTATEMENT
8.1. Recommendation of Department Head
Upon recommendation of the department head and the City Manager, 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
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
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 otherjob 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, failures 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, checkoff,
the use of the City's bulletin boards and facilities.
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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
10.2. WorkweekfWorkday
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. Except as provided for in 10.2.4 and 10.2.5, the workday will be ten and one-half (10 112)
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
detennine the beginning and ending times of the ten (10) hourworkday. The City and Union
agree to establish a committee of their respective representatives in an effort to establish
guidelines for combining breaks and lunch periods.
10.2.3. Notwithstanding the above, the Water Production Operators may work an alternate work
schedule as directed by the Utilities Director. The Utilities Utility Director shall meet and
confer with the Union, however, prior to implementing any such alternative schedule.
The parties acknowledge that to maintain any alternative work schedule it is necessary to
maintain a work period in accordance FLSA.
The current 42 -day alternative work schedule is as follows:
Monday to Thursday
Monday to Thursday
Tuesday to Friday
Tuesday to Friday
Wednesday to Wednesday
For purposes of section 11.4.6, the Saturday before and afterthe Wednesday to Wednesday
work period in the 42 -day schedule shall be treated as a Sunday.
10.2.4. The City may maintain a five eight-hour days per week schedule for employees currently
assigned to such a schedule. Further the City may assign a five, eight-hour days per week
schedule to employees preferring to work such a schedule.
10.2.5. Commencing no later than the first year of the agreement, the parties agree to meet &
discuss additional alternatives that will enable the City to provide services on an expanded
basis to best meet the public's needs.
10
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
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 one hundred sixty (160) hours.
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.
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
(1'/3) 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
11
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
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 fifteen dollars ($15) for each such period. During an emergency
situation, a meal period would not be mandatory and the missed 1/2 hour meal period shall
be stacked to the end of the shift at the appropriate overtime rate.
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 fifteen dollars
($15) for each such four (4) hour period and '/2 hour shall be added on to the time worked
at the appropriate overtime rate for each meal period missed.
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 ora meal reimbursement of fifteen dollars ($15) 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 fifteen dollars ($15).
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.
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.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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 workweek 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.
Effective 8/1/2013 the rate of pay for all callbacks as defined in this Section shall be
compensated at double time (2) the normal rate of pay.
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.
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.
12.3.5. Regardless of the twenty four (24) hour period defined in Section 12.3.3., all callbacks
occurring within a six (6) hour period from a previous callback shall be paid at the double time
(2) rate.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
13. WORKING OUT OF CLASSIFICATION
13.1. Special Acting Pay
On an inadvertent and occasional basis, employees assume the responsibilities of and perform the duties of their
respective supervisors who are away from the City for the purposes of scheduled or unscheduled events such as
training, illness, bereavement, emergency, etc. Finance will create a special pay code entitled "Special Acting
Pay" , under which the employee who is requested by supervisor or management to act in the place of another
shall receive additional compensation of 5% of his or her base pay for the hours in which he or she is in acting
capacity, including hours compensated at premium rates. The minimum number of hours that must be worked for
"Special Acting Pay" to be applicable (from the first hour) shall be ten and a quarter (10.25) hours. The maximum
number of hours for which "Special Acting Pay" shall be applicable shall be thirty-nine and three-quarters (39.75)
hours. If an employee is called upon to act in a higher capacity for forty (40) or more hours, the provisions of
Section 13.2 shall apply.
13.1.1 Effective November 23, 2009, Meter Readers, when acting in the position of Field Service
Representatives (FSR) shall be eligible for Special Acting Pay immediately (from the first
hour).
13.2. Pay Range
An employee who works more than thirty-nine and three-quarters (39.75) consecutive working hours out of
classification shall receive an upgrade equal to the lowest step of the pay range for the higher class which
provides at least a 5% increase (or a 5% increase if the top step for the pay range does not provide at least a 5%
increase), 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.
13.4. Absence
During the forty (40) consecutive working houreligibility 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
regulady 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. Effective 8/1/2013 the premium pay will increase to three and on -half
percent (3.5%) of his or her regular 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.
