Resolution No. 2014-045RESOLUTION NO. 2014-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 47 FOR THE PERIOD OF JULY 1, 2014 THROUGH
JUNE 30, 2016
WHEREAS, the International Brotherhood of Electrical Workers
Local 47 ("IBEW") has been recognized as an employee organization
pursuant to the City of Vernon Employer -Employee Relations Resolution
(Resolution No. 4027); and
WHEREAS, the City and IBEW have concluded labor negotiations
regarding wages, benefits and working conditions for period of
July 1, 2014 through June 30, 2016; and
WHEREAS, representative members of the IBEW and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by the IBEW, for the period of July 1,
2014 through June 30, 2016; and
WHEREAS, the City Council desires to approve the MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the International Brotherhood of Electrical Workers Local 47, in
substantially the same form as attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed MOU to Stan Stosel, IBEW Local 47 Senior Assistant Business
Manager.
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SECTION 6: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 15t" day of July, 2014.
Name: W. Michael McCormick
Title: Mayor / Pjayor —T
ATTEST:
Z22
A arcia
�/ Deputy City Clerk
APPROVED AS TO FORM:
Zaynaq olssa, Deputy City Attorney
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I 1%na Barcia iW� Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2014-45, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, July 15, 2014, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this t:� day of July, 2014, at Vernon, California.
(SEAL)
- 4 -
A arcia
G t;Lr G/ Deputy City Clerk
EXHIBIT A
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Preamble...............................................................................................................................6
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition.................................................................................................
7
Section 2:
No Discrimination........................................................................................
7
Section 3:
No Strikes or Lockouts.................................................................................7
Section 4:
City /Union Meetings..................................................................................
7
Section5:
Union Business............................................................................................7
Section6:
Management Rights......................................................................................9
Section7:
Employee Rights...........................................................................................
10
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1:
Legal Limitations and Savings Clause.........................................................
11
Section2:
Term..............................................................................................................11
Section 3:
Maintenance of Existing Conditions.............................................................
11
Section 4:
Modification and Waiver..............................................................................
12
Section5:
Severability...................................................................................................
12
ARTICLE THREE: ORGANIZATIONAL SECURITY
Section 1:
Organizational Security................................................................................
13
Section 2:
Contracting Out Provision............................................................................
14
ARTICLE FOUR: COMPENSATION
Section1: Salaries.......................................................................................................... 15
Section2: Merit Steps...................................................................................................15
Section 3: Temporary Upgrade Pay — Special Assignment ......................................... 15
2
Section 4:
Section 5:
Section 6:
Section 7:
Section 1:
Section 2:
Section 3:
Section 4:
BilingualPay.................................................................................................16
LongevityPay...............................................................................................16
Promotions................................................................................................... 17
Reclassification.............................................................................................. 17
ARTICLE FIVE: OVERTIME
Overtime Authorization.....
Overtime Compensation....
Comp Time ........................
Call Backs .........................
.......................................................... 19
......................................................... 19
......................................................... 19
....... ...................................... I .......... . 20
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section1: Uniforms....................................................................................................... 21
Section 2: Safety Boot/Shoe Allowance........................................................................ 21
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 1:
Section 2:
ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Medical..........................................................................................................
22
CafeteriaPlan ................................................................................................
22
Dental...........................................................................................................
23
Vision............................................................................................................
23
LifeInsurance................................................................................................
23
DeferredCompensation.................................................................................
23
Other City Employee Programs....................................................................
24
ARTICLE EIGHT: RETIREMENT
P.E. R. S................................................
P.E.R.S. Supplemental Plans...............
3
....................................................... 25
........................................................ 25
Section 3
Section 1
Section 2
RetireeMedical.............................................................................................. 25
ARTICLE NINE: HOLIDAYS
Holidays........................................................................................................ 27
In -Lieu Holidays............................................................................................ 28
ARTICLE TEN: VACATION
Section1: Vacation Leave............................................................................................... 29
Section 2: Vacation Accumulation.................................................................................... 29
Section 3: Scheduling of Vacation.................................................................................... 29
ARTICLE ELEVEN: SICK LEAVE
Section1: Sick Leave...................................................................................................... 31
Section2: Family Sick Leave............................................................................................ 32
ARTICLE TWELVE: LEAVE BENEFITS
Section1:
Jury Duty........................................................................................................
33
Section 2:
Military Leave of Absence...............................................................................
33
Section 3:
Bereavement Leave..........................................................................................
33
ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section1:
Provisions........................................................................................................
35
Section 2:
4/10 Work Schedule.........................................................................................
35
Section3:
DuPont Schedule..............................................................................................
35
Section4:
Standby Policy..................................................................................................
36
Section 5:
Performance Evaluations..................................................................................
37
ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
Grievance Procedure ....................................
0
.......................................................... 38
ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
DisciplineProcedure................................................................................................................. 40
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee....................................................................................... 44
SIGNATURE PAGE
Signatures............................................................................................................................. 45
5
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW)
PREAMBLE
This Memorandum of Understanding ("MOU") is entered into with reference to the following
facts:
A. Representatives of management for the City of Vernon (hereafter "City") and
representatives of the International Brotherhood of Electrical Workers, Local #
47 (hereafter "Union") have met on a number of occasions and have conferred in
good faith exchanging proposals concerning wages, hours, fringe benefits and
other terms and conditions of employment of employee/members represented by
the Union in the Utility Unit.
B. The management representatives and the representatives of the Union have
reached an understanding as to certain recommendations to be made to the City
Council for the City of Vernon and have agreed that the parties hereto will jointly
urge said Council to adopt one or more resolutions which will establish the
provisions regarding wages, hours, fringe benefits and other terms and conditions
of employment contained in these joint recommendations.
C. This MOU incorporates, contains and represents all of the terms and conditions
agreed upon by both parties as of July 1, 2014. Any previous
agreements/practices which are contrary to the language in this MOU shall be
null and void.
THEREFORE, the representatives of the City and the Union agree as follows:
The parties hereto have jointly recommended to the City Council of the City of Vernon that one or
more salary resolutions be adopted effectuating the following provisions related to salaries, fringe
benefits and other terms of employment for IBEW Union members. .
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the International Brotherhood of Electrical Workers, Local 47 ("Union") as
the certified majority representative of the employees, comprised of Addendum A, as the
exclusive representative of the employees for purposes of collective bargaining for all terms and
conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the Union shall discriminate against any individual, or
employee with respect to his/her compensation, terms, condition, or privileges of employment or
because of an individual's race, color, sex, religion, national origin, age, marital status, disability,
pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or
non -membership in the Union.
Section 3: No Strikes or Lockouts
Both the City and the Union recognize the continuing obligation to provide electrical and water
service to the City of Vernon. Accordingly, during the term of this agreement, the Union, its
officers, agents, representative and/or members agree they will not cause, condone or participate
in any strike, walk out, work stoppage, job action, slowdown or sickout, including compliance
with a request of other labor organizations to engage in any or all of the preceding activities.
During the term of this agreement, the City agrees it will not lockout employees represented by
the Union.
Section 4: City/Union Meetines
Representatives from the Union and the City shall meet as needed to discuss issues of mutual
concern.
Section 5: Union Business
A. Access to Facilities
Except as specifically identified in Section C below, all Union business will be conducted by
employees and Union representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or an employee from
contacting the Human Resources Director or other management representatives regarding
personnel related matters during work hours. The authorized Union Business Agent shall be given
access to work locations during working hours provided that prior to visiting any work location
the Union representative shall:
Obtain authorization for the visitfrom the Human Resources Director or designee. In the event
the requested time and/or location of such visit by the Union Business Agent is denied because it
would interfere with the operations of the department, the Human Resources Director or designee
shall consult with the Union Business Agent regarding availability and set an alternative time
and/or location for such visit within seventy-two (72) hours of the request.
The Union may schedule meetings in the City facilities at such times these facilities are not in use
by submitting a written request to the Human Resources Director or designee, which shall include
the date, time, and number of people expected. Approval will be granted in the same manner as it
is granted to other organizations.
B. Shop Stewards
The City agrees to recognize up to three (3) Stewards appointed by the Union. The Union shall
notify the City in writing of the names of each Steward.
C. Union Business
The Stewards shall be allowed release time during their regular work hours to conduct Union
related business as necessary provided it does not unreasonably interfere with the Stewards'
and/or employees' regular work duties. If a Steward must leave his/her work location to conduct
Union related business, he/she shall first obtain authorization from his/her supervisor to do so.
Authorization to leave will be granted unless such absence would be unreasonable. If such
authorization cannot be granted promptly, the Steward will be informed when time can be made
available. To the extent reasonable and compatible with City operational needs, such time will
not be more than forty-eight 48 hours, excluding scheduled days off and/or legal holidays, after
the time of the Steward's request unless otherwise mutually agreed upon. For purposes of this
section, "Union Business" shall include grievance investigations, meetings with management
called by management or the Steward, investigatory meetings where an employee has requested a
Steward, contract/MOU negotiations, meetings with Human Resources involving personnel or
labor relations matters, council meetings, health insurance committee meetings, and meetings of
any other committees established by the City that involve matters directly pertaining to the
bargaining unit with regard to said committees. Any Steward seeking leave time for Union
business for tasks not listed in this section shall obtain authorization from the Human Resources
Director or designee.
The City agrees to allow all employees of the bargaining unit paid release time to attend a Union
meeting on site at the City up to twice per year, up to one 1 hour per meeting.
The City agrees to provide a total of 3 days (up to 36 hours) of paid release time per year for
employees selected by the Union to attend a Union -sponsored Steward seminar or training located
0
in Southern California. The Union shall provide the City at least ten (10) calendar days prior
written notice of the request to release the selected employees for the seminar. Such request shall
include the date and start/end time of the seminar. City vehicles may be made available upon
request subject to availability and the City's vehicle use policy.
Release time as provided for in any of the above sections shall not result in the City incurring any
overtime.
Section 6: Management Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City
Code, and expressly and exclusively retains its management rights, which include, but are not
limited to:
■ The exclusive right to determine the mission of its constituent departments, commissions,
and boards;
■ Set standards and levels of service; and to expand or diminish services;
■ Determine the procedures and standards of selection of employment and promotions;
■ Direct its employees;
■ Establish and enforce dress and grooming standards;
■ Relieve its employees from duty because of lack of work or other lawful reasons subject to
the layoff procedure set forth in this memorandum of understanding;
■ Maintain the efficiency of government operations;
■ Determine the methods, means numbers, and kinds of personnel by which government
operations are to be conducted;
■ Determine the content and intent of job classifications;
■ Determine methods of financing;
■ Determine style and/or types of City issued wearing apparel, equipment, or technology to
be used;
■ Determine and/or change facilities, methods, technology, means, organizational structure,
size, and composition of the work by which the City operations are to be conducted;
■ Determine and change the number of locations and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the
right to contract for or subcontract any work or operations of the City subject to the
Contracting Provision set forth in this memorandum of understanding;
0
■ 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 upon reasonable
notice;
■ Establish and modify productivity and performance programs and standards;
■ Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees for cause in accordance with applicable laws and with the
provisions of this MOU, and in accordance with Article XV — Discipline Procedure.
■ Take all necessary actions to carry out its mission in emergencies; and
■ Exercise complete control and discretion over its organization and the technology of
performing its work.
The Union expressly and specifically agrees that except to the extent that the City's rights are
expressly limited by the terms of this Agreement, the Union waives any and all of its rights to
meet and confer on any of the City's rights; provided, however, that if the exercise of these rights
impacts wages, hours, or terms and conditions of employment, the City will meet and confer on
the effect of its actions. This will occur prior to implementation except in emergency
circumstances as defined in law. The agreement to meet and confer over the effect of the
exercising of a City right shall not in any way impair the right of the City to exercise and
implement any of its rights.
Section 7: Employee Riuhts
The City and Union mutually recognize and agree to fully protect the rights of all employees
covered by this MOU to join and participate in the activities of the Union and corresponding
rights of covered employees to refrain from joining and participating in the activities of the
Union. The City agrees that no employee shall be interfered with, intimated, restrained coerced or
discriminated against because of the exercise of these rights.
10
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Leeal Limitations and Savines Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall
not be affected thereby and shall remain in full force and effect.
The parties further agree to meet and confer for purposes of negotiating an alternative to
any provision declared invalid or unenforceable.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 2014, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2016, or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when
approved and adopted by the City Council.
Except as otherwise provided in Article IV, Section F, herein, the City and the Union agree
to submit proposals for any changes related to wages, benefits and/or other terms of and
conditions of employment affecting this Memorandum of Understanding between February 1,
2016 and March 1, 2016.
Section 3: Maintenance of Existine Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule
and overtime compensation are incorporated into this Memorandum of Understanding,
unless otherwise stated herein. In the event of a conflict between the Memorandum of
Understanding and an existing policy and/or practice, this Memorandum of
Understanding shall govern.
11
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of
the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act.
Section 5: Severability
In the event that a court finds any provision(s) of this Memorandum of Understanding to be
invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The
parties further agree to meet and confer for purposes of negotiating an alternative to any
provision declared invalid or unenforceable.
12
ARTICLE THREE
ORGANIZATIONAL SECURITY
Section 1: Organizational Securi
Upon the voluntary written authorization of bargaining unit employees, the City shall deduct and
remit to the Union the Unions initiation fee and periodic dues for members of the Union.
Any unit member who is not a member of the Union, or who does not make application for
membership within thirty (30) days following the effective date of this paragraph, or, for those
hired after the effective date of this paragraph, within thirty (30) days from the commencement of
duties, shall become a member of the Union or pay to the union a fee in an amount equal to the
Union's periodic dues: provided, however, that the unit member may authorize payroll deductions
for such fee in the same manner as provided in the paragraph above.
Dues withheld by the City shall be transmitted to the Union Officer designated in writing by the
Union as a person authorized to receive such funds, at the address specified.
The parties agree that the obligations herein are a condition of continued employment for unit
members. The parties further agree that the failure of any unit member to remain a member in
good standing of the Union or to pay the equivalent of Union dues during the term of this
agreement shall constitute, generally, just and reasonable cause for termination.
The City shall not be obligated to put into effect any new, changed or discontinued deduction until
a pay period commences fifteen (15) working days or more after such submission.
No unit member shall be required to join the Union or to make an agency fee payment if the unit
member is an actual verified member of a bona fide religion, body, or sect which has historically
held conscientious objections to joining or financially supporting employee organizations; this
exemption shall not be granted unless and until such unit member has verified the specific
circumstances. Such employee must, instead, arrange with the Union to satisfy his/her obligation
by donating the equivalent amount to a non -labor, non -religion charitable fund, tax exempt under
section 501(c)(3) of the Internal Revenue Code, chosen by the employee.
