HomeMy WebLinkAboutE-6 Staff Report - Restated MOU for IBEW CONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES
DATE: OCTOBER 18, 2021
SUBJECT: APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 18
(IBEW)
BACKGROUND:
The City’s Negotiation Team consisting of Talika Johnson, Director of Administrative Services, and
Nico DeAnda-Scaia, Deputy City Administrator, has been in negotiations with the International
Brotherhood of Electrical Workers, Local 18 (IBEW). The IBEW membership consists of Azusa Light
and Water Workers and Supervisors. Mutual agreement between the City of Azusa and IBEW has been
reached; therefore, negotiations with the IBEW has been concluded. This action will amend and restate
the existing Memorandum of Understanding (MOU) of the IBEW with a contract term through July 31,
2025.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)Approval of amended and restated Memorandum of Understanding between the City of
Azusa and the International Brotherhood of Electrical Workers, Local 18.
ANALYSIS:
The MOU between the City of Azusa and IBEW expired on July 31, 2021. Negotiations with IBEW
commenced in May 2021. Sessions consisted of several discussions of the City’s current financial
position, future projections, and operational matters such as safety, salary market comparisons, standby
and overtime considerations and more.
The City’s current reserve position is strong, and although some level of expectation of reduced
revenues exists over the next couple of years while recovering from the pandemic, the City has taken
many positive steps to create operational efficiencies and reduce costs, and to increase its revenue base
APPROVED
CITY COUNCIL
10/18/2021
IBEW MOU August 1, 2021 – July 31, 2025
October 18, 2021
Page 2
by renegotiating contracts and passing special revenue measures. Therefore, Staff recommends the
Council consider the amended and restated MOU as proposed.
Amongst several mutually agreed upon concessions, the provisions of the proposed MOU include the
following compensation and benefit adjustments:
1. Contract Term: August 1, 2021 through July 31, 2025.
2. Cost of Living Adjustment: Fiscal Year 2021-2022: 4%
Fiscal Year 2022-2023: 3%
Fiscal Year 2023-2024: 3%
Fiscal Year 2024-2025: 3%
3. Salary Adjustments: Effective August 1, 2021, following classifications will
receive one-time salary adjustment, separate from cost of
living adjustment:
Field Service Representative 10.00%
Field Service Supervisor 9.80%
Apprentice Line Mechanic 4.00%
Line Mechanic 4.33%
Electric Troubleshooter 2.63%
Apprentice Electric Test Tech 8.81%
Electrical Test Technician 8.11%
Senior Electric Test Technician 7.86%
Electric Crew Supervisor 2.63%
Electric Distribution
2.63%
4. Deferred Compensation: Effective August 1, 2021, City will provide $100/month to
each employee. Effective January 1, 2022, employees have
option to redirect this amount towards FBP contribution to
assist with premium costs.
5. Flexible Benefit Plan: Decrease to FBP max cap for all members:
Effective upon ratification of MOU, FBP will decrease to
$1,500/mo from $1,506/mo.
6. Footwear Allowance: Increase from $235/yr to $300/yr.
Other substantive language added to the MOU, includes, but not limited to: adding a reopener option to
discuss the Flexible Benefit Plan (FBP) in year three, providing periodic replacement of city-issued
uniforms and reimbursement for uniforms purchased from outside source, holding monthly division
level safety meetings, special acting pay requirement to include field service representatives, and
updating language to be consistent with other MOU agreements and state/federal laws. The attached
MOU is in draft format pending non-substantive language clean-up throughout MOU.
IBEW MOU August 1, 2021 – July 31, 2025
October 18, 2021
Page 3
FISCAL IMPACT:
The cost of the aforementioned IBEW benefit adjustments impacting over 64 employees is estimated at
$1,383,605 for the four-year term of this contract, of which approximately 2.93% (or $40,540) is
allocated to the General Fund. The first year cost has already been included in the Fiscal Year
2021/2022 Adopted Budget, and subsequent year’s costs will be programmed in the annual budgets as
applicable.