13.6 Lead Line Mechanic
The Line Mechanic who is assigned the duties of running the Service Crew (Truck 205) shall receive, in addition
to the base salary, pay equal to five percent (5%) percent of his or her base salary. This assignment shall be
made in writing. This special compensation shall be paid along with the regular pay for the pay period and shall
14
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
be included in compensation reportable for the purposes of retirement. The purpose of this pay is to compensate
the Line Mechanic for performing Lead Line Mechanic duties.
13.7 Absence During Acting Pay
An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of vacation
or when on sick leave.
14. SALARY AND COMPENSATION AND RETIREMENT
14.1. Pay Increases
Employees covered by this Agreement who are on the payroll on the following dates shall receive pay increases
as shown. The salary ranges currently in effect are reflected in Exhibit "A."
14.1.1.
Effective August 1, 2012 0% salary increase.
14.1.2 Effective August 1, 2013, there shall be an adjustment in the salary for all classifications and
steps for employees represented by this agreement which is equal to the change in the
Consumer Price Index, CPI -W, LA/RIVERSIDE/ORANGE COUNTY for the preceding twelve
month period (June to June). The salary increase shall be a minimum increase of 2% with a
maximum cap of 4%.
14.1.3 Effective August 1, 2014, there shall be an adjustment in the salary for all classifications and
steps for employees represented by this agreement which is equal to the change in the
Consumer Price Index, CPI -W, LA/RIVERSIDE/ORANGE COUNTY for the preceding twelve
month period (June to June). The salary increase shall be a minimum increase of 2% with a
maximum cap of 4%.
14.1.4 Effective August 1, 2015, there shall be an adjustment in the salaryfor all classifications and
steps for employees represented by this agreement which is equal to the change in the
Consumer Price Index, CPI -W, LA/RIVERSIDE/ORANGE COUNTY forthe preceding twelve
month period (June to June). The salary increase shall be a minimum increase of 2% with a
maximum cap of 4%.
14.1.5 Effective August 1, 2016, there shall be an adjustment in the salaryfor all classifications and
steps for employees represented by this agreement which is equal to the change in the
Consumer Price Index, CPI -W, IA/RIVERSIDE/ORANGE COUNTY for the preceding twelve
month period (June to June). The salary increase shall be a minimum increase of 2% with a
maximum cap of 4%.
14.2. Differential Pay —Rubber Gloving
After successful completion of training in Rubber Gloving and the formal initiation of a rubber gloving program by
the utility as declared by the Utilities Director, the following classifications shall receive a 6% differential to their
base monthly salary:
Electric Distribution Supervisor
Electric Crew Supervisor
Line mechanic
Apprentice Line Mechanic (Step 5)
14.3. Salary Survey
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
A committee comprised of Local 18 staff and members along with City Management shall meet to determine
adjustments for positions that are substantially lower than the median total compensation of like positions. The
entities to be surveyed will be agreed upon by management and the union.
14.4. Flex Staffing
Nothing in this article shall preclude management from promoting a qualified employee to a higher
step/classification in their flex series.
14.5. 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. This salary range
assignment is enumerated in Exhibit "A."
14.5.1. The classification of Line Mechanic Helper and Apprentice Line Mechanic shall be
incorporated into a "flexible" staffing pattern. Employee(s) in the Apprentice Line Mechanic
classification shall be promoted to Line Mechanic classification (under probationary status)
when the employee(s) has completed the fifth (5th) step as an Apprentice Line Mechanic and,
in the opinion of management, has obtained the practical knowledge of performing all facets
of duties required of the Line Mechanic.
14.5.2. 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.
14.6. Customer Service Representatives
14.6.1. 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.
14.6.2. 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.
14.7. Water Distribution Workers and Water Production Operators
14.7.1. The classification of Water Distribution Worker 1/II/III and Water Production Operator 1/11/III
shall be incorporated into the "flexible" staffing pattern. Employee(s) in either the Water
Distribution Worker 1/11 or Water Production Operator 1/11 classifications shall be promoted to
the respective "ll" or "III' level respectively (under probationary status) when the employee(s)
has completed the fifth (5th) step and in the opinion of management, has obtained the
practical knowledge to perform all facets and duties of the respective "II" or "III" level.
