Resolution No. 2019-037RESOLUTION NO. 2019-37
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, 2019 THROUGH
JUNE 30, 2022
WHEREAS, the International Brotherhood of Electrical Workers
Local 47 ("IBEW") has been recognized as an employee organization
pursuant to Resolution No. 4027; and
WHEREAS, on July 12, 2016, the City Council of the City of
Vernon adopted Resolution No. 2016-41 approving a Memorandum of
Understanding by and between the City and the IBEW for the period of July
1, 2016 through June 30, 2019; and
WHEREAS, the City and IBEW have concluded labor negotiations
regarding wages, benefits and working conditions for period of
July 1, 2019 through June 30, 2022; 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, 2019 through June 30, 2022; 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") review, because it is an administrative action that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
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 the copy which is 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 Interim City Clerk, or the Interim City Clerk's designee,
to send a fully executed MOU to Stan Stosel, IBEW Local 47 Senior
Assistant Business Manager.
- 2 -
SECTION 6: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this resolution,
and the Interim City Clerk of the City of Vernon shall cause this
resolution and the Interim City Clerk's certification to be entered in
the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 3rd day of September, 2019.
ATTEST:
Ord,
xf & !!!= 4WVV4r-C;Q;qZ
De orate Harrington
Interim City Clerk
APPROVED AS TO FORM:
Zay a us a,
Seni Deputy City Attorney
Name:
mmelisskA. Ybarra
Title: Mayor / M - -- Flife m__ v
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Deborah Harrington, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
No. 2019-37, 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, September 3, 2019, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 7'-- day of September, 2019, at Vernon, California.
(SEAL)
- 4 -
e orah Harringto
Interim City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL 47
July 1, 20196 through June 30, 202241
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Preamble...............................................................................................................................
6
ARTICLE ONE: FUNDAMENTALS
Section 1:
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 ......................................................
Section2: Term.............................................................................................................. l 1
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 .......................................... 16
Section4: Bilingual Pay.................................................................................................16
2
Section5: Longevity Pay................................................................................................16
Section6: Promotions.................................................................................................... 18
Section 7: Reclassification.............................................................................................. 18
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization................................................................................. 19
Section 2: Overtime Compensation............................................................................... 19
Section 3: Compensatory 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
Section1: Medical..........................................................................................................22
Section2: Cafeteria Plan ................................................................................................. 22
Section3: Dental........................................................................................................... 23
Section4: Vision............................................................................................................ 23
Section 5: Life Insurance................................................................................................ 23
Section 6: Deferred Compensation................................................................................. 23
Section 7: Other City Employee Programs.................................................................... 24
ARTICLE EIGHT: RETIREMENT
Section1: P.E.R.S......................................................................................................... 25
Section 2: P.E.R.S. Supplemental Plans......................................................................... 25
Section 3: Retiree Medical.............................................................................................. 25
ARTICLE NINE: HOLIDAYS
3
Section1: Holidays........................................................................................................ 27
Section 2: 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
Section 2: 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
GrievanceProcedure.................................................................................................................38
ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
DisciplineProcedure.................................................................................................................41
4
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee........................................................................................ 45
SIGNATURE PAGE
Signatures............................................................................................................................. 46
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, 20196. 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, gas 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 Cit}'s vehicle use policy.
Release time as provided for in any of the above sections shalt not result in the City incurring any
overtime.
Section 6: Management Ri¢hts
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;
■ 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 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, intimidated, restrained coerced or
discriminated against because of the exercise of these rights.
10
ARTICLE TWO
LEGAL LINIITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Le¢al Limitations and Savin¢s 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, 20196, and shall remain in full force and effect up to and
including midnight, the 30th day of June 202244, 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,
20224-9 and March 1, 202249.
Section 3: Maintenance of Existin¢ 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: Oreanizational Securi
Upon recut of written certification from the Union of an employee's voluntary authorization for
the deduction, the City shall deduct and remit to the Union the Union's initiation fee and periodic
dues for members of the Union. Should there be a dispute regarding the existence or terms of the
authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of
the authorization(s) signed by the emolovee.
Dues and/or fees 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. Dues and/or
fees shall be deducted from the first and second paycheck of each month and remitted to the Union
by the last business day of the month.
The City shall not deduct money specifically earmarked for a PAC or other pglitical 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 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 shall provide protection to the City by indemnifying, defending and holding the City
harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause
of action arising out of the operation of this article.
Upon the vehta4ary %qit4en authorization of bafgaining unit employees, the City shall deduat and
remit to the Unien the Unien's initiation fee and pefiedie dues fer members ef the Union.
Any unit member who is not a member of the Unio ,, who does not make appl:eation f member -ship %rithin thiFty(30) days fellevvingthe effeetive date of this pafagr-aph, or-, fe-Fthe-sie hiFed
shall beeeme a mem-h- eff a- f Ube Union eF pay ie the union a fee in an amount equal to the UnieWs
fee in the same ffhvmer- as pfe-Aded in the pamgraph abeve.
13
..stit..te generally, just and reasonable cause for termination.
— Formatted: Indent: Left: 0", Tab stops: 0.25", Left +Not
The City shall not be obligated to put into effeet any new, ehanged or- diseontinued deduetion-antil- at 0.5"
a pay period eoffffnenees fifteeft (15) working days of fflefe after stieh submission. Formatted: Tab stops: 0.25", Left + Not at
t- Formatted: Indent: Left: 0", Tab stops: 0.25", Left + Not
—
No unit fnembef shall be fequired to join the Uffiefi eF tO Make an ageney fee payment if the tmit
at 0.5"
..,her is an e..t,.el . ..:fied ,., mbeff of a he..e fide religion body. o eat which has h:..te..:eall..
exemption shall not be granted wiless and umil sueh unit fnember has verified the speeifie
eintimstanees. Sueh employee must, instead, afrunge with the Union to satisfy his/hef obligmien
b� donating the equivalent _ t,neft labnon religionehe able fund ae
,v Revenue !'..de ehe ., by the effi..le
-- - - Formatted: Indent: Left: 0", Tab stops: 0.25", Left +Not
"efiever- a tmit fnefnber beeofnes delinquent in the payment ef dues OF fees, the Ufii�� at 0.5"
the unit fnember written nefiee thefeef and fifteen (15) days to etwe the delinqueney; a eep), of sai t Formatted: Tab stops: 0.25", Left + Not at 0.38"
nefiee shall be for -warded to the Human Resoufees Department. In the event the unit fnember fails
to cure said del:.,e..ene., the i nien shell request, in vAiting, that the City initiate ten..:nat:e..
..:F,..elly e..el..ded from the fly:eNrance, A ppeal,' A r-bit....tion p cedures
Section 2: Contracting Out Provision
14
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.
15
ARTICLE FOUR
COMPENSATION
Section 1: Salaries
eaeh employee Fepr-esenled in the IBEW Union shall be plaeed within the proposed gmde
and s pay r ..t result of the City wide e1eaaeet:e_ and compensation turfy base
upon the 75d-r , at the grade and s4ep that is eleses4 to but not less
dim Ms/h ff a ...e t Lane s lafy if the .ashes a unable fe finalize all elassifieatien ti a
these disputeseempensatien studies by July 1, 2016, the pai4ies agree te finalize the studies no Wer th
seetien shall have stieh ehange retmaetively implemented to july 10, 2016 as seen as the
paffies finalize the elassifieation and eempensatien study. The pafties f6fther- agree that i
B-. Empleyees who aFe above th nmended grade and step plan shall be V fate
and their- respeetive salaries frezea during the tefm of tWs eentmet, and SM! not be eligible
below, if they aFe still above step five of their- elassifieafien salary Fange.
A. Effeetive J* 10, 2016 (the first day ef the fint fid! pay period in Fiseal Year- 2016 2017)i
eligible empleyees e_r e TT e _ n the rREW Union shallr-e a at (29 ) 1
C --Effective August 20, 2019 base salaries for the represented classifications shall be increased
three percent (3%).
B. Effeetive My 9, 2017 (the first day ef the first full pay pefied of Fiseal Year- 2017 2048*,
eligible ibl loyees repFesented in the IBEW Union se hall t (2 of ) l
D. Effective July 5. 2020 (the first full pay period in Fiscal year 2020-2021 base salaries for
the represented classifications shall be increased three percent 0%).
C. Eff etiye ly 4 2018 (the first day of the fi fst fall pay ed of Fiscal Year 2018 20W
Y,
O
a4*tment-.
E: Effective July 4. 2021 (the first full pay period in Fiscal year 2021-2022) base salaries for
the represented classifications shall be increased three percent (30/6).
1D. Attached as "Addendum C" is a listing of the IBEW represented positions and the hourly,
monthly or annual salaries of each classification and a notation of the benchmarked
positions. It is understood that the information listed in Addendum C may become outdated
during the term of this Agreement.
16
Section 2: Merit Steps
A. Effective ittly 144nu, Eemployees who are not at the top step of their Classification
Compensation Plan shall move to the next step on the Plan, if the employee achieved an
overall "above average" as of their
immediately preceding annual performance evaluation s).
yeam of this Agreen*eM only, the City agFees te pfeN4de merit salaFy advanees to employees
whe aehieve an everall "above average" as of the:- : ...edi rely . eeding pef f fmanee
evaluation (s). Employees shall sentinue te reeeive their aaffiffil evaluations as sehedule
iR the Cit. 's Pef f Finanee C.,aluation Rolie., and o playees ... a than RAP
B. The merit salary advances earned during the fiscal ye az FY 16 17 fiseal year -shall go into
effect at the beginning of the first full pay period of the fiscal year. en My 9. 2017. The
b;—ise l on the Cit y's financial position to a&;d- the me -it s-alaffy a.i..anees
C. The effective date of these merit salary advances (described in Section B above) shall not
alter the employee's actual classification anniversary date.
Section 3: Temnorary Uo¢rade Pav - Special Assienment
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 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
17
completion of a proficiency test as determined 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: Lon¢evity 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.
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 OncrAfter July 1 1994 and before December 31, 2013.
The longevity program described in this Section will apply to all employees employed on or
18
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
salary and that would provide a minimum of a five percent (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 H-2, Reclassification Plan for specific terms and policy.
19
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), sick time, vacation time, compensatory time, paid jury
duty leave, and bereavement leave shall count as time worked for the purposes of computing
overtime. 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.
20
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.
FX
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 $200.00 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 hired after January I' will be eligible for a pro -rated amount as follows:
Hired, Promoted, or Reclassified on or between:
Safety Boot/Shoe Allowance
Janus 1 — March 31
$200
A ril 1 — June 30
$150
Jul 1 — September 30
$100
October 1 — December 31
$50
Employees receiving the boot/shoe allowance are required to wear the prescribed boots/shoes at all
times while in the field or as required.en-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.
22
— Formatted Table
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 July 1, 2016. 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. Effective July 1, 2016, the City shall provide a contribution equal to the total premium costs
of- Employee -Only, Employee + Spouse, Employee + Child(ren), or Employee + Family
lowest -cost HMO, lowest -cost Dental DMO, and lowest cost vision plan that corresponds
with the employees' benefit selection. Employees who elect a health plan whose premium
cost is higher than the Low HMO medical, dental and vision, will be responsible for any
applicable excess premium costs. However, if an employee opts out of dental and/or vision
coverage, then they may use these allotments for those respective coverages to pay towards
the excess medical premiums. The City understands that the allotment amounts will vary
based on the premium costs that go into effect on January 1 of each calendar year of the
term of this Agreement.
B. During the term of this Agreement, Employees will be allowed to opt in to the Employee +
Family plan during any open enrollment period or upon a qualifying event as prescribed and
defined by the City's insurance provider.
C. For Employees electing Employee -Only, Employee + Spouse or Employee + Child(ren)
plans, the maximum contribution by the City shall be either the amount set forth in Section
A or $1120, whichever is greater. 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,
23
not to exceed $870 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 $870 shall be paid by the employee
through a pre-tax payroll deduction.
Employees who are military veterans who receive medical coverage through the Veterans
Administration (VA) shall be exempt from the requirement to enroll in the City's medical
plan. Employees who have medical coverage through the VA shall still be entitled to enroll
in the City's dental, vision insurance and to purchase other supplemental benefits up to the
amount they would have received for their elected VA medical coverage tier. For example,
if an employee who receives medical insurance through the VA elects Employee Only
medical coverage tier, then he or she is eligible to receive cafeteria benefit amount up to the
lowest cost HMO employee only tier.
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 Gity shall pay 1001% of the ees4
e€ sueh a plan fer empleyees, as designated by their eleet .odieal eeverage.. All premiums
for vision coverage at each tier of coverage are to be deducted from the total monthly city
contribution for Medical, Dental and Vision coverage. 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. The �''� y agfees
that all : e ..ea benefit . nts specified in the Cot lie.-nen Visti n Plan (CVVP) that r n
Section 5: Life Insurance
The City provides a $20,000 life insurance up to $20,000 in coverage 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 eve
an employee does nes eweeed- hisAer monthly employer medical allOWanee, the efflp!0�'ee shall
be allowed to apply an), unused peftien towaFds the pufehase of additional provided coverage fei-
Section 6: Deferred Compensation
24
Employees are eligible to participate in the City's Deferred Compensation Program. Should the
City adopt a resolution that allows employees to contribute accrued sick leave to deferred
compensation contributions, the parties agree to re -open this provision to allow IBEW-represented
employees to participate in such program.
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
25
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 1BEW 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
CalPERS 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.
1BEW 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.
The City makes no representation as to whether any of the compensation or payments in this
Agreement are subject to CalPERS service credit or pensionable income. Employees/Union
expressly acknowledge that any determination by CalPERS to not fully credit the compensation
and/or service time provided under this Agreement is not a proper basis on which to void the
Agreement. Employees/Union further acknowledge that they will not pursue any claim or
action against the City related to any determination made by CalPERS in connection with this
Agreement.
Effective August 20 2019 in accordance with Government Code Section 20516(f) pursuant to a
cost -sharing arrangement all employees designated as "classic" employees and enrolled in the
"classic" retirement benefit formula shall share the cost of the employer CalPERS contribution by
paving an additional 1% of CalPERS reportable compensation for a total contribution of nine
percent (9%).