Whenever a unit member becomes delinquent in the payment of dues or fees, the Union shall give
the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of
said notice shall be forwarded to the Human Resources Department.. In the event the unit member
fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination
proceedings. The termination proceedings shall be governed by applicable state laws and are
specifically excluded from the Grievance/Appeal/Arbitration procedures.
The City shall not deduct money specifically earmarked for a PAC or other political activities
unless such deduction is affirmatively, separately and specifically authorized in writing by the
unit member.
The Union shall keep an adequate itemized record of its financial transactions and shall make
available annually to the City and, upon request, to the employees who are members of the unit,
within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form
of a balance sheet and an operating statement, certified as to accuracy by its president and
13
treasurer or principal officer, or by a certified public accountant. A copy of financial reports
required under the Labor -Management Disclosure Act of 1959, or Government Code section
3546.5, shall satisfy this requirement.
The Union will defend, indemnify and hold harmless the City of Vernon from any loss, claim,
liability or cause of action arising out of the operation of this article. Upon commencement of any
such legal action, the Union shall have the right to decide and determine litigation, settlement,
and/or appeal strategy. Any such decision on the part of the Union shall not compromise or
diminish the Union's indemnification obligations under this agreement.
The City, immediately upon receipt of notice of such legal action shall inform the Union of such
actions, provide the Union with all information, documents, and assistance necessary for the
Union's defense or settlement of such action and fully cooperate with the Union in providing all
necessary witnesses, experts and assistance necessary for such defense.
The Union, upon compromise or settlement of such action, shall immediately pay the parties to
such action all sums due under such settlement of compromise. The Union, upon final order and
judgment of a court or administrative body of competent jurisdiction awarding damages to any
prevailing party, shall pay to such party all sums owing under such order and judgment.
Section 2: Contracting Out Provision
The City and the Union share a common interest in maintaining the stability and the security of
the City's workforce. As such, the City agrees to notify the Union prior to any decision to
contract with an outside party if such contracting out will have a significant, long-term impact on
work performed by employees in classifications represented by the Union.
Such notification will be given before a decision to contract out is made, and the Union will have
an opportunity to comment prior to a determination by the City to enter into contracting
arrangements.
If such contracting out will result in potential layoff of any unit member(s), the City shall meet
and confer over the impact and effect such contracting out will have on the membership.
This provision shall not apply to contracts already established at the time this MOU is adopted.
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ARTICLE FOUR
COMPENSATION
Section 1: Salaries
A. Effective June 29, 2014, (the beginning of the pay period including July 1, 2014), each
employee represented in the IBEW Union shall be placed within the proposed grade and
step pay plan as a result of the City wide classification and compensation study based upon
the 75`h percentile (Attachment A), at the grade and step that is closest to but not less than
his/her current base salary.
B. Employees who are above the maximum recommended grade and step plan shall be Y-
rated and their respective salaries frozen during the term of this contract.
C. Effective the beginning of the pay period including January 1, 2015, employees
represented in the IBEW Union (excluding Y-rated employees, subject to the exception set
forth in subsection (E)) shall receive a 1.5% cost of living increase.
D. Effective the beginning of the pay period including July 1, 2015, employees represented in
the IBEW Union (excluding Y-rated employees, subject to the exception set forth in
subsection (E)) shall receive a 1.5% cost of living increase.
E. As of July 1, 2014, employees who are Y-rated at 4% or less above the maximum
recommended grade and step plan shall be eligible to receive the cost of living increases
set forth in in subsections (C) and (D) above.
F. The City and the Union agree to a reopener no later than April 1, 2015 regarding the
classification and compensation study of the Substation Technician classification pursuant
to the annual review process of the application and maintenance of the classification and
compensation plan.
Section 2: Merit Steus
Effective the beginning of the pay period containing July 1, 2015, employees who in the
discretion of the Director of Gas and Electric and in accordance with the City's Performance
Evaluation Policy, have attained one year of satisfactory service as of their immediately preceding
classification anniversary date shall receive a one-time 5% merit increase during the term of this
contract. Future salary increases to any said grade shall remain the sole discretion of the City
Council. The July 1, 2015 merit increase shall not alter the employee's actual classification
anniversary date. The 5% merit increase shall not exceed the maximum salary or step of the
pay grade. Future merit increases to any said grade shall remain at the sole discretion of the
City Council.
Section 3: Temnorary Upgrade Pay — Special Assignment
15
Employees assigned to the Electric Operations Group who in the discretion of the Department
Head or his/her designee, are authorized to assume the duties of a higher level position and who
are temporarily assigned by the Department Head or his/her designee to perform the duties of
said higher level position shall receive a temporary Utilities Systems Operation Premium
(USOP) increase of five percent (5%) after a total of three (3) hours worked in the higher
class within an assigned shift, retroactive to the first hour for those hours worked in the
higher classification. An employee will not be reassigned for the purpose of avoiding the
USOP within an assigned shift.
The department head shall post a list of employees who are determined to be qualified
for temporary upgrade. The list shall contain the title of each classification in which
the employee is deemed eligible to perform at the higher level position.
The employee shall have the option to decline the temporary upgrade.
Section 4: Bilinaual Pay
An employee may be eligible to be compensated for bilingual pay if his/her regular job duties as
described in his/her job description provide for interaction with the public on a regular basis.
Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in
Spanish may also be tested if necessary). Proficiency would be determined by successful
completion of a proficiency test administered by an agency or vendor approved by the Human
Resources Department. Those employees who successfully demonstrate this skill would be
eligible to receive an additional $125.00 per month for bilingual pay.
Section 5: Longevity Pay
A. Employees Hired on or Before June 30, 1994
Five (5)Years of Service
All eligible employees who have five (5) years of consecutive uninterrupted
service on or before July 1, 1986, shall receive an additional five percent (5%)per month of
their base salary effective July 1, 1986, and every year thereafter until reaching the next step.
Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to
said five percent (5%)per month upon said anniversary date.
Ten (10)Years of Service
All eligible employees who have ten (10) years of consecutive uninterrupted
service on or before July 1, 1987, shall receive an additional ten percent (10%)per month
of their base salary effective July 1, 1987, and every year thereafter until reaching the next
step. Employees upon reaching their loth anniversary date after July 1, 1987, shall be
entitled to said ten percent (10%)per month upon said anniversary date.
16
Fifteen (15)Years of Service
All eligible employees who have fifteen (15) years of consecutive
uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent
(151/o)per month of their base salary effective July 1, 1988, and every year thereafter until
reaching the next step. Employees upon reaching their 15th anniversary date after July 1,
1988, shall be entitled to said fifteen percent (15%)per month upon said anniversary date.
Twenty (20)Years of Service
All eligible employees who have twenty (20) years of consecutive
uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent
(20%) per month of their base salary effective July 1, 1989, and every year thereafter.
Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to
said twenty percent (20%)per month upon said anniversary
date.
B. Employees Employed OnorAfter July 1. 1994 and before December 31, 2013.
The longevity program described in this Section will apply to all employees employed on or
after July 1, 1994 and before December 31, 2013.
Five (5)Years of Service
All eligible employees who are employed on or after July 1, 1994 and before
December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall
receive an additional five percent (5%) per month of their base salary. Such employees upon
reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per
month upon said anniversary date. Further, such employees will not be entitled to receive any
additional percentage increase to their base salary for further service. This subsection shall
only apply to employees hired on or after July 1, 1994 and before December 31, 2013.
Section 6: Promotions
Upon promotion, employees will be placed at the step within the grade for the position which
results in at least a five percent (5) increase, except that such increase cannot extend beyond the
top step of the range. Please refer to Personnel Policy II-3, Salary Plan Administration for
specific terms and policy.
Section 7: Reclassification
In any case where a position is reclassified to a class with a salary grade having a higher
maximum salary rate, and the incumbent meets the minimum qualifications for the new class, and
17
is in fact performing the full range of duties and responsibilities of the new classification, the
incumbent shall be placed at the step within the new salary grade that is closest to his/her current
salary and that would provide a minimum of a 5% increase, not to exceed the maximum of the
grade. Consideration of the reclassification recommendation shall be based on competitive
conditions and the City's ability to pay and shall be subject to approval by the City Council.
Please refer to Personnel Policy Ii-2, Reclassification Plan for specific terms and policy.
18
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable.
Section 2: Overtime Compensation
Employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible
hours worked in excess of forty (40) hours in a single workweek. Time worked after four
consecutive overtime hours of the employee's regular shift, shall be paid at the double time rate.
Holidays (regular, in -lieu and floating), vacation time, compensatory time, paid jury duty leave,
and bereavement leave shall count as time worked for the purposes of computing overtime. Sick
leave, union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall not
count as time worked for the purpose of computing overtime.
Section 3: Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked.
Accrual of compensatory time shall be limited at any point in time to a maximum of sixty (60)
normal working hours. Compensatory time shall be calculated by multiplying the number of
overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate.
A. Planned overtime shall be compensated as mutually agreed upon in advance by employee
and employer.
B. Scheduling of compensatory time requires prior management approval and must be
preceded by a ten (10) day notice of intended use from the employee. Management may
waive the ten (10) day notice in cases of emergency. Compensatory time off may be
taken only in 15 minute increments. The ten (10) day notice requirement shall not apply
to attendance at funerals; the employee will notify management as soon as the need to be
absent for a funeral is known.
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Section 4: Call Backs
Emergency call back duty occurs when an employee is requested to report to duty on a non -
regularly scheduled work shift. Emergency call back policy is applicable when an employee is
requested to return to work after the employee's work day is completed and/or prior to when the
employee is scheduled to begin his/her shift. Emergency call back does not occur when an
employee is held over from his/her prior shift or is working planned overtime.
An employee called back to duty shall be credited with a minimum of four hours of work at the
applicable overtime rate. Any hours worked in excess of four hours shall be credited for actual
time worked at the applicable rate. During emergency call back, any paid sick leave hours taken
during that week shall be counted as hours worked for the purpose of computing overtime.
If the employee is called back to duty, his/her work time shall be credited commencing when the
employee reports to work and shall conclude when the employee leaves work.
Off
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniforms
The City shall provide uniforms in accordance with departmental policy to all personnel who are
required to wear uniforms while on duty.
Uniforms issued by the City are considered as compensation and the value of such is reported to
the Public Employees' Retirement System annually as special compensation.
Section 2: Safety Boot/Shoe Allowance
The City will provide a safety boot/shoe allowance of $150.00 payable in January of each year of
the contract for those employees required to wear safety boots/shoes. The boots/shoes purchased
must be appropriate to the employee's job classification and must meet applicable CAL -OSHA
regulations and City/Departmental policies.
Employees receiving the boot/shoe allowance are required to wear the prescribed boots/shoes at
all times while on duty. Employees must maintain boots/shoes in proper condition to ensure
employee safety. The City reserves the right to determine,if the boot or shoe is appropriate to job
classification in conformance with applicable CAL -OSHA regulations and City/Departmental
policies.
21
ARTICLE SEVEN
HEALTH AND WELFARE BENEFITS
Section 1: Medical
The City offers various medical plans to employees. The City reserves the right to select,
administer, or fund any fringe benefit programs involving insurance that now exist or may exist in
the future.
The City shall meet with the Union prior to any change of insurance carrier or method funding
coverage for any fringe benefits listed in this article.
Section 2: Cafeteria Plan
The City and Union agree to a section 125 cafeteria plan (non-cashout), for this bargaining unit
effective January 1, 2015. The City will adhere to the cafeteria plan requirements in accordance
with IRS Section 125 regulations. The City shall provide to each employee in this bargaining
unit a monthly allowance toward the cost of his/her medical plan as outlined in Subsection A
through C below. In the event an employee does not exhaust nor exceed his/her monthly
medical allowance, the employee shall be allowed to apply any unused portion towards the
purchase of dental, vision, supplemental or ancillary plans offered through the City and
approved by the Director of Human Resources.
A. For employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City
shall pay up to $1,050 per month of the cost of the plan for employees and eligible
dependents. The cost of any plan selected by the employee that exceeds $1,050 shall be
paid by the employee through a pre-tax payroll deduction.
B. Effective January 1, 2015 the City shall provide the Union an additional lump sum
employer health benefit contribution in the amount of $56,500 to be applied toward
monthly employee allowances during calendar year 2015 and 2016 only.
1. For calendar year 2015, employees enrolled in an Employee plus Spouse, or
Employee plus Children tiered plan shall receive an additional employer
contribution of $50.00 per month.
2. For calendar year 2015, employees enrolled in an Employee plus Family tiered
plan shall receive an additional employer contribution of $100.00 per month.
3. For calendar year 2016, prior to the City's open enrollment period for the 2016
calendar year medical plans, the City shall identify the portion of the $56,500 lump
040)
sum contribution unused as of December 31, 2015, and shall increase or decrease
the additional employer contribution amounts specified in Subsections 1 and 2
above accordingly.
C. For Employees enrolled in the PPO/HSA plan, the City shall pay up to 100% of the
monthly cost of the plan for employees and eligible dependents, not to exceed $800 per
month. In addition, for each employee enrolled in a PPO/HSA plan, annually the City shall
make lump sum contributions to a health savings account (HSA) as follows: $1,500 in
January, and $500 each in March, June and September. The cost of any PPO/HSA plan
selected by the employee that exceeds $800 shall be paid by the employee through a pre-
tax payroll deduction.
Section 3: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee
does not exceed his/her monthly employer medical allowance, the employee shall be allowed to
apply any unused portion toward the purchase of dental insurance for himself/herself and
eligible dependents. The cost of any plan selected by the employee that exceeds his/her
monthly employer medical allowance shall be paid by the employee through a pre-tax payroll
deduction.
Section 4: Vision
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost
of such a plan for employees only. Employees shall have the option of purchasing vision care for
their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. In
the event an employee does not exceed their monthly employer medical allowance, the
employee shall be allowed to apply any unused portion towards the purchase of additional
provided coverage for vision care.
Section 5: Life Insurance
The City provides a $20,000 life insurance plan to employees. The City shall pay 100% of the
cost of such plan for employees. The City's agreement to pay full or partial costs of said
premiums shall not create or ripen into a vested right for said employee. In the event an
employee does not exceed his/her monthly employer medical allowance, the employee shall be
allowed to apply any unused portion towards the purchase of additional provided coverage for
supplemental life insurance.