14.7.2. In the event that the "I" or 11" level of either position is not promoted within one (1) year after
attaining the fifth (5th) step, he/she will be presented, in writing, the reason(s) forthe denial of
the promotion, and a list of the area(s) and duty(ies) of which the candidate has insufficient
16
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
knowledge and/or experience to achieve the promotion.
14.8. Meter Test Series
14.8.1. The classification of Apprentice Electrical Test Technician shall be incorporated into the
"flexible" staffing pattern. Employee(s) in Apprentice Electrical Test Technician classification
shall be promoted to Electrical Test Technician classification (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 Electrical Test
Technician.
14.8.2. If, in the event that the Apprentice Electrical Test Technician 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.
14.9 Retirement
14.9.1. California Public Employees' Retirement System
The City shall continue its contract with the California Public Employees' Retirement System
(Cal PERS), "2% @ 55 full formula" plan. The City shall also maintain the increased level of
the 1959 Survivor Benefit. The City shall continue to pay the "employee" share of the costs
and a portion of the "employer" share of the cost. All employees hired prior to December 31,
2012, agree to pay 5% of the "employer" share of the costs effective the date the MOU is
approved. Should all employees hired prior to December 31, 2012, be required to pay the
"employee" portion of the CalPERS costs during the term of this MOU and if the amount that
would have to then be paid by those employees is more than the 5% of their salary that they
are paying to help share the cost of the "employer" share, -the amount they are paying
towards the "employer" share would be reduced correspondingly, but to no more than 0.
All employees hired on or after January 1, 2013 will pay half the normal costs for their
CalPERS, but no less than the employee portion of PERS. Employees hired on or after
January 1, 2013 will fall under the provisions of the California Public Employees' Pension
Reform Act of 2013 (AB340 and AB197).
14.9.2. The City's contract with CalPERS includes the optional benefit of Service Credit for Unused
Sick Leave.
14.9.3. The City's contract with CalPERS includes the optional benefit Employer Paid Member
Contributions.
14.9.4. City agrees to purchase an actuarial study to determine the cost of providing miscellaneous
employees with the optional benefits of One -Year Final Compensation (Government Code
Section 20042) and Annual Cost -of -Living Allowances Increase (Government Code Section
21335). Upon receipt of such actuarial study, City agrees to meet and confer with the Union
in good faith with no commitment or obligation on City's part to implement these optional
benefits.
14.9.5 The optional benefit of Two Year Additional Service Credit shall be discretionary of the
Council in accordance with Government Code Section 20903.
14.10. Retirement Enhancement
Effective July 1, 2006 the retirement formula will be adjusted to reflect an additional .5% to the current formula of
2.0% per year of service at 55 years of age. This enhancement will provide for a retirement formula of 2.5% per
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
year of service for anyone retiring at 55 years of age or older. All prior years of service will count toward the
computation. Employee will contribute 2% toward the cost of this program. This additional benefit will be
provided through the Public Agency Retirement System (PARS).
State law has eliminated this benefit for New Employees hired on or after January 1, 2013, and limited this benefit
for existing City of Azusa employees hired prior to January 1, 2013, who become IBEW covered employees.
Additionally, should the City come to agreement with other City Bargaining Units for the Single Highest Year
computation, Local 18 represented positions/employees will participate and contribute a maximum of 1.5% of the
cost of this enhancement.
14.11. Longevity Premium
Effective August 1, 2009, the monthly longevity pay for employees shall be in accordance with the following
schedule:
10 yrs = $85
15 yrs = $175
20 yrs = $250
Effective August 1, 2013, the monthly longevity pay for employees shall be in accordance with the following
schedule:
10 yrs = $100
15 yrs = $190
20 yrs = $265
Notwithstanding the foregoing, employees currently receiving a higher dollar amount of longevity pay than the
amount provided for above shall continue to receive the higher dollar amount until eligible for an increase based
on the schedule set forth above.
14.12. Bilingual Premium
An employee shall be eligible to receive up to $200 per month if the following conditions are met:
14.12.1. 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 $100 per month for verbal skills and
an additional $100 per month for written skills.