Effective July 5 2020 in accordance with Government Code Section 20516(f) pursuant to a cost -
sharing arrangement all employees designated as "classic" employees and enrolled in the
"classic" retirement benefit formula shall share the cost of the employer CalPERS contribution by
paving an additional 1% of CalPERS reportable compensation for a total contribution of ten
percent (10%).
Effective July 4 2021 in accordance with Government Code Section 20516(f) pursuant to a
cost -sharing arrangement all employees designated as "classic" employees and enrolled in the
"classic" retirement benefit formula shall share the cost of the employer CalPERS contribution
by paving an additional 1% of CalPERS reportable compensation for a total contribution of
eleven percent 01%).
Section 2: Supplemental PERS Retirement Benefits
?6
Formatted: Indent: First line: 0"
rrormatt d., Indent: First line: 0"
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 sixty (60) 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 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. Eligible retired employees may opt not to enroll in the City's medical and/or dental
insurance coverage and instead receive a monthly reimbursement payment
equivalent to the then -current lowest cost City -offered Employee -only medical -
HMO and/or dental HMO insurance premium. An eligible retired employee who
chooses this option and later has no reimbursable expenses is still eligible to receive
the reimbursement at a later time when he or she does have qualifying reimbursable
expenses. Once an employee who has opted out reaches Medi-care eligibility, the
retiree shall receive a monthly reimbursement equal to the then -current cost of
supplemental coverage. Once a retired employee opts not to enroll in the City's
medical and/or dental insurance, he or she will not be allowed to re -enroll in the
City's health plans.
D. All full-time regular employees, who retire with a minimum of ten (10) years of
continuous uninterrupted service with the City may pay the premium(s) for
medical and/or dental insurance.
E. All retiree medical and/or dental insurance benefits provided pursuant to
27
subsections A, B, and C above, shall be for retired employees only and shall not
include their spouses or other dependents.
F. 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.
G. 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.
H. The offer of the retiree medical benefits is not a vested right for future years.
29
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.
l . January I" - New Year's Day
2. The 3rd Monday in January — Martin Luther King, Jr. Day
3. The Yd Monday in February — Presidents' Day
4. March 31' — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 40' — Independence Day
7. The fast Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November I I's — Veterans Day
10. The 4d Thursday in November — Thanksgiving Day
11. December 24'h — Christmas Eve
12. December 25`h — Christmas Day
13. December 31 ' —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.
29
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' 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 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.
30
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
Vacation Hours Earned Bi-Weekly Accrual
I' year thru 4' year
80
3.08
5`h year thru 9`h year
100
3.85
10`, year thru 10 year
120
4.62
151, year thru 20 year
160
6.16
25" year and more
190
7.31
12-Hour Rotation Shift (DuPont Schedule):
1 St year thru 9a' year
120
4.62
101, year thru 140' year
160
6.16
150' 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 3anuafy FebruM of each year, employees shall be compensated for unused accrued
vacation benefit in excess of the allowed accumulated amount referenced above. Cash -out
monies may be taken as cash or may be contributed to the emplo}ee's 457 deferred
compensation account subject to the rules of the plan.
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
31
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 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.
32
ARTICLE ELEVEN
SICK LEAVE
Section 1: Sick Leave
Full-time 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 full-time 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. Part-time and temporary
employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall
be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. 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 cant' -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 in or about Febr uuy of each year € F-at
the end of the yeaf at 50% of the employee's hourly rate. Cash -out monies may be taken as
cash or may be contributed to the employee's 457 deferred compensation account subject to
the rules of the plan.
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 or a
qualified medical professional approved by 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. Empleyees employed for- a eent_. —_— per - ea of five (5) yeas
-' more,but less
ihan ten (lm y immediately eeding said ..etiFeme„t s..abil:t ,
t \ -;hall payment able to twenty five penew O
accumulated a d im-n-imigedd siek I eavve. Upon the death of sueh peFsen so employed
the
t to i.e..ei:e:e«., eF the ,levee..e.l �I"..Il .. e:.l payment. death,
estate a bene-.e..-.J - -.._ .-___a._- _._-...--e--- said payment.
• Formatted: Indent: LeR: 1.25", No bullets or numbering
a If an ern llUee resigns from the City with 20 years or more of continuous
service he/she will be compensated for all unused sick leave hours in his/her
33
sick leave bank at the time of separation at 50% of his/her then current regular
hourly rate of pay.
b. If an employee retires from the City with 15 to 20 years of continuous service,
he/she will be compensated for all unused sick leave hours in his/her sick leave
bank at the time of separation at 50% of his/her then current regular hourly rate
of pay. If an employee retires from the City with more than 20 years of
continuous service, he/she will be compensated for all unused sick leave hours
in his/her/ sick leave bank at the time of separation at 100% of his/her then
current regular hourly rate of pay.
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.
34
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. Employees shall notify their supervisor on the day
they are released from their jury duty obligations.
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.
35
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
Step -Parent -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'
4 work days
Sister-in-law'
4 work days
For purposes of this provision, "brother-in-law" and "sister-in-law" are defined as the 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 teaming 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.
36
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.
Vernon Gas & Electric Utilities Dispatchers and Electric Operators are assigned to these
shifts.
Section A: General 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 ten calendar days prior to the change unless agreed to earlier by
the effected employee(s) and the Director of Gas & Electric or designee.
Day 1 of these Dupont schedules typically begin on a Monday but Day 1 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.
Section B: DuPont 4 Schedule
The DuPont 4 schedule consists of 4 crews rotating in 12 hour shifts day and night to provide 24/
7 coverage. The DuPont 4 schedule consists of a 4-week cycle during which each team works as
follows:
37
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.
Section C: Dupont 5 Schedule
The DuPont 5 schedule consists of 5 crews rotating in 12 hour shifts day and night to provide 24/
7 coverage. The DuPont 5 schedule consists of a 10-week cycle during which 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 4 consecutive days off duty;
4 consecutive relief shifts (12 hours), followed by 6 consecutive days off duty;
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 4 consecutive days off duty;
3 consecutive relief shifts (12 hours), followed by 7 consecutive days off duty;
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
38
The stand-by rotation list for employees working under the DuPont 4 or DuPont 5 Schedule will
be filled through a mandatory rotation list during the employees' 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 6 or 7-day off cycle under the DuPont 4 or 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 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.
39
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
Employees shall have the right to present their own grievance or do so through their Union
representative.
Grievances shall be processed on standard forms provided by the Department of Human Resources
and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of
the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of
the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied,
(e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective
action desired. Grievances may be submitted via email, so long as the employee attaches the
grievance form to the email by the required time line. If an employee includes attachments to the
grievance form and those attachments are not included in the email or in -person submission, the
City shall notify the employee that all attachments were not included and that the deadline for the
City to respond to the grievance will not begin to run until all the attachments are received.
Failure by management to reply to the employee's grievance within the time limits specified
automatically grants the employee the right to process the grievance to the next level. If an
employee fails to appeal from one level to the next within the time limits established in this
grievance procedure, the grievance shall be considered settled on the basis of the last decision and
the grievance shall not be subject to further appeal or reconsideration.
All the time periods specified in this procedure may be extended by mutual written (including email)
consent of the aggrieved employee(s), Union representative and the designated management
representative.
Informal Procedure
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 may discuss the complaint with his/her
immediate supervisor. Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee, at his or her sole discretion, may opt to skip the Informal Procedure resolution process
40
and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure,
he/she or their union representative shall inform the Human Resources Director, within one day of
initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the
informal grievance was first discussed with his/her supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to
the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond, the
employee shall have access to the formal process described below.
Formal Procedure
Step One - Immediate Supervisor
Within the time period referenced above or, if the employee chooses to skip the Informal Procedure,
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 in writing as prescribed above 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 eight (8) days.
Step Two - Department Director
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 eight (8) 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 eight (8) days,
the Department Director, or the designee of the Department Director, shall meet with the Union or
employee(s) to hear the grievance. Within eight (8) 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 submit a written request, within eight (8) days of the written decision of
the Department Director, 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 shall be final and
binding.
41
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. 50/50) 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.
42
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.
DAYS
Days shall be defined for the purposes of this Article as anv day in which the City Hall is open to
the public for the eeneral conduct of business.
Disciulinary 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.
43
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.
Emplovee ReWonse/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/herself, 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
44
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..
Appeal Procedures
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any termination,
suspension of thiF#y-(39) houfsfive (5) working days 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. Except as set
forth below. Tthe decision of the Arbitrator will become final unless the City or the
employee/union elects to pursue judicial review under CCP § 1094.5.
45
5.6.For arbitration appeals of major discipline at the level of termination, the recommendation
of an arbitrator shall be advisory to the City Administrator or designee through the term
of this Memorandum of Understanding. The decision of the City Administrator shall be
final and binding. The decision of the City Administrator will become final unless the
City of the employee/union elects to pursue judicial review under CCP & 1094.5.
Advisoy arbitration for termination cases shall revert to binding arbitration after June 30,
2022, unless the parties mutually agree and negotiate otherwise.
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.
An employee desiring to appeal disciplinary action defined as "Minor Discipline" shall have ten
(10) days after receipt of the final Notice of Determination to request an appeal to the City
Administrator or designee. The employee's request for appeal must be addressed to the Citv
Administrator and received by the Human Resources Department.
designee.iateFview Yvith the DepaFtmei3A Direetor- or- his/her- designee in order- to diseuss the appeal.
The Depaftment Dkeeter- or- designee shall render- his/her- deeision in %fiting within fifteen (15)
days of meeiviag the appeal. if the Depanment Dir-eetff and employee are unable to aiT-ive at -a
satisfaeiery solution, the empleyee may, wMia fifteen (IS) days fiefn the date of the deeision by
the Depaftment Dir-eetEw-, submit a written appeal te the City AdRiWstfater- or- 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 hearing the appeal the
cenelusion of the hearing as possible and in no event later than thirty (30) days after the appeal
meetin ,eeaduefing the heafing. 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.
46
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.
47
SIGNATURE PAGE
CITY OF VERNON
Carlos R. Fandino Jr.
City Administrator
Michael A. Earl
Director of Human Resources
Lisette M. Grizzelle
Senior Human Resources Analyst
APPROVED AS TO FORM:
Zaynah Moussa, Senior Deputy City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
Deborah A. Harrington, Interim City Clerk
48
IBEW LOCAL 47
Pat Lavin
Business Manager/Financial Secretary
Stan Stosel
Senior Assistant Business Manager
John Baca
IBEW Business Representative
Jorrie V. Estrada
Union Committee Member
Edwin R. Ochoa
Union Committee Member
Ruben Rodriguez
Union Committee Member
Dated:
PER
IBEW: Addendum A
IBEW Position Titles
ASSISTANT RESOURCE SCHEDULER
ASSOCIATE ELECTRICAL ENGINEER
ASSOCIATE RESOURCE SCHEDULER _
ELECTRIC OPERATOR
ELECTRICAL ENGINEER
ELECTRICAL TEST TECHNICIAN
;ELECTRICAL TEST TECHNICIAN, SENIOR
FGAS SYSTEMS SPECIALIST
GAS SYSTEMS TECHNICIAN
METERING TECHNICIAN
METERING TECHNICIAN, SENIOR
POWER PLANT OPERATOR
PRINCIPAL RESOURCE SCHEDULER/TRADER
RESOURCE PLANNER
RESOURCE SCHEDULER _
UTILITIES DISPATCHER
UTILITIES DISPATCHER, SENIOR~
:UTILITIES OPERATIONS TRAINEE
UTILITIES PROJECT COORDINATOR
IBEW: Addendum B
Section 1: Utilities Operations Trainee
1) Effective August 20, 2019, the base monthly salary of a Utilities Operations Trainee shall be:
Grade 123
Step 1
$
5,890
Step 2
$
6,184
Step 3
$
6,493
Step 4
$
6,818
Step 5
$
7,159
Section 2: Gas Systems Technician
1) Effective August 20, 2019, the base monthly salary of a Gas Systems Technician shall be:
Grade 126
Step 1
$
6,818
Step 2
$
7,159
Step 3
$
7,517
Step 4
$
7,893
Step 5
$
8,287
Section 3: Assistant Resource Scheduler & Power Plant Operator
1) Effective August 20, 2019, the base monthly salary of an Associate Resource Scheduler and Power
Plant Operator shall be:
Grade 128
Step 1
$
7,517
Step 2
$
7,893
Step 3
$
8,287
Step 4
$
8,702
Step 5
$
9,137
IBEW: Addendum B
Section 4: Electrical Test Technician & Metering Technician
1) Effective August 20, 2019, the base monthly salary of an Electrical Test Technician and Metering
Technician shall be:
Grade 129
Step 1
$
7,893
Step 2
$
8,287
Step 3
$
8,702
Step 4
$
9,137
Step 5
$
9,594
Section 5: Associate Electrical Engineer, Associate Resources Scheduler, Electric Operator, &
Gas Systems Specialist
1) Effective August 20, 2019, the base monthly salary of an Associate Electrical Engineer, Associate
Resources Scheduler, Electrical Operator, and Gas Systems Specialist shall be:
Grade 130
Step 1
$
8,287
Step 2
$
8,702
Step 3
$
9,137
Step 4
$
9,594
Step 5
$
10,073
Section 6: Electrical Test Technician, Senior & Metering Technician, Senior
1) Effective August 20, 2019, the base monthly salary of an Electrical Test Technician, Senior and
Metering Technician, Senior shall be:
Grade 131
Step 1
$
8,702
Step 2
$
9,137
Step 3
$
9,594
Step 4
$
10,073
Step 5
$
10,577
IBEW: Addendum B
Section 7: Resource Scheduler
1) Effective August 20, 2019), the base monthly salary of a Resource Scheduler shall be:
Grade 132
Step 1
$
9,137
Step 2
$
9,594
Step 3
$
10,073
Step 4
$
10,577
Step 5
$
11,106
Section 8: Utilities Dispatcher & Utilities Project Coordinator
1) Effective August 20, 2019, the base monthly salary of a Utilities Dispatcher and Utilities Project
Coordinator shall be:
Grade 13 3
Step 1
$
9,594
Step 2
$
10,073
Step 3
$
10,577
Step 4
$
11,106
Step 5
$
11,661
Section 9: Principal Resource Scheduler/Trader & Utilities Dispatcher, Senior
1) Effective August 20, 2019, the base monthly salary of a Principal Resource Scheduler and Utilities
Dispatcher, Senior shall be:
Grade 134
Step 1
$
10,073
Step 2
$
10,577
Step 3
$
11,106
Step 4
$
11,661
Step 5
$
12,244
IBEW: Addendum B
Section 10: Electrical Engineer & Resource Planner
1) Effective August 20, 2019, the base monthly salary of an Electrical Engineer and Resource Planner
shall be:
Grade 135
Step 1
$
10,577
Step 2
$
11,106
Step 3
$
11,661
Step 4
$
12,244
Step 5
$
12,856
FULLY EXECUTED
AGREEMENT
SIGNATURE ROUTING FORM
CONTRACTOR: International Brotherhood of Electrical Workers Local 47 (BEW)
CONTRACT PURPOSE: Memorandum of Understanding July 1. 2019 through June 30, 2022
CONTRACT IS: 0 FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
❑ SERVICES O MATERIALS D BUDGETED O NOT BUDGETED
TOTAL CONTRACT VALUE: Charge Acct. No(s)
Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable)
RESPONSBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239
AUTHORIZATION: &Approved by Council on 9/03/2019
(Check one and attach Resolution No. 2019-37 (if applicable)
supporting documentation)
❑ Approved by City Administrator on
❑ Approved by Finance Director on
ROUTING SEQUENCE: (Please Follow In Order)
Initials Date
(1) Responsible Department Person `
Certifies compliance with Competitive Bidding and Purchasing Ordinance,
obtains approval from City Council/City Administrator/Finance Director, and obtains
approval as to fomt from the City Anomey's Office, assembles two (2) originals of contract,
obtains proper signatures from contractor/consultant pursuant to the signature requirements,
obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the
City's website (if applicable), enters contract into Eden once routing process is complete.
