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Resolution No. 2025-023RESOLUTION NO. 2025-023 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, 2025 THROUGH JUNE 30, 2028 SECTION 1. Recitals. A. The International Brotherhood of Electrical Workers Local 47 (IBEW) has been recognized as an employee organization pursuant to Resolution No. 2013-57. B. On August 2, 2022, the City Council of the City of Vernon adopted Resolution No. 2022-30 approving a Memorandum of Understanding (MOU) setting forth certain terms and conditions for employment of the City of Vernon employees in classifications represented by the IBEW for the period of July 1, 2022 through June 30, 2025. C. The City and the IBEW have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2025 through June 30, 2028. D. Representative members of 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 IBEW, for the period of July 1, 2025, through June 30, 2028 (2025-2028 MOU). E. In July of 2025, IBEW submitted a unit modification that was executed by the City Administrator to reflect the current IBEW covered classifications, as set forth in the attached Exhibit B. This modification will be referenced as a side letter to the 2025-2028 IBEW MOU. F. The City Council desires to approve the 2025-2028 MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. 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 attached hereto as Exhibit A. SECTION 4. The City Council of the City of Vernon hereby instructs the City Resolution No. 2025-023 Page 2 of 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 2025-2028 MOU attached herein. SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk’s designee, to send a fully executed 2025-2028 MOU to John Baca IBEW Local 47 Assistant Business Manager. SECTION 6. The City Clerk, or Deputy City Clerk, shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED September 2, 2025. ________________________ LETICIA LOPEZ, Mayor ATTEST: GENOVEVA ROCHA, City Clerk APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney Resolution No. 2025-023 Page 3 of 54 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I do hereby certify that the attached is a true copy of Resolution No. 2025-023 that was passed and adopted at the Regular Meeting held on September 2, 2025, by the following vote: AYES: Larios, Merlo, Rivera, Ybarra, Lopez NOES: ABSENT: ABSTAIN: __________________________ GENOVEVA ROCHA, City Clerk 1 IBEW MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47 July 1, 2025 through June 30, 2028 ([KLELW$Resolution No. 2025-023 Page 4 of 54 2 IBEW 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 ........................................................ . 11 Section 2: Term ............................................................................................................. .11 Section 3: Maintenance of Existing Conditions ............................................................. 12 Section 4: Modification and Waiver ............................................................................... 12 Section 5: Severability .................................................................................................... 12 ARTICLE THREE: ORGANIZATIONAL SECURITY Section 1: Organizational Security ................................................................................. 13 Section 2: Contracting Out Provision ............................................................................. 13 ARTICLE FOUR: COMPENSATION Section 1: Salaries .......................................................................................................... 14 Section 2: Merit Steps ................................................................................................... 14 Section 3: Temporary Upgrade Pay – Special Assignment ......................................... . 15 Section 4: Bilingual Pay ................................................................................................. 15 Resolution No. 2025-023 Page 5 of 54 3 IBEW Section 5: Longevity Pay ................................................................................................ 15 Section 6: Promotions .................................................................................................. .. 16 Section 7: Reclassification .............................................................................................. 17 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization ................................................................................. 18 Section 2: Overtime Compensation ............................................................................... 18 Section 3: Compensatory Time ..................................................................................... . 18 Section 4: Call Backs ................................................................................................... . 19 Section 5: Shift Differential ……………………………………………………………19 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniforms ...................................................................................................... . 20 Section 2: Safety Boot/Shoe Voucher Program ............................................................ . 20 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS Section 1: Medical .......................................................................................................... 21 Section 2: Cafeteria Plan ................................................................................................. 21 Section 3: Dental ......................................................................................................... .. 22 Section 4: Vision ............................................................................................................ 22 Section 5: Life Insurance ................................................................................................ 22 Section 6: Deferred Compensation ................................................................................. 22 Section 7: Other City Employee Programs ................................................................... . 23 ARTICLE EIGHT: RETIREMENT Section 1: P.E.R.S. ........................................................................................................ 24 Section 2: P.E.R.S. Supplemental Plans ......................................................................... 25 Section 3: Retiree Medical .............................................................................................. 25 Resolution No. 2025-023 Page 6 of 54 4 IBEW ARTICLE NINE: HOLIDAYS Section 1: Holidays ....................................................................................................... . 27 Section 2: In-Lieu Holidays ............................................................................................ 28 ARTICLE TEN: VACATION Section 1: Vacation Leave. .............................................................................................. 29 Section 2: Vacation Accumulation .................................................................................... 29 Section 3: Scheduling of Vacation ..................................................................................... 30 ARTICLE ELEVEN: SICK LEAVE Section 1: Sick Leave. ...................................................................................................... 31 Section 2: Family Sick Leave ............................................................................................ 32 ARTICLE TWELVE: LEAVE BENEFITS Section 1: Jury Duty ......................................................................................................... 33 Section 2: Military Leave of Absence ................................................................................ 33 Section 3: Bereavement Leave ........................................................................................... 33 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions ......................................................................................................... 35 Section 2: 4/10 Work Schedule .......................................................................................... 35 Section 3: DuPont Schedule ............................................................................................... 35 Section 4: Standby Policy .................................................................................................. 36 Section 5: Performance Evaluations .................................................................................. 37 Section 6: Probation ......................................................................................................... 38 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE Grievance Procedure ................................................................................................................. 41 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE Discipline Procedure ................................................................................................................. 44 Resolution No. 2025-023 Page 7 of 54 5 IBEW ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE Joint Labor Management Committee ........................................................................................ 48 SIGNATURE PAGE Signatures ........................................................................................................................... .. 49 ADDENDUM A Addendum A ……………………………………………………………………………….. 50 Resolution No. 2025-023 Page 8 of 54 6 IBEW 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, 2025. 