14.12.2. The employee must pass a language skills test approved or administered by the City.
14.13. Education Incentive Premium
14.13.1 Employees awarded an Associate of Arts or Science degree from an accredited college or
other certificates related to the employee's job mutually agreed to by the Union and the City,
shall receive $25 per month. This amount will increase to $50 per month effective August 1,
2013.
14.13.2 Effective August 1, 2009 employees awarded the following certificates, related to the
employee's job, shall receive the listed dollar amounts per month:
State of Califomia Department of Health Services Water Treatment Operator Grade 3 $25
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
State of California Department of Health Services Water Treatment Operator Grade 4 $50
State of California Department of Health Services Water Treatment Operator Grade 5 $75
State of California Department of Health Service Water Distribution Operator Grade 3 $25
State of California Department of Health Service Water Distribution Operator Grade 4 $50
State of California Department of Health Service Water Distribution Operator Grade 5 $75
It is the agreement of the City and the IBEW that employees receiving pay for Treatment or
Distribution certifications can only be compensated for the highest certification of either
Treatment or Distribution so that the maximum compensation per month for; Grade 3 is $25,
Grade 4 is $50, Grade 5 is $75. No employee is eligible to receive certification pay for
treatment and distribution concurrently.
14.13.3 Effective August 1, 2013, employees awarded the following certificates, related to the
employee's job, shall receive the listed dollar amounts per month:
State of California Department of Health Services Water Treatment Operator Grade 3 $50
State of California Department of Health Services Water Treatment Operator Grade 4 $75
State of California Department of Health Services Water Treatment Operator Grade 5 $100
State of California Department of Health Service Water Distribution Operator Grade 3 $50
State of California Department of Health Service Water Distribution Operator Grade 4 $75
State of California Department of Health Service Water Distribution Operator Grade 5 $100
It is the agreement of the City and the IBEW that employees receiving pay for Treatment or
Distribution certifications can only be compensated for the highest certification of either
Treatment or Distribution so that the maximum compensation per month for; Grade 3 is $50,
Grade 4 is $75, Grade 5 is $100. No employee is eligible to receive certification pay for
treatment and distribution concurrently.
14.13.4 Employees awarded a Bachelor of Arts or Science degree from an accredited college shall
receive $50 per month. This amount will increase to $75 per month effective August 1, 2013.
None of the above shall apply to any employee whose job description has an equivalency requirement
for either an Associate in Arts or Science degree or specific certifications; or a Bachelor of Arts or
Science degree.
14.14. Automatic Payroll Deposit
The Citywill continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated
Clearing House service.
14.15. Job Security
The City shall provide twelve months advance notice to any IBEW-represented employee who is targeted for
layoff due to technological change. Wherever possible, the City shall provide appropriate career counseling and
training and shall make every effort to reclassify such employee into an IBEW-represented position.
14.15.1 Every employee shall receive at least fifteen (15) hours training per year.
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.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
Holiday Schedule
Month
2012-
2013-
2014-
2015-
2016-
2017-
2013
2014
2015
2016
2017
2018
4
4
7*
6-
4*
4
Independence Day
July
3*
2*
1*
7-
5*
Labor Day
Sept
8*
14*
13'
12*
10*
Columbus Day
Oct
12*
11*
11
11
14*
Veteran's Day
Nov
22
28
27
26
24
Thanksgiving Day
Nov
Christmas Day
Dec
25
25
25
28'
26*
1
1
1
4*
2*
New Year's Day
Jan
j
21*
20'
19*
18*
16*
Martin Luther King Day
Jan
18*
17*
16*
15'
20*
President's Day
Feb
27*
26*
25*
30*
29*
Memorial Day
May
*=Monday
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 thetoliday. 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. 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 Production Operators) shall
be Monday through Thursday.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
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 eariierthan six (6) months afterthe day of
employment, or the end of probation, whichever is the later date.
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 seventy-eight (78) times
the then -current pay period rate of vacation accrual. This maximum is waived, however, until July 31, 2004. At
that time, if the employee has vacation accrual at, or in excess of, the cap, the employee's vacation accrual
balance shall be paid down to 52 times the then -current pay period rate of vacation accrual. Future accrual which
exceeds the aforementioned maximum shall be paid to the employee as it is accrued. In special cases where it
has not been possible, due to work load or other factors, for the employee to use his or her vacation before
reaching a maximum, it shall be within the department head's authority to authorize cash payment in lieu of time
off.