Section 6: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
23
Section 7: Other City Employee Programs
Employees are eligible to participate in all City sponsored programs adopted by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to the
following:
• Computer loan purchase plan
• Corrective eye surgery plan
• Flexible Spending Plan
• Hearing aid devise plan
• Tuition reimbursement plan
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ARTICLE EIGHT
RETIREMENT
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides IBEW employees with 2.7% at 55 PERS retirement benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Act(PEPRA), new
Ca1PERS members hired on or after January 1, 2013 who meet the definition of new member under
PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan.
IBEW members shall be responsible for paying 100% of their PERS employee's contributions.
The City and Union agree to a reopener to discuss the impacts and effects if the applicable laws
concerning PERS are amended during the term of this contract.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to IBEW
employees under PERS as follows:
• Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation
• New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Average Final Compensation
• Gov't Code Section: 21024 - Military Service Credit as Public Service
• Gov't Code Section: 21548 — Pre -Retirement Option 2W Death Benefit
• Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits
Section 3: Retiree Medical
A. The City will pay up to the amount equivalent to the then current, lowest cost,
employee only HMO insurance premium for the City's medical and/or dental insurance
premium(s) for all full-time regular employees w h o r e t i r e a t a g e s i x t y ( 6 0)
o r I a t e r, with at least twenty (20) years of continuous uninterrupted service. Retired
employees will be permitted to enroll in a higher -cost plan and pay the amount in excess
of the HMO equivalent.
B. All full-time regular employees with at least thirty (30) years of continuous
uninterrupted service who retire before the age of sixty (60) years will be permitted to
pay their medical and/or dental insurance premiums, and, upon reaching the age of
25
sixty (60), the City will pay up to the amount equivalent to the then current lowest
cost, employee only HMO medical and/or dental insurance premium(s).
C. All full-time regular employees, who retire with aminimum often (10)years
of continuous uninterrupted service with the City may pay the premium(s) for medical
and/or dental insurance.
D. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B,
and C above, shall be for retired employees only and shall not include their spouses or other
dependents.
E. All retired employees who receive medical and/or dental insurance benefits pursuant to
subsections A, B, or C above and who reach the age of sixty-five (65), are required to be
enrolled in Medicare, and shall show proof of such enrollment, where upon the City's
insurance policy will become supplemental coverage, if applicable.
F. The City's obligation to make any payment under the retiree medical benefits program shall
automatically terminate and cease upon the death of the retired employee.
G. The offer of the retiree medical benefits is not a vested right for future years.
W
ARTICLE NINE
HOLIDAYS
Section 1: Holidays
A. All full-time employees, excluding employees assigned to the 12-hour rotating shift (Dupont
Schedule) or any Resource Scheduler on the Tuesday through Friday schedule , shall be
provided with the following holidays with pay subject to the provisions below.
1. Janua7 1 A - New Year's Day
2. The 3` Monday in January — Martin Luther King, Jr. Day
3. The 3`d Monday in February — Presidents Day
4. March 315` — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 41h — Independence Day
7. The first Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November 11 `h — Veterans Day
10. The 4`h Thursday in November — Thanksgiving Day
11. December 24`h — Christmas Eve
12. December 25`h — Christmas Day
13. December 3 1 " — New Year's Eve
14. Such other days as may be designated as holidays by the City Council
of the City of Vernon
B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the
holiday. Holidays falling on a Friday or Saturday, shall not be granted as an authorized
holiday to employees.
C. Temporary, and part-time employees are not eligible for paid holidays.
D. An employee whose regular 4/10 shift assignment falls on an authorized holiday and who is
required to work on that day shall be paid at his/her regular hourly rate of pay for the
holiday, plus 2X (two times) his/her regular hourly rate of pay for the actual hours he/she
was required to work on the authorized holiday.
E. If New Year's Day or Christmas Day falls on a Friday or Saturday, and the 4/10 employee is
required to work on that day, he/she shall not receive holiday pay (as set forth in subsection
B above), but shall be paid 2X (two times) his/her regular hourly rate of pay for the actual
hours he/she was required to work on that day.
F. Employees assigned to the 12—hour DuPont Schedule and the Tuesday through Friday
Resource Scheduler schedule shall not be eligible for Holiday pay, but shall instead receive
forty-eight (48) hours of In -Lieu Holiday time subject to the provisions below.
27
Section 2: In -Lieu Holiday Time
A. An employee regularly assigned to the 12-hour rotating shift (DuPont Schedule) whose
duties are such that he/she does not receive the benefits of regular legal holidays, shall be
granted 48-hours of In -Lieu Holiday time effective July ls` of each fiscal year.
B. An employee regularly assigned to the classification of Resource Scheduler whose regular
work schedule of Tuesday through Friday is such that he/she shall not receive the benefits of
regular legal holidays of the City of Vernon shall be granted 120-hours of In -Lieu Holiday
time effective July I" of each calendar year.
C. Such In -Lieu Holiday time shall only be granted so long as said employee is on the active
payroll of the Department.
D. In -Lieu Holidays must be taken prior to June 30th of the fiscal year in which they are
provided. Holidays may be taken as days off on dates desired by the employee subject to the
approval of the Department Head or designee.
E. Such In -Lieu Holidays not taken within the prescribed timeline, shall not be paid for unless
the employee was continuously denied the opportunity to utilize them during the fiscal year
for which such In -Lieu Holidays were granted. In that case only, the employee shall be paid
for said In -Lieu Holidays not taken with his or her first payroll check on or after June 30th of
the year in which the in -lieu holidays were granted, at his or her then regularly hourly rate of
pay, excluding all other compensation computed in accordance with the applicable salary.
F. An employee who resigns, retires, transfers into a 4/10 work schedule or is terminated shall
not be entitled to any compensation for In -Lieu Holidays not taken unless previously denied.
ED
ARTICLE TEN
MTOF.11 Y WO
Section 1: Vacation Leave
All full-time employees shall accrue vacation according to the following schedule:
4/10 Schedule:
Continuous Years of Service
1 St year thru 4`h year
5`h�year thru. 9`h year
10 year thru 14`h year
15`h year thru 24`h year
25`h year and more
Vacation Hours Earned
80
100
120
160
190
12-Hour Rotation Shift (DuPont Schedule):
1 St Zear thru 9`h year 120
10` year thru 14`h year 160
Bi-Weekly Accrual
3.08
3.85
4.62
6.16
7.31
4.62
6.16
15`h year and more 160 + one week's equivalent 6.16
salary on anniversary date and
each anniversary date thereafter.
Section 2: Vacation Accumulation
A. Accumulation and carry-over of vacation leave shall be limited to a maximum of the number
of hours the employee was eligible to accrue during the immediately preceding year. In or
about January of each year, employees shall be compensated for unused accrued vacation
benefit in excess of the allowed accumulated amount referenced above.
B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of
absence or non -work related disability leave.
C. In the event one or more City holidays fall within a vacation period, such holidays shall not
be charged as vacation leave.
D. Upon separation from City employment, compensation shall be paid for vacation leave
which has been earned but not taken.
Section 3: Scheduling of Vacation
A. Vacation leave shall be scheduled with the approval of the Department Director or his or her
designee by submitting a Leave Request Form in writing, within ten business days before
the beginning of the vacation. Vacation leave requests for extended times (3 weeks or
29
more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in
advance of the beginning of the vacation. Vacations shall be approved subject to the needs
of the department. The employee's seniority and wishes will be factors that are considered
during the scheduling process. Non -earned vacation leave shall not be allowed.
B. Vacation leave requests shall not be in excess of such leave actually earned at the time it is
requested or in excess of the regular scheduled workweek.
30
ARTICLE ELEVEN
SICK LEAVE
Section 1: Sick Leave
Employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick
leave hours per pay period. If the employee works, or is on regular paid status, less than a full
year, the hours of sick leave will accrue on a pro rata basis. Employee shall only receive sick
leave accrual while they are in a paid status.
A. The City shall allow annual carry-over of sick leave hours up to a maximum accrual cap of
960 hours. This bank of carry-over would provide a cushion for longer -term illnesses and
injuries.
B. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any
sick leave hours exceeding 960 will be compensated for at the end of the year at 50% of the
employee's hourly rate.
C. Sick leave shall be allowed only for actual illness or injury not arising out of and in the
course of employment. If sick leave on account of illness or injury exceeds two (2) working
days, the employee, prior to returning to work, shall submit a statement from a physician
certifying that the employee's physical condition prevented the employee from performing
the duties of said employee's position during the period of absence. All sick leave shall be
approved by the department head. Notwithstanding the above, the City may require
verification of sick leave use whenever it has reason to believe there is misuse, abuse or a
pattern of abuse.
D. Except as hereinafter provided, upon retirement or disability retirement pursuant to City
Council approval, or under the State Employees' Retirement System or pursuant to the
provisions of any applicable agreement between the City and a state retirement system, or
upon death, accumulated and unused sick leave credit shall be paid on the following basis:
a. Employees employed for a continuous period of five (5) years or more, but less
than ten (10) years, immediately preceding said retirement or disability
retirement shall receive payment comparable to twenty-five percent (251/o) of
accumulated and unused sick leave. Upon the death of such person so
employed for said continuous period immediately preceding said employee's
death, the estate or beneficiary of the deceased shall receive said payment.
b. Employees employed for a continuous period of ten (10) years or more
immediately preceding said retirement or disability retirement shall receive
payment comparable to fifty percent (50%) of accumulated and unused sick
leave. Upon the death of such person so employed for said continuous period
immediately preceding his death, the estate or beneficiary of the deceased shall
receive said payment.
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Section 2: Family Sick Leave (Kin Care)
Employees may use in any calendar year the employee's accrued and available sick leave
entitlement, in an amount not more than the sick leave that would be accrued during six months at
the employee's then current rate of entitlement, for qualifying family illness as follows: Sick
leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of,
or mother or father of, the employee living within the same household. In the case of joint
custody of a child, illness of the child occurring at the other custodial parent's house may also
qualify. All family sick leave shall be approved by the department head and a statement
establishing the need for sick leave from a physician may be required as a condition of payment
while on such leave.
32
ARTICLE TWELVE
LEAVE BENEFITS
Section 1: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury
Duty Pay" and there shall be no loss of compensation. An employee will be compensated
up to two weeks at full pay for jury duty. The employee must provide notice of the expected
jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar
days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called
in for jury duty does not have to report to work before or after appearing in court. All
employees shall obtain verification of the hours of jury duty performed using verification
forms as may be supplied by the court.
C. Except as herein provided, employees shall remit to the City any compensation received for
those days while on jury duty and shall receive regular pay for the time served. Employees
shall be reimbursed by the City for the mileage portion of the jury duty compensation.. Jury
duty performed on an employee's regular day off shall not be compensated by the City and
the employee shall be entitled only to the jury's compensation for duty performed on such
employee's regular day off. Employees assigned to jury duty on a City authorized holiday
will be considered to have taken such a holiday and will receive regular holiday pay, but the
employee shall be entitled to the jury compensation for duty performed on such holiday.
D. For those employees working graveyard and swing shift, or other shifts starting at an early
and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.); Management shall reschedule the employee to
a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday.
This temporary reassignment shall be only for the duration of the jury duty. Reassignment of
duties may also be made so that the employee may have more productive time prior to, and
following release from, jury duty.
Section 2: Military Leave of Absence
Military leave shall be granted in accordance with the provisions of applicable federal and state
law. Every employee entitled to receive the benefits of military leave shall give his/her
Department Director the opportunity, within the limits of the law and military necessity, to
determine when such leave shall be taken.
Section 3: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death or if
death appears imminent, of any "immediate family member" as defined below including the
equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4)
work days (40 or 48 hours, based upon the employee's regular work schedule) of bereavement
leave without loss of salary.
33
Relative
All Regular Employees
Spouse
4 work days
Child
4 work days
Registered Domestic
Partner
4 work days
Step -Child
4 work days
Parent
4 work days
Step -Parent
4 work days
Mother-in-law
4 work days
Father-in-law
4 work days
Grandchild
4 work days
.Step -Grandchild
4 work days
Grandparent
4 work days
Grandparent -in-law
4 work days
Brother
4 work days
Sister
4 work days
Step -Sister
4 work days
Step -Brother
4 work days
Daughter-in-law
4 work days
Son-in-law
4 work days
Brother-in-law
*See below
Sister-in-law
*See below
The equivalent of four (4) work days will be provided for the death of a brother-in-law or sister-in-law of the
employee or sibling of the employee's spouse.
Bereavement leave is paid over a maximum of seven (7) work days and is paid in thirty minute
increments. The bereavement leave begins on the first regularly scheduled workday as requested
by the employee. If the employee learns of the death while at work, he or she is entitled to leave
work immediately; this partial day leave will not be counted towards the bereavement leave.
Bereavement leave must be authorized by the Department Director and must be utilized within 15
days of employee learning of the death, or of the date of foreseen imminent death of the
immediate family member, unless special circumstances require that the leave begin at a later
date. Such requests to the Department Director shall be made within 15 days of the employee
learning of the death or of the date of foreseen imminent death and shall not be unreasonably
denied.
34
ARTICLE THIRTEEN
WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions
The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59
p.m. except as modified by management. In the event the City needs to adjust nay work schedule, the
city agrees that no such modification will be conducted without first notifying the effected employees
a minimum of 10 days prior to the change unless agreed to by the effected employee(s) and the
Director of Gas & Electric or designee.
Section 2: 4/10 Work Schedule
The City agrees to continue the 4/10 work schedule for employees assigned to work between
Monday — Friday shifts.
Section 3: DuPont Schedule
The DuPont rotating shift plan provides 24/7 coverage of critical operational positions. This type
of schedule has been utilized successfully in several United States industries in order to enhance
workplace safety, provide additional rest for staff, decrease calls backs and allow for more shift
coverage. 24-hour operation staff shall work a twelve hour shift.
The DuPont schedule consists of 4 two -person crews rotating in 12 hour shifts day and
night to provide 24/7 coverage.
The DuPont schedule consists of a 4-week cycle during which where each team works as
follows:
• 4 consecutive night shifts, followed by 3 consecutive days off duty;
• 3 consecutive day shifts, followed by 1 day off duty;
• 3 consecutive night shifts, followed by 3 consecutive days off duty;
• 4 consecutive day shifts, followed by 7 consecutive days off duty.
• Day 1 typically begins on a Monday but it can be any day of the week. At the end of the
cycle, the entire sequence starts over.
• Crews are able to review schedules in advance for planning.
Vernon Gas & Electric Utilities Dispatchers & Electric Operators are assigned to these
shifts.
al
Section 4: Standby Policy
Stand-by time is that period of time other than the employee's regularly scheduled working hours
when an employee, at the direction of his/her Department Head, is on standby duty.