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. Resolution No. 2025-023 Page 9 of 54 7 IBEW 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. Resolution No. 2025-023 Page 10 of 54 8 IBEW 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 Resolution No. 2025-023 Page 11 of 54 9 IBEW employees selected by the Union to attend a Union-sponsored Steward seminar or training located in Southern California. The Union shall provide the City at least ten (10) calendar days prior written notice of the request to release the selected employees for the seminar. Such request shall include the date and start/end time of the seminar. City vehicles may be made available upon request subject to availability and the City’s vehicle use policy. Release time as provided for in any of the above sections shall not result in the City incurring any overtime. Section 6: Management Rights The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to: The exclusive right to determine the mission of its constituent departments, commissions, and boards; Set standards and levels of service; and to expand or diminish services; Determine the procedures and standards of selection of employment and promotions; Direct its employees; Establish and enforce dress and grooming standards; Relieve its employees from duty because of lack of work or other lawful reasons subject to the layoff procedure set forth in this memorandum of understanding; Maintain the efficiency of government operations; Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted; Determine the content and intent of job classifications; Determine methods of financing; Determine style and/or types of City issued wearing apparel, equipment, or technology to be used; Determine and/or change facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted; Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right Resolution No. 2025-023 Page 12 of 54 10 IBEW 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. Resolution No. 2025-023 Page 13 of 54 11 IBEW ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. Section 2: Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 2025, and shall remain in full force and effect up to and including midnight, the 30th day of June 2028, or until the next Memorandum of Understanding becomes effective The “effective date” does not reflect the date upon which any change to pay or other form of compensation is to be implemented. “Implement” shall mean an actual payment of a new or additional pay element. (b) Upon adoption by the City Council of this Memorandum of Understanding, the City shall take necessary steps to implement the provisions of this MOU with all due expediency. The City has agreed to limited retroactive pay consistent with the terms of this Memorandum of Understanding; the period of retroactive pay is from the first full pay period after July 1, 2025, through the date of City Council adoption of this Memorandum of Understanding. (c) 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, 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, 2028 and March 1, 2028. Resolution No. 2025-023 Page 14 of 54 12 IBEW 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. 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. Resolution No. 2025-023 Page 15 of 54 13 IBEW ARTICLE THREE ORGANIZATIONAL SECURITY Section 1: Organizational Security 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 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. 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. Resolution No. 2025-023 Page 16 of 54 14 IBEW ARTICLE FOUR COMPENSATION Section 1: Salaries A. Effective the first full pay period following July 1, 2025, each employee represented by the Union shall be placed within the proposed grade and step pay plan as a result of implementation of the Citywide classification and compensation plan, at the grade and step that is closest to but not less than the employee’s current base salary. B. Effective the first full pay period after July 1, 2026, eligible represented IBEW classifications shall receive a 5% merit step increase in accordance with Section 6 (Merit Steps) herein and the City’s Performance Evaluation Policy. The 5% merit step increase shall not exceed the maximum salary or step of the pay grade. C. The City and Union agree to a limited reopener to discuss a Cost-of-Living Adjustment (COLA) on base salary ranges for the third year of this MOU term. Effective the first full pay period after July 1, 2027, eligible employees shall receive a COLA based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim region, as published by the U.S. Bureau of Labor Statistics, for the 12-month period ending in March 2027, which shall not be less than 2% of base salary pay. Starting on April 5, 2027, the City and Union agree to meet and confer regarding a COLA amount equal to the percentage change in the applicable CPI-U, but which shall not be less than 2% of base salary pay, regardless of the actual CPI change. If the COLA is not finalized by the first full pay period after July 1, 2027, the COLA will be retroactive to first full pay period after July 1, 2027. D. Effective the first full pay period following July 1, 2025, eligible employees in IBEW represented classifications who do not receive a pay grade increase as a result of implementation of the Citywide classification and compensation plan will be eligible for a one-time non-pensionable retention payment of 3% of base salary pay. E. Attached as “Addendum B” is a listing of the IBEW represented positions and the hourly, monthly or annual salaries of each classification. It is understood that the information listed in Addendum B 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. Resolution No. 2025-023 Page 17 of 54 15 IBEW 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 and Generation 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 recommended by their Department Director and 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 $300.00 per month for bilingual pay. Section 5: Longevity Pay A. Employees Hired on or Before June 30, 1994 Five (5) Years of Service All eligible employees who have five (5) years of consecutive uninterrupted service on or before July l, 1986, shall receive an additional five percent (5%) per month of their base salary effective July l, 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 Resolution No. 2025-023 Page 18 of 54 16 IBEW 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%) per month upon said anniversary date. B. Employees Employed On or After July 1, 1994 and before December 31, 2013. The longevity program described in this Section will apply to all employees employed on or after July 1, 1994, and before December 31, 2013. Five (5) Years of Service All eligible employees who are employed on or after July 1, 1994, and before December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994, and before December 31, 2013. Section 6: Promotions Upon promotion, employees will be placed at the step within the grade for the position which results in at least a five percent (5%) increase, except that such increase cannot extend beyond the top step of the range. Please refer to Personnel Policy II-3, Salary Plan Administration for specific terms and policy. Resolution No. 2025-023 Page 19 of 54 17 IBEW 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 II-2, Reclassification Plan for specific terms and policy. Resolution No. 2025-023 Page 20 of 54 18 IBEW 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 double (2) their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek.For employees on a DuPont schedule, the double time rate shall apply to all hours worker over 40 during both the DuPont short week and long week. For Operations and Generations personnel regularly assigned to a 4/10 work schedule, employees shall be paid overtime at the double-time rate of pay for hours worked in excess of 10 consecutive hours in a shift. Employees regularly assigned to the 12-hour rotating Dupont schedule shall be paid at the double- time rate of pay for all hours worked in excess of 12 hours in a shift. 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 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 Resolution No. 2025-023 Page 21 of 54 19 IBEW 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. 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. For Operations and Generations personnel regularly assigned to a 4/10 work schedule, employees shall be paid overtime at the double-time rate of pay for hours worked in excess of 10 consecutive hours in a shift. Employees regularly assigned to the 12-hour rotating Dupont schedule shall be paid at the double- time rate of pay for all hours worked in excess of 12 hours in a shift. Section 5: Night Shift Differential An employee who works a shift during which at least fifty percent (50%) of hours worked fall between 5:00 pm and 5:00 am shall be eligible to receive night shift differential pay of $1.75 per hour for each hour worked during the applicable shift. If management proposes earlier shift hours, the City and Union shall meet and confer over this issue. Resolution No. 2025-023 Page 22 of 54 20 IBEW 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 Voucher Program The City will provide a safety boot/shoe voucher of $300.00 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 1st will be eligible for a pro-rated amount as follows: Hired, Promoted, or Reclassified on or between: Safety Boot/Shoe Voucher Program January 1 – March 31 $300 April 1 – June 30 $250 July 1 – September 30 $200 October 1 – December 31 $150 Employees receiving the boot/shoe voucher 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. Resolution No. 2025-023 Page 23 of 54 21 IBEW 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 Resolution No. 2025-023 Page 24 of 54 22 IBEW dependents, 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 IBEW-represented employees to participate in such program. Resolution No. 2025-023 Page 25 of 54 23 IBEW 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 including, but not limited to the following areas. Information on these policies and programs may be found using the link provided. x Computer purchase program https://www.cityofvernon.org/home/showpublisheddocument/824/637635968056100000 x Corrective eye surgery loan program https://www.cityofvernon.org/home/showpublisheddocument/1370/637635968698500000 x Flexible Spending Account https://www.cityofvernon.org/government/human-resources/benefits/current-employees/-folder-172 x Hearing aid device loan program https://www.cityofvernon.org/home/showpublisheddocument/1376/637635968710400000 x Education Assistance Program https://www.cityofvernon.org/home/showpublisheddocument/826/637635968096430000 x Court Time https://www.cityofvernon.org/home/showpublisheddocument/412/637618110854800000 Resolution No. 2025-023 Page 26 of 54 24 IBEW 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 for “classic” employees. 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 for (PEPRA) employees. IBEW members shall be responsible for paying 100% of their PERS employee’s contributions. The City and Union agree to a reopener to discuss the impacts and effects if the applicable laws concerning PERS are amended during the term of this contract. 