(2) Liability and Claims p,
Approves insurance and sureties, if bonds required. _1/� "' -
(3) Finance (Purchasing)
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget.
(4) City ons
Approvesves contract as to form.
(5) City Signatory ,/ a
Signs document on behalf of City. 1
(6) City Clerk �)
Attests signatures, numbers and files contract, enters contract documents
(executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche,
transmits duplicate original to contractor/consultant, notifies Responsible Department Person,
and notifies any "consultant' of duties to file Form 700, if applicable.
L'23SROrl
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL 47
July 1, 2019 through June 30, 2022
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
n
ARTICLE ONE: FUNDAMENTALS
Recognition................................................................................................
7
NoDiscrimination.......................................................................................
7
No Strikes or Lockouts.................................................................................
7
City/Union Meetings..................................................................................
7
UnionBusiness............................................................................................
7
ManagementRights......................................................................................
9
EmployeeRights...........................................................................................10
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1:
Legal Limitations and Savings Clause.........................................................
11
Section2:
Term..............................................................................................................
I1
Section 3:
Maintenance of Existing Conditions.............................................................
I I
Section 4:
Modification and Waiver..............................................................................
12
Section5:
Severability....................................................................................................
12
ARTICLE THREE: ORGANIZATIONAL SECURITY
Section 1:
Organizational Security.................................................................................
13
Section 2:
Contracting Out Provision.............................................................................13
ARTICLE FOUR: COMPENSATION
SectionI: Salaries.......................................................................................................... 14
Section2: Merit Steps................................................................................................... 14
Section 3: Temporary Upgrade Pay — Special Assignment ......................................... 14
Section4: Bilingual Pay................................................................................................. 15
2
Section5:
Longevity Pay...............................................................................................
15
Section6:
Promotions...................................................................................................
16
Section 7:
Reclassification..............................................................................................
16
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization.................................................................................17
Section 2:
Overtime Compensation...............................................................................
17
Section 3:
Compensatory Time......................................................................................
17
Section4:
Call Backs....................................................................................................
18
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section1:
Uniforms........................................................................................................19
Section 2:
Safety Boot/Shoe Allowance........................................................................
19
ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section1:
Medical..........................................................................................................20
Section2:
Cafeteria Plan.................................................................................................20
Section3:
Dental...........................................................................................................
21
Section4:
Vision............................................................................................................
21
Section5:
Life Insurance................................................................................................21
Section 6:
Deferred Compensation.................................................................................21
Section 7:
Other City Employee Programs....................................................................
22
ARTICLE EIGHT: RETIREMENT
Section1:
P.E.R.S.........................................................................................................
23
Section 2:
Supplemental PERS Retirement Benefits......................................................24
Section3:
Retiree Medical..............................................................................................
24
ARTICLE NINE: HOLIDAYS
3
Section 1: Holidays .............
Section 2: In -Lieu Holidays
ARTICLE TEN: VACATION
Section 1:
Vacation Leave............
Section 2:
Vacation Accumulation
Section 3:
Scheduling of Vacation.
ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave...........
Section 2: Family Sick Leave
ARTICLE TWELVE: LEAVE BENEFITS
Section L
Jury Duty ...........................
Section 2:
Military Leave of Absence
Section 3:
Bereavement Leave ............
ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
26
28
28
29
30
32
32
32
Section1:
Provisions.........................................................................................................
34
Section 2:
4/10 Work Schedule..........................................................................................34
Section3:
DuPont Schedule...............................................................................................34
Section4:
Standby Policy..................................................................................................35
Section 5:
Performance Evaluations..................................................................................36
ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
GrievanceProcedure ................................................................................................................. 37
ARTICLE FIFTEEN: OISCIPLTNE PROCEDURE
DisciplineProcedure ................................................................................................................. 40
4
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee
SIGNATURE PAGE
44
Signatures.............................................................................................................................. 45
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, 2019. 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 of
more salary resolutions be adopted effectuating the following provisions related to salaries, fringe
benefits and other terms of employment for MEW Union members.
ARTICLE ONE
FUNDAMENTALS
Section 1• Recoimition
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, gas 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 yew 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 detemune 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;
■ Detemune 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;
■ To assign work to and schedule employees in accordance with requirements as deteratined
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 Riahts
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, intimidated, restrained coerced or
discriminated against because of the exercise of these rights.
10
ARTICLE TWO
LEGAL LEWTATIONS, 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 pan 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 slate 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, 2019, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2022, 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 I, 2022
and March 1, 2022.
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.
it
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 -Milian -Brown Act.
Section 5• SeverabiBty
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 Securit
Upon receipt of written certification from the Union of an employee's voluntary authorization for
the deduction, the City shall deduct and remit to the Union the Union's initiation fee and periodic
dues for members of the Union. Should there be a dispute regarding the existence or terms of the
authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of
the authorization(s) signed by the employee.
Dues and/or fees 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. Dues and/or
fees shall be deducted from the first and second paycheck of each month and remitted to the Union
by the last business day of the month.
The City shall not deduct money specifically earmarked for a PAC or other political activities unless
such deduction is affrrtnatively, 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 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 shall provide protection to the City by indemnifying, defending and holding the City
harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause
of action arising out of the operation of this article.
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
13
ARTICLE FOUR
COMPENSATION
Section 1: Salaries
A. Effective August 20, 2019, base salaries for the represented classifications shall be increased
three percent (3%).
B. Effective July 5, 2020 (the first full pay period in Fiscal year 2020-2021, base salaries for
the represented classifications shall be increased three percent (3%).
C. Effective July 4, 2021 (the first full pay period in Fiscal year 2021-2022, base salaries for
the represented classifications shall be increased three percent (3%).
D. Attached as "Addendum C" is a listing of the IBEW represented positions and the hourly,
monthly or annual salaries of each classification and a notation of the benchmarked
positions. It is understood that the information listed in Addendum C may become outdated
during the term of this Agreement.
Section 2: Merit Steps
A. Employees who are not at the top step of their Classification Compensation Plan shall move
to the next step on the Plan, if the employee achieved an overall "above average" as of their
immediately preceding annual performance evaluation (s).
B. The merit salary advances earned during the fiscal year shall go into effect at the beginning
of the first full pay period of the fiscal year.
C. The effective date of these merit salary advances (described in Section B above) shall not
alter the employee's actual classification anniversary date.
Section 3: Temporary Upgrade Pay — Special Assignment
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.
14
The employee shall have the option to decline the temporary upgrade.
Section 4• Bilingual 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 as determined 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: Lonaevity Pay
A. Emplovees 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 I, 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 10th anniversary date after July 1, 1987, shall be entitled to
said ten percent (10%) per month upon said anniversary date.
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%)
15
per month upon said anniversary date.
B. Emnlovees Employed OncrAfter 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)Yean 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 Sth
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 11-3, Salary Plan Administration for
specific terns 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
salary and that would provide a minimum of a five percent (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 11-2, Reclassification Plan for specific terms and policy.
16
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 most 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), sick time, vacation time, compensatory time, paid jury
duty leave, and bereavement leave shall count as time worked for the purposes of computing
overtime. 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.
17
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 dues not occur when an employee is held
over from his/her prior shift or is working planned overtime.
M 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.
18
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 $200.00 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 hired after January 1" will be eligible for a pro -rated amount as follows:
Hired, Promoted, or Reclassified on or between:
SafetyBoot/Shoe Allowance
Jan 1 —March 31
$200
April 1—June 30
$150
Jul I —September 30
$100
October 1 — December 31
$50
Employees receiving the boot/shoe allowance are required to wear the prescribed boots/shoes at all
times while in the field or as required. 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.
19
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-eashout), for this bargaining unit
effective July 1, 2016. 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. Effective July 1, 2016, the City shall provide a contribution equal to the total premium costs
of Employee -Only, Employee + Spouse, Employee + Child(ren), or Employee + Family
lowest -cost HMO, lowest -cost Dental DMO, and lowest cost vision plan that corresponds
with the employees' benefit selection. Employees who elect a health plan whose premium
cost is higher than the Low HMO medical, dental and vision, will be responsible for any
applicable excess premium costs. However, if an employee opts out of dental and/or vision
coverage, then they may use these allotments for those respective coverages to pay towards
the excess medical premiums. The City understands that the allotment amounts will vary
based on the premium costs that go into effect on January 1 of each calendar year of the
term of this Agreement.
B. During the term of this Agreement, Employees will be allowed to opt in to the Employee +
Family plan during any open enrollment period or upon a qualifying event as prescribed and
defined by the City's insurance provider.
C. For Employees electing Employee -Only, Employee + Spouse or Employee + Child(ren)
plans, the maximum contribution by the City shall be either the amount set forth in Section
A or $1120, whichever is greater. 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,
20
not to exceed $870 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 $870 shall be paid by the employee
through a pre-tax payroll deduction.
Employees who are military veterans who receive medical coverage through the Veterans
Administration (VA) shall be exempt from the requirement to enroll in the City's medical
plan. Employees who have medical coverage through the VA shall still be entitled to enroll
in the City's dental, vision insurance and to purchase other supplemental benefits up to the
amount they would have received for their elected VA medical coverage tier. For example,
if an employee who receives medical insurance through the VA elects Employee Only
medical coverage tier, then he or she is eligible to receive cafeteria benefit amount up to the
lowest cost HMO employee only tier.
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. All premiums for vision coverage at
each tier of coverage are to be deducted from the total monthly city contribution for Medical, Dental
and Vision coverage. 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 life insurance up to $20,000 in coverage 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.
Section 6: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program. Should the
City adopt a resolution that allows employees to contribute accrued sick leave to deferred
compensation contributions, the parties agree to re -open this provision to allow fBEW-represented
employees to participate in such program.
21
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
22
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
CalPERS 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 ate amended during the term of this contract.
The City makes no representation as to whether any of the compensation or payments in this
Agreement are subject to Ca1PERS service credit or pensionable income. Employees/Union
expressly acknowledge that any determination by CalPERS to not fully credit the compensation
and/or service time provided under this Agreement is not a proper basis on which to void the
Agreement. Employees(Union further acknowledge that they will not pursue any claim or
action against the City related to any determination made by CalPERS in connection with this
Agreement.
Effective August 20, 2019, in accordance with Government Code Section 20516(1) pursuant to a
cost -sharing arrangement, all employees designated as "classic" employees and enrolled in the
"classic" retirement benefit formula shall share the cost of the employer CAPERS contribution by
paying an additional 1% of CalPERS reportable compensation for a total contribution of nine
percent (9%).
Effective July 5, 2020, in accordance with Government Code Section 20516(f) pursuant to a cost -
sharing arrangement, all employees designated as 'classic" employees and enrolled in the
"classic" retirement benefit formula shall share the cost of the employer CalPERS contribution by
paying an additional 1% of CalPERS reportable compensation for a total contribution of ten
percent (10%).
Effective July 4, 2021, in accordance with Government Code Section 20516(f) pursuant to a
cost -sharing arrangement, all employees designated as `classic" employees and enrolled in the
"classic" retirement benefit formula shall share the cost of the employer CalPERS contribution
by paying an additional 1 % of CalPERS reportable compensation for a total contribution of
eleven percent (I1%).
23
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to MEW employees
under PERS as follows:
• Gov't Code Section: 20042 — (Classic Members Only) One Year Final Comcensation
• 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 sixty (60) 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 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. Eligible retired employees may opt not to enroll in the City's medical and/or dental
insurance coverage and instead receive a monthly reimbursement payment
equivalent to the then -current lowest cost City -offered Employee -only medical -
HMO and/or dental HMO insurance premium. An eligible retired employee who
chooses this option and later has no reimbursable expenses is still eligible to receive
the reimbursement at a later time when he or she does have qualifying reimbursable
expenses. Once an employee who has opted out reaches Medi-care eligibility, the
retiree shall receive a monthly reimbursement equal to the then -current cost of
supplemental coverage. Once a retired employee opts not to enroll in the City's
medical and/or dental insurance, he or she will not be allowed to recall in the
City's health plans.
D. All full-time regular employees, who retire with a minimum of ten (10) years of
continuous uninterrupted service with the City may pay the premium(s) for
medical and/or dental insurance.