The Department Head shall post a list of employees who are determined to be qualified to
perform stand -by -duty. The list shall contain the title of each classification in which the
employee is deemed eligible to perform stand-by duty. The stand-by duty and period shall be
defined by the Department Head. The stand-by list will be made available 72 hours, or as
soon as practical, prior to the start of stand-by.
4/10 Schedule
The stand-by rotation list for employees working the 4/10 work schedule will first be filled
through volunteers from the respective classification, and then from volunteers from other
classifications who are deemed eligible for stand-by in that classification. If there are no
volunteers available, employees shall be involuntarily placed on stand-by status pursuant to a
rotational plan within the respective classification from the list of employees qualified to perform
stand-by duties.
DuPont Schedule
The stand-by rotation list for employees working under the DuPont Schedule will be filled
through a mandatory rotation list during the employees' 3 or 4-day off -cycle. Unless it is
determined an emergency or voluntary basis, it is not the City's intent to place employees on
stand-by during their scheduled 7-day off cycle under the DuPont Schedule.
Stand-by duty employees are free to engage in personal business and activities. However, in
order to be eligible for stand-by duty and pay, employees must:
A. Be ready to respond immediately.
B. Be reachable by City -issued cell phone.
C. Be able to report to work within one (1) hour of notification.
D. Refrain from activities that might impair their ability to perform assigned
duties. This includes, but is not limited to, abstaining from the
consumption of any alcoholic beverage and the use of any illegal drug or
incapacitating medication.
E. Respond to any call back during the assigned standby duty.
Employees on stand-by shall receive two (2) hours of regular straight time
compensation for each day that the employee is assigned stand-by.
On City recognized Holidays, employees on stand-by will be compensated four (4) hours of
straight time compensation.
An employee assigned to stand-by who is not available to report may be subject to
M
appropriate disciplinary action, unless he/she provides sufficient notice to his/her immediate
supervisor of incapacity to respond prior to the call back so that appropriate arrangements can
be made so that the stand-by duty is covered.
Section 5: Performance Evaluations
It is agreed that an employee is not required to sign his/her. Performance Evaluation when first
presented with it. The employee's signature is an acknowledgment that the performance appraisal
was discussed. The signature does not necessarily mean that the employee agrees with evaluation
content. If there is a refusal to sign a performance evaluation, the supervisor shall note on the
performance evaluation the refusal of the employee to sign. The employee may enter remarks in
the space provided or attach a separate written response specific to the evaluation within ten
calendar days of the employee's receipt of the Performance Evaluation. An employee shall
receive a copy of the performance evaluation and the department may place a copy in an internal
file. Please refer to Personnel Policy IV-1, Performance Evaluations for detailed procedures and
policy.
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ARTICLE FOURTEEN
GRIEVANCE PROCEDURE
Definition
A grievance shall be defined as an allegation by an employee or the Union of misinterpretation,
misapplication or violation of a particular provision of this MOU, City policy, rule or past
practice.
Days
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Step One - Immediate Supervisor
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance
procedure by explaining the situation orally or in writing to the immediate supervisor of the
affected employee(s). The Union and/or employee(s) waives the right to proceed with the
grievance if the grievant does not initiate the procedure by this deadline. After the presentation of
the grievance to the supervisor, the supervisor shall make a decision and present his/her decision,
in writing, to the Union and employee(s) within five (5) days.
Step Two - Department Head
If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the
grievant shall present the grievance, in writing, to the Department Director within five (5) days of
the decision of the immediate supervisor. The Union and/or employee(s) waives the right to
proceed with the grievance if the grievant(s) does not act by this deadline. Within five (5) days,
the Department Director, or the designee of the Department Director, shall meet with the Union or
employee(s) to hear the grievance. Within five (5) days of hearing the grievance, the Department
Director or designee shall present his/her decision, in writing, to the Union and employee(s) with
copies to the Human Resource Director and the City Administrator.
Step Three — City Administrator/Advisory Arbitration
If the Union or employee(s) is not satisfied with the result of the meeting with the Department
Director, the grievant may request that the matter be heard by the City Administrator or designee,
or the Union may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet
with the Union and/or employee(s) within eight (8) days of receipt of the grievant's written
notice. If the Union and/or employee(s) elects to have the matter heard by the City Administrator
or designee, the Union and/or employee(s) waives the right to have the matter heard by an
arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide
his/her decision, in writing, to the Union and employee(s). The decision of the City Administrator
38
shall be final and binding.
If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union
and the City. A court reporter shall be retained only by mutual consent of the parties. The costs
of the arbitration, including the court reporter, shall be divided in half (i.e. 50150) by the parties.
Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid
by the party that incurred the cost.
If the Union elects arbitration, the City shall request a list of seven (7) arbitrators registered with
the American Arbitration Association, California State Conciliation Service or some other
mutually agreed upon source within ten (10) days of the Union's request. Upon receipt of the list,
the parties shall alternately strike names from the list until a final name is selected as the hearing
officer, with the Union striking first. The selected arbitrator shall serve as the hearing officer. All
arbitration proceedings arising under the Grievance procedure shall be governed by the provisions
of Title 9, Part 3, of the Code of Civil Procedure of the State of California.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall
provide his/her decision, in writing, to the Union and employee(s). The recommendation of an
arbitrator shall be advisory to the City Administrator or designee. The decision of the City
Administrator shall be final and binding.
In the event the City Administrator does not adopt the arbitrator's recommendation, the City shall
bear the full cost of the arbitrator's fee. Attorney fees, staff time and witness fees are excluded
and shall be paid by the party that incurred the cost.
All time limits specified in the procedure may be waived by mutual written agreement.
M
ARTICLE FIFTEEN
DISCIPLINE PROCEDURE
Definition
Types of discipline include the following: suspension, demotion, reduction in pay or dismissal.
For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary
demotions, and performance evaluations are not classified as discipline.
The purpose of disciplinary actions are not intended to be punitive, but are defined as actions by
management directed to the modification or cessation of employee conduct which is contrary to
the best interests of the City and the public service.
Disciplinary Actions
The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary
action, which shall be commensurate with the seriousness of the offense and with consideration of
the employee's work history file. Progressive discipline will be used; however, this does not
preclude the City from taking disciplinary action, up to and including termination, for an incident
for which there is no prior documentation as long as the disciplinary action is warranted and is
based on just cause.
The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or
his/her designee shall advise employees of contemplated disciplinary actions in writing and allow
the employee an opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file.
Performance deficiencies documented in the employee's performance evaluation as "does not
meet standards" may be the basis for disciplinary action if the employee fails to correct those
performance deficiencies within the time period designated by his/her supervisor. To the extent
possible, performance deficiencies or other causes for discipline will be documented in the
employee's personnel file.
Upon the City receiving authorization from the employee, the City will provide the Union with all
written notices of discipline given to employees represented by Union. The written notice of
discipline will also inform the employee that he/she has the right to consult with the Union with
regard to the disciplinary action being taken.
Disciplinary Procedure
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice
shall include the proposed effective date of the discipline, a statement of the reason(s) for the
proposed action, including the rule or standard of conduct allegedly violated, the proposed
discipline and the charge(s) being considered.
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinary action is based.
Employee Remonse/Pre-DisciMinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right
to respond orally, in writing or both orally and in writing. The employee will be provided a
reasonable period of time to respond, which shall be no sooner than five (5) days after the notice
of proposed action is provided, or additional time as may be reasonable. This represents the pre -
disciplinary opportunity for the employee to state any reasons that he/she believes the proposed
action to be inappropriate. The date the employee is scheduled to respond may be adjusted by
mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to
respond. Any response will be fully considered before any final action is decided upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the
right to have a representative of his or her own choosing at the conference. The City may conduct
further investigation if the employee's version of the facts or new information raises doubts as to
the accuracy of the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of
the final disciplinary action shall be given to the employee. Such notice shall include essentially
the same information contained in the notice of proposed action, except that the employee's
formal appeal rights shall be stated.
Emergencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended without pay for up to three (3) days pending the processing of the written notice of
proposed action as required in this article or may be suspended with pay pending the completion
of such investigations or hearings as may be required to determine if disciplinary action is to be
taken. If the charges and/or allegations are not sustained, the employee suspended without pay
shall be entitled to reinstatement with full back pay and benefits. All back pay awards related to
suspension, demotions and discharges shall include interest as set by Civil Code § § 3287 et. seq..
41
Auueal Procedures
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any termination,
suspension of thirty (30) hours or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to newly hired probationary employees. The appeal process
shall not be applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed
notice of discipline. The employee's request for appeal must be addressed to the City
Administrator and received in the Human Resources Division. The Human Resources Division
shall date stamp the employee's appeal to verify the timeliness of the appeal.
If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for
the failure is shown, the discipline shall be considered conclusive and shall take effect as
prescribed. If the employee files a timely appeal, an arbitration appeal hearing shall be
established as follows:
1. The employee shall file a written request with the Human Resources Division for
arbitration to the City Administrator or designee. The City and Union will share equally
share (i.e. 50150) the arbitration -related expenses, excluding attorney fees, expert
witness(es) and staff time.
2. The City shall request a list of seven (7) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. Unless the parties agree to another
method of selecting an arbitrator, the parties shall alternately strike one name from the
list, with the employee striking first, until one name remains as the arbitrator.
3. The selected arbitrator shall serve as the hearing officer.
4. All time limits specified in the procedure may be waived by mutual written agreement.
5. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and
the employee. The opinion shall set forth findings of fact and conclusions. The decision
of the Arbitrator will become final unless the City or the employee/union elects to pursue
judicial review under CCP § 1094.5.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of
major discipline. The appeal process shall not apply to probationary employees.
42
If the problem cannot be resolved between the employee and the supervisor, the employee may,
within ten (10) days from receiving notice of the proposed discipline, request and be granted an
interview with the Department Director or his/her designee in order to discuss the appeal.
The Department Director or designee shall render his/her decision in writing within fifteen (15)
days of receiving the appeal. If the Department Director and employee are unable to arrive at a
satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by
the Department Director, submit a written appeal to the City Administrator or designee. The City
Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City
Administrator or designee shall render his/her judgment as soon after the conclusion of the
hearing as possible and in no event later than thirty (30) days after conducting the hearing.
His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The
opinion shall set forth findings of fact and conclusions. The decision of the City Administrator
shall be final.
43
ARTICLE SIXTEEN
JOINT LABOR MANAGEMENT COMMITTEE
The City and the Union will maintain a Joint Labor .Management (JLM) Committee
comprised of at least eight (8) members. The City's team shall consist of representatives
from the City Administrator's office, the Human Resources Department and the Gas and
Electric Department. The Union shall provide four (4) members to sit on its committee, at
least two of which must be employees of the City. Additional department and employee
representatives may participate on the Committee to deal with departmental matters which
may be addressed. This committee shall meet at least semi-annually to discuss matters of
concern to both management and the Union and a written summary of each meeting shall
be prepared by the City. The committee shall be authorized to schedule meetings more
frequently than the semi-annual ones required herein in order to expeditiously respond to
concerns properly before the committee.
2. The JLM shall be utilized to allow the parties to discuss matters affecting the workplace
environment.
The JLM shall not be a means for participating in the meet and confer process as provided
for by Government Code Sections 3500 et. Seq. The JLM's meetings shall not be "Meet
and Confer" sessions as that term is used in Government Code Sections 3500 et. seq.
4. JLM consideration of proposed changes in terms and conditions of employment shall not
occur and is not a condition precedent to the exercise by the City of its rights.
SIGNATURE PAGE
CITY OF VERNON
Mark Whitworth
City Administrator / "MERR"
Teresa McAllister
Director of Human Resources
Kristen Enomoto
Deputy City Administrator
Alex Kung
Economic Development Manager
APPROVED AS TO FORM:
Zaynah Moussa, Deputy City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
IBEW LOCAL 47
Pat Lavin
Business Manager/Financial Secretary
Stan Stosel
Senior Assistant Business Manager
John Baca
IBEW Business Representative
Willie Carram
Committee Member
Jorrie Estrada
Committee Member
Michael Hendrickson
Committee Member
Dated:
Ana Barcia, Deputy City Clerk
45
TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 13, 2014
TO: Teresa McAllister, Director of Human Resources touncil
FROM: Deborah Juarez, Records Management AssistantRE: Resolution No. 2014-45 — A Resolution of the City of the City of Vernon
Approving the Memorandum of Understanding by and Between the City of Vernon and the
International Brotherhood of Electrical Workers Local 47 for the Period of July 1, 2014
Through June 30, 2016
Please find attached for your file a copy of the above referenced resolution which was approved by City
Council on July 15, 2014, and six fully executed original signature pages for your transmittal to the
appropriate parties. The City Clerk's Office has retained an original for the file.
Please ensure that a copy of the transmittal correspondence is sent to my attention.
Thank you.
Attachments
c: Resolution No. 2014-45
Agreement No. 14-062
FULLY EXECUTED AGREEMENT
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: International Brotherhood of Electrical Workers Local 47 (IBEW)
CONTRACT PURPOSE: Memorandum of Understanding July 2014 — June 30, 2016
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) /�y )
❑ SERVICES 0 MATERIALS 0 BUDGETED 0 NOT BUDGETED �29
TOTAL CONTRACT VALUE: $
Charge Acct. No(s) _
Amendment Value $ AJ/PF ❑ Contract is an Amendment to Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSO ONE: ext.