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 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 (11%). Resolution No. 2025-023 Page 27 of 54 25 IBEW Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to IBEW employees under PERS as follows: x Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation x 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 x Gov’t Code Section: 21024 – Military Service Credit as Public Service x Gov’t Code Section: 21548 – Pre-Retirement Option 2W Death Benefit x Gov’t Code Section: 21573 – Third Level of 1959 Survivor Benefits Section 3: Retiree Medical A. The City will pay up to the am ount 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 am ount 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 up to the equivalent of the then-current lowest cost City-offered Employee-only medical- HMO and/or dental HMO insurance premium as of the date of employee’s retirement. 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. Resolution No. 2025-023 Page 28 of 54 26 IBEW E. Current active employees as of July 1, 2022, who have had a break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining eligibility for retiree medical benefits. F. 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. G. 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. H. 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. I. The offer of the retiree medical benefits is not a vested right for future years. Resolution No. 2025-023 Page 29 of 54 27 IBEW 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 and Mechanic, Lead on the Tuesday through Friday schedule, shall be provided with the following holidays with pay subject to the provisions below. 1. January 1st - New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents’ Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 6. June 19th - Juneteenth 7. July 4th – Independence Day 8. The first Monday in September – Labor Day 9. The second Monday in October – Indigenous Peoples’ Day 10. November 11th – Veterans Day 11. The 4th Thursday in November – Thanksgiving Day 12. December 24th – Christmas Eve 13. December 25th – Christmas Day 14. December 31st – New Year’s Eve 15. 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. If an authorized holiday falls on a Saturday, eligible employees shall be granted hours equivalent to one regular working day as a floating holiday. Each year effective July 1st, the City will determine the number of holidays that fall on a Saturday and will provide employees a bank of floating holiday hours to be used within that fiscal year. The timing of an employee’s use of floating holiday hours shall be subject to advance approval of their Department Head or designee. Floating holiday hours must be used prior to June 30 of the fiscal year in which the floating holiday was granted, and such hours cannot be cashed out or carried over into the next fiscal year Holidays falling on a Friday, 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. Resolution No. 2025-023 Page 30 of 54 28 IBEW 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. 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 60- hours of In-Lieu Holiday time effective July 1st of each fiscal year. Effective July 13, 2025, employees assigned to the DuPont Schedule shall be paid at their regular hourly rate of pay for the holiday, plus double (two times) their regular hourly rate of pay for the actual hours they are required to work on the following designated holidays: New Year’s Day, Fourth of July, Thanksgiving Day, and Christmas Day. B. An employee regularly assigned to the classification of Mechanic, Lead, 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 1st of each calendar year. C. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department. D. In-Lieu Holidays must be taken prior to June 30th of the fiscal year in which they are provided. Holidays may be taken as days off on dates desired by the employee subject to the approval of the Department Head or designee. E. Such In-Lieu Holidays not taken within the prescribed timeline, shall not be paid for unless the employee was continuously denied the opportunity to utilize them during the fiscal year for which such In-Lieu Holidays were granted. In that case only, the employee shall be paid for said In-Lieu Holidays not taken with his or her first payroll check on or after June 30th of the year in which the in-lieu holidays were granted, at his or her then regularly hourly rate of pay, excluding all other compensation computed in accordance with the applicable salary. F. An employee who resigns, retires, transfers into a 4/10 work schedule or is terminated shall not be entitled to any compensation for In-Lieu Holidays not taken unless previously denied. Resolution No. 2025-023 Page 31 of 54 29 IBEW 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 1st year thru 4th year 80 3.08 5th year thru 9th year 100 3.85 10th year thru 14th year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 12-Hour Rotation Shift (DuPont Schedule): 1st year thru 9th year 120 4.62 10th year thru 14th year 160 6.16 15th year and more 160 + one week’s equivalent 6.16 salary on anniversary date and each anniversary date thereafter. Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining accrual of vacation leave. 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. Resolution No. 2025-023 Page 32 of 54 30 IBEW E. Effective July 1, 2025, all former Heorot employees who transitioned to City employment upon the City’s reacquisition of the Malburg Generating Station with continuous and uninterrupted time served as a Heorot and City of Vernon employee will be eligible for City leave accruals based on their total number of continuous and uninterrupted service years with Heorot and City of Vernon. 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. Resolution No. 2025-023 Page 33 of 54 31 IBEW 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. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all 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 and shall be eligible to use accrued sick leave after satisfying a 90-day employment period. Employee shall only receive sick leave accrual while they are in a paid status. A. The City shall allow annual carry-over of sick leave hours up to a maximum accrual cap of 960 hours. This bank of carry-over would provide a cushion for longer-term illnesses and injuries. B. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 960 will be compensated 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 Resolution No. 2025-023 Page 34 of 54 32 IBEW 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, children, mother, or father of the employee. 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. Resolution No. 2025-023 Page 35 of 54 33 IBEW 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. Resolution No. 2025-023 Page 36 of 54 34 IBEW 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 learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied. Resolution No. 2025-023 Page 37 of 54 35 IBEW 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 General Manager of Public Utilities 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 Public Utilities Dispatchers, Electric Operators, Control Room Operators and Field 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 Public Utilities 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: Resolution No. 2025-023 Page 38 of 54 36 IBEW 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: Standby Policy Stand-by time is that period of time other than the employee's regularly scheduled working hours when an employee, at the direction of his/her Department Head, is on standby duty. All IBEW covered classifications shall receive four (4) hours of standby pay for each off day and City holiday they are assigned to standby duty. An employee scheduled for standby may trade with or give their standby assignment to another qualified employee, provided standby coverage is maintained without interruption. The practice of shift trading is voluntary on behalf of each employee involved in the trade and will not be monitored by the City. Employees scheduled for standby are responsible for ensuring their standby coverage without operational disturbance or interruption. 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 Resolution No. 2025-023 Page 39 of 54 37 IBEW 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 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 four (4 ) 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 Resolution No. 2025-023 Page 40 of 54 38 IBEW 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. Section 6: Probation Probation is defined as a period of tentative appointment to a permanent-full-time position, during which competence and fitness for that position shall be judged from actual performance of the essential functions of the job. The probation period shall be considered a part of the selection process, affording the appointing authority an opportunity to evaluate those factors and qualities which may not have been determined by formal testing procedures. Before employees are appointed to their positions on a permanent, classified (i.e. non-at will) basis, such employees must satisfactorily complete a probation period. Failure to meet the performance standards for a position is not considered discipline. An employee serving a probationary period has no property interest in his or her position until the probationary period is successfully completed, and the employee is considered at-will during the probationary period. Probation required - Probationary periods shall be required for all appointments/promotions to regular full-time classified positions for: a. Initial hire into the City service b. Promotion in which an employee moves from a position in one class to a position in another class with a salary range having a higher maximum rate of pay c. External departmental transfer (except in case of transfer in lieu of layoff, or reorganization) d. Rehire, if more than 12 months have elapsed since voluntary separation Probation not required - Probationary periods shall not be required for: a. Appointments of a temporary, emergency, or of an "acting" nature b. Status change in which an employee has no change in duties and responsibilities