Prepared by: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) Amended and Restated Memorandum of Understanding between the City of Azusa and the
Brotherhood of Electrical Workers, Local 18
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND LOCAL 18 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
AUGUST 1, 2021 THROUGH JULY 31, 2025
Attachment 1
TABLE OF CONTENTS
1. RECOGNITION ..................................................................................................................................... 1
2. CITY RIGHTS ....................................................................................................................................... 1
3. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES ................................................ 2
4. NONDISCRIMINATION ........................................................................................................................ 4
5. SAFETY AND HEALTH ........................................................................................................................ 4
6. GRIEVANCE AND APPEALS PROCEDURE ....................................................................................... 5
7. PROBATIONARY EMPLOYEES .......................................................................................................... 8
8. REINSTATEMENT ................................................................................................................................ 9
9. NO STRIKE - NO LOCKOUT ................................................................................................................ 9
10. HOURS OF WORK ............................................................................................................................. 10
11. OVERTIME ......................................................................................................................................... 11
12. STANDBY AND CALLBACK............................................................................................................... 13
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.................................................................................................................15
14.5. Apprentice Line Mechanic and Line Mechanic Helper ...............................................15
14.6. Customer Service Representatives ...............................................................................16
14.7. Water Distribution Workers and Water Treatment Operators .....................................16
14.8. Meter Test Series .........................................................................................................16
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
14.16.Salary Adjustments .......................................................................................................19
15. HOLIDAYS .......................................................................................................................................... 20
15.1. Designated Holidays ....................................................................................................20
15.2. Applicable Overtime Rates ..........................................................................................20
15.3. Floating Holidays .........................................................................................................20
15.4. Observation ..................................................................................................................20
16. VACATION .......................................................................................................................................... 21
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
20.4. Reasons for Use of Sick Leave ....................................................................................24
20.5. Restrictions on Sick Leave ...........................................................................................24
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
21.2. Selection of Funding Method.......................................................................................28
21.3. Changes ........................................................................................................................28
21.4. Deferred Compensation ...............................................................................................28
22. LIFE INSURANCE .............................................................................................................................. 29
23. HEALTH BENEFITS ........................................................................................................................... 29
23.1. Flexible Benefit Plan....................................................................................................29
23.2. Retirement ....................................................................................................................30
24. EDUCATIONAL REIMBURSEMENT AND LICENSES, COMPUTER LOAN .................................... 31
24.1. Tuition Reimbursement ...............................................................................................31
24.2. Repayment of Apprentice Line Mechanic Training ....................................................31
24.3. Computer Loan Program..............................................................................................31
25. UNIFORM STANDARDS .................................................................................................................... 31
25.1. Presentability................................................................................................................31
25.2. Warm Weather .............................................................................................................32
25.3. Shirts ............................................................................................................................32
25.4. Field Service Representatives ......................................................................................32
25.5. Customer Service .........................................................................................................32
25.6. Uniform Replacement ..................................................................................................32
26. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ......................................................... 32
27. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT .............................................. 33
28. SEPARABILITY .................................................................................................................................. 33
29. MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS ....................................................... 33
30. LONG TERM DISABILITY INSURANCE ............................................................................................ 33
31. TERM OF MEMORANDUM OF UNDERSTANDING ......................................................................... 34
32. RATIFICATION AND EXECUTION .................................................................................................... 34
1
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AZUSA AND
LOCAL 18 OF THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Effective August 1, 2021 thru July 31, 2025
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 number of locations, relocations, and types of operations,
processes and materials to be used in carrying out all City functions including, but not limited,
the right to contract for or subcontract any work or operation of the City.
2.1.9. To assign work to and schedule employees in accordance with requirements as determined by
the City and to establish and change work schedules and assignments.
2.1.10. To relieve employees from duties for lack of work or similar 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
2.1.13. To determine job classifications and to reclassify employees.
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.
2.1.15. To determine policies, procedures and standards for selection, training and promotion of
employees.
2.1.16. To establish employee performance standards including, but not limited to, quality and quantity
standards and to require compliance therewith.
2.1.17. To maintain order and efficiency in its facilities and operations.
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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
3
3.5. Bulletin Boards
The Union shall have the right to use adequate space on the bulletin boards on City premises for the purpose
of posting announcements and Union information. The bulletin board space shall be used for the following
subjects only:
3.5.1. Union recreational, social and related Union news bulletins.
3.5.2. Scheduled Union meetings.
3.5.3. Information concerning Union elections and the results thereof.
3.5.4. Reports of official Union business, including Union newsletters, reports of committees, or the
Board of Directors.
3.5.5. Any other written material which first has been approved and initiated by the designated City
representatives appointed by the City Manager. 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 and job class titles of its officers, shop stewards and other representatives
each time an election is held or new appointments are made.
3.7.1.2. An employee elected or appointed as an officer or shop steward of the Union shall be
required to work full time in his respective job class and shall not interrupt the work of
other employees.
3.7.2. Officers and representatives (subject to the provisions of Paragraph 3.7.1.2.) of the Union shall
be permitted to visit employee work locations for the purpose of observing conditions under
which employees are working, provided such visit shall not interrupt the work of such employees,
interfere with the normal operations of the department or with established safety requirements.