AUTHORIZATION: Appr ed by Council on Jr' I
(Check One) Resolution No. (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials DW�7
t
(1) Responsible Department Person /Checks substance of contract and assembles two (2) copies of
contract, insurance & bond documents, certifies compliance
with Competitive Bidding and Purchasing Ordinance
(2) Liability and Claims
Approves insurance and sureties, if bonds required
(3) Finance (Purchasing)
Checks compliance with Competitive Bidding &Living Wage Ordinances
and reflected in current budget
(4) City Attorney
Approves contract as to form, verifies bonds and insurance included
�•
PI
(5) City Signatory
Signs all copies on behalf of City
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and
transmits duplicate original to contractor, notifies IT to remove related RFP/bid
notice, notifies any "consultant' of duties to file Form 700, if applicable
Rev. 1127/14
SIGNATURE PAGE
CITY OF VERNON
MarVWhitworth
Cit Administrator / "MERR"
Teresa McAllister
Director of Human Resources
Ili en�nOmoto
Deputy City Administrator
:XL1 --
Alex Kurij
Economic Development Manager
APPROVED AS TO FORM:
Zay i 1' oussa, Deputy City Attorney
IBEW LOCAL 47
Pat Lavin
Business Manager/Financial Secretary
Stan St el
Senior Assistant Business Manager
Baca
IBEW Business Representative
Willie Carram
Committee Member
rie Estrada
Committee Member
U�
Michael Hendrickson
Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON July 15, 2014 PER
RESOLUTION NO. 2014-45
ATTEST:
Ana Barcia, City Cl k
Dated: g f �3 li
!R
SIGNATURE PAGE
CITY OF VERNON
ark Whitworth
City Administrator / "MERR"
Teresa McAllister
Director of Human Resources
IC�isteri Endinoto
Deputy City Administrator
Alex Kuw
Economic Development Manager
APPROVED AS TO FORM:
Za a oussa, Deputy City Attorney
IBEW LOCAL 47
Pat Lavin
Business Manager/F' cial Secretary
-i 4:,— ,
tan St el
Senior Assistant Business Manager
B�
Baca
IBEW Business Representative
Willie Carram
Committee Member
ie Estrada
ommittee Member
Michael Hendrickson
Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON July 15, 2014 PER
RESOLUTION NO. 2014-45
ATTEST:
. - K11'*-M
Ana Barcia, uty Ci Clerk
Dated: G^/o//g
45
CITY OF VERNON
-:�VZZA�4"
Mpt Whitworth
ty Administrator / "MERR"
Teresa McAllister
Director of Human Resources
Kfistdh Enomoto
Deputy City Administrator
Alex Kun
Economic Development Manager
APPROVED AS TO FORM:
SIGNATURE PAGE
IBEW LOCAL 47
Pat Laavi�—
Business Manager/Financial Secretary
0
"'Staii Stosel
Senior Assistant Business Manager
JohnIBE Business Representative
Willie Carrara
Committee Member
�ommittee Member
Zay oussa, Deputy City Attorney
Michael Hendrickson
Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON July 15, 2014 PER
RESOLUTION NO. 2014-45
ATTEST:
Ana Barcia, Deputy Irk
Dated: 19J/3 14
M
SIGNATURE PAGE
CITY OF VERNON
City Administrator / "MERR"
&A�'7WeALZJ
Teresa McAllister
Director of Human Resources
sKrl ten Enomoto
Deputy City Administrator
Alex Ku g
Economic Development Manager
APPROVED AS TO FORM:
Za • Moussa, Deputy City Attorney
IBEW LOCAL 47
Pat Lavin
Busines Manager/Financial Secretary
Stan Stos
Senior Assistant Business Manager
Jop&fDaca
MEW Business Representative
Willie Carram
Committee Member
Michael Hendrickson
Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON July 15, 2014 PER
RESOLUTION NO. 2014-45
ATTEST:
Ana Barc uty Ci6 Cler
Dated: ob?. l4
45
CITY OF VERNON
ark tworth
City Administrator / eZi"MERR"
Teresa McAllister
Director of Human Resources
Kri en nomoto
Deputy City Administrator
v
Alex Kune t a
Economic Development Manager
APPROVED AS TO FORM:
SIGNATURE PAGE
IBEW LOCAL 47
Pat Lavin
Busines Manager/F' an ciall Secretary
Stan Stogdl
Senior Assistant Business Manager
//� A
John ca
IBEW Business Representative
Willie Carrara
Committee Member
//Committee Member
Zay�# MIoussa, Deputy City Attorney
Michael Hendrickson
Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON July 15, 2014 PER
RESOLUTION NO. 2014-45
ATTEST:
Ana Barcia, ty i Clerk
Dated:
45
SIGNATURE PAGE
CITY OF VERNON
MaryWhitworth
C C' ` Administrator / "MERI
tI
Teresa McAllister
Director of Human Resources
yen � L
t nomoto
Deputy City Administrator
:�
Alex Ku g ?�f
Economic Development Manager
APPROVED AS TO FORM:
I V
Zafoussa, Deputy City Attorney
City Attorney
IBEW LOCAL 47
Pat Lavin
Business anager/Fin cial Secretary
tan Stose
Senior Assistant Business Manager
joX Baca
MEW Business Representative
Willie Cana _
Committee Member
Michael Hendrickso
Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON July 15, 2014 PER
RESOLUTION NO. 2014-45
ATTEST:
Ana Barcia, eputy ' y Cle
Dated: 9i1l R�f 4
45
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL 47
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Preamble............................................................................................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section1: Recognition................................................................................................ 7
Section 2: No Discrimination....................................................................................... 7
Section 3: No Strikes or Lockouts................................................................................. 7
Section 4: City /Union Meetings................................................................................. 7
Section 5: Union Business............................................................................................ 7
Section 6: Management Rights...................................................................................... 9
Section 7: Employee Rights...........................................................................................10
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause......................................................... 11
Section2: Term..............................................................................................................11
Section 3: Maintenance of Existing Conditions.............................................................11
Section 4: Modification and Waiver..............................................................................12
Section5: Severability....................................................................................................12
ARTICLE THREE: ORGANIZATIONAL SECURITY
Section 1: Organizational Security.................................................................................13
Section 2: Contracting Out Provision.............................................................................14
ARTICLE FOUR: COMPENSATION
Section1: Salaries..........................................................................................................15
Section2: Merit Steps...................................................................................................15
Section 3: Temporary Upgrade Pay — Special Assignment ......................................... 15
2
Section 4:
Section 5:
Section 6:
Section 7:
Bilingual Pay ...................
Longevity Pay .................
Promotions ......................
Reclassification ................
G11411to) "024CPAM11A31.71YMuIN
IT
Section 1:
Overtime Authorization.................................................................................19
Section 2:
Overtime Compensation...............................................................................
19
Section3:
Comp Time...................................................................................................
19
Section4:
Call Backs....................................................................................................
20
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section1: Uniforms....................................................................................................... 21
Section 2: Safety Boot/Shoe Allowance........................................................................ 21
ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1:
Medical ...............................................
Section 2:
Cafeteria Plan ......................................
Section 3:
Dental .................................................
Section 4:
Vision ..................................................
Section 5:
Life Insurance .....................................
Section 6:
Deferred Compensation ......................
Section 7:
Other City Employee Programs ..........
... 22
ARTICLE EIGHT: RETIREMENT
Section1: P.E.R.S......................................................................................................... 25
Section 2: P.E.R.S. Supplemental Plans.........................................................................25
K
Section 3: Retiree Medical..............................................................................................25
ARTICLE NINE: HOLIDAYS
Section1: Holidays........................................................................................................ 27
Section 2: In -Lieu Holidays............................................................................................ 28
ARTICLE TEN: VACATION
Section 1:
Vacation Leave...............................................................................................
29
Section 2:
Vacation Accumulation....................................................................................29
Section 3:
Scheduling of Vacation.....................................................................................29
Section 1:
Section 2:
Section 1:
Section 2:
Section 3:
ARTICLE ELEVEN: SICK LEAVE
Sick Leave .......................................
Family Sick Leave ...........................
................................................ 31
................................................. 32
ARTICLE TWELVE: LEAVE BENEFITS
JuryDuty ..........................................
Military Leave of Absence ................
Bereavement Leave ...........................
............................................... 33
................................................ 33
................................................ 33
ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section l:
Provisions ...........................................
Section 2:
4/10 Work Schedule ...........................
Section 3:
DuPont Schedule ................................
Section 4:
Standby Policy ...................................
Section 5:
Performance Evaluations ...................
............................................................ 35
............................................................. 35
............................................................. 35
............................................................. 36
............................................................. 37
ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
GrievanceProcedure.................................................................................................................38
rd
ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
DisciplineProcedure.................................................................................................................40
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee........................................................................................44
SIGNATURE PAGE
Signatures............................................................................................................................. 45
5
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
0,1101
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW)
PREAMBLE
This Memorandum of Understanding ("MOU") is entered into with reference to the following
facts:
A. Representatives of management for the City of Vernon (hereafter "City") and
representatives of the International Brotherhood of Electrical Workers, Local #
47 (hereafter "Union") have met on a number of occasions and have conferred in
good faith exchanging proposals concerning wages, hours, fringe benefits and
other terms and conditions of employment of employee/members represented by
the Union in the Utility Unit.
B. The management representatives and the representatives of the Union have
reached an understanding as to certain recommendations to be made to the City
Council for the City of Vernon and have agreed that the parties hereto will jointly
urge said Council to adopt one or more resolutions which will establish the
provisions regarding wages, hours, fringe benefits and other terms and conditions
of employment contained in these joint recommendations.
C. This MOU incorporates, contains and represents all of the terms and conditions
agreed upon by both parties as of July 1, 2014. Any previous
agreements/practices which are contrary to the language in this MOU shall be
null and void.
THEREFORE, the representatives of the City and the Union agree as follows:
The parties hereto have jointly recommended to the City Council of the City of Vernon that one or
more salary resolutions be adopted effectuating the following provisions related to salaries, fringe
benefits and other terms of employment for IBEW Union members. .
0
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the International Brotherhood of Electrical Workers, Local 47 ("Union") as
the certified majority representative of the employees, comprised of Addendum A, as the
exclusive representative of the employees for purposes of collective bargaining for all terms and
conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the Union shall discriminate against any individual, or
employee with respect to his/her compensation, terns, condition, or privileges of employment or
because of an individual's race, color, sex, religion, national origin, age, marital status, disability,
pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or
non -membership in the Union.
Section 3: No Strikes or Lockouts
Both the City and the Union recognize the continuing obligation to provide electrical and water
service to the City of Vernon. Accordingly, during the term of this agreement, the Union, its
officers, agents, representative and/or members agree they will not cause, condone or participate
in any strike, walk out, work stoppage, job action, slowdown or sickout, including compliance
with a request of other labor organizations to engage in any or all of the preceding activities.
During the term of this agreement, the City agrees it will not lockout employees represented by
the Union.
Section 4: City/Union Meetings
Representatives from the Union and the City shall meet as needed to discuss issues of mutual
concern.
Section 5: Union Business
A. Access to Facilities
Except as specifically identified in Section C below, all Union business will be conducted by
employees and Union representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or an employee from
contacting the Human Resources Director or other management representatives regarding
personnel related matters during work hours. The authorized Union Business Agent shall be given
access to work locations during working hours provided that prior to visiting any work location
the Union representative shall:
Obtain authorization for the visit from the Human Resources Director or designee. In the event
the requested time and/or location of such visit by the Union Business Agent is denied because it
would interfere with the operations of the department, the Human Resources Director or designee
shall consult with the Union Business Agent regarding availability and set an alternative time
and/or location for such visit within seventy-two (72) hours of the request.
The Union may schedule meetings in the City facilities at such times these facilities are not in use
by submitting a written request to the Human Resources Director or designee, which shall include
the date, time, and number of people expected. Approval will be granted in the same manner as it
is granted to other organizations.
B. Shop Stewards
The City agrees to recognize up to three (3) Stewards appointed by the Union. The Union shall
notify the City in writing of the names of each Steward .
C. Union Business
The Stewards shall be allowed release time during their regular work hours to conduct Union
related business as necessary provided it does not unreasonably interfere with the Stewards'
and/or employees' regular work duties. If a Steward must leave his/her work location to conduct
Union related business, he/she shall first obtain authorization from his/her supervisor to do so.
Authorization to leave will be granted unless such absence would be unreasonable. If such
authorization cannot be granted promptly, the Steward will be informed when time can be made
available. To the extent reasonable and compatible with City operational needs, such time will
not be more than forty-eight 48 hours, excluding scheduled days off and/or legal holidays, after
the time of the Steward's request unless otherwise mutually agreed upon. For purposes of this
section, "Union Business" shall include grievance investigations, meetings with management
called by management or the Steward, investigatory meetings where an employee has requested a
Steward, contract/MOU negotiations, meetings with Human Resources involving personnel or
labor relations matters, council meetings, health insurance committee meetings, and meetings of
any other committees established by the City that involve matters directly pertaining to the
bargaining unit with regard to said committees. Any Steward seeking leave time for Union
business for tasks not listed in this section shall obtain authorization from the Human Resources
Director or designee.
The City agrees to allow all employees of the bargaining unit paid release time to attend a Union
meeting on site at the City up to twice per year, up to one 1 hour per meeting.
The City agrees to provide a total of 3 days (up to 36 hours) of paid release time per year for
employees selected by the Union to attend a Union -sponsored Steward seminar or training located
in Southern California. The Union shall provide the City at least ten (10) calendar days prior
written notice of the request to release the selected employees for the seminar. Such request shall
include the date and start/end time of the seminar. City vehicles may be made available upon
request subject to availability and the City's vehicle use policy.
Release time as provided for in any of the above sections shall not result in the City incurring any
overtime.
Section 6: Management Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City
Code, and expressly and exclusively retains its management rights, which include, but are not
limited to:
■ The exclusive right to determine the mission of its constituent departments, commissions,
and boards;
■ Set standards and levels of service; and to expand or diminish services;
■ Determine the procedures and standards of selection of employment and promotions;
■ Direct its employees;
■ Establish and enforce dress and grooming standards;
■ Relieve its employees from duty because of lack of work or other lawful reasons subject to
the layoff procedure set forth in this memorandum of understanding;
■ Maintain the efficiency of government operations;
■ Determine the methods, means numbers, and kinds of personnel by which government
operations are to be conducted;
■ Determine the content and intent of job classifications;
■ Determine methods of financing;
■ Determine style and/or types of City issued wearing apparel, equipment, or technology to
be used;
■ Determine and/or change facilities, methods, technology, means, organizational structure,
size, and composition of the work by which the City operations are to be conducted;
■ Determine and change the number of locations and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the
right to contract for or subcontract any work or operations of the City subject to the
Contracting Provision set forth in this memorandum of understanding;
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■ 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 upon reasonable
notice;
■ Establish and modify productivity and performance programs and standards;
■ Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees for cause in accordance with applicable laws and with the
provisions of this MOU, and in accordance with Article XV — Discipline Procedure.
■ Take all necessary actions to carry out its mission in emergencies; and
■ Exercise complete control and discretion over its organization and the technology of
performing its work.
The Union expressly and specifically agrees that except to the extent that the City's rights are
expressly limited by the terms of this Agreement, the Union waives any and all of its rights to
meet and confer on any of the City's rights; provided, however, that if the exercise of these rights
impacts wages, hours, or terms and conditions of employment, the City will meet and confer on
the effect of its actions. This will occur prior to implementation except in emergency
circumstances as defined in law. The agreement to meet and confer over the effect of the
exercising of a City right shall not in any way impair the right of the City to exercise and
implement any of its rights.
Section 7: Emi lovee Rights
The City and Union mutually recognize and agree to fully protect the rights of all employees
covered by this MOU to join and participate in the activities of the Union and corresponding
rights of covered employees to refrain from joining and participating in the activities of the
Union. The City agrees that no employee shall be interfered with, intimated, restrained coerced or
discriminated against because of the exercise of these rights.