as a result of changing the number of hours worked per week (e.g. moving between full-time and part-time) within the same classification and department (e.g. Administrative Assistant working 40 hours a week instead of 20 for the same department). In order for this section to apply, the employee must have worked in the classification 1040 hours to satisfy the 5-month probationary period or 2080 hours to satisfy the 12-month probationary period. c. Internal departmental transfer within the same classification Resolution No. 2025-023 Page 41 of 54 39 IBEW d. Reclassification of position e. Internal or External department transfer in lieu of layoff or reorganization f. Voluntary demotion (non-performance related or in lieu of discipline) Length of Probationary Periods a. General rule: Probationary periods shall be for 6 months of continuous service in that classification for general employees and 12 months of continuous services in that classification for safety employees. b. Calculation of start of period: The actual date set for purpose of calculating the start of the probation period shall be the first date of hire (for a new employee), and for other employees, the first date of the pay period for which the new classification applies (typically the first day of the pay period that starts after the new classification is announced). Extension of Probationary Periods An employee's initial probation may be extended, at the Department Head's discretion, if necessary, for a period not to exceed 6 months. The Department Head is encouraged to confer with the Human Resources Department prior to taking action. If extended, such action must be taken during the initial probationary period. Any extended period of absence from duty for 20 working days or more for any reason except scheduled vacations, shall automatically cause a probation period to be extended for a period equal to the period of absence. Performance Reviews Department Heads shall initiate performance evaluations on all probationary employees. These records may be considered in decisions related to employee's eligibility to continue employment during the probationary period. Status Upon Completion of Probation A permanent appointment to a position in the City service shall be made upon satisfactory completion of the probationary period. The Department Head shall draft appropriate documents to retain or not to retain a probationary employee. Upon being appointed to a position that is both regular and permanent, an employee has a property interest in the employee's job, thus giving the employee certain rights required by law. Separation During Probationary Period If at any time during the probationary period, including any probationary extension period, the appointing authority determines that the employee does not meet standards for the position, the Resolution No. 2025-023 Page 42 of 54 40 IBEW employee shall be separated from the position without right of hearing or appeal. Employees who are discharged from probationary positions have the right to return to their former regular position with the City, if any. To have this right, the discharged employee must have held a position with the City for which the employee had satisfactorily completed any probationary period. Except for safety personnel, the former position must be vacant with no incumbent occupying the position previously held by the employee. Resolution No. 2025-023 Page 43 of 54 41 IBEW 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 Resolution No. 2025-023 Page 44 of 54 42 IBEW 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. Resolution No. 2025-023 Page 45 of 54 43 IBEW 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. Resolution No. 2025-023 Page 46 of 54 44 IBEW 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 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. Resolution No. 2025-023 Page 47 of 54 45 IBEW 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 completion of Resolution No. 2025-023 Page 48 of 54 46 IBEW 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. 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 Resolution No. 2025-023 Page 49 of 54 47 IBEW 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. 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 or designee. The employee’s request for appeal must be addressed to the City Administrator and received by 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. Resolution No. 2025-023 Page 50 of 54 48 IBEW 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 Administrator's office, the Human Resources Department and the Public Utilities 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. Resolution No. 2025-023 Page 51 of 54 49 IBEW SIGNATURE PAGE CITY OF VERNON IBEW LOCAL 47 Brian T. Saeki Colin Lavin City Administrator/”MERR” Business Manager/Financial Secretary Lisette M. Grizzelle John Baca Human Resources Program Manager Assistant Business Manager Alice Hui Edwin Ochoa Director of Finance/City Treasurer Union Committee Member Joaquin Leon Jorrie V. Estrada Deputy City Treasurer Union Committee Member Angela Kimmey Keith Hupke Deputy City Administrator Union Committee Member Su Tan Robert Shelton Director of Human Resources Union Committee Member Tyler Cashman Human Resources Analyst APPROVED AS TO FORM: _____________________________________ Zaynah N. Moussa, City Attorney APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________ ATTEST: __________________________________ Dated: _____________________, Genoveva Rocha, City Clerk Resolution No. 2025-023 Page 52 of 54 50 IBEW Resolution No. 2025-023 Page 53 of 54 APPROVED AS TO FORM: ____________________________ Zayna N. Moussa, City Attorney ATTEST: ______________________________ Genoveva Rocha, City Clerk PPROVED AS TO FO __________________ ayna N. Moussa, City ([KLELW% Resolution No. 2025-023 Page 54 of 54 City Council Agenda Report Meeting Date:September 2, 2025 From:Su Tan, Director of Human Resources Department:Human Resources Submitted by:Lisette Grizzelle, Human Resources Program Manager Subject Memoranda of Understanding – Labor Negotiations Recommendation A. Adopt Resolution No. 2025-023 approving the 2025-2028 Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 (IBEW); B. Adopt Resolution No. 2025-024 to recognize Teamsters, Local 986 as an employee organization; and approve the 2025-2028 Memorandum of Understanding by and between the City of Vernon and Teamsters Local Union 986 (Teamsters); C. Adopt Resolution No. 2025-025 approving the 2025-2028 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association (VPMA); and D. Adopt Resolution No. 2025-026 approving the 2025-2028 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers’ Benefit Association (VPOBA). Background In accordance with state law, the City participates in labor negotiations with the bargaining groups that represent employees of the City. Such negotiations result in Memoranda of Understanding (MOUs) that set forth the terms and conditions of employment for represented City employees. The City recognizes four bargaining groups including the International Brotherhood of Electrical Workers, Local 47 (IBEW), representing a variety of trainee, maintenance and technical City staff; Teamsters, Local Union 986, representing a variety of technical, maintenance, administrative, and professional City staff; the Vernon Police Management Association (VPMA) representing sworn management City staff; and the Vernon Police Officers’ Benefit Association (VPOBA) representing sworn Officers and Supervisors. Existing MOUs between the City and its four bargaining groups expired June 30, 2025. Pursuant to City Council direction and authority, negotiations with the bargaining groups began in January 2025. Following labor negotiations with each of the bargaining groups, the City has reached tentative successor MOUs with all four groups, subject to approval by the City Council. 2025-2028 MOUs The following terms are common across all four proposed MOUs: •Three-year term from July 1, 2025 through June 30, 2028 (key provisions retroactive to the first full pay period after July 1, 2025) •A limited reopener to discuss a Cost of Living Adjustment (COLA) on base salary ranges for the third year of the MOU term •Increase in Bilingual Pay from $275 to $300 per month for eligible employees. •Addition of June 19 “Juneteenth” as an authorized City holiday •Additional language regarding retiree monthly reimbursement payment to provide clarity, uniform implementation and administration 2025-2028 IBEW MOU (Resolution No. 2025-023) Resolution No. 2025-023 approves a successor MOU with IBEW, Local 47 that, in addition to the common MOU terms noted above, reflects the following key provisions: •Each employee represented by the Union shall be placed within the proposed grade and step pay plan as a result of implementation of the Citywide classification and compensation study, at a grade and step that is closest to but not less than the employee’s current base salary. •Change in Overtime Compensation from time and a half to double time for all eligible hours worked in excess of forty hours in a single workweek. For employees on DuPont schedule, double time rate shall apply to all hours worked over 48 during the DuPont workweek. •Addition of Night Shift Differential, employees who work a shift during which at least 50% of hours worked fall between 5:00 p.m. and 5:00 a.m. shall be eligible to receive night shift differential pay of $1.75 per hour. •Change safety footwear allowance to a voucher program and increase from $200 allowance to a $300 voucher with corresponding modifications to the prorated schedule. •Language change to provide a floating holiday to eligible employees for holidays that fall on a Saturday (not eligible to carry over into the following year or for cash out). •Modification to In Lieu Holiday time. Employees assigned to the DuPont Schedule shall be paid at their regular hourly rate of pay for the holiday, plus double (2X) their regular hourly rate of pay for the actual hours they are required to work on the following designated holidays: New Year’s Day, Fourth of July, Thanksgiving Day and Christmas Day. •Addition to Vacation Accumulation. Effective July 1, 2025, all former Heorot employees who transitioned to City employment upon the City’s re-acquisition of the Malburg Generating Station with continuous and uninterrupted time served as a Heorot and City of Vernon employee will be eligible for City leave accruals based on their total number of continuous and uninterrupted service years with Heorot and the City. •Modification to Standby language. All IBEW covered classifications shall receive four (4) hours of standby pay for each off day and City holiday they are assigned to standby duty. An employee scheduled for standby may trade with or give their standby assignment to another qualified employee, provided standby coverage is maintained without interruption. The practice of shift trading is voluntary on behalf of each employee involved in the trade and will not be monitored by the City. Employees scheduled for standby are responsible for ensuring their standby coverage without operational disturbance or interruption. In addition, Resolution No. 2025-023 memorializes a Side Letter of Agreement between the City and IBEW regarding covered classifications. In July of 2025, IBEW submitted a unit modification that was executed by the City Administrator to reflect the current IBEW covered classifications. This modification is referenced as a side letter to the 2025-2028 IBEW MOU and Exhibit B to the resolution. 