3.7.2.1. Such officers and representatives shall not enter any work location without the
knowledge of the department head, division head, or other appropriate supervisor.
3.7.2.2. Solicitation of membership and all activities concerned with the internal management
of the Union, such as collecting dues, holding membership 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
4
3.7.2.3. Such officers and representatives shall not use City vehicles while conducting
activities as stated in 3.7.2.2.
3.7.3. In the event that the Union is formally meeting and conferring with representatives of Azusa on
matters within the scope of representation during regular Azusa business hours, a reasonable
number of officers, shop stewards or other representatives of the Union shall be allowed
reasonable time off without loss of compensation or other benefits.
3.7.4. 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
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
5
procedures and environment.
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 three hundred dollars $300 per year, except for those employees who are required to
wear Lineman's boots shall receive an allowance of up to the equivalent of one pair of lineman's boots per year.
An employee who fails to outfit him/herself with proper footwear when reporting to work shall be asked to leave
without pay until the proper footwear requirement is met. Management and employees shall determine jointly
the acceptable footwear at the beginning of each fiscal year. Employees working less than one (1) year shall
be entitled to the appropriate allowance under this section on a 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 South Coast Air Quality Management District (SCAQMD) declares a color code red, then all work in the
field other than emergency work (e.g. restoring service due to outage or repairing major leak) as determined
by the department head or his/her division manager and customer turn-ons shall cease until such alert is
cancelled. 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 turn-ons. The employees not performing emergency work or customer turn-ons may
be assigned light duty work, which does not involve heavy and constant exposure to such weather or unhealthful
air quality conditions.
5.4. Safety Meetings
Management shall hold division level safety meetings, at least once per month, to address the safety concerns
of Local 18 members. The meetings shall include at least one manager and all available Local 18 members on
duty the day of the safety meeting. Meeting minutes shall be recorded to ensure that issues raised during the
safety meetings are addressed and resolved in a timely fashion.
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
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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department head's reply, appeal the department head's decision in accordance with Section 6.4. or Section 6.5.
6.4. Appeal of Disciplinary Action
Any employee in the classified service shall have the right to appeal to the Personnel Board regarding any
discipline. The appeal shall contain a written narrative by the employee of the discipline imposed, giving dates
of occurrences or conditions, as applicable.
The department head shall prepare a written answer to the allegations and transmit it to the Personnel Board
with a copy to the employee.
6.4.1. Hearings
The Personnel Board shall set the matter for hearing and give the appellant and the department head at
least five (5) business days notice in writing of the date and place of such hearing. The appellant shall
attend, unless excused by the Personnel Board, and shall be entitled to:
6.4.1.1. Be represented by counsel or other representative of his choice;
6.4.1.2. Testify under oath or affirmation;
6.4.1.3. Subpoena witnesses;
6.4.1.4. Cross-examine all witnesses;
6.4.1.5. Present such affidavits, exhibits and other evidence deemed pertinent to the hearing.
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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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6.4.5. Informality
Hearings shall be informal. The Personnel Board may receive and consider such oral, written and
physical evidence as it deems pertinent, and may receive it in such order and manner as in the judgment
of the Personnel Board is fair and equitable in each case. Parties to any matter before the Personnel
Board may be represented by counsel, but the right of such representation shall not be construed to
require observance of the formal rules of evidence, or other formality, in the conduct of a hearing; nor
shall such formality in the proceedings invalidate any decision rendered by the Personnel Board.
6.4.6. Findings of the Personnel Board
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)
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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arbitrators submitted by the American Arbitration Association. The selection shall be made by
alternatively striking the list with the first strike determined by lot.
6.5.2. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than
60 calendar days, from the date of the filing of the appeal with the Personnel Director. The parties
may stipulate to a longer or shorter period of time in which to hear the appeal. All interested
parties shall be notified in writing of the date, time, and place of hearing.
6.5.3. All hearings shall be conducted according to the procedures of the American Arbitration
Association.
6.5.4. Arbitration of a grievance under this provision shall be limited to the issues submitted. The
Arbitrator's decision shall not add to, subtract from, or otherwise modify the terms and conditions
of this agreement.
6.5.5. The Arbitrator shall submit his/her written decision within thirty (30) calendar days following the
close of hearing, unless the parties agree to an extension. The decision shall set forth findings
of fact and conclusions.
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 filed where appropriate.
6.5.9. Each party shall bear equally the cost of facilities, fees and expenses of the Arbitrator, including
any court reporter and transcripts. Each party shall bear its own witness and attorney fees. If
either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee
charged by the Arbitrator or court reporter, then the party responsible for the cancellation or
postponement shall be solely responsible for payment of that fee. This process shall not apply
to mutual settlements by the parties, which result in an arbitration fee.