24
E. 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.
F. 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.
G. 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.
H. The offer of the retiree medical benefits is not a vested right for future years.
25
ARTICLE NINE
HOLIDAYS
Section 1: Holidays
A. All full-time employees, excluding employees assigned to the 12-horn 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. January 1" - New Year's Day
2. The 3ro Monday in January — Martin Luther King, Jr. Day
3. The 3'" Monday in February — Presidents' Day
4. March 31" — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 0 — Independence Day
7. The first Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November I I" — Veterans Day
10. The 41h Thursday in November — Thanksgiving Day
11. December 24" — Christmas Eve
12. December 25' — 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.
26
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 1" 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 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.
27
ARTICLE TEN
VACATION
Section 1: Vacation leave
All full -lime employees shall accrue vacation according to the following schedule:
4110 Schedule:
Continuous Years of Service
I" year thin 4" year
5'h year thru 9" year
Id" year thin 14" year
15h year thin 24' 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):
I" year thru 9" year 120 4.62
10' year thin 14' year 160 6.16
15" 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 February of each year, employees shall be compensated for unused accrued vacation
benefit in excess of the allowed accumulated amount referenced above. Cash -out monies may
be taken as cash or may be contributed to the employee's 457 deferred compensation account
subject to the rules of the plan.
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.
28
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 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.
i
ARTICLE ELEVEN
SICK LEAVE
Section 1: Sick Leave
Full-time 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 full-time employee works, or is on regular paid status, less
than a full year, the hours of sick leave will accrue on a pro rate basis. Part-time and temporary
employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall
be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee
shall only receive sick leave accrual while they are in a paid status.
A. The City shall allow annual carryover of sick leave hours up to a maximum accrual cap of
960 hours. This bank of carry-over would provide a cushion for longer-tenn 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 in or about February of each year at 50%
of the employee's hourly rate. Cash -out monies may be taken as cash or may be contributed
to the employee's 457 deferred compensation account subject to the rules of the plan.
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 or a
qualified medical professional approved by 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. If an employee resigns from the City with 20 years or more of continuous
service, he/she will be compensated for all unused sick leave hours in his/her
sick leave bank at the time of separation at 50% of his/her then current regular
hourly rate of pay.
b. If an employee retires from the City with 15 to 20 years of continuous service,
he/she will be compensated for all unused sick leave hours in his/her sick leave
bank at the time of separation at 50% of his/her then current regular hourly rate
of pay. If an employee retires from the City with more than 20 years of
30
continuous service, he/she will be compensated for all unused sick leave hours
in his/her/ sick leave bank at the time of separation at 100% of his/her then
current regular hourly rate of pay.
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.
31
ARTICLE TWELVE
LEAVE BENEFITS
Section 1: Jury Du
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 m may be supplied by the court. Employees shall notify their supervisor on the day
they are released from their jury duty obligations.
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 star time ranging between 7:00 a.m. to 9:00 a.m. Monday thm 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.
32
Relative
All Regular Employees
Spouse
4 work days
Child
4 work days
Registered Domestic
Partner
4 work days
Ste 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
Step -Parent -in-law
4 work days
Grandchild
4 work days
Ste 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
1 4 work days
BroMer-in-law`
4 work da
Sister-in-law'
1 4 work days
For purposes of this provision, "brother-in-law" and "sister-in-law" are defined as the 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 leaming 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.
33
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. Vemon Gas & Electric Utilities
Dispatchers and Electric Operators are assigned to these shifts.
Section A: General Provisions
The seven (7) day work period shall begin on Sunday at I2:00 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 fast notifying the
effected employees a minimum of ten calendar days prior to the change unless agreed to earlier by
the effected employee(s) and the Director of Gas & Electric or designee.
Day I of these Dupont schedules typically begin on a Monday but Day I 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.
Section B: DuPont 4 Schedule
The DuPont 4 schedule consists of 4 crews rotating in 12 hour shifts day and night to provide 24/
7 coverage. The DuPont 4 schedule consists of a 4-week cycle during which each team works as
follows:
34
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.
Section C: Dupont 5 Schedule
The DuPont 5 schedule consists of 5 crews rotating in 12 hour shifts day and night to provide 24/
7 coverage. The DuPont 5 schedule consists of a 10-week cycle during which 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 4 consecutive days off duty;
4 consecutive relief shifts (12 hours), followed by 6 consecutive days off duty;
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 4 consecutive days off duty;
3 consecutive relief shifts (12 hours), followed by 7 consecutive days off duty.
Section 4: Standhv 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 4 or DuPont 5 Schedule will
35
be filled through a mandatory rotation list during the employees' 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 6 or 7-day off cycle under the DuPont 4 or 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 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.
36
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
Employees shall have the right to present their own grievance or do so through their Union
representative.
Grievances shall be processed on standard forms provided by the Department of Human Resources
and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of
the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of
the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied,
(e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective
action desired. Grievances may be submitted via email, so long as the employee attaches the
grievance form to the email by the required time line. If an employee includes attachments to the
grievance form and those attachments are not included in the email or in -person submission, the
City shall notify the employee that all attachments were not included and that the deadline for the
City to respond to the grievance will not begin to run until all the attachments are received.
Failure by management to reply to the employee's grievance within the time limits specified
automatically grants the employee the right to process the grievance to the next level. If an
employee fails to appeal from one level to the next within the time limits established in this
grievance procedure, the grievance shall be considered settled on the basis of the last decision and
the grievance shall not be subject to further appeal or reconsideration.
All the time periods specified in this procedure may be extended by mutual written (including email)
consent of the aggrieved employee(s), Union representative and the designated management
representative.
Informal Procedure
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 may discuss the complaint with his/her
immediate supervisor. Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
37
An employee, at his or her sole discretion, may opt to skip the Informal Procedure resolution process
and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure,
he/she or their union representative shall inform the Human Resources Director, within one day of
initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the
informal grievance was fast discussed with his/her supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to
the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond, the
employee shall have access to the formal process described below.
Formal Procedure
Step One - Immediate Supervisor
Within the time period referenced above or, if the employee chooses to skip the Informal Procedure,
within eight (8) days of the date the employees) 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 in writing as prescribed above 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 eight (8) days.
Step Two - Department Director
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 eight (8) 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 eight (8) days,
the Department Director, or the designee of the Department Director, shall meet with the Union or
employee(s) to hear the grievance. Within eight (8) 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 submit a written request, within eight (8) days of the written decision of
the Department Director, 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 shall be final and
38
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. 50/50) 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
39
ARTICLE FIFTEEN
DISCIPLINE PROCEDC
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.
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.
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.
0
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 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.
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/herself, 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
41
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.
Appeal Procedures
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any termination,
suspension of five (5) working days 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. 50/50) 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. Except as set
forth below, the decision of the Arbitrator will become final unless the City or the
employee/union elects to pursue judicial review under CCP § 1094.5.
42
6. For arbitration appeals of major disciphne at the level of termination, the recommendation
of an arbitrator shall be advisory to the City Administrator or designee through the term
of this Memorandum of Understanding. The decision of the City Administrator shall be
final and binding. The decision of the City Administrator will become final unless the
City of the employeetunion elects to pursue judicial review under CCP § 1094.5. Advisory
arbitration for termination cases shall revert to binding arbitration after June 30, 2022,
unless the parties mutually agree and negotiate otherwise.
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.
An employee desiring to appeal disciplinary action defined as "Minor Discipline" shall have ten
(10) days after receipt of the final Notice of Determination to request an appeal to the City
Administrator of designee. The employee's request for appeal must be addressed to the City
Administrator and received in the Human Resources Department.
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 hearing the appeal
as possible and in no event later than thirty (30) days after the appeal meeting. 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
1. 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 Administrators 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.
3. 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.
44
SIGNATURE PAGE
CITY OF VE�N
Carlos dino Jr.
City Administrator
ichael A. arI
Dm9ftor of Human esources
Lisette M. Gt elle
Senior Human Resources Analyst
APPROVED AS TO FORM:
zayn oussa, Senior Deputy City Attorney
IBEW LOCAL 47
Pat Lavm
Business Manager/Financial Secretary
Stan Stosel
Senior Assistant Business Manager
dz/c
to Baca
ssistant Business Manager
'e V. Estrada
men Committee Member
Edwin R. Ochoa
Union Committee Member
RubenRuben Ro�dti uezguezg
Union Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON SEPTE111M 3, 2019 PER
RESOLUTION NO. 2019-37
ATTEST:
Dated: I� 14. 1 ,
®tiEtd001R�)���
Lisa Pope, City Clerk
45
STAFF REPORT
AGENDA APPROVED ITEM
09/03/19, SD
City Council Agenda Item Report
Agenda Item No. COV-399-2019
Submitted by: Michael Earl
Submitting Department: Hunan Resources
Meeting Date: September 3, 2019
SUBJECT
A Resolution of the City Council of the C'ty of Vernon Approving the Memomndrmt of Understanding by and between
the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 (IBEW)
Recommendation:
A. Find that approval of the attached resoltion in ft staff report is exempt from California Environmental Quality Act
(CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the
environment and therefore does not constitute a `project" as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution approving the 2019-2022 Memorandum of Understanding by and between the C'ty of
Vemon and the International Brotherhood of Electrical Workers, Local 47 (IBEW).
Background:
The existing memoranda of understanding (MOU's) between the City of Vernon and the Citys sfx bargaining groups
expired June 30, 2019. Pursuant to C'ty Council diection and authority, negotiations with all sic bargaining groups
began in March 2019. Labor negotiations with the International Brotherhood of Electrical Workers, Local 47 (IBEW),
representing electric operators, dispatchers, engineers, and a variety of technical staff in the Public Utilities Department,
have been ongoing since February 2019 for successor MOU's. On August 12, 2019, the panes reached a tentative
agreement on a successor MOU which was then ratified by the IBEW membership on August 20, 2019. Based on the
direction and authority provided by the City Council, it is recommended that City Council approve a successor
Memorandum of Understanding for the period of July 1, 2019 through June 30, 2022 that reflects the following key
provisions:
* The tens of the agreement is for three (3) years from July I, 2019 through June 30, 2022;
* Revisions to the Organ®tional Security language to reflect cowl rulings that have changed membership, dues, and fee
requirements for empbyces represented by labor organizations;
* A three percent (3%) Cost of Living Adjustment to salaries (COLA) effective August 20, 2019 and subsequently in
July ofeach year during the tern ofthe agreement;
* Employees who are considered to be'Classic" employees as defined by the California Public Employees Retirement
Systems (CeIPERS) will increase the amount paid towards the cost of their retirement bereft by an additional ore
percent (1 %) per year for a total contribution of eleven percent (11 %) by the third year ofthe agreement;
*Revision to the sick leave cash out prevision mirroring that ofother bargaining groups;
* Revisions to the discipline appeal language irplememirg advisory arbitration for appeals ofterminations during the
tens ofthe agreement;
* Various minor language changes to update and or eli tinate outdated or obsolete language that is either no longer in
effect or required update to reflect current practices.
The charges from the previous MOU are highlighted in the attached proposed draft 2019 - 2022 MOU
AGENDA APPROVED ITEM
09/03/19, SD
Fiscal Impact:
The fiscal irMact ofthese proposed changes is approxfiretely $111,038 for fiscal year 2019/2020. Funds have been
included in the proposed FY 20192020 budget.
ATTACHMENTS
I. Resahnion- IBEW MOU 2019-2022
AGENDA APPROVED ITEM
09/03/19, SD
RESOLUTION NO.
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, 2019 THROUGH
JUNE 30, 2022
WHEREAS, the International Brotherhood of Electrical Workers
Local 47 ("IBEW") has been recognized as an employee organization
pursuant to Resolution No. 4027; and
WHEREAS, on July 12, 2016, the City Council of the City of
Vernon adopted Resolution No. 2016-41 approving a Memorandum of
Understanding by and between the City and the IBEW for the period of July
1, 2016 through June 30, 2019; and
WHEREAS, the City and IBEW have concluded labor negotiations
regarding wages, benefits and working conditions for period of
July 1, 2019 through June 30, 2022; 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, 2019 through June 30, 2022; 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
AGENDA APPROVED ITEM
09103/19, SD
Act ("CEQA") review, because it is an administrative action that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
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 the copy which is 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 Interim City Clerk, or the Interim City Clerk's designee,
to send a fully executed MOU to Stan Stosel, IBEW Local 47 Senior
Assistant Business Manager.
AGENDA APPROVED ITEM
09/03/19, SD
SECTION 6: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this resolution,
and the Interim City Clerk of the City of Vernon shall cause this
resolution and the Interim City Clerk's certification to be entered in
the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 3.d day of September, 2019.
ATTEST:
Deborah Harrington,
Interim City Clerk
APPROVED AS TO FORM:
Zaynah Moussa,
Senior Deputy City Attorney
Name:
Title: Mayor / Mayor Pro-Tem
- 3 -
AGENDA APPROVED ITEM
09/03/19, SD
STATE OF CALIFORNIA )
) as
COUNTY OF LOS ANGELES )
I, Deborah Harrington, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
No. , 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, September 3, 2019, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of September, 2019, at Vernon, California.
(SEAL)
- 4 -
Deborah Harrington,
Interim City Clerk
AGENDA APPROVED ITEM
09/03/19, SD
EXHIBIT A
AGENDA APPROVED ITEM
09/03/19, SD
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
UZ is
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL 47
July 1, 201%through June 30, 202249
AGENDA APPROVED ITEM
09/03/19, SO
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
6
ARTICLE ONE: FUNDAMENTALS
SectionI
Recognition..................................................................................
. ...... . 7
Section 2
No Discrimination ...................
7
Section 3:
No Strikes . Lockows.— ............................ .............................
7
Section 4
Cit)/Union Meetings .... ................................................. . ........................
.. 7
Section 5
Union Business ............. — ........................
7
Section 6:
Management Rights......._...................._.......................................................
9
Section7
Employee Rights - .............................................................. ...........................
10
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section I
Legal Limitations and Savings Clause.........................................................
11
Seen.2
Term ....................................... -- ...............
11
Section 3
Maintenance, of Existing Condition, .............................. . .......... . .................
11
Section 4:
Modification and Waiver ...............................................................................
12
Section5
Sewrabilky ................................ ....................................................................
12
ARTICLE THREE: ORGANIZATIONAL SECURITY
Section I
Organizational Security ....................... . ......... ........ . . .... ..........................
13
Section 2
Contracting Out Provision .................................... ........................................