16.2. 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.
16.3. Conversion
An employee may convert any accrued vacation into pay with the approval of the Department Head or City
Manager.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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 Manager agree that such leave is merited and in the interests of the
City, leave maybe 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 Manager's 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 Manager'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.
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 Manager's, shall be subject to
immediate termination. Likewise, 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.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
IPMIT, ti41f-I A44_W
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. Sick leave must be exhausted before
compensatory time off or vacation leave may be used for sick leave reasons.
20.1.1. A yearly evaluation period for the use of sick leave begins on the first payday on or after
January 1 of each year. At the end of each evaluation 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. The parties agree that sick leave
taken as Personal Business Leave shall not be considered as part of the amount used for
these purposes.
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, excluding time spent on 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.
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 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.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
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
Up to 12 weeks per yearfor 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, registered domestic partners
under CA law, 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.
20.4.4. Doctors' Appointments
Medical, dental, and optical appointments.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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 betaken care of during regularworking
hours of the employee. Personal business leave shall be approved or disapproved by the department
head only in case of necessity. Employees must provide advance notice for Personal Business Leave
whenever possible. Departments are to use the earning code PB for this purpose. Sick Leave taken as
Personal Business Leave shall not be taken into consideration in employee performance evaluations.
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.
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.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
20.7.2. Conversion of Accrued Sick Leave
The employee may convert his or her accrued sick leave balance to 50% of the cash value for hours in
excess of three hundred twenty (320) hours to a maximum payment of two hundred forty (240) hours.
For example, if an employee has 800 hours of sick time and the employee requests the conversion of
480 hours to cash, then the employee would receive a cash payment equivalent to 240 hours of sick time
leaving them with a sick leave balance of 320 hours.
20.7.3. Conversion to Service Credit Upon Retirement
Pursuant to the terms of the City's contract, as amended, with CaIPERS, upon voluntary retirement the
employee may convert 100% of his or her accrued sick leave balance, less any amount converted to
cash under the provisions of Section 20.7.2., to retirement service credit.
20.7.4. 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.
20.8. 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.
20.9. Industrial Leave
A regular employee who is temporarily or permanently incapacitated as a result of injury or illness determined to
be compensable underthe Workers' Compensation Act shall be granted industrial leave under the following terms
and conditions:
20.9.1. 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.
20.9.2. 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
20.9.1.
20.9.3. 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.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
20.9.4 After 90 calendar days
Employees who are disabled because of a work related illness or injury receive Industrial Leave pay in
lieu of Total Temporary Disability payments and may supplement these payments with sick leave,
vacation leave or compensatory time off they have earned. If deemed temporarily totally disabled or
permanently disabled and unable to return to work, employees may apply for Long Term Disability.
20.9.5. Conversion to LTD
Prior to the end of the six (6) months of paid leave pursuant to section 20.9.3., 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 CalPERS 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.
20.9.6. Vacation and Sick Leave
Except as provided in 20.9.2. 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.
20.9.7. Expiration
Industrial leave shall expire when one of the following conditions occurs
20.9.7.1. Employee is able to return to work to his regular position.
20.9.7.2. 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 CalPERS.
20.9.7.3. The employee's condition is determined to be permanent or of an extended
duration.
20.9.7.4. The degree of disability precludes continued employment by the employee in
his/her present position.
20.9.7.5. After twenty-six (26) weeks of industrial disability payments.
20.9.8. 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).
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
20.10. Bereavement Leave
An employee may be pennitted to take up to four (4) 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, registered domestic partner under
California law, or relative living within the employee's household. Persons in loco parentis may also be
considered under certain circumstances. Such leave shall not be charged against the employee's sick leave or
vacation.
In addition to bereavement leave, an employee may request up to two (2) 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
Employees do not receive any employer paid deferred compensation as the employees requested to roll this
former benefit into their Flexible Benefit Plan as outlined below.