6.5.10. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to
proceedings under this Section.
7. PROBATIONARY EMPLOYEES
7.1. Probationary Basis
All appointments in the classified service, including promotional appointments, shall be made on a probationary
basis. All appointments, whether initial or promotional, shall be for a six (6) month probationary period, and
customary evaluations of the progress and desirability of the appointee as a regular 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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7.3. Probationary Reinstatement
An employee serving a probationary period in a promotional position whose job performance is unsatisfactory
shall be reinstated to the position from which he was promoted, unless charges are filed and he is discharged
in a lawful manner.
8. REINSTATEMENT
8.1. Recommendation of Department Head
Upon recommendation of the department head and the City 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 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 regular 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 other job action by withholding or
refusing to perform services.
9.2. Lockout
The City agrees that it shall not lock out its employees during the term of this Agreement. The term "lockout"
is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure
to return to work of employees of the City in the exercise of its rights to do so as set forth in any of the provisions
of this Agreement or applicable ordinance or law.
9.3. Termination
Any employee who participates in any conduct prohibited in Section 9.1. of the above may be subject to
termination by the City.
9.4. Suspension
In addition to any other lawful remedies or disciplinary actions available to the City, if the Union fails, in good
faith, to perform all responsibilities listed below in Section 9.5., "Union Responsibility - Instruction to Cease",
the City may suspend any and all rights, privileges, accorded to the union under this Memorandum of
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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Understanding, including but not limited to suspension of recognition of the Union, grievance procedure, right
of access, check-off, the use of the City's bulletin boards and facilities.
UNION RESPONSIBILITY
9.5. Instruction to Cease
In the event that the Union, its officers, agents, representatives or members engage in any of the conduct
prohibited in Section 9.1 above, "Prohibited Conduct - No Cause Agreement", the Union or its duly authorized
representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation
of this Memorandum of Understanding and unlawful and they should immediately cease engaging in conduct
prohibited in Section 9.1 above, "Prohibited Conduct - No Cause Agreement" and return to work.
9.6. Non-Liability
If the Union performs all of the responsibilities set forth in Section 9.5. above, its officers, agents and
representatives shall not be liable for 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. Workweek/Workday
10.2.1. The regular workweek for all employees covered by this MOU shall not exceed forty (40)
hours for four (4) consecutive days, commencing at 12:01 a.m. Sunday and ending at
Midnight Saturday. The workweek for all employees shall be either Monday through
Thursday or Tuesday through Friday. The City reserves the right to determine which of
the four (4) consecutive workdays (as defined above) for any employee affected by this
MOU as required to meet the needs of the department.
10.2.2. Except as provided for in 10.2.4 and 10.2.5, the workday will be ten and one-half (10 1/2)
hours with forty (40) minutes for lunch and two (2) fifteen (15) minute breaks to be
scheduled with the approval of a supervisor or department head. The City reserves the
right to determine the beginning and ending times of the ten (10) hour workday. In the event
an employee is unable to take their 40 minute lunch break, they will be paid for those 40
minutes.
10.2.3. Notwithstanding the above, the Water Treatment Operators may work an alternate work
schedule as directed by the Utilities Director. The Utilities 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
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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Tuesday to Friday
Tuesday to Friday
Wednesday to Wednesday
For purposes of section 11.4.6, the Saturday before and after the 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.
10.3. 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 two hundred forty (240) 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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11.4. Rate of Compensation
11.4.1. Except as provided elsewhere, all overtime work shall be compensated at double time (2)
times the number of hours worked, except for scheduled overtime. Note: if working
scheduled overtime, and a situation arises where it would be a call out incident and those
who are on scheduled overtime are asked to respond will be paid at the double time rate
starting at the point of the call out.
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 eight (8) 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 eight(8)
hour rest period.
11.4.5. All hours worked in excess of twelve (12) consecutive hours shall be compensated at two
(2) times the normal rate until the employee has an eight (8)-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 sixteen dollars ($16) for each such period. During an emergency
situation, a meal period would not be mandatory and the missed ½ 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 sixteen dollars
($16) for each such four (4) hour period and ½ 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 or a meal reimbursement of sixteen dollars ($16)
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 sixteen dollars ($16).
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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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
Regular employees will be given priority to receive after-hours work assignments. However, management
reserves the discretion to assign after-hours work to temporary/part-time employees as long as the
temporary/part-time employee, by performing an after-hours work assignment, will not exceed thirty-two (32)
hours worked during the week.