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ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall
not be affected thereby and shall remain in full force and effect.
The parties further agree to meet and confer for purposes of negotiating an alternative to
any provision declared invalid or unenforceable.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 2014, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2016, or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when
approved and adopted by the City Council.
Except as otherwise provided in Article IV, Section F, herein, the City and the Union agree
to submit proposals for any changes related to wages, benefits and/or other terms of and
conditions of employment affecting this Memorandum of Understanding between February 1,
2016 and March 1, 2016.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule
and overtime compensation are incorporated into this Memorandum of Understanding,
unless otherwise stated herein. In the event of a conflict between the Memorandum of
Understanding and an existing policy and/or practice, this Memorandum of
Understanding shall govern.
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Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of
the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act.
Section 5: Severability
In the event that a court finds any provision(s) of this Memorandum of Understanding to be
invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The
parties further agree to meet and confer for purposes of negotiating an alternative to any
provision declared invalid or unenforceable.
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ARTICLE THREE
ORGANIZATIONAL SECURITY
Section 1: Oreanizational Securi
Upon the voluntary written authorization of bargaining unit employees, the City shall deduct and
remit to the Union the Union's initiation fee and periodic dues for members of the Union.
Any unit member who is not a member of the Union, or who does not make application for
membership within thirty (30) days following the effective date of this paragraph, or, for those
hired after the effective date of this paragraph, within thirty (30) days from the commencement of
duties, shall become a member of the Union or pay to the union a fee in an amount equal to the
Union's periodic dues: provided, however, that the unit member may authorize payroll deductions
for such fee in the same manner as provided in the paragraph above.
Dues withheld by the City shall be transmitted to the Union Officer designated in writing by the
Union as a person authorized to receive such funds, at the address specified.
The parties agree that the obligations herein are a condition of continued employment for unit
members. The parties further agree that the failure of any unit member to remain a member in
good standing of the Union or to pay the equivalent of Union dues during the term of this
agreement shall constitute, generally, just and reasonable cause for termination.
The City shall not be obligated to put into effect any new, changed or discontinued deduction until
a pay period commences fifteen (15) working days or more after such submission.
No unit member shall be required to join the Union or to make an agency fee payment if the unit
member is an actual verified member of a bona fide religion, body, or sect which has historically
held conscientious objections to joining or financially supporting employee organizations; this
exemption shall not be granted unless and until such unit member has verified the specific
circumstances. Such employee must, instead, arrange with the Union to satisfy his/her obligation
by donating the equivalent amount to a non -labor, non -religion charitable fund, tax exempt under
section 501(c)(3) of the Internal Revenue Code, chosen by the employee.
Whenever a unit member becomes delinquent in the payment of dues or fees, the Union shall give
the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of
said notice shall be forwarded to the Human Resources Department. In the event the unit member
fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination
proceedings. The termination proceedings shall be governed by applicable state laws and are
specifically excluded from the Grievance/Appeal/Arbitration procedures.
The City shall not deduct money specifically earmarked for a PAC or other political activities
unless such deduction is affirmatively, separately and specifically authorized in writing by the
unit member.
The Union shall keep an adequate itemized record of its financial transactions and shall make
available annually to the City and, upon request, to the employees who are members of the unit,
within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form
of a balance sheet and an operating statement, certified as to accuracy by its president and
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treasurer or principal officer, or by a certified public accountant. A copy of financial reports
required under the Labor -Management Disclosure Act of 1959, or Government Code section
3546.5, shall satisfy this requirement.
The Union will defend, indemnify and hold harmless the City of Vernon from any loss, claim,
liability or cause of action arising out of the operation of this article. Upon commencement of any
such legal action, the Union shall have the right to decide and determine litigation, settlement,
and/or appeal strategy. Any such decision on the part of the Union shall not compromise or
diminish the Union's indemnification obligations under this agreement.
The City, immediately upon receipt of notice of such legal action shall inform the Union of such
actions, provide the Union with all information, documents, and assistance necessary for the
Union's defense or settlement of such action and fully cooperate with the Union in providing all
necessary witnesses, experts and assistance necessary for such defense.
The Union, upon compromise or settlement of such action, shall immediately pay the parties to
such action all sums due under such settlement of compromise. The Union, upon final order and
judgment of a court or administrative body of competent jurisdiction awarding damages to any
prevailing party, shall pay to such party all sums owing under such order and judgment.
Section 2: Contractin¢ Out Provision
The City and the Union share a common interest in maintaining the stability and the security of
the City's workforce. As such, the City agrees to notify the Union prior to any decision to
contract with an outside party if such contracting out will have a significant, long-term impact on
work performed by employees in classifications represented by the Union.
Such notification will be given before a decision to contract out is made, and the Union will have
an opportunity to comment prior to a determination by the City to enter into contracting
arrangements.
If such contracting out will result in potential layoff of any unit member(s), the City shall meet
and confer over the impact and effect such contracting out will have on the membership.
This provision shall not apply to contracts already established at the time this MOU is adopted
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ARTICLE FOUR
COMPENSATION
Section 1: Salaries
A. Effective June 29, 2014, (the beginning of the pay period including July 1, 2014), each
employee represented in the IBEW Union shall be placed within the proposed grade and
step pay plan as a result of the City wide classification and compensation study based upon
the 75" percentile (Attachment A), at the grade and step that is closest to but not less than
his/her current base salary.
B. Employees who are above the maximum recommended grade and step plan shall be Y-
rated and their respective salaries frozen during the term of this contract.
C. Effective the beginning of the pay period including January 1, 2015, employees
represented in the IBEW Union (excluding Y-rated employees, subject to the exception set
forth in subsection (E)) shall receive a 1.5% cost of living increase.
D. Effective the beginning of the pay period including July 1, 2015, employees represented in
the IBEW Union (excluding Y-rated employees, subject to the exception set forth in
subsection (E)) shall receive a 1.5% cost of living increase.
E. As of July 1, 2014, employees who are Y-rated at 4% or less above the maximum
recommended grade and step plan shall be eligible to receive the cost of living increases
set forth in subsections (C) and (D) above.
F. The City and the Union agree to a reopener no later than April 1, 2015 regarding the
classification and compensation study of the Substation Technician classification pursuant
to the annual review process of the application and maintenance of the classification and
compensation plan.
Section 2: Merit Steps
Effective the beginning of the pay period containing July 1, 2015, employees who in the
discretion of the Director of Gas and Electric and in accordance with the City's Performance
Evaluation Policy, have attained one year of satisfactory service as of their immediately preceding
classification anniversary date shall receive a one-time 5% merit increase during the term of this
contract. Future salary increases to any said grade shall remain the sole discretion of the City
Council. The July 1, 2015 merit increase shall not alter the employee's actual classification
anniversary date. The 5% merit increase shall not exceed the maximum salary or step of the
pay grade. Future merit increases to any said grade shall remain at the sole discretion of the
City Council.
Section 3: Temporary Upgrade Pay — Special Assignment
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Employees assigned to the Electric Operations Group who in the discretion of the Department
Head or his/her designee, are authorized to assume the duties of a higher level position and who
are temporarily assigned by the Department Head or his/her designee to perform the duties of
said higher level position shall receive a temporary Utilities Systems Operation Premium
(USOP) increase of five percent (5%) after a total of three (3) hours worked in the higher
class within an assigned shift, retroactive to the first hour for those hours worked in the
higher classification. An employee will not be reassigned for the purpose of avoiding the
USOP within an assigned shift.
The department head shall post a list of employees who are determined to be qualified
for temporary upgrade. The list shall contain the title of each classification in which
the employee is deemed eligible to perform at the higher level position.
The employee shall have the option to decline the temporary upgrade.
Section 4: Bilingual Pav
An employee may be eligible to be compensated for bilingual pay if his/her regular job duties as
described in his/her job description provide for interaction with the public on a regular basis.
Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in
Spanish may also be tested if necessary). Proficiency would be determined by successful
completion of a proficiency test administered by an agency or vendor approved by the Human
Resources Department. Those employees who successfully demonstrate this skill would be
eligible to receive an additional $125.00 per month for bilingual pay.
Section 5: Longevity Pay
A. Employees Hired on or Before June 30, 1994
Five (5)Years of Service
All eligible employees who have five (5) years of consecutive uninterrupted
service on or before July 1, 1986, shall receive an additional five percent (5%)per month of
their base salary effective July 1, 1986, and every year thereafter until reaching the next step.
Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to
said five percent (5%)per month upon said anniversary date.
Ten (10)Years of Service
All eligible employees who have ten (10) years of consecutive uninterrupted
service on or before July 1, 1987, shall receive an additional ten percent (10%)per month
of their base salary effective July 1, 1987, and every year thereafter until reaching the next
step. Employees upon reaching their loth anniversary date after July 1, 1987, shall be
entitled to said ten percent (10%)per month upon said anniversary date.
11M
Fifteen (15)Years of Service
All eligible employees who have fifteen (15) years of consecutive
uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent
(15%)per month of their base salary effective July 1, 1988, and every year thereafter until
reaching the next step. Employees upon reaching their 15th anniversary date after July 1,
1988, shall be entitled to said fifteen percent (15%)per month upon said anniversary date.
Twenty (20)Years of Service
All eligible employees who have twenty (20) years of consecutive
uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent
(20%) per month of their base salary effective July 1, 1989, and every year thereafter.
Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to
said twenty percent (20%)per month upon said anniversary
date.
B. Employees Employed On or After July 1, 1994 and before December 31, 2013.
The longevity program described in this Section will apply to all employees employed on or
after July 1, 1994 and before December 31, 2013.
Five (5)Years of Service
All eligible employees who are employed on or after July 1, 1994 and before
December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall
receive an additional five percent (5%) per month of their base salary. Such employees upon
reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per
month upon said anniversary date. Further, such employees will not be entitled to receive any
additional percentage increase to their base salary for further service. This subsection shall
only apply to employees hired on or after July 1, 1994 and before December 31, 2013.
Section 6: Promotions
Upon promotion, employees will be placed at the step within the grade for the position which
results in at least a five percent (5) increase, except that such increase cannot extend beyond the
top step of the range. Please refer to Personnel Policy II-3, Salary Plan Administration for
specific terms and policy.
Section 7: Reclassification
In any case where a position is reclassified to a class with a salary grade having a higher
maximum salary rate, and the incumbent meets the minimum qualifications for the new class, and
is in fact performing the full range of duties and responsibilities of the new classification, the
incumbent shall be placed at the step within the new salary grade that is closest to his/her current
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salary and that would provide a minimum of a 5% increase, not to exceed the maximum of the
grade. Consideration of the reclassification recommendation shall be based on competitive
conditions and the City's ability to pay and shall be subject to approval by the City Council.
Please refer to Personnel Policy II-2, Reclassification Plan for specific terms and policy.
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ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable.
Section 2: Overtime Compensation
Employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible
hours worked in excess of forty (40) hours in a single workweek. Time worked after four
consecutive overtime hours of the employee's regular shift, shall be paid at the double time rate.
Holidays (regular, in -lieu and floating), vacation time, compensatory time, paid jury duty leave,
and bereavement leave shall count as time worked for the purposes of computing overtime. Sick
leave, union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall not
count as time worked for the purpose of computing overtime.
Section 3: Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked.
Accrual of compensatory time shall be limited at any point in time to a maximum of sixty (60)
normal working hours. Compensatory time shall be calculated by multiplying the number of
overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate.
A. Planned overtime shall be compensated as mutually agreed upon in advance by employee
and employer.
B. Scheduling of compensatory time requires prior management approval and must be
preceded by a ten (10) day notice of intended use from the employee. Management may
waive the ten (10) day notice in cases of emergency. Compensatory time off may be
taken only in 15 minute increments. The ten (10) day notice requirement shall not apply
to attendance at funerals; the employee will notify management as soon as the need to be
absent for a funeral is known.
IN
Section 4: Call Backs
Emergency call back duty occurs when an employee is requested to report to duty on a non -
regularly scheduled work shift. Emergency call back policy is applicable when an employee is
requested to return to work after the employee's work day is completed and/or prior to when the
employee is scheduled to begin his/her shift. Emergency call back does not occur when an
employee is held over from his/her prior shift or is working planned overtime.
An employee called back to duty shall be credited with a minimum of four hours of work at the
applicable overtime rate. Any hours worked in excess of four hours shall be credited for actual
time worked at the applicable rate. During emergency call back, any paid sick leave hours taken
during that week shall be counted as hours worked for the purpose of computing overtime.
If the employee is called back to duty, his/her work time shall be credited commencing when the
employee reports to work and shall conclude when the employee leaves work.
Pill
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniforms
The City shall provide uniforms in accordance with departmental policy to all personnel who are
required to wear uniforms while on duty.
Uniforms issued by the City are considered as compensation and the value of such is reported to
the Public Employees' Retirement System annually as special compensation.
Section 2: Safety Boot/Shoe Allowance
The City will provide a safety boot/shoe allowance of $150.00 payable in January of each year of
the contract for those employees required to wear safety boots/shoes. The boots/shoes purchased
must be appropriate to the employee's job classification and must meet applicable CAL -OSHA
regulations and City/Departmental policies.
Employees receiving the boot/shoe allowance are required to wear the prescribed boots/shoes at
all times while on duty. Employees must maintain boots/shoes in proper condition to ensure
employee safety. The City reserves the right to determine if the boot or shoe is appropriate to job
classification in conformance with applicable CAL -OSHA regulations and City/Departmental
policies.
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ARTICLE SEVEN
HEALTH AND WELFARE BENEFITS
Section 1: Medical
The City offers various medical plans to employees. The City reserves the right to select,
administer, or fund any fringe benefit programs involving insurance that now exist or may exist in
the future.
The City shall meet with the Union prior to any change of insurance carrier or method funding
coverage for any fringe benefits listed in this article.
Section 2: Cafeteria Plan
The City and Union agree to a section 125 cafeteria plan (non-cashout), for this bargaining unit
effective January 1, 2015. The City will adhere to the cafeteria plan requirements in accordance
with IRS Section 125 regulations. The City shall provide to each employee in this bargaining
unit a monthly allowance toward the cost of his/her medical plan as outlined in Subsection A
through C below. In the event an employee does not exhaust nor exceed his/her monthly
medical allowance, the employee shall be allowed to apply any unused portion towards the
purchase of dental, vision, supplemental or ancillary plans offered through the City and
approved by the Director of Human Resources.
A. For employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City
shall pay up to $1,050 per month of the cost of the plan for employees and eligible
dependents. The cost of any plan selected by the employee that exceeds $1,050 shall be
paid by the employee through a pre-tax payroll deduction.