14
ARTICLE
Section 1:
Salaries . ........................... — .........
15
Section2:
Merit Steps ................................. .................................................................
15
Section 3:
Temporary Upgm&- Pay — Spatial Assigarrest ..........................................
16
Section4:
Bilingual Pay ................................................................ ...........................
..... 16
2
AGENDA APPROVED ITEM
09103/19, SD
Section 5: Longevity Pay........._...._.....__ ................ ......... .... 16
Section, 6: Promotions......___ - ........... ...... ......... Is
Scaira, 7: Rccl.sificafion .......... --- ..... .............. .... ............ 18
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Aulhorimlion ............... I --
I ...... I ..... . .................... 19
Section 2:
Overturne Compenataim........- .................................
. ..... ......... ....... - 19
Section 3:
Compensatory Time........ .............. -.. ............... ........
...... ............ . 19
Section4:
Call Backs ............................... ...................................................................
. 20
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFET% EQUIPMENT
Section 1: Uniforms............
Section 2: Safety Boo"hoe
ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1:
Medical ... — — ............. —
Section 2:
cafeteria Plan ............. — ................. ...........................................
22
Section3:
Dental ............................... . ................ ............................................
23
Section 4:
Vision ..... -- ............... --- ..............
23
Section 5:
Life Imurance ... ..............
23
Section 6:
Deferred Compensation ..... ............................................................
23
Section 7:
Other City Employee Programs ... .... ..............................................
... . 24
ARTICLE EIGHT: RETIREMENT
Section1:
P.E.R S . ............ ................................... __ ....................................................
25
Section 2:
P.E.K.S. Suppleracroad Plans. ............ --- ............................................
......... 25
Section3:
Retiree Medical.... ............. --. _ ..................................... .........................
25
ARTICLE NINE: HOLIDAYS
3
AGENDA APPROVED ITEM
09/03/19, SD
Section I Holidays
Swim 2 fin -Li. i
ARTICLE TEN: VACATION
SwimI
Vacation Leave . ............... ................ .............................................
— .............. 29
Section 2
Vacation Accumdation.... ...... ..................... ............... — ............ ....................
29
Section 3:
Scheduling of Vacation ............ .......... — .....................................................
29
ARTICLE ELEVEN: SICK LEAVE
Seen.1:
Sick Leave . ............................... ... ..... . ........................................................
31
Section 2:
Family Sick Leave .......... ............... .. . . .................................
— ........... 32
ARTICLE TWELVE: LEAVE BENEFITS
Section1:
Jury Duty .... - .......................... .... ... .........
..................... .......... 33
Swim 2!
Military Leave ofAbsence................................................................................
33
Swim 3:
Bereavement Leave --- ......................................................
— ..................... 33
ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section 1:
Provisions ....................... . .. ........ . .............................................
35
Swim 2:
4110 Work Schedule .......................... ..... ........
— ............................... 35
Section 3:
DuPont Schedule ... - ............ ........ ........................ —
-- .............................. 35
Section 4:
Standby Policy... .............. .......... ..... .....
...................................... .. 36
Section 5:
Performance Evaluations........._ .......................................
---- .. ........ 37
Grievance
ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
Discipline Procedure ............... - ...
4
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Managenonra
SIGNATURE PAGE
signatvwcs.. 46
AGENDA APPROVED ITEM
09/03/19, SD
MEMORANDUM
BETWEEN
CITY OF VERNON
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW)
PREAMBLE
This Memorandum of Understanding ("MOLq is entered into with reference to the following facts:
A. Representatives of management for the City of Vernon (hereafter "City") and
representatives ofthe International Brotherhood of Electrical Workers. Local # 47
(hereafter "Union') have reel on a number ofoccasion, 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 hate
reached an understanding as to certain recommendations to he made to the City
Council for the City of Vera. and have agreed that the parties hereto willjointlr
Inge said Council to adopt one or more resolutions which will establish the
provisions regarding wages hours, fringe becefits 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. 20196. 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 Vennn that are or
more salary resolutions be adopted effectuating the following previsions related to salaries, fringe
benefits and other terms of employment for IBEW Union members.
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE ONE
FUNDAMENTALS
Section 1: Rccoenition
The City recognizes the International Brotherhood of Electrical Workers. Local 47('Umon") 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.
S"tion 2. %o 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. se, religion, national origin, age, marital status, disability,
pregnancy. sexual orientation. political or religious opinions or affiliations. or membership or rain -
membership in the Union.
Section 3: No Strike or Lockouts
Both the City and the Union recognme the continuing obligationm provide electrical. gas and water
service to the City of Vernon. Accordingly, during the term of this agreement, the Union, its
affects. agents, representmive and/or members agree they will not cause. condone in participate in
any strike, walk out, work stoppage, job action. slowdown or sickoul. including compliance with a
request ofother labor organizations to engage in any or all of the preceding activities.
Doing the teen 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 mect 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.
AGENDA APPROVED ITEM
09/03/19, SD
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 ofthe 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.Iwo (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 h
is granted to other organizations.
B. Shoo Stewards
The City agrees to recognize up to three (3) Stewards appointed by the Union. The Union shall
notify the City in writing ofthe names ofeach 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 employes' regular work duties. Ifa Steward most leave hisder 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
authmization 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 offand/or legal holidays. after
the time ofthe 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 markets, council meetings, health insurance comminee 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 ofthe bargaining unit paid release time to attend a Union
meeting on site at the City up to twice per yew. up to one I hour per meeting.
The City agrees to provide a total of 3 days (up to 36 hours) of paid release time per yew for
employees selected by the Union to attend a Union -sponsored Steward seminar or training located
AGENDA APPROVED ITEM
09/03/19, SD
in Somhem Califamaa. The Union shall pray ide the City at least ten (10) calendar days prior
writen 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 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: Sl anaeemcnt Riehts
The Carr, retains all of its ezciwoc rights and authority under Federal and Sate Law and the Cu,
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 ofsen ice: and to expand or diminish services:
■ Determine the procedures and standards of selection of employment and promotions:
■ Direct its employees:
■ Establish and enforce dross and grooming standards:
■ Relieve its employees from duty because of lack of work or other lawful reasons subject m
the layoff procedure set forth in this memorandum of understanding:
■ Maintain the efficiency ofgowmment operations:
■ Determine the methods. means numbers, and kinds of personnel by which government
operations are to be conducted:
■ Determine the content and intent ofjob classifications:
■ Determine methods of finning:
■ Determine style and/or types of City issued wearing apparel. equipment, or technology, to
be used:
■ Determine and/or change facilities, methods. technology. means, organisational structure.
sic, and composition of the work by which the City operations are or be conducted:
■ Determine and change the number of locations and types of operations, processes and
materials to be used in carrying our all City functions including. but not limited W. the right
to contract for or subcontract any work or operations of the City subject to the Contracting
Provision sal forth in this memorandum ofunderstanding:
AGENDA APPROVED ITEM
09/03/19, SD
■ 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 cam' out its mission in emergencies: and
■ Exercise complete comrol and discretion over its organbation 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 Cim's rights: provided however. that ifthe exercise ofthese 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 ofthe City to exercise and implement any of its rights.
Section 7: Emolmse Riaha
The City and Union mutually recognize and agree to fully prowl the rights of all employees
covered by this MOU rejoin 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 inrerfeted with intimidated restrained coerced or
discriminated against because of the exercise of these rights.
AGENDA APPROVED ITEM
09/03/19, SD
"(T11fUITfJ11 l:Zi:
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Smthm I: Leaal Limitations and Saviras Clause
It is understood and agreed that this Memorandum of Understanding (including. but non limited to,
the provisions of the Fair Labor Standards Act) and my 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 pan 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 lavvs or regulations or otherwise held to be invalid or unenforceable by any tribunal of
compctcm jurisdiction such pan or provision shall be suspended and superseded. and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall am
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) Esrept as otherwise provided herein. this Memorandum of Understanding shall be in full
force and effect from July L 20196, and shall remain in full force and effect up to and
including midnight. the 30th day of June 2022+4, or until the rem 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.
Esrept as otherwise provided in Article IV. Section F. herein. the City and the Union agree
to submit proposals for any changes related to unites. benefits and/or other terms of and
conditions of employment affecting this Memorandum of Understanding bensen Febnmry I.
2022+9 and March I, 2022+4,
Section 3: Maintenance of Existlna('auditions
Any employment policy. practices andior benefits, including the alternative workweek
schedule aM 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.
AGENDA APPROVED ITEM
09/03/19, SD
Section 0: Modification and Waiver
The City resenes the right to add to, delete from. mend or modify the Administrative rules, dre
City Municipal Code, and the City Personnel Policies and Procedures Manual during the teen of
the Memorandum of Understanding, subject to the requirements; of the Meyers.Milias-Bmwrt Act.
Section 5: Severabilin
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid
or unenforceable. the parties intend dust the remaining provisions terrain in effect. The parties
further agree to meet and confer for purposes of negotiating an alternative to any provision
declared invalid or unenforceable.
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE THREE
ORGANIZATIONAL SECURITY
Section I: Oreanizatiunal Securih
fbun rece nt ofwtten cen'fea imn froni the Union of an emplui cc*, .lunla authodearon fur
the deduction- the Cm - h II deduct and ternit to the Union the Uruon s initiationfee and mnodie
dues for members of the Union Should there be a dispute regarding the c%istencc or terms of the
au[hof'eal'un for dedwton ofdues andh r fees the Union shall pm, i& the Cil, ith a c00% of
M author iatonlsl signed b, the cmplo,ee.
Dues and/or fees alhheld b, the Ch shall Is, transmitted to the Union 011icerdesiunaled in writing
b the U tlx ' •din ne.we h funds, m the amness smeified.Duesd/
fuvs shall he deducted fmm the first and second paycheck ofeach month and remitted to the Union
b, the last business da%of the month.
The Cih shall not deduct more, soeeifcall, earmarked fur a PAC orother political aeti,ilies unless
such &d t dr.matheI wk and meifically nuthried"n ,,iling b the 't
meber,
t he Unm sh.11k de t to d necord of its f ] tnunsactions and shall k•
mailable annualh to the Ch and. upon reuuest- to the emplo,ees who arc members of the unit,
u i(h"n s'm (60) da,s after the end of is Neu] ,ear. a detailed written financial report in the form
I'a isalance sheet' d a. re"ingt t nl' d t h its v.,id,-.t and Ine.n.r
mineival ffi b rl'f •d wblic aceounumn.A ew, f financial umAs Quincd rider
the Labo -M enl Disclosure Act of 1959 or Go%emment Code sect' m 3546.5. shall sstish
this requirement.
The Union shall provide nmteetion to the Ch b, in lemn'f%"ng. defending and holding the Cih
h.less fr,. und amin,l11I' 4 liabilaits as a resultf toss. claim,I'blit
of action arising out of the oneration oflu., article.
n
AGENDA APPROVED ITEM
09/03/19, SD
fm:uWl: Vrbf.ltll: P�Taags: a.S� l� r Ikf
n o.s
r.rtr: ra>mw: as, vn. wtw oar
r.ror:uasn vie o•,ramos: aa,un. wa
x os
Section 2: Contractine Out Prmision
14
AGENDA APPROVED ITEM
09/03/19, SD
The City and the Union share a common interest in maintaining the stability and the security of the
CiW s workforce. As such. the Citv agrees to notify the Union prior to any decision to contract
with an outside party if such comrac ing out will have a significant, long -tens impact on work
performed by employees in classifications represented by the Union.
Such notiflcation 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 membegsl, the City shall meet and
confer over the impact and eRect such contracting out will have on the membership.
This provision shall not apply to contracts already established at the time this MOU is adopted.
AGENDA APPROVED ITEM
09/03/19, SO
ARTICLE FOUR
COMPENSATION
Section 1, Salaries
upon lie Kµ
A.
9bi salary
mttnam. - eAl
F—EB'ecfve AuaLLSt 20 2019 base salaries for the renresened class'fcffiions shall he increared
three mrcentl3%.
1). ETectiae July 5. 2020 the first full my permd is Fisgal Now 2020-2011.ase sal I s for
the represented class'fcan.m, shall be'mrcased three percent (3%).
C.
—Etl'ective Juk J 2021 (the first full my period in Fiscal year 2021-2022)base salaries for
the reoresened classitkmmns shall be increased three m.nt 13ao1.
J-I Attached as "Addendum C' is a lining of the IBE W repesented positions and dm hourly,
monthly or annual salaries of each classifiesamn and a notation of the benchmarled
positions. It is understood that the information listed in Addendum C may become outdated
during the term ofthis Agreement.
16
AGENDA APPROVED ITEM
09/03/19, SD
Section 2: Merit Steps
A. &..a.,.a-,e..—.e--01 A. Employees who are not at the top step of their Classification
Compensation Plan shall move to the nest step on the Plan, if the employee achieved an
overall "aMwc awme£' ._ set :.f- _. its ._...... a1w, ._ 1, 11 , as of their
immediately preceding ann�rformance evaluationLs 1. S?�^^ and
cars mflhi kgFe ell! eRl .1115. !he(' 0 affee 18 FF8 it. 0 Fit s al my ad an e is toe it ploy e as
e% alurown sy Lnilsk� oes shall 0 in me id FeCE 0 their Mason! a% al.! Sffi as lehodule
B. The meat salary advances eared during the fiscal %ear "' �shall go into
effect at :he Reini to of tle first full ma, noriod of the foal war all I "
C. the effective daze of these merit salary advances (described in Section B above) shall not
alter the employee's actual classification anniversary date.
Section d: Terrooran trparade Pe%— Sperial Assinnment
Employees assigned to the Electric Operations Group. who in the discretion ofthe Department Head
or his/her designee, are authorized to assume the duties of a higher level position and who an,
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 (-SOP)
increase of five percent (5%) after a rural 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 he reassigned for the purpose of avoiding the USOP within an
assigned shift.
The department head shall post a list ofemployees who are determined to be qualified for temporary
upgrade. The list shall contain the title of each classification in which the employee is declined
eligible to perform at the higher level position.
The employee shall he%e the option to decline the temporary upgrade
Section 1 Bilimmal PHI
An employee may be eligible to be compensated for bilingual pay if his her mgularjob duties m
described in his/her job description provide for interaction with the public on a regular basis.