12. STANDBY AND CALLBACK
12.1. Standby Pay
The City agrees to pay time and one-half (1 1/2) for standby time with a minimum of two (2) hours, which will
result in three (3) hours of regular pay. In the event the employee notifies the department that he/she will be
using sick leave while on standby duty, he/she will not be entitled to standby pay. Standby duty may be
assigned by management to ensure continued service to customers, public safety, and/or protection of utility
assets; provided, however, such standby duty shall be assigned on an annual basis and evenly distributed to
all qualified personnel. The criteria for an employee to be assigned standby duty shall be objective based on
the necessary functions that must be performed safely while on standby duty.
12.2. Callback Pay
If an employee is required to be called back to work after completing his or her normal shift or after having left
City premises or the employee's work location, the employee shall be compensated at the appropriate rate for
each hour worked on callback with a minimum of two (2) hours callback compensation at the appropriate rate,
regardless of whether the employee actually works less than two (2) hours. This provision shall be applicable
to employees although the employee's regular work week is not completed but shall not apply to employees
who are continuing on duty for their normal work shift. In accordance with prior practice, the time starts when
the callback call is received by the employee.
12.3. Appropriate Rate of Pay for Callback
12.3.1. The rate of pay for all callbacks as defined in this Section, including employees on standby
duty, shall be compensated at double time (2) the normal rate of pay.
12.3.2. 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.
12.3.3. The department head or his/her designee may at his/her discretion, direct an employee to
leave work and require that the employee have an eight (8) 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. No employee shall be denied an eight (8)
hour rest period after working sixteen (16) consecutive hours if the employee requests such
rest period because of their physical condition. Employees shall be paid at their regular
hourly rate of pay for all regularly scheduled work hours, which occur during the rest period.
Employees required to return to work during such rest periods, shall be compensated at
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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the overtime rate of pay for all time worked; provided, however, such overtime pay shall be
in lieu of, and not in addition to, the regular rate of pay.
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 (10) hours; provided,
however, such ten (10) hour minimum shall not be required outside of regular working hours when i) an
emergency requires immediate attention and a crew to complete the repairs and ii) the standby employee has
called all regular supervisors back to run the crew and none were available to come in to work. 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 Field Service Representatives (FSR), when acting in the position of Field Service
Supervisor 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 hour eligibility period before an employee is entitled to receive
premium pay for working out of class, absence for any reason, except absence due to a regularly scheduled
holiday or a regularly scheduled day off, shall break consecutiveness and cause an employee to be ineligible
to receive premium pay.
13.5 Lead 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 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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13.6 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, 2021, there shall be a 4.0% adjustment in the salary for all
classifications and steps for employees represented by this agreement.
14.1.2 Effective August 1, 2022, there shall be a 3.0% adjustment in the salary for all
classifications and steps for employees represented by this agreement.
14.1.3 Effective August 1, 20123, there shall be an 3.0% adjustment in the salary for all
classifications and steps for employees represented by this agreement.
14.1.4 Effective August 1, 2024, there shall be a 3.0% adjustment in the salary for all
classifications and steps for employees represented by this agreement.
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
Electric Troubleshooter
Line Mechanic
Apprentice Line Mechanic (Step 4 of Apprentice Program, not salary range)
14.3. Salary Survey
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
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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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 duties of which the candidate has insufficient
knowledge and/or experience to achieve the promotion.
14.7. Water Distribution Workers and Water Treatment Operators
14.7.1. The classification of Water Distribution Worker I/II/III and Water Treatment Operator I/II/III
shall be incorporated into the "flexible" staffing pattern. Employee(s) in either the Water
Distribution Worker I/II or Water Treatment Operator I/II classifications shall be promoted
to the respective "II" 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 “II” level of either position is not promoted within one (1) year
after attaining the fifth (5th) step, he/she will be presented, in writing, the reason(s) for the
denial of the promotion, and a list of the area(s) and duties of which the candidate has
insufficient 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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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 (CalPERS), "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 7% 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 7% 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). If the normal cost is evaluated by CalPERS
actuarial report to increase or decrease, the employee’s contribution will be adjusted
accordingly. PEPRA members under the contract with the California Public Employees’
Retirement System CalPERS formula shall be 2%@ 62. The City shall also maintain an
increased level of the 1959 Survivor Benefit.
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 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).
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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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.
14.11. Longevity Premium
Effective the first pay period in December 2017, the monthly longevity pay for employees shall be in
accordance with the following schedule:
10 yrs = $ 200
15 yrs = $300
20 yrs = $400
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 Effective August 1, 2013, employees awarded the following certificates, related to the
employee’s job, shall receive the listed dollar amounts per month:
CA State Water Resources Control Board Water Treatment Operator Grade 3 $50
CA State Water Resources Control Board Water Treatment Operator Grade 4 $75
CA State Water Resources Control Board Water Treatment Operator Grade 5 $100
CA State Water Resources Control Board Water Distribution Operator Grade 3 $50
CA State Water Resources Control Board Water Distribution Operator Grade 4 $75
CA State Water Resources Control Board 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.