B. Effective January 1, 2015 the City shall provide the Union an additional lump sum
employer health benefit contribution in the amount of $56,500 to be applied toward
monthly employee allowances during calendar year 2015 and 2016 only.
1. For calendar year 2015, employees enrolled in an Employee plus Spouse, or
Employee plus Children tiered plan shall receive an additional employer
contribution of $50.00 per month.
2. For calendar year 2015, employees enrolled in an Employee plus Family tiered
plan shall receive an additional employer contribution of $100.00 per month.
3. For calendar year 2016, prior to the City's open enrollment period for the 2016
calendar year medical plans, the City shall identify the portion of the $56,500 lump
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sum contribution unused as of December 31, 2015, and shall increase or decrease
the additional employer contribution amounts specified in Subsections 1 and 2
above accordingly.
C. For Employees enrolled in the PPO/HSA plan, the City shall pay up to 100% of the
monthly cost of the plan for employees and eligible dependents, not to exceed $800 per
month. In addition, for each employee enrolled in a PPO/HSA plan, annually the City shall
make lump sum contributions to a health savings account (HSA) as follows: $1,500 in
January, and $500 each in March, June and September. The cost of any PPO/HSA plan
selected by the employee that exceeds $800 shall be paid by the employee through a pre-
tax payroll deduction.
Section 3: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee
does not exceed his/her monthly employer medical allowance, the employee shall be allowed to
apply any unused portion toward the purchase of dental insurance for himself/herself and
eligible dependents. The cost of any plan selected by the employee that exceeds his/her
monthly employer medical allowance shall be paid by the employee through a pre-tax payroll
deduction.
Section 4: Vision
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost
of such a plan for employees only. Employees shall have the option of purchasing vision care for
their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. In
the event an employee does not exceed their monthly employer medical allowance, the
employee shall be allowed to apply any unused portion towards the purchase of additional
provided coverage for vision care.
Section 5: Life Insurance
The City provides a $20,000 life insurance plan to employees. The City shall pay 100% of the
cost of such plan for employees. The City's agreement to pay full or partial costs of said
premiums shall not create or ripen into a vested right for said employee. In the event an
employee does not exceed his/her monthly employer medical allowance, the employee shall be
allowed to apply any unused portion towards the purchase of additional provided coverage for
supplemental life insurance.
Section 6: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
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Section 7: Other City Employee Programs
Employees are eligible to participate in all City sponsored programs adopted by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to the
following:
• Computer loan purchase plan
• Corrective eye surgery plan
• Flexible Spending Plan
• Hearing aid devise plan
• Tuition reimbursement plan
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ARTICLE EIGHT
RETIREMENT
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PEAS) that provides IBEW employees with 2.7% at 55 PERS retirement benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Act(PEPRA), new
Ca1PERS members hired on or after January 1, 2013 who meet the definition of new member under
PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan.
IBEW members shall be responsible for paying 100% of their PERS employee's contributions.
The City and Union agree to a reopener to discuss the impacts and effects if the applicable laws
concerning PERS are amended during the term of this contract.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to IBEW
employees under PERS as follows:
• Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation
• New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Average Final Compensation
• Gov't Code Section: 21024 - Military Service Credit -as Public Service
• Gov't Code Section: 21548 — Pre -Retirement Option 2W Death Benefit
• Gov't Code Section: 21573 —Third Level of 1959 Survivor Benefits
Section 3: Retiree Medical
A. The City will pay up to the amount equivalent to the then current, lowest cost,
employee only HMO insurance premium for the City's medical and/or dental insurance
premium(s) for all full-time regular employees who retire at age 60 960) or later with at
least twenty (20) years of continuous uninterrupted service. Retired employees will be
permitted to enroll in a higher -cost plan and pay the amount in excess of the HMO
equivalent.
B. All full-time regular employees with at least thirty (30) years of continuous
uninterrupted service who retire before the age of sixty (60) years will be permitted to
pay their medical and/or dental insurance premiums, and, upon reaching the age of
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sixty (60), the City will pay up to the amount equivalent to the then current lowest
cost, employee only HMO medical and/or dental insurance premium(s).
C. All full-time regular employees, who retire with aminimum often (10)years
of continuous uninterrupted service with the City may pay the premium(s) for medical
and/or dental insurance.
D. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B,
and C above, shall be for retired employees only and shall not include their spouses or other
dependents.
E. All retired employees who receive medical and/or dental insurance benefits pursuant to
subsections A, B, or C above and who reach the age of sixty-five (65), are required to be
enrolled in Medicare, and shall show proof of such enrollment, where upon the City's
insurance policy will become supplemental coverage, if applicable.
F. The City's obligation to make any payment under the retiree medical benefits program shall
automatically terminate and cease upon the death of the retired employee.
G. The offer of the retiree medical benefits is not a vested right for future years.
FTI
ARTICLE NINE
UO 11 I IZ�'f.�
Section 1: Holidays
A. All full-time employees, excluding employees assigned to the 12-hour rotating shift (Dupont
Schedule) or any Resource Scheduler on the Tuesday through Friday schedule, shall be
provided with the following holidays with pay subject to the provisions below.
1. Janua7 lst - New Year's Day
2. The 3` Monday in January — Martin Luther King, Jr. Day
3. The 3`d Monday in February — Presidents Day
4. March 3 1 " — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 4th — Independence Day
7. The first Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November 11th — Veterans Day
10. The 4th Thursday in November — Thanksgiving Day
11. December 24d' — Christmas Eve
12. December 25th — Christmas Day
13. December 315t — New Year's Eve
14. Such other days as may be designated as holidays by the City Council
of the City of Vernon
B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the
holiday. Holidays falling on a Friday or Saturday, shall not be granted as an authorized
holiday to employees.
C. Temporary, and part-time employees are not eligible for paid holidays.
D. An employee whose regular 4/10 shift assignment falls on an authorized holiday and who is
required to work on that day shall be paid at his/her regular hourly rate of pay for the
holiday, plus 2X (two times) his/her regular hourly rate of pay for the actual hours he/she
was required to work on the authorized holiday.
E. If New Year's Day or Christmas Day falls on a Friday or Saturday, and the 4/10 employee is
required to work on that day, he/she shall not receive holiday pay (as set forth in subsection
B above), but shall be paid 2X (two times) his/her regular hourly rate of pay for the actual
hours he/she was required to work on that day.
F. Employees assigned to the 12—hour DuPont Schedule and the Tuesday through Friday
Resource Scheduler schedule shall not be eligible for Holiday pay, but shall instead receive
forty-eight (48) hours of In -Lieu Holiday time subject to the provisions below.
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Section 2: In -Lieu Holiday Time
A. An employee regularly assigned to the 12-hour rotating shift (Dupont Schedule) whose
duties are such that he/she does not receive the benefits of regular legal holidays, shall be
granted 48-hours of In -Lieu Holiday time effective July I't of each fiscal year.
B. An employee regularly assigned to the classification of Resource Scheduler whose regular
work schedule of Tuesday through Friday is such that he/she shall not receive the benefits of
regular legal holidays of the City of Vernon shall be granted 120-hours of In -Lieu Holiday
time effective July 0 of each calendar year.
C. Such In -Lieu Holiday time shall only be granted so long as said employee is on the active
payroll of the Department.
D. In -Lieu Holidays must be taken prior to June 30"' of the fiscal year in which they are
provided. Holidays may be taken as days off on dates desired by the employee subject to the
approval of the Department Head or designee.
E. Such In -Lieu Holidays not taken within the prescribed timeline, shall not be paid for unless
the employee was continuously denied the opportunity to utilize them during the fiscal year
for which such In -Lieu Holidays were granted. In that case only, the employee shall be paid
for said In -Lieu Holidays not taken with his or her first payroll check on or after June 30th of
the year in which the in -lieu holidays were granted, at his or her then regularly hourly rate of
pay, excluding all other compensation computed in accordance with the applicable salary.
F. An employee who resigns, retires, transfers into a 4/10 work schedule or is terminated shall
not be entitled to any compensation for In -Lieu Holidays not taken unless previously denied.
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ARTICLE TEN
VACATION
Section 1: Vacation Leave
All full-time employees shall accrue vacation according to the following schedule:
4/10 Schedule:
Continuous Years of Service
15` year thru 4`h year
5`h year thru 9`h year
10` year thru 14`h year
15`h year thru 24`h year
25`h year and more
Vacation Hours Earned
80
100
120
160
190
Bi-Weekly Accrual
3.08
3.85
4.62
6.16
7.31
12-Hour Rotation Shift (DuPont Schedule):
1 A year thru 9`h year 120 4.62
1 01hyear thru 14`h year 160 6.16
15th year and more 160 + one week's equivalent 6.16
salary on anniversary date and
each anniversary date thereafter.
Section 2: Vacation Accumulation
A. Accumulation and carry-over of vacation leave shall be limited to a maximum of the number
of hours the employee was eligible to accrue during the immediately preceding year. In or
about January of each year, employees shall be compensated for unused accrued vacation
benefit in excess of the allowed accumulated amount referenced above.
B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of
absence or non -work related disability leave.
C. In the event one or more City holidays fall within a vacation period, such holidays shall not
be charged as vacation leave.
D. Upon separation from City employment, compensation shall be paid for vacation leave
which has been earned but not taken.
Section 3: Scheduling of Vacation
A. Vacation leave shall be scheduled with the approval of the Department Director or his or her
designee by submitting a Leave Request Form in writing, within ten business days before
the beginning of the vacation. Vacation leave requests for extended times (3 weeks or
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more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in
advance of the beginning of the vacation. Vacations shall be approved subject to the needs
of the department. The employee's seniority and wishes will be factors that are considered
during the scheduling process. Non -earned vacation leave shall not be allowed.
B. Vacation leave requests shall not be in excess of such leave actually earned at the time it is
requested or in excess of the regular scheduled workweek.
ARTICLE ELEVEN
SICK LEAVE
Section 1: Sick Leave
Employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick
leave hours per pay period. If the employee works, or is on regular paid status, less than a full
year, the hours of sick leave will accrue on a pro rata basis. Employee shall only receive sick
leave accrual while they are in a paid status.
A. The City shall allow annual carry-over of sick leave hours up to a maximum accrual cap of
960 hours. This bank of carry-over would provide a cushion for longer -term illnesses and
injuries.
B. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any
sick leave hours exceeding 960 will be compensated for at the end of the year at 50% of the
employee's hourly rate.
C. Sick leave shall be allowed only for actual illness or injury not arising out of and in the
course of employment. If sick leave on account of illness or injury exceeds two (2) working
days, the employee, prior to returning to work, shall submit a statement from a physician
certifying that the employee's physical condition prevented the employee from performing
the duties of said employee's position during the period of absence. All sick leave shall be
approved by the department head. Notwithstanding the above, the City may require
verification of sick leave use whenever it has reason to believe there is misuse, abuse or a
pattern of abuse.
D. Except as hereinafter provided, upon retirement or disability retirement pursuant to City
Council approval, or under the State Employees' Retirement System or pursuant to the
provisions of any applicable agreement between the City and a state retirement system, or
upon death, accumulated and unused sick leave credit shall be paid on the following basis:
a. Employees employed for a continuous period of five (5) years or more, but less
than ten (10) years, immediately preceding said retirement or disability
retirement shall receive payment comparable to twenty-five percent (25%) of
accumulated and unused sick leave. Upon the death of such person so
employed for said continuous period immediately preceding said employee's
death, the estate or beneficiary of the deceased shall receive said payment.
b. Employees employed for a continuous period of ten (10) years or more
immediately preceding said retirement or disability retirement shall receive
payment comparable to fifty percent (50%) of accumulated and unused sick
leave. Upon the death of such person so employed for said continuous period
immediately preceding his death, the estate or beneficiary of the deceased shall
receive said payment.
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Section 2: Family Sick Leave (Kin Care)
Employees may use in any calendar year the employee's accrued and available sick leave
entitlement, in an amount not more than the sick leave that would be accrued during six months at
the employee's then current rate of entitlement, for qualifying family illness as follows: Sick
leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of,
or mother or father of, the employee living within the same household. In the case of joint
custody of a child, illness of the child occurring at the other custodial parent's house may also
qualify. All family sick leave shall be approved by the department head and a statement
establishing the need for sick leave from a physician may be required as a condition of payment
while on such leave.
Kea
ARTICLE TWELVE
LEAVE BENEFITS
Section 1: Jury Duty
A. All regular fall -time employees summoned to serve on jury duty shall be provided "Jury
Duty Pay" and there shall be no loss of compensation. An employee will be compensated
up to two weeks at full pay for jury duty. The employee must provide notice of the expected
jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar
days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called
in for jury duty does not have to report to work before or after appearing in court. All
employees shall obtain verification of the hours of jury duty performed using verification
forms as may be supplied by the court.
C. Except as herein provided, employees shall remit to the City any compensation received for
those days while on jury duty and shall receive regular pay for the time served. Employees
shall be reimbursed by the City for the mileage portion of the jury duty compensation.. Jury
duty performed on an employee's regular day off shall not be compensated by the City and
the employee shall be entitled only to the jury's compensation for duty performed on such
employee's regular day off. Employees assigned to jury duty on a City authorized holiday
will be considered to have taken such a holiday and will receive regular holiday pay, but the
employee shall be entitled to the jury compensation for duty performed on such holiday.
D. For those employees working graveyard and swing shift, or other shifts starting at an early
and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.); Management shall reschedule the employee to
a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday.
This temporary reassignment shall be only for the duration of the jury duty. Reassignment of
duties may also be made so that the employee may have more productive time prior to, and
following release from, jury duty.
Section 2: Military Leave of Absence
Military leave shall be granted in accordance with the provisions of applicable federal and state
law. Every employee entitled to receive the benefits of military leave shall give his/her
Department Director the opportunity, within the limits of the law and military necessity, to
determine when such leave shall be taken.
Section 3: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death or if
death appears imminent, of any "immediate family member" as defined below including the
equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4)
work days (40 or 48 hours, based upon the employee's regular work schedule) of bereavement
leave without loss of salary.
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Relative
All Regular Employees
-Spouse
4 work days
Child
4 work days
Registered Domestic
Partner
4 work days
-Step-Child
4 work days
Parent
4 work days
4 work days
-Step-Parent
Mother-in-law
4 work days
Father-in-law
4 work days
Grandchild
4 work days
4 work days
-Step-Grandchild
4 work days
-Grandparent
Grandparent -in-law
4 work days
Brother
4 work days
Sister
4 work days
4 work days
-Step-Sister
4 work days
-Step-Brother
-Daughter-in-law
4 work days
Son-in-law
4 work days
Brother-in-law
*See below
Sister-in-law
*See below
The equivalent of four (4) work days will be provided for the death of a brother-in-law or sister-in-law of the
employee or sibling of the employee's spouse.