Employee most demonstrate proficiency in speaking Spanish (the ability to read and write in
Spanish may also be rested if necessary). Proficiency would be determined by successful
17
AGENDA APPROVED ITEM
09/03/19, SD
completion of a proficiency test as determined by
the Homan Resources Department. Those employees who successfully demonstrate this skill would
he eligible to receive an additional 5125.00 per month for bilingual pay.
Section 5: Lonaevite Pat
A. Emntovees Hired on or Before lone 30, 1994
Five (5) 1 can of Service
All eligible employees who have five (5)years of consecutive uninterrupted
service on or before July I, 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 neat step.
Employees upon reaching their 5th anniversary date after July I, 1986. shall be entitled to said
five percent (5%) per month upon said anniversary date.
Ten (10)l'earsof Service
All eligible employres who have ten (10)years of consecutive uninterrupted
service on or before July I, 1987, shall receive an additional ten percent (10%) per month of
their base salary effective July I, 1987, and every year thereafter until reaching the nest step.
Employees upon reaching their 101h anniversan' date after July L 1997, shall be entdled to
said ten percent (10°/) per month upon said anniversary date.
Fifteen (15) Years of Service
All eligible employees who have fifteen (15)yems ofcons,cutive uninterrupted
service on or before July 1, 1988, shall receive an additional fifteen percent (156/o)per month
of their base salary effective July 1, 1998. and every, vent thereafter until reaching the nest
step. Employees upon reaching their 15th wwversmy date after July 1. 1988, shall be entitled
to, said fifteen percent (15%)per month upon said anniversary date.
Twenty (20) 1'moofS irvice
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 basc
salary effective July I, 1999, and every year theresf er.Employees upon reaching their 20th
anniversary date alter July 1. 1999. shall he entitled to said twenty percent (20%)per month
upon said anniversary' time.
B. Employees Employed On erAfter July 1. 1994 and before December 3 I. 2013.
The longevity program described in this Section will apply to all employees employed on or
18
AGENDA APPROVED ITEM
09/03/19, SD
after July 1, 1994, and before December 31, 2013.
Five (5)1'can of Service
All eligible employees who are employed on or after July I, 1994, and before
December 31. 2013, who main five (5) years of consecutive unirderrup cd senim shall receive
an additional five percent (5%) per mouth of their base salary. Such employees upon reaching
their 5th anniversary dale 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 barber service. —This subecclion shall onk apply to employees
hired on or after Jul, I. 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 free percent (5%) increase. except that such increase cannot extend beyond the
top step of the range. Please refer to Personnel Policy 11-3. Salary Plan Administration for
specific terms and policy.
Section 9: Reclassification
In anv 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
salary and that would provide a minimum of a five percent (5%) increase. not exceed the
maximum ofthe grade. Consideration oftbe reclassification recommendation shall be based on
competitive conditions and the City's ability to pay and shall be subjett to approval by the City
Council. Please refer to Personnel Policy 11-2. Reclassification Plan for specific terms and policy.
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE FIVE
OVERTIME
Section 1: overtime authnriration
All overtime requests must have prior written i uthorsation of a supervisor prior to the
commencement of such overtime wn& Where prior written authorisation is and feasible. explicit
verbal aulhmamtion most be obtained. Where verbal authorization is obtained written
authorisation must be obtained as soon thereafter as practicable.
Settle. 2: overtime Comoensation
Employees will be paid overtime at time and a half (1.5) of their regular hourly me 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 shill. shall be paid at the double time one.
Holidays (regular, in -lieu and Boating), sick time, vacation time, compensatory time. paidjury
duty leave, and bereavement leave shall count as time worked for the purposes of computing
overtime. Union leave. unpeidjury, leave. disciplinary suspensions. and administmliye leave shall
Imt count as time worked for the purpose of computing overtime.
Section 3: Compensmory Time
In lieu ofcash payment. an employee may request compensatory time for overtime worked. Account
compensatory time shall be limited ar 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 rare.
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 most be
preceded by a ten (10) day notice of intended use from the employee- Management may
waive the ten (10) day notice in cases ofemergency. Compensatory time of may betaken
only in 15 minute increments. The ten (10) day notice requirement shall not apply to
attendance at fuuemis: the employee will ratify' management sa soon as the need to be
absent for a fii 1 is known.
20
AGENDA APPROVED ITEM
09/03/19, SD
Smlion 4: Call Backa
Emergency call back duty occurs when an employee is requested to repot to duty on a non -regularly
scheduled work shift. Emergency call back policy is applicable when an cmplocee 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 hisher shift. Emergency call back does no neeYr when an employee is held
over from his/her prior shift or is working planned o mime.
An employee called back to duty shall be credited with a minimum of few hours of work to the
applicable omnime rate. Any hours worked in excess of foto hours shall be credited for acr al time
worked to the applicable rate. During emergency call back. any paid sick leave boors taken during
that week shall be counted as hours corked for the purpose of computing overtime.
If the employee is called back to dun. hisser work time shall be credited commencing when the
employee mpons to work and shall conclude when the employee leaves work.
21
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Cniforms
The City shall provide uniforms in accordance with departmental policy m 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 hoot/shoe allowance of S200.00 payable in January of each yew of
the contact for those employees required to wear safety boats/shoes. The boots/shoes purchased
must be appropriate to the employees job classification and must rnem applicable CAI. -OSHA
regulations and Cin/Depancom al policies.
E 1 hired after Jamm, I" ill be eligible for a red amount as follows'
Hired Promote or R I 'ified on or behreem
, B-,/ hoe Allowance
Januay I-M1larch
A rill -June 30
lmb I -Se ember 30
100
October I - December 31
SSO
Employees receiving the booLfshue allowance are required to wear the prescribed boots/shoes at all
times while in the field or as reau'rcdon-duty Employees must maintain boots/shos in proper
condition m ensure employee safety. The City reserves the right to determine ifthe boot or shoe is
appropriate to job classification in conformance with applicable CAL -OSHA regulations and
City/Departmental policies.
22
ra,saateraoen
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE SEVEN
HEALTH AND WELFARE BENEFITS
Section 1: Medi
The City offers various medical plans to employees. The City reserves the right to select.
administer. or fund any fringe benefit programs involving insurance than now exist or may exist in
the fmure.
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 July 1. 2016. The City will adhere to the cafeteria plan requirements in accordance with
IRS Section 125 regulations. The City shall povide to each employee in this bargaining unit a
moralth 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. Effective July I. Milo. the City shall provide a contribution equal to the total premium costs
of Employee -Only. Employee + Spouse. Employee + Children), or Employee + Family
lowest -cost HMO. lowest -cost Dental DMO. and lowest cost vision plan that corresponds
with the employees' benefit selection. Employees aho elect a health plan whose premium
cost is higher than the Low HMO medical, dental and vision. will be responsible far any
applicablccxcesspremiumcosts. Howevenifanemployeeoptsomofdentalandtoryision
coverage. then they may use these allotments for those respective coverages to pay towards
the excess medical premiums. The City understands that the allotment amounts will vary
based on the premium costs that go into effect on January I of each calendar year of the
term ofthis Agreement.
B. During the term of this Agreement. Employees will be allowed to opt in to the Employee+
Family plan during any open enrollment period or upon aqualifa ing event as prescribed and
defined by the City's iasumncc provider.
C. For Employees electing Employee -Only. Employee + Spouse or Employee + Childlren)
plans, the maximum contribution by the City shall be either the amount set forth in Section
A or E 1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City
shall pay up to 100 % ofthe monthly cost ofthe plan for employees and eligible dependents,
23
AGENDA APPROVED ITEM
09/03/19, SD
not to exceed $870 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: f 1.500 in January, and S500 each in March. June and September. The cost of any
PPO/HSA plan selected by the employee that exceeds $970 shall be paid by the employee
through a pre-tax payroll deduction.
Employees wfio are mihtmy vetemns xfio receive medical coverage through the Veterans
Administration (VA) shall be exempt fear the requirement w enroll in the City's medical
plan. Employees xfio have medical coverage through the VA shall still be entitled to enroll
in the Cin's dental. vision insurance and to purchase other supplemental benefits up to the
amount rhea would have received for their elected VA medical coverage tier. For example.
if an employee xfio receives medical insurance through the VA elects Employee Only
medical coverage ter. then he or she is eligible to receive cafeteria bertefit amount up to the
lowest cost HMO employee only tier.
Sation 3, Demal-
The City of Vero n 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 cast ofanv 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 l: Vision
The City of Vernon provides a vision care plan to employees.
.. All oremiums
for c s on coverage in each tier of mvemue are, to he deducted farm the total momhls cin
contribution for Medical. Dental and Vision cocerase. 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. The G #5 slimes
be as Sell NO $150.
Section 5: Life Insurance
The City provides a329.000 life insurance unto f20.000 in coverage nlmFto employees. The City
shall pay I00 % 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. ♦nalfe-evin'
Supplements! lil�
mRc
Section 6: Deferred Comiriumlian
>q
AGENDA APPROVED ITEM
09/03/19, SD
Employees are eligible to participate in the City's Deferred Compensation Program. Should the
City adopt a resolution that allows employees to contribute accrued sick leave to deferred
compensation contributions, the parties agree to reopen this provision to allow IBEW-represented
employees to participate in such program.
Section ]: Other Citc Emolovee Promams
Employees are eligible to participate in all Cit3 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
• Fleaible Spending Plan
• Hearing aid devise plan
• Tuition reimbursement plan
25
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE EIGHT
RETIREMENT
Section 1: Public Employee Retirement Svatem ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System (PERS)
that provides BE W 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,
CAPERS members hired on or after January I, 2013, who meet the definition of new member under
PEPRA, shall be provided a 2.0%at 62 PERS retirement benefit plan.
MEW 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.
The City makes no representation as to whether any of the compensation or payments in this • - rv®tse: m4ea: wnraa: m
Agreement are subject to CAPERS service credit or pensionable income. Employeesfunion
expressly acknowledge that any determination by CAPERS to not fully credit the compensation
and/or service time provided under this Agreement is not a proper basis on which to void the
Agreement. EmployeesfUnion further acknowledge that they will not pursue any claim or
action against the City related to any determination made by CalPERS in connection with this
Agreement.
Effective August 20, 2019 in accordance with Government Code Section 20516(f) pursuant to a
cost-shorma arrangement all employees designated as "classic" employees and enrolled in the
classic" retirement benefit formula shall share the cost of the employer CmPERS contribution by
mwina an additional I % of C IPERS ocrartable comminutionfor a total contribution of nine
pemem (9%).
Effective July 5 2020 in accordance with Government Code Section 20516(f) pursuant to a cost -
sharing arran¢emenL all emolovces designated as "classic" employees and enrolled in the
"classic" retirement benefit formula shall sham the cost ofthe employer CalPERS contribution by
moving an additional 1 % of C IPERS tenantable tin for a total contribution of ten
cement(10%).
Effective Juh 4 2021 in accordance with Government Code Sermon 20516(f) pursuant to a
t- la t. all employees designated as -classic" 1 d enrolled' the
"classic" retirement benefit f numala shall share the cost of the cawkwor CODERS contribution
b additional I% ofCalPERS rerantable wimmensoutionfor a total contributionot
eleven cement (I I %).
Section 2, Sur mlemental PERS Retirement Benefits
26
AGENDA APPROVED ITEM
09/03/19, SD
The City agrees to provide additional supplemental retirement benefits to IBE W employees
under PERS as follows:
• Gov't Code Section20042 — (Classic Members Only) One Year Final Comcensation
• New employees hind on or after January 1, 2013 who meet the definition of net. member
under PEPRA shall receive 3 Year Avemee Final Comcensation
• Gov't Code Section: 21024— Military Service Credit as Public Service
• Gov't Code Section: 21548 — Pre -Retirement Option 2 W 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 premiums) for all full-time regular employees who retire at
age sixty (60) or later, with at least twenty (20) years of continuous
uninterrupted service. Retired employees will be permitted toenrollinahigher-
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
pertained to pay their medical and/or dental insurance premiums, and, upon
reaching the age of sixty (601 the City will pay up to the amount equivalent
to the then current lowest cost, employee only HMO medical and/or dental
insurance p mnium(s).
C. Eligible retired employees may opt not to enroll in the City's medical and/or dental
insurance coverage and instead receive a monthly reimbursement payment
equivalent to the then -current lowest cost City -offered Employee -only medical -
HMO and/or dental HMO insurance premium. An eligible retired employee who
chooses this option and later has no reimbursable expenses is still eligible to receive
the reimbursement at a later time when he or she does have qualifying reimbursable
expenses. Once an employee who has opted our reaches Medi-care eligibility, the
retiree shall receive a monthly reimbursement equal to the then -current cost of
supplemental coverage. Once a retired employee opts not m enroll in the City's
medical and/or dental insurance. he or she will not be allowed to re -enroll in the
City's health plans.
D. All full-time regular employees, who retire with a minimum of ten (10) years of
continuous uninterrupted service with the City may pay the premium(s) for
medical and/or dental insurance.
E. All retiree medical and/or dental insurance benefits provided pursuant to
27
AGENDA APPROVED ITEM
09/03/19, SD
subsections A. B. and C above, shall be for retired employees only and shall not
include their spouses or other dependents.
F. All retired employees who receive medical andlur dental insurance becefits
pursuant to subsections A. B, or C above and who reach the age of sissy -five
(65). are, required to be enrolled in Medicare, and shall show proof of such
ennollmem. where upon the City's insurance policy will become supplemental
coverage, if applicable.
G. 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.
H. The offer of the retiree medical benefits is not a vested right for future years.
29
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE NINE
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 he
provided with the following holidays with pay subject to the provisions below.