14.13.2 Effective August 1, 2013, employees awarded an Associate of Arts or Science degree from
an accredited college or other certificate related to the employee’s mutually agreed to by
the Union and the City, shall receive $50 per month.
14.13.3 Effective August 1, 2013, employees awarded a Bachelor of Arts or Science degree
from an accredited college shall receive $75 per month.
Sections 14.13.2 and 14.13.3 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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14.14. Automatic Payroll Deposit
The City will 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.
14.16. Salary Adjustments
Effective August 1, 2021 the following classifications will receive one-time salary adjustments, separate from
Cost of Living Increases:
Classification Salary
Adjustment
Field Service Representative 10.00%
Field Service Supervisor 9.80%
Apprentice Line Mechanic 4.00%
Line Mechanic 4.33%
Electric Troubleshooter 2.63%
Apprentice Electric Test Tech 8.81%
Electrical Test Technician 8.11%
Senior Electric Test Technician 7.86%
Electric Crew Supervisor 2.63%
Electric Distribution Supervisor 2.63%
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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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Holiday Schedule Month FY
2021/2022
FY
2022/2023
FY
2023/2024
FY
2024/2025
Independence Day
July 4th July 5* 4* 4* 8*
Labor Day
1st Monday in September Sept 6* 5* 4* 2*
Columbus Day
2nd Monday in October Oct 11* 10* 9* 14*
Veteran’s Day
November 11th Nov 11 14* 13 11*
Thanksgiving Day
4th Thursday in November Nov 25 24 23 28
Christmas Day
December 25th Dec 27 26 25* 25
New Year’s Day
January 1st Jan 3 2* 1* 1
Martin Luther King Day
3rd Monday in January Jan 17* 16* 15* 20*
President’s Day
3rd Monday in February Feb 21* 20* 19* 17*
Memorial Day
Last Monday in May May 30* 29* 27* 26*
*=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 the holiday. Such employees shall receive no other compensation for working on the holiday. The
Water Treatment Operators whose holiday falls on one of their regular scheduled consecutive off days shall
observe the holiday on their following scheduled work day.
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 Treatment Operators)
shall be Monday through Thursday.
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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 em ployment 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 earlier than six (6) months after the
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.
For employees hired on and after December 1, 2017, the employee may accumulate up to a maximum of three
hundred (300) hours. Vacation accrual which exceeds the maximum allowed shall be paid to the employee in
the following pay period in which it is accrued until the accrued balance is below the maximum.
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
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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Manager.
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 may be granted by the City Council for a period not to exceed one (1) year following
the date of expiration of all other leave benefits. No employment service credits or fringe benefits such
as sick leave, vacation, health insurance, retirement or any other benefits shall accrue to any employee
on leave of absence without pay.
17.1.3. Extension
At the end of such leave, if the employee desires additional leave, written application must be made
to the City 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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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.
19. MILITARY LEAVE
19.1. Section 395
Military leave with pay shall be granted in accordance with Section 395 of the Military and Veterans code. 19.2. Salary
An employee who has been in the City employment for a period of not less than one (1) year, upon, being
called for temporary military duty, shall receive full salary for a period not to exceed thirty (30) calendar days
in a calendar year. Time spent in military service shall be considered City employment for computation of
employment related benefits.
20. SICK LEAVE, INDUSTRIAL LEAVE, AND BEREAVEMENT LEAVE
20.1. Sick Leave
Sick leave shall not be construed as a right, which an employee may use at his or her discretion, but shall be
allowed only in case of necessity or actual sickness or disability. 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
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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convert one-third of it to cash (but no combination of these two);
unused or unconverted leave would then be added to the
employee's sick leave balance.
20.2. Procedure
20.2.1 . Notification
As soon as an employee is aware he will be unable to report for work at the assigned time due to
illness or disability, he shall notify his immediate supervisor or department head.
20.2.2 . Authorization Process
In order to receive pay for sick leave, the employee, upon returning to work, must immediately
complete a Leave Request form indicating the nature of the illness or disability. The form must be
signed by the employee, his immediate supervisor and department head and forwarded to Finance for
processing.
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 regular status. If the employee does not become regular, 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 regular 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 year for 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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20.4.4. Doctors' Appointments
Medical, dental, and optical appointments.