2025-2028 Teamsters MOU (Resolution No. 2025-024) On June 1, 2025, Teamsters Local 911 merged with Teamsters Local 986 (Teamsters). The Election results and merger were approved by the International Brotherhood of Teamsters. Teamsters Local Union 986 provided documentation to support this change/merger. Resolution No. 2025-024 recognizes Teamsters Local Union 986 (Teamsters) as an employee organization and approves a successor MOU with Teamsters, Local Union 986 that, in addition to the common MOU terms noted above, reflects the following key provisions: •Each employee represented by the Union shall be placed within the proposed grade and step pay plan as a result of implementation of the Citywide classification and compensation study, at a grade and step that is closest to but not less than the employee’s current base salary. •Increase in Certificate Pay from 2.5% to 5% of the employee’s base rate of pay for possession of a maximum of one of the designated certificates within a respective classification. •Addition, deletions, and revisions to the types of certificates eligible for Certificate Pay. •Revision to Uniforms and Safety Footwear Allowance language to include required footwear for non-sworn Police Department employees. •Change safety footwear allowance to a voucher program and increase from $200 allowance to a $300 voucher with corresponding modification to the prorated schedule. •Language change to provide a floating holiday to eligible employees for holidays that fall on a Saturday (not eligible to carry over into the following year or for cash out). •Addition of double time pay for any employee, including one assigned to a 24-7 operation who is not regularly scheduled to work on a designated holiday but is called in to work on that holiday. •Addition of Shift Differential for employees who are regularly assigned to a 24-7 operation and work a night shift during which at least fifty percent of hours worked fall between 7:30 p.m. and 5:30 a.m. 2025-2028 VPMA MOU (Resolution No. 2025-025) Resolution No. 2025-025 approves a successor MOU with the Vernon Police Management Association that, in addition to the common MOU terms noted above, reflects the following key provisions: •Each employee represented by the Association shall be placed within the proposed grade and step pay plan as a result of implementation of the Citywide classification and compensation study, at a grade and step that is closest to but not less than the employee’s current base salary. •Addition of Supervisory POST to Certification Incentive Pay. •Change from 110 “in lieu” holiday hours per calendar year to the City determined number of holidays observed multiplied by the employees’ paid hours per shift. 2025-2028 VPOBA MOU (Resolution No. 2025-026) Resolution No. 2025-026 approves a successor MOU with the Vernon Police Officers’ Benefit Association that, in addition to the common MOU terms noted above, reflects the following key provisions: •Each employee represented by the Association shall be placed within the proposed grade and step pay plan as a result of implementation of the Citywide classification and compensation plan, as specified in Exhibit A of the MOU. •Addition of Supervisory POST to Certification Incentive Pay. •Change to Field Training Officer (FTO) Pay from 5% to 2.5% while assigned as FTO, and addition of clarification language specifically not to be compounded and not included in payout of leave hours. •Change to Motor Officers assignment to include 5% premium pay of base salary when assigned to Motorcycle Patrol (this will not be part of employee’s base salary). •Change to Police Corporal Assignment Premium Pay to add 2.5% to Police Corporals designated as Watch Commanders (this will not be part of employee’s base salary). •Vacation Accruals to mirror same accruals as VPMA, and clarification of two sworn Police Officer work shifts. •Clarification of City Vehicle section adding adherence to Vehicle Use Policy. •Clarification of In-Lieu Holiday section adding adherence to mandated leave labor code. The proposed MOUs and corresponding resolutions have been approved as to form by the City Attorney. Fiscal Impact The total fiscal impact is estimated at $2,206,782. Sufficient funds are available in the salary and benefit accounts of the respective City and Public Utilities Departments for IBEW MOU proposed amendments in the amount of $410,707, Teamsters MOU proposed amendments in the amount of $534,747, VPMA MOU proposed amendments in the amount of $277,675, and VPOBA MOU proposed amendments in the amount of $983,653, for the Fiscal Year 2025-26. Funding for subsequent fiscal years will be included in future proposed budgets. Attachments 1. IBEW Local 47 MOU Resolution No. 2025-023 2. IBEW MOU 2025-2028 (Redline) 3. Teamsters Local Union 986 MOU Resolution No. 2025-024 4. Teamsters MOU 2025-2028 (Redline) 5. VPMA MOU Resolution No. 2025-025 6. VPMA MOU 2025-2028 (Redline) 7. VPOBA MOU Resolution No. 2025-026 8. VPOBA MOU 2025-2028 (Redline) 1 IBEW MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47 July 1, 20252 through June 30, 20285 2 IBEW 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 ........................................................ . 11 Section 2: Term ............................................................................................................. .11 Section 3: Maintenance of Existing Conditions ............................................................. 11 Section 4: Modification and Waiver ............................................................................... 12 Section 5: Severability .................................................................................................... 12 ARTICLE THREE: ORGANIZATIONAL SECURITY Section 1: Organizational Security ................................................................................. 13 Section 2: Contracting Out Provision ............................................................................. 13 ARTICLE FOUR: COMPENSATION Section 1: Salaries .......................................................................................................... 14 Section 2: Merit Steps ................................................................................................... 14 Section 3: Temporary Upgrade Pay – Special Assignment ......................................... . 14 Section 4: Bilingual Pay ................................................................................................. 15 3 IBEW Section 5: Longevity Pay ................................................................................................ 15 Section 6: Promotions .................................................................................................. .. 16 Section 7: Reclassification .............................................................................................. 16 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization ................................................................................. 17 Section 2: Overtime Compensation ............................................................................... 17 Section 3: Compensatory Time ..................................................................................... . 17 Section 4: Call Backs ................................................................................................... . 19 Section 5: Shift Differential ……………………………………………………………19 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniforms ...................................................................................................... . 20 Section 2: Safety Boot/Shoe Allowance Voucher Program .......................................... . 20 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS Section 1: Medical .......................................................................................................... 21 Section 2: Cafeteria Plan ................................................................................................. 21 Section 3: Dental ......................................................................................................... .. 22 Section 4: Vision ............................................................................................................ 22 Section 5: Life Insurance ................................................................................................ 22 Section 6: Deferred Compensation ................................................................................. 22 Section 7: Other City Employee Programs ................................................................... . 23 ARTICLE EIGHT: RETIREMENT Section 1: P.E.R.S. ........................................................................................................ 23 Section 2: P.E.R.S. Supplemental Plans ......................................................................... 24 Section 3: Retiree Medical .............................................................................................. 25 4 IBEW ARTICLE NINE: HOLIDAYS Section 1: Holidays ....................................................................................................... . 27 Section 2: In-Lieu Holidays ............................................................................................ 