Bereavement leave is paid over a maximum of seven (7) work days and is paid in thirty minute
increments. The bereavement leave begins on the first regularly scheduled workday as requested
by the employee. If the employee learns of the death while at work, he or she is entitled to leave
work immediately; this partial day leave will not be counted towards the bereavement leave.
Bereavement leave must be authorized by the Department Director and must be utilized within 15
days of employee learning of the death, or of the date of foreseen imminent death of the
immediate family member, unless special circumstances require that the leave begin at a later
date. Such requests to the Department Director shall be made within 15 days of the employee
learning of the death or of the date of foreseen imminent death and shall not be unreasonably
denied.
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ARTICLE THIRTEEN
WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions
The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59
p.m. except as modified by management. In the event the City needs to adjust any work schedule, the
city agrees that no such modification will be conducted without first notifying the effected employees
a minimum of 10 days prior to the change unless agreed to by the effected employee(s) and the
Director of Gas & Electric or designee.
Section 2: 4/10 Work Schedule
The City agrees to continue the 4/10 work schedule for employees assigned to work between
Monday — Friday shifts.
Section 3: DuPont Schedule
The DuPont rotating shift plan provides 24/7 coverage of critical operational positions. This type
of schedule has been utilized successfully in several United States industries in order to enhance
workplace safety, provide additional rest for staff, decrease calls backs and allow for more shift
coverage. 24-hour operation staff shall work a twelve hour shift.
• The DuPont schedule consists of 4 two -person crews rotating in 12 hour shifts day and
night to provide 24/7 coverage.
• The DuPont schedule consists of a 4-week cycle where each team works as follows:
• 4 consecutive night shifts, followed by 3 consecutive days off duty;
• 3 consecutive day shifts, followed by 1 day off duty;
• 3 consecutive night shifts, followed by 3 consecutive days off duty;
• 4 consecutive day shifts, followed by 7 consecutive days off duty.
• Day 1 typically begins on a Monday but it can be any day of the week. At the end of the
cycle, the entire sequence starts over.
• Crews are able to review schedules in advance for planning.
• Vernon Gas & Electric Utilities Dispatchers & Electric Operators are assigned to these
shifts.
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Section 4: Standbv Polic
Stand-by time is that period of time other than the employee's regularly scheduled working hours
when an employee, at the direction of his/her Department Head, is on standby duty.
The Department Head shall post a list of employees who are determined to be qualified to
perform stand -by -duty. The list shall contain the title of each classification in which the
employee is deemed eligible to perform stand-by duty. The stand-by duty and period shall be
defined by the Department Head. The stand-by list will be made available 72 hours, or as
soon as practical, prior to the start of stand-by.
4/10 Schedule
The stand-by rotation list for employees working the 4/10 work schedule will first be filled
through volunteers from the respective classification, and then from volunteers from other
classifications who are deemed eligible for stand-by in that classification. If there are no
volunteers available, employees shall be involuntarily placed on stand-by status pursuant to a
rotational plan within the respective classification from the list of employees qualified to perform
stand-by duties.
DuPont Schedule
The stand-by rotation list for employees working under the DuPont Schedule will be filled
through a mandatory rotation list during the employees' 3 or 4-day off -cycle. Unless it is
determined an emergency or voluntary basis, it is not the City's intent to place employees on
stand-by during their scheduled 7-day off cycle under the DuPont Schedule.
Stand-by duty employees are free to engage in personal business and activities. However, in
order to be eligible for stand-by duty and pay, employees must:
A. Be ready to respond immediately.
B. Be reachable by City -issued cell phone.
C. Be able to report to work within one (1) hour of notification.
D. Refrain from activities that might impair their ability to perform assigned
duties. This includes, but is not limited to, abstaining from the
consumption of any alcoholic beverage and the use of any illegal drug or
incapacitating medication.
E. Respond to any call back during the assigned standby duty.
Employees on stand-by shall receive two (2) hours of regular straight time
compensation for each day that the employee is assigned stand-by.
On City recognized Holidays, employees on stand-by will be compensated four (4) hours of
straight time compensation.
An employee assigned to stand-by who is not available to report may be subject to
appropriate disciplinary action, unless he/she provides sufficient notice to his/her immediate
M
supervisor of incapacity to respond prior to the call back so that appropriate arrangements can
be made so that the stand-by duty is covered.
Section 5: Performance Evaluations
It is agreed that an employee is not required to sign his/her Performance Evaluation when first
presented with it. The employee's signature is an acknowledgment that the performance appraisal
was discussed. The signature does not necessarily mean that the employee agrees with evaluation
content. If there is a refusal to sign a performance evaluation, the supervisor shall note on the
performance evaluation the refusal of the employee to sign. The employee may enter remarks in
the space provided or attach a separate written response specific to the evaluation within ten
calendar days of the employee's receipt of the Performance Evaluation. An employee shall
receive a copy of the performance evaluation and the department may place a copy in an internal
file. Please refer to Personnel Policy IV-1, Performance Evaluations for detailed procedures and
policy.
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ARTICLE FOURTEEN
GRIEVANCE PROCEDURE
Definition
A grievance shall be defined as an allegation by an employee or the Union of misinterpretation,
misapplication or violation of a particular provision of this MOU, City policy, rule or past
practice.
Days
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Step One - Immediate Supervisor
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance
procedure by explaining the situation orally or in writing to the immediate supervisor of the
affected employee(s). The Union and/or employee(s) waives the right to proceed with the
grievance if the grievant does not initiate the procedure by this deadline. After the presentation of
the grievance to the supervisor, the supervisor shall make a decision and present his/her decision,
in writing, to the Union and employee(s) within five (5) days.
Step Two - Department Head
If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the
grievant shall present the grievance, in writing, to the Department Director within five (5) days of
the decision of the immediate supervisor. The Union and/or employee(s) waives the right to
proceed with the grievance if the grievant(s) does not act by this deadline. Within five (5) days,
the Department Director, or the designee of the Department Director, shall meet with the Union or
employee(s) to hear the grievance. Within five (5) days of hearing the grievance, the Department
Director or designee shall present his/her decision, in writing, to the Union and employee(s) with
copies to the Human Resource Director and the City Administrator.
Step Three — City Administrator/Advisory Arbitration
If the Union or employee(s) is not satisfied with the result of the meeting with the Department
Director, the grievant may request that the matter be heard by the City Administrator or designee,
or the Union may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet
with the Union and/or employee(s) within eight (8) days of receipt of the grievant's written
notice. If the Union and/or employee(s) elects to have the matter heard by the City Administrator
or designee, the Union and/or employee(s) waives the right to have the matter heard by an
arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide
his/her decision, in writing, to the Union and employee(s). The decision of the City Administrator
38
shall be final and binding.
If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union
and the City. A court reporter shall be retained only by mutual consent of the parties. The costs
of the arbitration, including the court reporter, shall be divided in half (i.e. 50150) by the parties.
Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid
by the party that incurred the cost.
If the Union elects arbitration, the City shall request a list of seven (7) arbitrators registered with
the American Arbitration Association, California State Conciliation Service or some other
mutually agreed upon source within ten (10) days of the Union's request. Upon receipt of the list,
the parties shall alternately strike names from the list until a final name is selected as the hearing
officer, with the Union striking first. The selected arbitrator shall serve as the hearing officer. All
arbitration proceedings arising under the Grievance procedure shall be governed by the provisions
of Title 9, Part 3, of the Code of Civil Procedure of the State of California.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall
provide his/her decision, in writing, to the Union and employee(s). The recommendation of an
arbitrator shall be advisory to the City Administrator or designee. The decision of the City
Administrator shall be final and binding.
In the event the City Administrator does not adopt the arbitrator's recommendation, the City shall
bear the full cost of the arbitrator's fee. Attorney fees, staff time and witness fees are excluded
and shall be paid by the party that incurred the cost.
All time limits specified in the procedure may be waived by mutual written agreement.
tM
ARTICLE FIFTEEN
DISCIPLINE PROCEDURE
Definition
Types of discipline include the following: suspension, demotion, reduction in pay or dismissal.
For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary
demotions, and performance evaluations are not classified as discipline.
The purpose of disciplinary actions are not intended to be punitive, but are defined as actions by
management directed to the modification or cessation of employee conduct which is contrary to
the best interests of the City and the public service.
Disciplinary Actions
The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary
action, which shall be commensurate with the seriousness of the offense and with consideration of
the employee's work history file. Progressive discipline will be used; however, this does not
preclude the City from taking disciplinary action, up to and including termination, for an incident
for which there is no prior documentation as long as the disciplinary action is warranted and is
based on just cause.
The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or
his/her designee shall advise employees of contemplated disciplinary actions in writing and allow
the employee an opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file.
Performance deficiencies documented in the employee's performance evaluation as "does not
meet standards" may be the basis for disciplinary action if the employee fails to correct those
performance deficiencies within the time period designated by his/her supervisor. To the extent
possible, performance deficiencies or other causes for discipline will be documented in the
employee's personnel file.
Upon the City receiving authorization from the employee, the City will provide the Union with all
written notices of discipline given to employees represented by Union. The written notice of
discipline will also inform the employee that he/she has the right to consult with the Union with
regard to the disciplinary action being taken.
Disciplinary Procedure
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
,M
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice
shall include the proposed effective date of the discipline, a statement of the reason(s) for the
proposed action, including the rule or standard of conduct allegedly violated, the proposed
discipline and the charge(s) being considered.
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinary action is based.
Employee Response/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right
to respond orally, in writing or both orally and in writing. The employee will be provided a
reasonable period of time to respond, which shall be no sooner than five (5) days after the notice
of proposed action is provided, or additional time as may be reasonable. This represents the pre -
disciplinary opportunity for the employee to state any reasons that he/she believes the proposed
action to be inappropriate. The date the employee is scheduled to respond may be adjusted by
mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to
respond. Any response will be fully considered before any final action is decided upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the
right to have a representative of his or her own choosing at the conference. The City may conduct
further investigation if the employee's version of the facts or new information raises doubts as to
the accuracy of the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of
the final disciplinary action shall be given to the employee. Such notice shall include essentially
the same information contained in the notice of proposed action, except that the employee's
formal appeal rights shall be stated.
Emereencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended without pay for up to three (3) days pending the processing of the written notice of
proposed action as required in this article or may be suspended with pay pending the completion
of such investigations or hearings as may be required to determine if disciplinary action is to be
taken. If the charges and/or allegations are not sustained, the employee suspended without pay
shall be entitled to reinstatement with full back pay and benefits. All back pay awards related to
suspension, demotions and discharges shall include interest as set by Civil Code §§ 3287 et. seq..
41
Appeal Procedures
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any termination,
suspension of thirty (30) hours or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to newly hired probationary employees. The appeal process
shall not be applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed
notice of discipline. The employee's request for appeal must be addressed to the City
Administrator and received in the Human Resources Division. The Human Resources Division
shall date stamp the employee's appeal to verify the timeliness of the appeal.
If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for
the failure is shown, the discipline shall be considered conclusive and shall take effect as
prescribed. If the employee files a timely appeal, an arbitration appeal hearing shall be
established as follows:
1. The employee shall file a written request with the Human Resources Division for
arbitration to the City Administrator or designee. The City and Union will share equally
share (i.e. 50150) the arbitration -related expenses, excluding attorney fees, expert
witness(es) and staff time.
2. The City shall request a list of seven (7) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. Unless the parties agree to another
method of selecting an arbitrator, the parties shall alternately strike one name from the
list, with the employee striking first, until one name remains as the arbitrator.
3. The selected arbitrator shall serve as the hearing officer.
4. All time limits specified in the procedure may be waived by mutual written agreement.
5. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and
the employee. The opinion shall set forth findings of fact and conclusions. The decision
of the Arbitrator will become final unless the City or the employee/union elects to pursue
judicial review under CCP § 1094.5.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of
major discipline. The appeal process shall not apply to probationary employees.
42
If the problem cannot be resolved between the employee and the supervisor, the employee may,
within ten (10) days from receiving notice of the proposed discipline, request and be granted an
interview with the Department Director or his/her designee in order to discuss the appeal.
The Department Director or designee shall render his/her decision in writing within fifteen (15)
days of receiving the appeal. If the Department Director and employee are unable to arrive at a
satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by
the Department Director, submit a written appeal to the City Administrator or designee. The City
Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City
Administrator or designee shall render his/her judgment as soon after the conclusion of the
hearing as possible and in no event later than thirty (30) days after conducting the hearing.
His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The
opinion shall set forth findings of fact and conclusions. The decision of the City Administrator
shall be final.
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ARTICLE SIXTEEN
JOINT LABOR MANAGEMENT COMMITTEE
The City and the Union will maintain a Joint Labor Management (JLM) Committee
comprised of at least eight (8) members. The City's team shall consist of representatives
from the City Administrator's office, the Human Resources Department and the Gas and
Electric Department. The Union shall provide four (4) members to sit on its committee, at
least two of which must be employees of the City. Additional department and employee
representatives may participate on the Committee to deal with departmental matters which
may be addressed. This committee shall meet at least semi-annually to discuss matters of
concern to both management and the Union and a written summary of each meeting shall
be prepared by the City. The committee shall be authorized to schedule meetings more
frequently than the semi-annual ones required herein in order to expeditiously respond to
concerns properly before the committee.
2. The JLM shall be utilized to allow the parties to discuss matters affecting the workplace
environment.
The JLM shall not be a means for participating in the meet and confer process as provided
for by Government Code Sections 3500 et. Seq. The JLM's meetings shall not be "Meet
and Confer" sessions as that term is used in Government Code Sections 3500 et. seq.
4. JLM consideration of proposed changes in terms and conditions of employment shall not
occur and is not a condition precedent to the exercise by the City of its rights.
SIGNATURE PAGE
CITY OF VERNON
Mark/Whitworth
Cit Administrator / "MERR"
Teresa McAllister
Director of Human Resources
aC&nornot6
Kri te
Deputy City Administrator
Alex Kun
Economic Development Manager
APPROVED AS TO FORM:
Za oussa, Deputy City Attorney
IBEW LOCAL 47
Pat Lavin
Business anager/Financial Secretary
Stan St el
Senior Assistant Business Manager
Jojxf Baca
EW Business Representative
Willie Carrara
Committee Member
,me n strad„t
Coram
itte ember
Michael Hendrickson
Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON July 15, 2014 PER
RESOLUTION NO. 2014-45
ATTEST:
Dated: plee l/ 9
Ana Barcia, D y City
45