20.4.5. Personal Business
Personal business not to exceed a maximum of thirty (30) hours during any one (1) fiscal year wherein
the City will not question usage. Personal business means those items of personal business that can
only be taken care of during regular working hours of the employee. Personal business leave shall be
approved or disapproved by the department head only in case of necessity. 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. For employees hired on or after December 5, 2017, sick leave may be accumulated
up to a maximum of one-thousand and forty hours (1040). Sick leave accrual which exceeds the maximum
accumulation allotted shall not be paid out to the employee nor shall the employee continue to accrue
additional sick leave until such time as the accumulated hours fall below one thousand and forty hours (1040).
20.7. Payment for Accumulated Sick Leave
20.7.1. Entitlement
Only employees hired prior to December 5, 2017 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.
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20.7.1.2. Voluntary Retirement
In the case of voluntary retirement for any other cause, such employee shall have been
employed by the City for at least ten (10) consecutive years of service.
20.7.1.3. Death
In the case of death, the employee has attained permanent status.
20.7.2. Conversion of Accrued Sick Leave
Employees hired prior to December 5, 2017 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 CalPERS, upon voluntary retirement
employees hired prior to December 5, 2017 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. Employees hired on or after December 5, 2017, may convert up to a maximum of six
(6) months of sick leave accruals pursuant to PERS guidelines (1040 hours).
20.7.4. Termination
Employees hired prior to December 5, 2017 who terminate 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. Employees hired
on and after December 5, 2017, shall not be entitled to any pay out of sick leave.
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 under the 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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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.
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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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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).
20.10. Bereavement Leave
An employee may be permitted 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, grandparents-in-law,
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
Effective August 1, 2021 the City shall provide $100.00 per month in deferred compensation to each employee.
Effective January 1, 2022 and each year during the open enrollment period employees whose premiums
exceed their FBP contribution amount have the option to redirect the City paid deferred compensation
contribution of $100.00 and have that amount added to their FBP.
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22. LIFE INSURANCE
22.1. Coverage
The City shall maintain in effect for the term of this agreement a life insurance plan(s) covering employees
covered by this agreement. The coverage provided by the City for the employee shall be equal to eighteen
(18) months of the employee's monthly base salary.
23. HEALTH BENEFITS
23.1. Flexible Benefit Plan
23.1.1. Definition
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) 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, 2018, 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, 2022 the Flexible Benefit
Plan contribution amount will be reduced to one thousand five hundred dollars ($1,500). New
Employees hired after December 4, 2017 shall not be entitled to cash out any portion of the Flexible
Benefit Plan Contribution.
Effective January 1, 2022 and each year during the open enrollment period employees whose
premiums exceed their FBP contribution amount have the option to redirect the City paid deferred
compensation contribution of $100.00 and have that amount added to their FBP (see 21.4).
The City agrees to a limited reopener to discuss a potential increase to the FBP in the final year 2024
of this MOU. Any increase negotiated would be effective January 1, 2024. The bargaining group must
approach the Human Resources Department Division to request a reopener if it is desired at that time.
The mutual agreement of the parties is required for any change.
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 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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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 hired prior to December 4, 2017, 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 current CalPERS Public Employee’ Medical
and Hospital Care Act (PEMHCA) minimum statutory contribution that the City pays
directly to CalPERS shall be considered to be part of the portion paid by the City.
23.2.1.2 Opt Out of the City Paid Health Insurance Plans by providing proof of other coverage for
the employee and their dependents to the City’s Third Party Administrator. An employee
who opts out of the City Health Plans will receive a monthly health reimbursement equal
to the monthly single coverage premium in the PERSCare health plan (Effective January
1, 2022 the PERSCare health plan will change to PERS Platinum). The payment of these
funds will be deposited into a Health Reimbursement Arrangement Account with the City’s
Third Party Administrator.
23.3 Health Reimbursement Arrangement (HRA)
For Employees hired on and after December 5, 2017, the City shall establish a Health
Reimbursement Arrangement Account (HRA) for the employee at the time of hire for the
reimbursement of medical premiums and IRS approved medical expenses in retirement.
Upon employment, or as soon as possible thereafter, the City shall deposit an initial
contribution of $2,000 into a HRA selected by the City. The City shall additionally deposit
the following amounts in the second pay period in July of each year (with year 1 deposit
being prorated in accordance with the anniversary date of the employee appointment):
Deposit of $1,000 dollars in years 1-5 of continuous service
Deposit of $2,000 dollars in years 6-10 of continuous service
Deposit of $3,000 dollars in years 11 until separation or
retirement/disability
Employee shall be employed for 5 consecutive years to be 100% vested. Any employees
who are not 100% vested under the vesting schedule at the time of separation shall forfeit
their unvested funds. In the event of the death of the employee, the employee spouse
and/or qualifying dependents, any vested funds remaining in the account shall be
forfeited. In the event the employee opts out of participation in the Plan, all vested and
unvested funds shall be forfeited.