28 ARTICLE TEN: VACATION Section 1: Vacation Leave. .............................................................................................. 29 Section 2: Vacation Accumulation .................................................................................... 29 Section 3: Scheduling of Vacation ..................................................................................... 30 ARTICLE ELEVEN: SICK LEAVE Section 1: Sick Leave. ...................................................................................................... 31 Section 2: Family Sick Leave ............................................................................................ 32 ARTICLE TWELVE: LEAVE BENEFITS Section 1: Jury Duty ......................................................................................................... 33 Section 2: Military Leave of Absence ................................................................................ 33 Section 3: Bereavement Leave ........................................................................................... 33 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions ......................................................................................................... 35 Section 2: 4/10 Work Schedule .......................................................................................... 35 Section 3: DuPont Schedule ............................................................................................... 35 Section 4: Standby Policy .................................................................................................. 36 Section 5: Performance Evaluations .................................................................................. 37 Section 6: Probation ......................................................................................................... 38 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE Grievance Procedure ................................................................................................................. 41 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE 5 IBEW Discipline Procedure ................................................................................................................. 44 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE Joint Labor Management Committee ........................................................................................ 48 SIGNATURE PAGE Signatures ........................................................................................................................... .. 49 6 IBEW 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, 20252. 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. 7 IBEW 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. 8 IBEW 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 9 IBEW employees selected by the Union to attend a Union-sponsored Steward seminar or training located in Southern California. The Union shall provide the City at least ten (10) calendar days prior written notice of the request to release the selected employees for the seminar. Such request shall include the date and start/end time of the seminar. City vehicles may be made available upon request subject to availability and the City’s vehicle use policy. Release time as provided for in any of the above sections shall not result in the City incurring any overtime. Section 6: Management Rights The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to:  The exclusive right to determine the mission of its constituent departments, commissions, and boards;  Set standards and levels of service; and to expand or diminish services;  Determine the procedures and standards of selection of employment and promotions;  Direct its employees;  Establish and enforce dress and grooming standards;  Relieve its employees from duty because of lack of work or other lawful reasons subject to the layoff procedure set forth in this memorandum of understanding;  Maintain the efficiency of government operations;  Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted;  Determine the content and intent of job classifications;  Determine methods of financing;  Determine style and/or types of City issued wearing apparel, equipment, or technology to be used;  Determine and/or change facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted;  Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right 10 IBEW 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. 11 IBEW ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. Section 2: Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 20252, and shall remain in full force and effect up to and including midnight, the 30th day of June 20285, or until the next Memorandum of Understanding becomes effective The “effective date” does not reflect the date upon which any change to pay or other form of compensation is to be implemented. “Implement” shall mean an actual payment of a new or additional pay element. (a)(b) Upon adoption by the City Council of this Memorandum of Understanding, the City shall take necessary steps to implement the provisions of this MOU with all due expediency. The City has agreed to limited retroactive pay consistent with the terms of this Memorandum of Understanding; the period of retroactive pay is from theto first full pay period after July 1, 2025, through the date of City Council adoption of this Memorandum of Understanding. (b)(c) 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, 20285 and March 1, 20285. 12 IBEW 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. 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. 13 IBEW ARTICLE THREE ORGANIZATIONAL SECURITY Section 1: Organizational Security 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 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. 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. 14 IBEW ARTICLE FOUR COMPENSATION Section 1: Salaries A. Effective the first full pay period following July 1, 2025, each employee represented by the Union shall be placed within the proposed grade and step pay plan as a result of implementation of the Citywide classification and compensation plan, at the grade and step that is closest to but not less than the employee’s current base salary. B. Effective the first full pay period after July 1, 2026, eligible represented IBEW classifications shall receive a 5% merit step increase in accordance with Section 6 (Merit Steps) herein and the City’s Performance Evaluation Policy. The 5% merit step increase shall not exceed the maximum salary or step of the pay grade. C. The City and Union agree to a limited reopener to discuss a Cost-of-Living Adjustment (COLA) on base salary ranges for the third year of this MOU term. Effective the first full pay period after July 1, 2027, eligible employees shall receive a COLA based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim region, as published by the U.S. Bureau of Labor Statistics, for the 12-month period ending in March 2027, which shall not be less than 2% of base salary pay. Starting on April 5, 2027, the City and Union agree to meet and confer regarding a COLA amount equal to the percentage change in the applicable CPI-U, but which shall not be less than 2% of base salary pay, regardless of the actual CPI change. If the COLA is not finalized by the first full pay period after July 1, 2027, the COLA will be retroactive to first full pay period after July 1, 2027. A. Effective July 31, 2022, the base salaries for represented classifications shall be increased three percent (3%). B. Effective the first full pay period in July of each subsequent year during the term of the agreement, the base salaries for represented classifications shall be increased three percent (3%). D. Effective the first full pay period following July 1, 2025, eligible employees in IBEW represented classifications who do not receive a pay grade increase as a result of implementation of the Citywide classification and compensation plan will be eligible for a one-time non-pensionable retention payment of 3% of base salary pay. C.E. Attached as “Addendum B” is a listing of the IBEW represented positions and the hourly, monthly or annual salaries of each classification. It is understood that the information listed in Addendum B may become outdated during the term of this Agreement. Section 2: Merit Steps Formatted: Font: (Default) Times New Roman, 12 pt, Condensed by 0.05 pt 15 IBEW 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 and Generation 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 recommended by their Department Director and 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 $275.00$300.00 per month for bilingual pay. Section 5: Longevity Pay A. Employees Hired on or Before June 30, 1994 Five (5) Years of Service All eligible employees who have five (5) years of consecutive uninterrupted service on or before July l, 1986, shall receive an additional five percent (5%) per month of their base salary effective July l, 1986, and every year thereafter until reaching the next step. Employees upon 16 IBEW 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, 198 9 , a n d e v e r y y e a r t h e r e a f t e r . Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. B. Employees Employed On or After July 1, 1994 and before December 31, 2013. The longevity program described in this Section will apply to all employees employed on or after July 1, 1994, and before December 31, 2013. Five (5) Years of Service All eligible employees who are employed on or after July 1, 1994, and before December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994, and before December 31, 2013. Section 6: Promotions 17 IBEW 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 II-2, Reclassification Plan for specific terms and policy. 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 halfdouble (21.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek. For employees on a 18 IBEW DuPont schedule, the double time rate shall apply to all hours worked over 48 during the DuPont workweek. For employees on a DuPont schedule, the double time rate shall apply to all hours worker over 40 during both the DuPont short week and long week. For Operations and Generations personnel regularly assigned to a 4/10 work schedule, employees shall be paid overtime at the double-time rate of pay for hours worked in excess of 1014 consecutive hours in a shift. Employees regularly assigned to the 12-hour rotating Dupont schedule shall be paid at the double- time rate of pay for all hours worked in excess of 1216 hours in a shift. 