Effective January 1, 2006 the $90 deferred compensation contribution made by the City will be placed into the
employees Flexible Benefit Plan monthly benefit amount. The $90 deferred compensation used for flex benefits
shall not be included as a factor for future percentage increases to the Flex Benefit Plan.
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.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
23. HEALTH BENEFITS
23.1. Flexible Benefit Plan
23.1.1. Definition
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) was 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 January 1, 2012, the City increased the Flexible Plan contribution in an amount equal to
the average percentage increase for the basic plan premium for Health Maintenance
Organizations (HMOs) under the CalPERS insurance program, notto exceed 8 percent. (This was
calculated by subtracting the $90.00 former deferred compensation amountfrom the currentflex
amount before adding the 8% cap and resulted in the current $1,506 when the $90 was added
back).
Effective January 1, 2013, The City will maintain the Flexible Benefit Plan contribution in an amount equal
to one thousand five hundred six dollars ($1,506).
Effective January 1, 2014, The City will maintain the Flexible Benefit Plan contribution in an amount equal
to one thousand five hundred six dollars ($1,506).
In consideration of the Union agreeing to maintain the Flexible Benefit Plan contribution at $1,506 for
calendar year 2013 and 2014, the City has agreed to the Union's request that the seven IBEW covered
employees whose medical and dental costs exceed the Flexible Benefit Plan contribution amount on
January 1, 2013, will have their Flexible Benefit Amount temporarily raised on January 1, 2013, and on
January 1, 2014, to an amount that coincides to the cost of their current medical and dental costs for that
year.
Effective October 1, 2014, the Union or the City may request a reopener to discuss the Flexible Benefit
Plan. The parties agree that this re -opener cannot result in the City imposing a reduction to the existing
flex benefit amount of $1,506 and that any changes to the Flexible Benefit Plan would occur on or after
January 1, 2015.
The Flex Benefit Plan contribution will remain at a minimum of $1,506, in 2015, 2016 and 2017
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.
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
Ve]
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
23.2. Retirement
Employees, who, at the time of retirement from the City of Azusa, have at least twenty (20) cumulative
years of service with the City of Azusa, shall have the opportunity to choose one of the following options.
The employee must indicate his or her choice within 30 days of retirement from the City of Azusa and
such choice shall be considered irrevocable:
23.2.1.1 City -Paid Health Insurance. Beginning with the first month after retirement, the City will
reimburse monthly to the employee, until the employee passes away, an amount equal to
the single -coverage premium in the health insurance program of the employee's choice, in
the CalPERS health plans. The amount of the City's contribution shall vary, up or down,
depending on periodic changes in rates. The minimum contribution (currently $16 per
month) that the City pays directly to CalPERS shall be considered to be part of the portion
paid by the City.
23.2.1.2 City -Paid Annuity. The City will purchase, in the employee's behalf, a paid-up annuity
income policy with benefits paid monthly, in an initial amount equal to the monthly single -
coverage premium in the PERSCare health plan. The annuity shall include an allowance for
increases due to inflation.
24. EDUCATIONAL REIMBURSEMENT AND LICENSES, REPAYMENT OF APPRENTICE LINE MECHANIC
TRAINING, COMPUTER LOAN
24.1. Tuition Reimbursement
Effective August 1, 2012, no new participants will be allowed in the Tuition Reimbursement Program until
August 1, 2013. Current qualified participants can continue in the program.
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 theirjob.
24.1.1.2. Help prepare them for advancement to positions of greater responsibility in the
City of Azusa.
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.
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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. Distance
learning classes offered by such colleges and universities shall be covered by
this provision. 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
stated in the school catalog. Remedial courses or those taken as required for a
non -approved major shall not 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 Manager 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, and 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 based on the
published Cal -State systemwide fees found at
http://www.calstate.edu/budgeVstudent-fees/m andatory-fees/1213-
feeschedules.shtml. Should employees be able to provide documentation that
the rates for the approved program at the CSU that they are attending differs
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MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
from the published information, we will pay the documented CSU rate for that
specific CSU program only.