L January V- New Year's Day
2. The 3`a Monday in January -Martin Luther King. Jr. Day
3. The YMonday in Febnary- Presidents' Day
4. March 3V-Cesar Chavez Day
5. The last Monday in May - Memorial Day
6. July 4'^-Independeme Do,
7. The Just Monday in September - Labor Day
8. The second Monday in October -Columbus Day
9. November I Ice - Veterans Day
10. The 0 Thursday in November -Thanksgiving Day
11. December 24'^ -Christmas Fe
12. December 25w -Christmas Day
13. December 31"-New Year's Eve
14. Such other days m may be designated as holidays by the City Council
of the City of Verm n
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 owl, on that day shall be paid at his/her regular hourly me of pay fm the holiday.
plus 2X (raw times) his/her regular howl, me of pay for the actual hours he/she was required
to work on the authorized Iwlidac
E. If New Year's Day or Christmas Do, falls on a Fridm or Saturday. and the 4/10 employee is
required to work on that dm. he/she shall not wvciya holiday pay (as set fond 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-how DuPont Schedule and the Tuesday through Friday
Resource Scheduler schedule shall not be eligible for Holiday pay, but shall instead receive
forty-eight (49) hours of In -Lieu Holiday time subject to the provisions below.
29
AGENDA APPROVED ITEM
09/03/19. SD
Section 2: In -Lieu HOW., Time
A. An employee regularly assigned to the 12-how rotating shill (Dupont Schedule) whose duties
are such that he/she does not receive the benefits oftegular legal holidays, shall be granted 48.
hours of In -Lieu Holiday time effective July I"of each focal 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 act receive the benefits of
regular legal holidays of the City of Verrmu shall be granted 120-hours of In -Lieu Holiday
time effective July 1"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 prim to June 30° of the fiscal year in which they are provided.
Holidays may be taken as days off on dmes 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 am 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 lust payroll check on or after June 3(kh 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 C10 work schedule or is terminated shall
not be entitled to any compensation for In -Lieu Holidays not taken unless previously denied.
30
AGENDA APPROVED ITEM
09/03/19, SO
ARTICLE TEN
VACATION
Section I: Vacation Leave
All full-time employees shall accrue vacation according to the following schedule:
4/10 Schedule
Continuous Years of Sen ice
Vacation Hours Earned
Bi-Weekly Accrual
I" car thm 0 tear
80
3.09
5'h )car thrn 9' c.
Did
3.85
to -year than 14'^sear
120
4.62
15'searthm 2J'h year
160
6.16
25i° you and more
190
7.31
12-flour Rotation Shift (DuPont Schedule):
Iw veer thrn 9'° year 120 4.62
10 year thm IJ'" ycar 160 6.16
l Yi.,car and more 160+ one week's equivalent 6.16
salan on anniversary date and
each anniversary dale 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 yew. In or
about towenry—(claw, of each year, employees shall be compensated for unused meracd
vacation benefit in excess of the allowed accumulated amount referenced above. Cash -ma
monies math taken a, cash or mat be connioutcd m the emoloceds 451 deferred
comgn anon account mh'ect to the rules fthe nlmr
B. No vacation leave shall be accumulated by employees while they are, on an unpaid leave of
absence or non -work relmcd disabilit, leave.
C. In the event one or mom 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 learn which
has been earned but .1 taken.
Section 3: Scheduling of Vacation
AGENDA APPROVED ITEM
09/03/19, SD
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 wueks or 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. Noneamed vacation leave shall not be allowed.
B. Vacation leave requests shall rot be in excess of such leave actually earned a the time it is
requested or in excess of the regular scheduled workweek.
32
AGENDA APPROVED ITEM
09103/19, SD
ARTICLE ELEVEN
SICK LEAVE
Section l: Sick Leave
Full-time Employees shall accrue up to 80 hours ofsick leave per calendar year, in a ate of3.08 of
sick leave hours per pay period. If the full-time employee works, or is on regular paid status, less
than a full year, the hours of sick leave will aceme on a pro ram basis. part-time and temporary
employees (excluding CaWERS retired annuitants) working for 30 or more days within a year shall
be entitled to accrue paid sick days at the wrenone (1) hour per every 30 hours worked. Employee
shall only receive sick leave accrual while they are in a paid show.
A. The City shall allow annual carry-over of sick leave hours up to a maximum accrual cap of
960 hours. This bank of cam -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 ate, and any
sick leave hoots exceeding 960 will be compensated in or about February of each sear forest
llw—d'�,.e-ef:k.�t 50%of the employee's hourly ate. Cash -our monies mas be taken as
cash or may be contributed to the comroee-s 457 deferred emoneusarion account sub'ecl to
the roles of the Plan.
C. Sick leave shall be allowed only for actual illness or injury act arising out ofand in the course
of employment. If sick leave on account of illness or injury exceeds two (2) working days,
the employee, prior to resuming to work, shall submit a statement from a physician or a
qualified medical professional approved be 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 ofsick leave use whenever
it has reason to believe there is misuse, abuse or a parrem of abuse.
D. Except as hereinafter provided, upon retirement or disability retirement pursuant to City
Council approval, or under the Sue Employees' Retirement System or pursuant to the
provisions of any applicable agreement between the City and a state retirement syslem. or
upon death, accumulated and unused sick leave credit shall be paid on the following basis'
s
umrcaem:t.a•,Noaa:anmmr�a
a. If an emvloycc moans from the Cite with 20 vears or more of continuous
senice. he/she will be comcereated for all unused sick lease hours in his/her
33
AGENDA APPROVED ITEM
09/03/19, SD
sick Ieave bank at the time of separmio t at 50'/h of hisdar then current reeular
howl, rote of rev.
K If. era la,ee retires from the Cih with 15 to 20. of cominuous service
he/she will be emare vateed for all unused sick Lave lours in hisgtcr sick Lave
bank al the time of seoamtim, or 50, of hislar then current reeular fourth rate
of v, If an croploace writes from the Cim with more than 20 vcM of
continuous servicehe/she will be comnevsated for all unused sick leave hours
in his/her/ sick leme hank a, the time of serorarion at 100-,,5 of hisrher then
currant reeular heart% rate ofoa.
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 thin would be accrued during sir months at
the employee's then current rate ofentitlemenk for qualifying family illness as follows: Sick leave
for family illnesses %ill be allowed only for the sickness of the spouse of. or the children of, or
mother or father or. the employ" living within the same household Inthecaseofjointcusudyof
a child. illness of the child occurring in the other custodial parent's house may also qualify. All
family sick leave shall be approved by the department head.
34
AGENDA APPROVED ITEM
09103/19, SD
ARTICLE TWELVE
LEAVE BENEFITS
Section l: Jun Du
A. All regular full-time employees summoned to serve onjury, duty shall be provided -Jury Duty
Pay- and there shall be no loss ofeompensation. Anemployee will becompereated uplotwo
weeks at full pay forjury duty. The employee must provide notice of the expected jury duty
to his or her supervisor as soon m possible, but in an ease later than 14 calendar days before
the expected start date ofthejury duty.
B. An employee on call for jury duty is expected to repon 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 ofjury duty performed using verification
forms as may be supplied by the coon. Employees shall notify their supervisor on the day
they are released from theirjury duty obligations.
C. Except w 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 pinion of the jury duty compensation. Jury
duty performed on an employee's regular day off shall not be compensated by the Citr and
the employee shall be entitled only to the jury's compensation for duty performed on such
employee's regular day off, Employees assigned tojury duty on a City authorized holiday w ill
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 shin 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 am. to 9:00 a.m. Monday thin Friday. This
temporary reassignment shall be only for the duration ofthejury duty. Reassignment ofduties
may also be made so that the employee may have more productive time prior to, and following
release from, jury duty.
Section 2: Million Leave of Absence
Military leave shall be granted in accordance with the provisions of applicable federal and smte
law. Every employee entitled to receive the benefits of military leave shall give his/her Department
Director the opportunity. within the limits oflhe law and military necessity, to determine when such
leave shall be taken.
Section 3: Bereavement Leave
Permanent full-time employees. regardless ofperiod ofservice, may in the event of death or if death
appears imminen4 of any "immediate family memberas defined below including the equivalent
relatives of a registered domestic partner -be allowed up to the equivalent of Pour (4) work days (40
or 48 hours, based upon the employee's regular work schedule) of bereavement leave without loss
of salary.
35
AGENDA APPROVED ITEM
09/03119, SD
Relative
N1 Rie,ular Employees
S se
a work de.
Child
4 work de.
Registered Domestic
Panrer
4 work days
St thud
4 work days
Parent
4 work mirs
St Parent
4wink a
MmM1er-In-law
4wvrk drom
Faller-in4
4wvrk de
S Paremm4aw
4worst done
G.nd&,W
4wak de
St -Grandchild
4w davm
Lend anent
4w cfi
Gmnd arenl-in-law
4vorkmitim
Brother
4viorkmits
Sister
4w ftys
Step -Sister
4w mres
t-BraNer
4viorkidets
Da rater-mniiw
4wonimi
Somm4aw
4wpkde
Bno heron -law
4 work de
Sisle.o-law
4wvdrda
For purposes of thm provision,'brmhar-in-law and'sisler-iMaw are defined as the brom0r-in-law a
sister-in-law of the employee, or simM of the employee's spouse.
Bereavement leave is paid over a maximum of seven (7) work days and is (mid 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 looming of the death or of the date of foreseen imminent death ofthe 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 foaming of the
death or of the date of foreseen imminent death and shall not be unreasonably denied.
36
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE THIRTEEN
WORK SCHEDULE AND WORKING CONDITIONS
Section I: Provisions
The seven (7) day work period shall begin on Sunday at 12:N a.m. and end on Saturday at 11:59.59
pro escept as modified by management In the event the City needs to adjust any work schedule. the
City agrees thin no such modification will be conducted without first notifying the e0'eaed employees
a minimum of 10 days prim to the change unless agreed to by the effected employees) and the
Director of G. & Electric ar designee.
Section 2: 4110 i4ork Schedule
The City agrees to continue the 4/10 work schedule for employees assigned to work between
Monday — Friday shifts.
Section 3: DuPont Schedule
I he DuPont romting shift plan provides 24/7 coverage of critical operational positions.
Phis 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 shill coverage. 24-hour operation staff shall work a twelve-hour shift.
Vernon Gas & Electric Utilities Dispatchers and Electric Operators an, assigned to these
shifts.
Section A: General Provisions
The seven (7) day, work period shall begin on Sunday or 12:00 a.m. and end on Saturday at
11:59:59 p.m. except as modified by management. In the event (he City needs in adjust any work
schedule. the City agrees that no such modification will be conducted without first notifying the
effected employees a minimum of ten calendar days prior to (he change unless agreed to earlier by
the effected employeey s) and the Director of Gres & Electric or designee.
Dar I of these Dupont schedules typically begin on a Monday but Day I 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.
Section B: DuPont 4 Schedule
The DuPont 4 schedule consists of4 crews rotating in 12 hour shifts day and night to provide 24/
7 coverage. The DuPont 4 schedule consists of a 4-week cycle during which each team works as
follows:
37
AGENDA APPROVED ITEM
09/03/19, SD
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.
Section C: Dupont 5 Schedule
The DuPont 5 schedule consists of5 crews running in 12 how shifts day, and night to provide 24/
7 coverage. The DuPont 5 schedule consists ofa 10-week cycle during which each team works as
follows:
4 consecutive night shifts, followed by 3 consecutive days off duty:
3 consecutive day shifts, followed by 1 day offduty;
3 consecutive night shifts, followed by 3 consecutive days off duty:
4 consecutive day shifts, followed by 4 consecutive days off duty;
4 consecutive relicfshifts (12 hours). followed by 0 consecutive days off dude;
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 duh:
4 consecutive day shifts, followed by 4 consecutive days offduh:
3 consecutive relief shifts H 2 hours), followed by 7 consecutive days off duty;
Section 4: Standby Policy
Stand-by time is that period of lime other than the employee's regularly scheduled working hours
when an employee. at the direction of hi0wr Department Head, is on standby dude.
The Deparmtent Head shall post a list ofemployees 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 club and period shall be defined by the
Department Head. The stand-by list will he 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 classificmions
who are deemed eligible for stand-by in that classification. If there are no volunteers available.
employees shall be involuntarily placed on stand-by stmus pursuant to a rotational plan within the
respective classification from the list ofemployees qualified to perform stand-by duties.
DuPont Schedule
38
AGENDA APPROVED ITEM
09/03/19, SD
The stand-by rotation list for employees working under the DuPont 4 or DuPont 5 Schedule will
be filled through a mandatory mention list during the employees- 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 b or 7-day off cycle under the DuPont 4 or DuPont Schedule.
Stand-by duty employees are free to engage in personal business and activities. Howeverin
order to be eligible for stand-by duty and pay. employees must:
A. Be ready, to respond immediateh'.
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 1. 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 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 eyalostion
content. If there is is refusal in sign a performance evaluation. the supervisor shall note on the
performance evaluation the refusal ofthe 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 tittle Performance Evaluation. An employee shall raeive a ropy
ofthe performance evaluation and the department may place a mpy in an intemal file. Please refer
to Personnel Policy [V.I. Perf nnewce Evaluations for detailed procedures and policy.
39
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE FOURTEEN
GRIEVANCE PROCEDURE
Definition
A grievance shall be chinned as an allegation by an employee or the Union of misinterpretation
misapplication or violation of a particular provision ofthis MOU, City policy, rule or past
practice.
Day.
Days shall be defined for the purposes of this Article asany day in which the City Hall is open to
Ilia public fa the gencml conduct ofbusicess.
Step One - Immediate Supervuor
Employees shall have the right to present their own grievance or do so through their Union
representative.
Grievances shall be processed on standard forms provided by the Department of Human Resources
and shall conmin information which (a) identifies the aggrieved. (b) contains the specific nature of
the gricwnce. (c) indicates the time or place of its occurrence. if known (d) states the article(s) of
the MOU. City policy, mle or past practice which have been violated. misinterpreted or misapplied,
(e) indicates the persons contacted at the informal stage, if applicable. and (f) states the corrective
action desired. Grievances may be submitted via email, so long as the employee anaches the
grievance form to the email by the required time lire. If an employee includes attachments to the
grievance form and those attachments are not included in the email or in -person submission, the
City shall notify the employee that all attachments were not included and that the deadline for the
City to respond to the grievance will rout begin to two until all the attachments are received.
Failure by management to reply to the employee's grievance within the time limits specified
automatically grants the employee the right to process the grievance to the nest level. If an
employee fails to appeal from one level to the nest within the time limits established in this
grievance procedure. the grievance shall he considered settled on the basis of the last decision and
the grievance shall not be subject to further appeal or reconsideration.