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. 19 IBEW 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. For Operations and Generations personnel regularly assigned to a 4/10 work schedule, employees shall be paid overtime at the double-time rate of pay for hours worked in excess of 1014 consecutive hours in a shift. Employees regularly assigned to the 12-hour rotating Dupont schedule shall be paid at the double- time rate of pay for all hours worked in excess of 1216 hours in a shift. Section 5: Night Shift Differential An employee who works a shift during which at least fifty percent (50%) of hours worked fall between 5:00 pm and 5:00 am shall be eligible to receive night shift differential pay of Shift differential pay set at $1.75 per hour for each hour worked during the applicable shift. for night shifts (5:00 PM to 5:00 AM). If management proposes earlier shift hours, the City and Union shall meet and confer over this issue. Commented [ZM1]: Same comment as above, confirming this is consistent with double time application for anything over 48 hours in a DuPont week? Commented [ZM2]: Revised for consistency with Teamsters shift differential language, but feel free to edit if we’ve agreed to something different for IBEW. Commented [LG3R2]: Change accepted. Commented [ZM4]: Not sure what this means, if management proposes an earlier start time for shift differential pay, or a work schedule change that would move the employee’s regular start time? Commented [LG5R4]: For work schedule. 20 IBEW 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 AllowanceVoucher Program The City will provide a safety boot/shoe allowance voucher of $300.00$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 1st will be eligible for a pro-rated amount as follows: Hired, Promoted, or Reclassified on or between: Safety Boot/Shoe AllowanceVoucher Program January 1 – March 31 $300200 April 1 – June 30 $2150 July 1 – September 30 $2100 October 1 – December 31 $150 Employees receiving the boot/shoe allowance voucher 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. 21 IBEW 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 22 IBEW dependents, 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 IBEW-represented employees to participate in such program. 23 IBEW 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 including, but not limited to the following areas. Information on these policies and programs may be found using the link provided.  Computer purchase program https://www.cityofvernon.org/home/showpublisheddocument/824/637635968056100000  Corrective eye surgery loan program https://www.cityofvernon.org/home/showpublisheddocument/1370/637635968698500000  Flexible Spending Account https://www.cityofvernon.org/government/human-resources/benefits/current-employees/-folder-172  Hearing aid device loan program https://www.cityofvernon.org/home/showpublisheddocument/1376/637635968710400000  Education Assistance Program https://www.cityofvernon.org/home/showpublisheddocument/826/637635968096430000  Court Time https://www.cityofvernon.org/home/showpublisheddocument/412/637618110854800000 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 for “classic” employees. 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 for (PEPRA) employees. IBEW members shall be responsible for paying 100% of their PERS employee’s contributions. The City and Union agree to a reopener to discuss the impacts and effects if the applicable laws concerning PERS are amended during the term of this contract. 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 24 IBEW 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 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 (11%). Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to IBEW employees under PERS as follows:  Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation  New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation  Gov’t Code Section: 21024 – Military Service Credit as Public Service  Gov’t Code Section: 21548 – Pre-Retirement Option 2W Death Benefit  Gov’t Code Section: 21573 – Third Level of 1959 Survivor Benefits 25 IBEW 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 up to the equivalent ofto the then-current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance premium as of the date of employee’s retirement. 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. Current active employees as of July 1, 2022, who have had a break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining eligibility for retiree medical benefits. F. 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. G. 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. H. The City’s obligation to make any payment under the retiree medical benefits 26 IBEW program shall automatically terminate and cease upon the death of the retired employee. I. The offer of the retiree medical benefits is not a vested right for future years. 27 IBEW Formatted: Indent: First line: 3" 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 and Mechanic, Lead on the Tuesday through Friday schedule, shall be provided with the following holidays with pay subject to the provisions below. 1. January 1st - New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents’ Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 5.6. June 19th - Juneteenth 6.7.July 4th – Independence Day 7.8.The first Monday in September – Labor Day 8.9.The second Monday in October – Columbus Day Indigenous Peoples’ Day 9.10. November 11th – Veterans Day 10.11. The 4th Thursday in November – Thanksgiving Day 11.12. December 24th – Christmas Eve 12.13. December 25th – Christmas Day 13.14. December 31st – New Year’s Eve 14.15. 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. If an authorized holiday falls on a Saturday, eligible employees shall be granted hours equivalent to one regular working day as a floating holiday. Each year effective July 1st, the City will determine the number of holidays that fall on a Saturday and will provide employees a bank of floating holiday hours to be used within that fiscal year. The timing of an employee’s use of floating holiday hours shall be subject to advance approval of their Department Head or designee. Floating holiday hours must be used prior to June 30 of the fiscal year in which the floating holiday was granted, and such hours cannot be cashed out or carried over into the next fiscal year 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. Formatted: Superscript Formatted: Line spacing: Multiple 1.15 li 28 IBEW Formatted: Indent: First line: 3" 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 and Mechanic, Lead 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. 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 60- hours of In-Lieu Holiday time effective July 1st of each fiscal year. Effective July 13, 2025, employees assigned to the DuPont Schedule shall be paid at their regular hourly rate of pay for the holiday, plus double (two times) their regular hourly rate of pay for the actual hours they are required to work on the following designated holidays: New Year’s Day, Fourth of July, Thanksgiving Day, and Christmas Day. 12-Hour Dupont schedule, the following holidays: New Years day, 4th of July, Thanksgiving Day, Christmas Day for employees who are 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. B. An employee regularly assigned to the classification of Resource Scheduler and Mechanic, Lead, 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 1st of each calendar year. C. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department. D. In-Lieu Holidays must be taken prior to June 30th of the fiscal year in which they are provided. Holidays may be taken as days off on dates desired by the employee subject to the approval of the Department Head or designee. E. Such In-Lieu Holidays not taken within the prescribed timeline, shall not be paid for unless the employee was continuously denied the opportunity to utilize them during the fiscal year for which such In-Lieu Holidays were granted. In that case only, the employee shall be paid for said In-Lieu Holidays not taken with his or her first payroll check on or after June 30th of the year in which the in-lieu holidays were granted, at his or her then regularly hourly rate of pay, excluding all other compensation computed in accordance with the applicable salary. F. An employee who resigns, retires, transfers into a 4/10 work schedule or is terminated shall not be entitled to any compensation for In-Lieu Holidays not taken unless previously denied. Commented [ZM6]: Proposed edits for clarity, this results in triple time for actual hours worked on the major holidays? Commented [LG7R6]: Accept change. 29 IBEW Formatted: Indent: First line: 3" 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 1st year thru 4th year 80 3.08 5th year thru 9th year 100 3.85 10th year thru 14th year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 12-Hour Rotation Shift (DuPont Schedule): 1st year thru 9th year 120 4.62 10th year thru 14th year 160 6.16 15th year and more 160 + one week’s equivalent 6.16 salary on anniversary date and each anniversary date thereafter. Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining accrual of vacation leave. 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. 30 IBEW Formatted: Indent: First line: 3" D.E. All Effective July 1, 2025, all former Heorot employees thatwho transitioned to City employment upon the City’s reacquisition of the Malburg Generating Station are now City employees with continuous and uninterrupted time served as a Heorot and City of Vernon employee will be eligible for City leave accruals, based on their total number of continuous and uninterrupted service years with Heorot and City of Vernon effective July 1, 2025. 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. Commented [ZM8]: To confirm, this is granting former Heorot employees who transitioned to the City post-buyout leave accruals based on their total, uninterrupted service years as either a Heorot or City employee (e.g., an employee worked for Vernon, then Heorot, then Vernon again, all service years count if they were continuous and uninterrupted)? Commented [LG9R8]: Employee worked for Vernon, then Heorot, then Vernon again, all service years count if they were continuous and uninterrupted, Yes they will be eligible for leave accruals based on total time. Same for Heorot, then Vernon employees. 