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 orderto 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 24 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 Repayment of Apprentice Line Mechanic Training
24.2.1 Apprentice Line Mechanics shall be required to repay the City for training costs if they leave
City employment within three (3) years of completing the Apprentice Line Mechanic Training
Program. Repayment of training costs shall be calculated as follows:
Within one (1) year employee repays 100%
Within two (2) years employee repays 66 213%
Within three (3) years employee repays 33 1/3%
After three (3) years employee repays 0%
24.3. Computer Loan Program
Effective August 1, 2012, no new participants will be allowed to participate in the Computer Loan
Program until August 1, 2013.
24.3.1 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.
24.3.2 The equipment configuration shall be appropriate to the employee's position and career with
the City.
24.3.3. The City will recommend a vendor who has agreed to provide discount pricing.
24.3.4. 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 prior to purchase.
32
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
24.3.5. 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.
24.3.6. 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 ("Levi") pants if he or she returns the standard issue pants to the
department. If an employee desires to wear a ball cap, it shall be a department issued hat. The presentability of
such clothing will be determined by management.
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 or with appropriate department otr City logo. The presentability of such clothing will be
determined by management. This section does not apply to employees who are required to wear long sleeve
shirts, pants or flame retardant uniforms for safety reasons, as determined by mamangement.
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 or appropriate material to meet OSHA requirements.
25.4. Meter Readers
Meter Readers may wear shorts and stockings. The color shall be a solid pattern. The presentability of such
clothing will be determined by management.
25.5. Customer Service
A committee comprised of Local 18 staff and members along with City Management determine the parameters,
including style, numbers of uniforms and other issues of importance. Uniforms will be provided by a professional
uniform company and employees will be professionally fitted for their uniforms by this company.
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.
33
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
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.
28. SEPARABILITY
Should any provisions of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of
competent ju risdiction, 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. LONG TERM DISABILITY INSURANCE
30.1. 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, vacation, and/or compensatory
time to supplement the LTD payment so as to receive 100% of his/her base salary.
30.2. The LTD plan shall:
30.2.1. Provide 66.67% of the employee's monthly salary.
30.2.2. Commence after a 30 calendar day waiting period and provide a benefit to age 65.
30.3. For the first 30 days of non -job related illness or injury, the employee will use accrued sick leave,
compensatory time or vacation leave;
34
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2012 to July 31, 2017
At no time will an employee receive more than 100% of their base pay.
30.3.1. The premium will be added to the employee's gross pay and deducted from the net pay so as
to make the benefits exempt from further taxation.
31. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding (MOU) shall commence August 1, 2012 and shall continue in full force
and effect until July 31, 2017.
32. 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.
35
S g-►td.Ture-S GLre 1r, -i 115 --
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AZUSA AND THE
INTERNATIONAL BROTHERHOOD F ELECTRICAL WORKERS AND
AUGUST 1, 2012 THROUGH JULY 31, 2017
FOR THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18, UNIT 64
By: Date:
Brian D'Arcy, Business Manager
By: Date:
Gus Corona, Assistant Business Manager
By: Date:
Ken Delgado, Business Representative
By:
0
Charles Alvarez, Chair, Unit 64
Santiago Cabral, Representative, Unit 64
Edward Cazares, Representative, Unit 64
Date:
Date:
Date:
By: Date:
Vince Perkins, Representative, Unit 64
By: Date:
Robert Ryan, Representative, Unit 64
FOR THE CITY OF AZUSA
0
James Makshanoff, City Manager
Date:
By: Date:
George Morrow, Director of Utilities
By:
Marco Martinez, City Attorney
Best Best & Krieger
Date:
By: Date:
Robert Neiuber, Director of Human Resources
yu..-iure,5 r 1✓� �11e
36
INDEX
Advisory Arbitration (7)
Automatic Payroll Deposit (19)
Bereavement Leave (28)
Bilingual Premium (18)
Callback Pay (13)
City Rights (1)
Compensatory Time off (11)
Computer Loan Program (32)
Deferred Compensation (28)
Disability Insurance (34)
Dues Deductions (2)
Education Incentive Premium (18)
Employee Organizational Rights and Responsibilities (2)
Bulletin Boards (2)
Dues Deductions (2)
Indemnification (2)
Maintenance of Membership (2)
Newly Hired Employees (2)
Rights, Powers and Authority (3)
Union Organization (3)
Flex Staffing (16)
Apprentice Line Mechanic and Line Mechanic Helper (16)
Customer Service Representatives (16)
Meter Test Series (17)
Water Distribution Workers and Production Operators (16)
Flexible Benefit Plan (29)
Amount of Monthly Benefit (29)
Definition (29)
Floating Holidays (20)
Footwear (5)
Fringe Benefit Administration (28)
Changes (28)
Deferred Compensation (28)
Selection of Funding Method (28)
Grievance and Appeals Procedure (5)
Advisory Arbitration (7)
Appeal of Disciplinary Action (5)
Burden of Proof (6)
Continuance (7)
Findings of the Personnel Board (7)
Further Discussion (5)
Hearings (6)
Informality (6)
Investigation (5)
Joint Accusations (7)
Power to Examine (6)
Resolution and Complaints (5)
Unexcused Absences (6)
Health Benefits (28)
Retirement (30)
Holidays (19)
Applicable Overtime Rates (19)
Designated Holidays (19)
Thanksgiving Week (20)
Hours of Work (10)
Intent of Article (10)
Timekeeping Interval (11)
Water Production Operators (10)
Workweek/workday (10)
Industrial Leave (26)
Conversion to Ltd (27)
Duration (26)
Expiration (27)
Rate of Pay (26)
Restrictions (26)
Job Security (19)
Jury Duty (22)
Lead Meter Reader (14)
Leave of Absence (22)
Notice of Return (22)
Outside Employment During (22)
Life Insurance (28)
Long Term Disability Insurance (34)
Longevity Premium (18)
Maintenance of Existing Benefits and Conditions (34)
Military Leave (23)
No Strike - No Lockout (9)
Prohibited Conduct (9)
Union Responsibility (9)
Nondiscrimination (4)
Anti-discrimination (4)
Gender (4)
Protection of Rights (4)
Overtime (11)
Compensatory Time off (11)
Limitation of Authority (12)
Priority (12)
Rate of Compensation (11)
Timekeeping Interval (11)
Overtime Meal Policy (12)
Probationary Employees (8)
Discharge (8)
Probationary Basis (8)
Probationary Reinstatement (8)
Ratification and Execution (35)
Recognition (1)
Reinstatement (8)
Previous Service Credit (9)
Probationary Period (9)
Recommendation of Department Head (8)
Retirement (17)
Employer Paid Member Contributions (17)
Service Credit for Unused Sick Leave (17)
Two Year Additional Service Credit (17)
Safety and Health (4)
Federal and State Laws (4)
Footwear (5)
Weather and Air Quality (5)
Salary and Compensation and Retirement (15)
Apprentice Line Mechanic and Line Mechanic Helper (16)
Bilingual Premium (18)
Education Incentive Premium (18)
Job Security (19)
Longevity Premium (18)
Meter Test Series (17)
Pay Increases (15)
Retirement (17)
Separability (34)
Shop Stewards. (4)
Sick Leave (23)
Accrual and Use (25)
Authorization Process (24)
Conversion of Accrued Sick Leave to Cash (25)
Conversion to Service Credit upon Retirement (26)
Daily Notification (24)
Doctor's Verification (24)
Notification (24)
One-fourth Conversion (23)
One-third Conversion (23)
Payment for Accumulated Sick Leave (25)
Personal Business (24)
Probationary Period (24)
Reasons for Use (24)
Termination (26)
Vacation, Use of Sick Leave During (26)
Sole and Entire Memorandum of Understanding (33)
City Rules and Regulations (34)
Intent (33)
Standby Pay (13)
Term of Memorandum of Understanding (35)
Tuition Reimbursement (30)
Eligibility (30)
Eligible Courses (31)
Objective (30)
Reimbursement (31)
Uniform Standards (33)
Meter Readers (33)
Presentability (33)
Shirts (33)
Warm Weather (33)
Vacation (20)
Accrual Rate (21)
Accrual Schedule (21)
Conversion (21)
Termination (21)
Vacation Credit (21)
Waiver of Bargaining During Term of this Agreement (34)
Working out of Classification (14)
Absence(14)
Lead Line Mechanic (14)
Pay Range (14)
Restriction (14)
Special Acting Pay (14)
Workweek/workday (10)