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24. EDUCATIONAL REIMBURSEMENT AND LICENSES, REPAYMENT OF APPRENTICE LINE MECHANIC
TRAINING, COMPUTER LOAN
24.1. Tuition Reimbursement
The City’s Tuition Reimbursement Administrative Policy, as of April 2017, is incorporated herein and
applied to unit members for tuition reimbursement.
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 2/3%
Within three (3) years employee repays 33 1/3%
After three (3) years employee repays 0%
24.3. Computer Loan Program
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. 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. Upon approval, the City
will issue payment in the vendor’s company name.
24.3.4. 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.
24.3.5. 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
attorney’s 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
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25.2. Warm Weather
During the summer months and/or extremely warm weather, the field crew employees may wear T-shirts (but
not tank tops) while working underground or on the ground. The color of the T-shirt shall be a solid pattern
without logos of any type or with appropriate department 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 management.
25.3. Shirts
Shirts will be standard issue uniforms with the appropriate City logo and employee's name. The fabric of these
shirts may be cotton or appropriate material to meet OSHA requirements.
25.4. Field Service Representatives
Field Service representatives 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.
25.6. Uniform Replacement
City-issued uniforms shall be replaced periodically to maintain flame retardant properties, if applicable, and
presentability, as determined by management. City agrees to maintain a surplus of uniforms in multiple sizes
on hand to avoid long lead times for new or replacement uniforms. The city will provide a reimbursement to
the purchase of uniforms from an outside source with proof of purchase.
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.
26.2. City Rules and Regulations
Notwithstanding the provisions of section 26.1, there exists within 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
33
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 jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and
effect for the duration of this Memorandum of Understanding.
Should this language render invalid any provisions of this Agreement, then meet and confer sessions shall
immediately commence in efforts to agree upon replacements for such invalidated provisions.
29. MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS
29.1. Remain In Force
Except as provided herein, all wages, hours, and economic terms and conditions of employment presently
enjoyed by affected employees shall remain in full force and effect during the entire term of this Memorandum
of Understanding unless mutually agreed to the contrary by both parties hereto.
29.2. Total Compensation
As a matter of philosophy, the Union and the City recognize that compensation consists of terms and conditions
of employment other than those represented solely by salary. Further, the City and the Union recognize that
the changes in wages, hours, and other terms and conditions of employment as set forth in this Memorandum
of Understanding constitute additions to the total compensation received by affected employees.
30. 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.
30.2.1 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;
At no time will an employee receive more than 100% of their base pay.
30.2.1. 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.
MEMORANDUM OF UNDERSTANDING, LOCAL 18 OF THE IBEW, AUGUST 1, 2021 to July 31, 2025
34
31. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding (MOU) shall commence August 1, 2021 and shall continue in full
force and effect until July 31,2025.
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
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AZUSA AND THE
INTERNATIONAL BROTHERHOOD ELECTRICAL WORKERS AND
AUGUST 1, 2021 THROUGH JULY 31, 2025
FOR THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18, UNIT 64
By: ___________________________________________________________ Date: ________________
Brian D’Arcy, Business Manager
By: ___________________________________________________________ Date: ________________
Ken Delgado, Business Representative
By: ___________________________________________________________ Date: ________________
Charles Alvarez, Chair, Unit 64
By: ___________________________________________________________ Date: ________________
Brandi Bommarito, Vice Chair, Unit 64
By: ___________________________________________________________ Date: ________________
Robert Nodarse, Recorder, Unit 64
By: ___________________________________________________________ Date: ________________
Santiago Cabral, Unit 64
By: ___________________________________________________________ Date: ________________
Paul Branconier, Unit 64
By: ___________________________________________________________ Date: ________________
Angel Solache, Unit 64
By: ___________________________________________________________ Date: ________________
Gilbert Carlos, Unit 64
FOR THE CITY OF AZUSA
By: ___________________________________________________________ Date: ________________
Sergio Gonzalez, City Manager
By: ___________________________________________________________ Date: ________________
Marco Martinez, City Attorney
Best Best & Krieger
By: ___________________________________________________________ Date: ________________
Jeffrey Cornejo, City Clerk
By: ___________________________________________________________ Date: ________________
Talika Johnson, Director of Administrative Services
By: ___________________________________________________________ Date: ________________
Nico DeAnda-Scia, Deputy City Manager
36
I N D E X
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Absence (13)
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