31 IBEW Formatted: Indent: First line: 3" 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. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all 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 and shall be eligible to use accrued sick leave after satisfying a 90-day employment period. Employee shall only receive sick leave accrual while they are in a paid status. A. The City shall allow annual carry-over of sick leave hours up to a maximum accrual cap of 960 hours. This bank of carry-over would provide a cushion for longer-term illnesses and injuries. B. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 960 will be compensated 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 32 IBEW Formatted: Indent: First line: 3" 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, children, mother, or father of the employee. 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. 33 IBEW Formatted: Indent: First line: 3" 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. 34 IBEW Formatted: Indent: First line: 3" 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 learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied. 35 IBEW Formatted: Indent: First line: 3" 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 & ElectricGeneral Manager of Public Utilities 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 Public Utilities Dispatchers, Electric Operators, Control Room Operators and Field 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 Public Utilities 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: 36 IBEW Formatted: Indent: First line: 3" 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: Standby Policy Stand-by time is that period of time other than the employee's regularly scheduled working hours when an employee, at the direction of his/her Department Head, is on standby duty. All IBEW covered classifications shall receive four (4) hours of standby pay for each off day and City holiday they are assigned to standby duty. TheAn employee scheduled for standby may trade with or give their standby assignment withto another qualified employee, provided standby coverage is maintained without interruption. The practice of shift trading is voluntary on behalf of each employee involved in the trade and will not be monitored by the City. Employees scheduled for standby isare responsible for his/herensuring their standby coverage without operational disturbance or interruption. 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 Commented [ZM10]: Proposed edits for clarity. Commented [LG11R10]: Changes accepted 37 IBEW Formatted: Indent: First line: 3" 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 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 fourtwo (4 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 38 IBEW Formatted: Indent: First line: 3" 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. Section 6: Probation Probation is defined as a period of tentative appointment to a permanent-full-time position, during which competence and fitness for that position shall be judged from actual performance of the essential functions of the job. The probation period shall be considered a part of the selection process, affording the appointing authority an opportunity to evaluate those factors and qualities which may not have been determined by formal testing procedures. Before employees are appointed to their positions on a permanent, classified (i.e. non-at will) basis, such employees must satisfactorily complete a probation period. Failure to meet the performance standards for a position is not considered discipline. An employee serving a probationary period has no property interest in his or her position until the probationary period is successfully completed, and the employee is considered at-will during the probationary period. Probation required - Probationary periods shall be required for all appointments/promotions to regular full-time classified positions for: a. Initial hire into the City service b. Promotion in which an employee moves from a position in one class to a position in another class with a salary range having a higher maximum rate of pay c. External departmental transfer (except in case of transfer in lieu of layoff, or reorganization) d. Rehire, if more than 12 months have elapsed since voluntary separation Probation not required - Probationary periods shall not be required for: a. Appointments of a temporary, emergency, or of an "acting" nature b. Status change in which an employee has no change in duties and responsibilities as a result of changing the number of hours worked per week (e.g. moving between full-time and part-time) within the same classification and department (e.g. Administrative Assistant working 40 hours a week instead of 20 for the same department). In order for this section to apply, the employee must have worked in 39 IBEW Formatted: Indent: First line: 3" the classification 1040 hours to satisfy the 5-month probationary period or 2080 hours to satisfy the 12-month probationary period. c. Internal departmental transfer within the same classification d. Reclassification of position e. Internal or External department transfer in lieu of layoff or reorganization f. Voluntary demotion (non-performance related or in lieu of discipline) Length of Probationary Periods a. General rule: Probationary periods shall be for 6 months of continuous service in that classification for general employees and 12 months of continuous services in that classification for safety employees. b. Calculation of start of period: The actual date set for purpose of calculating the start of the probation period shall be the first date of hire (for a new employee), and for other employees, the first date of the pay period for which the new classification applies (typically the first day of the pay period that starts after the new classification is announced). Extension of Probationary Periods An employee's initial probation may be extended, at the Department Head's discretion, if necessary, for a period not to exceed 6 months. The Department Head is encouraged to confer with the Human Resources Department prior to taking action. If extended, such action must be taken during the initial probationary period. Any extended period of absence from duty for 20 working days or more for any reason except scheduled vacations, shall automatically cause a probation period to be extended for a period equal to the period of absence. Performance Reviews Department Heads shall initiate performance evaluations on all probationary employees. These records may be considered in decisions related to employee's eligibility to continue employment during the probationary period. Status Upon Completion of Probation A permanent appointment to a position in the City service shall be made upon satisfactory completion of the probationary period. The Department Head shall draft appropriate documents to retain or not to retain a probationary employee. Upon being appointed to a position that is both regular and permanent, an employee has a property interest in the employee's job, thus giving the employee certain rights required by law. 40 IBEW Formatted: Indent: First line: 3" Separation During Probationary Period If at any time during the probationary period, including any probationary extension period, the appointing authority determines that the employee does not meet standards for the position, the employee shall be separated from the position without right of hearing or appeal. Employees who are discharged from probationary positions have the right to return to their former regular position with the City, if any. To have this right, the discharged employee must have held a position with the City for which the employee had satisfactorily completed any probationary period. Except for safety personnel, the former position must be vacant with no incumbent occupying the position previously held by the employee. 41 IBEW Formatted: Indent: First line: 3" 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 42 IBEW Formatted: Indent: First line: 3" 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. 43 IBEW Formatted: Indent: First line: 3" 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. 44 IBEW Formatted: Indent: First line: 3" 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 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. 45 IBEW Formatted: Indent: First line: 3" 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 completion of 46 IBEW Formatted: Indent: First line: 3" 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. 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 47 IBEW Formatted: Indent: First line: 3" 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. 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 or designee. The employee’s request for appeal must be addressed to the City Administrator and received by 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. 48 IBEW Formatted: Indent: First line: 3" 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 Administrator's office, the Human Resources Department and the Gas and Electric Public Utilities 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. 49 IBEW Formatted: Indent: First line: 3" SIGNATURE PAGE CITY OF VERNON IBEW LOCAL 47 Brian T. Saeki Colin Lavin City Administrator/”MERR” Business Manager/Financial Secretary Lisette M. Grizzelle John Baca Human Resources Program Manager Assistant Business Manager Alice Hui Edwin Ochoa Director of Finance/City Treasurer Union Committee Member Joaquin Leon Jorrie V. Estrada Deputy City Treasurer Union Committee Member Angela Kimmey Keith Hupke Deputy City Administrator Union Committee Member ______________________________ Su Tan Robert Shelton Director of Human Resources Union Committee Member Tyler Cashman Human Resources Analyst APPROVED AS TO FORM: _____________________________________ Zaynah N. Moussa, City Attorney APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________ ATTEST: __________________________________ Dated: _____________________, Genoveva Rocha, City Clerk Formatted: Indent: Left: 0", Hanging: 2"