All the time periods specified in this procedure may be extended by mutual written (including email)
consent of the aggrieved employee(s). Union representative and the designated management
representative.
Informal Procedure
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 may discuss the complaint with his/her
immediate supervisor Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee, at his or her sole discretion, may op to skipthe Informal procedure resolution process
40
AGENDA APPROVED ITEM
09103/19. SD
and instead go directly to Step One. Ifanemployce chooses m proceed with the Informal Procedure,
he/she or their union representative shall inform the Human Resources Director. within one day of
initiating the Informal Procedure. that he/she has initiated the Informal Procedure and the date the
informal grievance was first discussed with his/her supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to,
the employee's complaint. tribe employee is dissatisfied or if the supervisor fails to respond, the
employee shall have access to the formal process described below.
Formal Procedure
Step One - Immediate Supervisor
Within the time period referenced above o, ifthe employee chooses to skip the Informal Procedure.
within eight (8) days of the date the employees) knew or reasonably should have known of the
incident giving rise to the grievance. the employce(s) or the Union shall initiate the grievance
procedure by explaining the situation in writing as prescribed above to the immediate supervisor of
the aliened employce(s). The Union and/or employees) waives the right to proceed with the
grievance if the grievant does not initime the procedure by this deadline. After the presentation of
the grievance to the super, isor. the supervisor shall make a decision and present his/her decision.
in writing. to the Union and employees) within eight (8) days.
Step Two - Department Director
If the Union or emploce(s) is not satisfied with the decision of the immediate supervisor. the
grievant shall present the grievance. in writing, to the Department Director within eight (8) days of
the decision of the immediate supenisor. The Union and/or employees) waives the right to
proceed with the grievance if the grievants) does not act by this deadline. Within eight (8) days,
the Department Director. or the designee ofthe Department Director, shall meet with the Union or
employee(s) to hem the grievance. Within eight Sf days of hearing the grievance. the Department
Director or designee shall present his/her decision in writing. to the Union -and employce(s) with
copies to the Human Resource Director and the City Administaun.
Step Three — City Administntor/Advisory Arbitration
If the Union or employees) is not satisfied with the result of the meeting with the Department
Director, the grievant may submit a written request. within eight (8) days of the written decision of
the Department Director. that the matter be heard by the City Administrator or designee. w the
Union may choose to hase the matter heard by an impartial hearing officer (arbitmtw).
Should the matter be submitted directly to the City Administrator or designee. W/she shall meet
with the Union and/or employees) within eight (8) day s of receipt of the grievants written notice.
If the Union and/or employce(s) elects to have the matey heard b% the City Administrator or
designee. the Union and/or employee(s) wane, the right m has a the matter heard by an arbitrator.
Within eight (8) days affirming the grievance, the C itv Administrator shall provide brubtr decision,
in writing, to the Union and employee(s). The decision of the City Administrator shall be final and
binding.
41
AGENDA APPROVED ITEM
09/03119, SD
If the Union elects arbitration, costs ofthe arbitration shall be shared equally between the Union
and the City. A won 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. 50/50) by the panics.
Attorney fees, staff time and witness fees shall not be shared between the patties and shall be paid
by the party tam incurred the cos[.
I f 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 panics shall memately 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, Pan 3. of the Code of Civil Procedure of the Some 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
bearthe full cost of the arbitrator's fee. Attorney fees. staff time and witness foes are excluded
and shall be paid by the part that incurred the cost.
All time limits specified in the procedure may be waived by mutual written agreement.
42
AGENDA APPROVED ITEM
09/03/19, SD
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 woming. written reprimand volumaq
demotions, and performance evaluations arc not classified as discipline.
The purpose of disciplinary actions are nor intended to be punitive. but me 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 wn ice.
DAIS
Days shall he defined for the ramoses of this An is le as am das in which the Cin Hall is own to
the tmbl ie for the general conduct of business.
Discinlinan Actions
The tenure ofeven City employce shall be based on reasonable standards of petwnal conduct and
job performance. Failure in meet such standards shall be grounds for appropriate disciplinary
action, which shall be commensurate with the seriouswss of the offense and with consideration of
the employee's work histon file. Progressive discipline, will be used however. this does not
preclude the City from taking disciplitmn aetion. up to and including omuinmion 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 thatjustifies 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 ifthe employee fails to correct those performance
deficiencies within the time period designated by his/her supenisor. To the extent possible.
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving sutlnrization from the employee. the City will provide the Union with all
written notices of discipline given to employees represented M Union. The written notice of
discipline will also inform the employce that he/she has the right to consult with the Union with
regard to the disciplinary action being hiker.
43
AGENDA APPROVED ITEM
09/03/19, SD
Disciplinan Procedure
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
%%ritren Notice of Pr000sed Action
Written notice ofthe proposed disciplinary acrion shall be given to the employee. Such rmtice
shall include the proposed effective dao of the discipline. a smmment of the reasons) for the
proposed action including the tale or standard of conduct allegedly violated the proposed
discipline and the chargels) being considered.
Emnlovee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinmy action is based.
Emoleoce Resounse/Pre-Discfolinan Condemner
The notice of proposed action shall state the date by which the employee most 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 agncemem. Failure to respond by'the assigned date will constitute a waiver of the right to
respond. Any response will be fully considered before am final action is decided upon.
The Pre -Disciplinary Conference does "need to be an cvidentian 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 mines doubts as in
the accuracy ofthe City 's information leading to the discipline proposal.
Written Notice of Final Action
After considerazion of the employee's response, or in the absence ofa 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 sired
Emeraenchs
When in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare ofthe public, other employees or the employee himself4erself, 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
44
AGENDA APPROVED ITEM
09/03/19, SD
completion of such investigations or hearings as may be squired to determine ifdisciplinary
action is Inv betaken. If the charges and/or al legations 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 Cade
5q 3287 et. seq.:
Appeal Procedures
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any termination
suspension of thirw(31) hH F fie (5) torkine dash 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 rmi be applicable to performance evaluations, verbal and/or
written reprimands.
An employee desiring to appeal the discipline shall have tan (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 daze stamp the employee's appeal to verily the timeliness of it. 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:
I. 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. 50/50) the arbitration -related expenses. excluding mumey fees, expert witness
(es) and stuff time.
2. TheCity shall request a listofseven(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 mbitmtor. the parties shall alternately strike one name from the lisl, with the
employee striking first, until one name remains as the arbitrator.
3. The selecmd arbitmtor 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. Extent as set
Forth bclo Tithe decision of the Arbitrator will become final unless the City or the
employee/union elects to pursuejudicial review under CCP §1094.5.
45
AGENDA APPROVED ITEM
09/03/19, SD
S,nTm arbitration apceals of major disciplice m [ho Icyel of temnination. the recommendation
ofan arhlrmor shall be addsory ro the C'h Adm'n'stramr or designee through the term
of this Memorandum of Understanding Thedec'sonofthe C'ta Administrator shall be
final and binding. The decision ofthe City Administrator will become final unless the
ChN ofthe emploseNunion elects to pursue iudicial review, under CCP M94.5.
Advisoryion for termination cases shall rc,eft to bindina arbitrationaftr Juce 30
2022+ unless the parties mutualh agree and negotiate olheraisn.
Minor Disciplim,
Any permanent employee shall have 0m right to appeal any suspension below, the threshold of
major discipline. The appeal process shall not apply to probationan employees.
An cmolosce desiring to arraal discipliner, action defined as "Minor Discipline' shall have len
110) dass after reccim of the final Notice of Determination to reauest an appeal to the Cils
Administrator or desunee. The employee's request for amacal must he addressed to the Cits
Administrator and receited by the Human Resources Department.
fli iiei(ill do an"
1110 --- Pkdetm% submit a wrigen- [he City
Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City
Administrator or designee shall render lusher judgment as soon after hearing the anneal the
""'.`R" gas possible and in an event Inner than thirty (30) days after the appeal
meetinea ', -1 mi h - h -wing. His0rer decision shall set forth which charges. ifany, ate sustained
and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision
ofthe City Administrator shall be final.
46
AGENDA APPROVED ITEM
09/03/19, SD
ARTICLE SIXTEEN
JOINT LABOR MANAGEMENT COMMITTEE
I. The City and the Union will maintain a Joint Labor Management (JLM) Committee
comprised of at least eight (8) members. The Citys team shall consist of representatives
from the City Administrators once, the Human Resources Depanment and the Gas and
Electric Department. The Union shall povide four (4) members to sit on its committee. az
least Iwo of which most 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 summar)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 expeditioush respond to
concerns properly before the committee.
2. The JLM shall ho utilized to allon the parties to discuss matters affecting the workplace
environment.
3. The JLM shall rot be a means for participating in the meet and confer process as provided
for by Gownument Cade Sections 3500 at. Seq. The 1LM's meetings shall nor be "Meet
and Confer' sessions as that erm is used in Government Code Sections 3500 at. seq.
4. JLM consideration of proposed changes in terms and conditions of employment shall out
occur and is not a condition precedent to the exercise by the City of its rights.
47
AGENDA APPROVED ITEM
09/03/19, SD
SIGNATURE PAGE
CITV OF VERNON
Carlos R. Fandino Jr.
City Administrator
Michael A. Earl
Director of Human Resources
Lisene M. Grizzelle
Senior Human Resomees Analyst
APPROVED AS TO FORM:
Zayneh Moussa. Senior Deputy City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
Deborah A. Harrington, interim City Clerk
48
IBEW LOCAL 47
Pat Lavin
Business Manage/Financial Seeretary
Stan Stosel
Senior Assistant Business Manager
IBEW Business Representative
Jorrie V. Estrada
Union Committee Member
Edwin R. Oehoa
Union Committee Member
Ruben Rodriguez
Union Committee Member
AGENDA APPROVED ITEM
09/03/19, SD
IBEW: Addendum A
IBEW Position Titles
ASSISTANT RESOURCE SCHEDULER
ASSOCIATE ELECTRICAL ENGINEER
ASSOCIATE RESOURCE SCHEDULER
ELECTRIC OPERATOR
ELECTRICAL ENGINEER
ELECTRICAL TEST TECHNICIAN
ELECTRICAL TEST TECHNICIAN, SENIOR
GAS SYSTEMS SPECIALIST
GAS SYSTEMS TECHNICIAN
METERING TECHNICIAN
METERING TECHNICIAN, SENIOR _
POWER PLANT OPERATOR
PRINCIPAL RESOURCE SCHEDULER/TRADER
RESOURCE PLANNER
RESOURCE SCHEDULER
UTILITIES DISPATCHER
UTILITIES DISPATCHER, SENIOR
UTILITIES OPERATIONS TRAINEE
UTILITIES PROJECT COORDINATOR
AGENDA APPROVED ITEM
09/03/19, SO
IBEW: Addendum B
Section 1: Utilities Operations Trainee
1) Effective August 20, 2019, the base monthly salary of a Utilities Operations Trainee shall be:
Grade 123
Step 1
$
5,890
Step
$
6,194
Step 3
$
6,493
Step 4
$
6,818
Steps
S
7,159
Section 2: Go Systems Technician
1) Effective August 20, 2019, the base monthly salary of a Gas Systems Technician shall be:
Grade 126
Step I
S
6,818
Step
$
7,159
Step 3
$
7,517
Step 4
$
7,893
Step 5
$
8,287
Section 3: Assistant Resource Scheduler & Power Plant Operator
1) Effective August 20, 2019, the base monthly salary of an Associate Resource Scheduler and Power
Plant Operator shall be:
Grade 128
Step 1
$
7,517
Step 2
S
7,893
Step 3
$
8,287
Step 4
$
8,702
Step 5
$
9,137
AGENDA APPROVED ITEM
09/03/19, SD
IBEW: Addendum B
Section 4: Electrical Test Technician & Meterine Technician
1) Effective August 20, 2019, the base monthly salary of an Electrical Test Technician and Metering
Technician shall be:
Grade 129
Step 1
$
7,893
Step 2
$
8,287
Step 3
$
8,702
Step
$
9,137
Steps
$
9,594
Section 5: Associate Electrical Engineer, Associate Resources Scheduler, Electric Operator, &
Gas Systems Specialist
1) Effective August 20, 2019, the base monthly salary of an Associate Electrical Engineer, Associate
Resources Scheduler, Electrical Operator, and Gas Systems Specialist shall be:
Grade 130
Step 1
$
8,287
Step 2
$
8,702
Step 3
$
9,137
Step
$
9,594
Step 5
$
10,073
Section 6: Electrical Test Technician, Senior & Metering Technician, Senior
1) Effective August 20, 2019, the base monthly salary of an Electrical Test Technician, Senior and
Metering Technician, Senior shall be:
Grade 131
Step 1
$
8,702
Step 2
$
9,137
Step 3
$
9,594
Step 4
$
10,073
Step 5
$
10,577
AGENDA APPROVED ITEM
09/03/19, SD
IBEW: Addendum B
Section 7: Resource Scheduler
1) Ef ective August 20, 2019), the base monthly salary of a Resource Scheduler shall be:
Grade 132
Step I
$
9,137
Step 2
$
9,594
Step 3
$
10,073
Step 4
$
10,577
Steps
$
11,106
Secton 8: Utilities Dispatcher & Utilities Project Coordinator
1) Effective August 20, 2019, the base monthly salary of a Utilities Dispatcher and Utilities Project
Coordinator shall be:
Grade 133
Step 1
$
9,594
Step 2
$
10,073
Step 3
$
10,577
Step
$
11,106
Sup 5
S
11,661
S"thm 9: Principal Resource Scheduler/Trader & Utilities Dispatcher, Senior
1) Effective August 20, 2019, the base monthly salary of a Principal Resource Scheduler and Utilities
Dispatcher, Senior shall be:
Grade 134
Step 1
$
10,073
Step 2
$
10,577
Step
$
11,106
Step 4
$
11,661
Step 5
$
12,244
AGENDA APPROVED ITEM
09/03/19, SD
IBEW: Addendum B
Section 10: Electrical Engineer & Resource Planner
1) Effective August 20, 2019, the base monthly salary of an Electrical Engineer and Resource Planner
shall be:
Grade 135
Step 1
$
10,577
Step
$
11,106
Step 3
$
11,661
Step 4
$
12,244
Step 5
$
12,856