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HomeMy WebLinkAboutReso 2002-137 - IBEW Local 1245 RESOLUTION NO. 2002- /3- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING THE MEMORANDUM OF UNDERSTANDING ENTERED INTO BETWEEN THE CITY OF REDDING AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 1245, ELECTRIC DEPARTMENT, EFFECTIVE SEPTEMBER 1, 2002. WHEREAS, Local Union 1245, International Brotherhood of Electrical Workers, Electric Department, has been formally recognized as the majority representative of an appropriate unit of employees, as set forth in Section 2.1 of Article 2 of the attached memorandum of Understanding; and WHEREAS,the designated representatives of the City of Redding have conferred with and entered into a Memorandum of Understanding with the designated representatives of Local Union 1245, International Brotherhood of Electrical Workers, Electric Department, as required by the provisions of the Meyers-Milias-Brown Act of 1968; and WHEREAS, a true copy of the Memorandum of Understanding is attached hereto and incorporated herein by reference; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding that the aforesaid Memorandum of Understanding is hereby approved,and shall be deemed effective September 1, 2002. I HEREBY CERTIFY that the foregoing Resolution was introduced,read, and adopted at a regular meeting of the City Council of the City of Redding on the 17th day of September,2002,by the following vote: AYES: COUNCIL MEMBERS: Cibula, McGeorge, Pohlmeyer, Stegall and Kight NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None P-k. PAT KIGHT, yor ATTEST: FORM APPROVED: 4-ie-Au L__ CONNIE STROHMAY .f',t ity Clerk DAVID E.TRANBERG,Act' g Ci Attorney p ul D:\work\COUNC1L\9-17-02.reso.IBEW-EIec.wpd .J MEMORANDUM OF UNDERSTANDING Between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING and THE DESIGNATED REPRESENTATIVES OF LOCAL UNION 1245 of INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AFL-CIO ELECTRIC DEPARTMENT EFFECTIVE: October 4, 1987 Amended: July 18, 1989 Amended: May 27, 1990 Amended: August 4, 1991 Amended: February 13, 1994 Amended: December 29, 1996 Amended: April 30, 2000 Amended: September 17, 2002 TABLE OF CONTENTS ARTICLE 1: PREAMBLE 1 ARTICLE 2: RECOGNITION 2 ARTICLE 3: UNION SECURITY 3 ARTICLE 4: GRIEVANCE PROCEDURE 4 ARTICLE 5: SAFETY 7 ARTICLE 6: DISABILITY AND UNEMPLOYMENT 7 ARTICLE 7: EMPLOYEE STATUS 9 ARTICLE 8: WAGES AND CLASSIFICATIONS 9 ARTICLE 9: HOURS AND OVERTIME 11 ARTICLE 10: SENIORITY 15 ARTICLE 11: PROMOTION AND TRANSFER 15 ARTICLE 12: DEMOTION, DISPLACEMENT, AND LAYOFF 18 ARTICLE 13: LEAVE OF ABSENCE 19 ARTICLE 14: EXPENSES 20 ARTICLE 15: SICK LEAVE 22 ARTICLE 16: FUNERAL LEAVE 23 ARTICLE 17: HOLIDAYS 23 ARTICLE 18: VACATIONS 25 ARTICLE 19: INCLEMENT WEATHER PRACTICE 27 ARTICLE 20: MISCELLANEOUS 27 ARTICLE 21: EMPLOYEE BENEFIT PROGRAMS 29 ARTICLE 22: ENTIRE AGREEMENT 31 ARTICLE 23: TERM 32 EXHIBIT A: SCHEDULE OF WAGE RATES EXHIBIT B: JOB DEFINITIONS EXHIBIT C: LINES OF PROGRESSION EXHIBIT D: GRIEVANCE FORM NOTE: Amendments to this Memorandum of Understanding effective 00 September 1,2002, are shown by underlining the new language and striking out the deleted language. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING,made and entered into this 7th day of October, 1987, by and between the designated representatives of the CITY OF REDDING (a public agency as defined in Section 3501(c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California),hereinafter referred to as the City, and the designated representatives of LOCAL UNION 1245 of INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,affiliated with the American Federation of Labor - Congress of Industrial Organizations (a recognized employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as Union, WITNESSETH that: WHEREAS, the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City,Union and the general public may benefit therefrom, and to establish fair and equitable wages, hours and working conditions for certain hereinafter designated employees of the City, NOW, THEREFORE, the parties hereto do agree as follows: ARTICLE 1: PREAMBLE 1.1 The parties acknowledge the provisions of Chapter 10 (Section 3500, et seq.) of Division 4 of Title 1 of the Government Code of the State of California. 1.2 It is the policy of the City and Union not to,and neither party will interfere with, intimidate,restrain,coerce or discriminate against any employee because of race,creed,sex, color or national origin. 1.3 The City is engaged in rendering services to the public,and the City and Union recognize their mutual obligation for the continuous rendition and availability of such services. It is further recognized by both the City and the Union that City owned power generation facilities shall be kept in an operational ready condition at all times and to that end the City and the Union will actively strive to maintain the highest level of commitment for the continuous rendition of service to ensure such generation facilities are immediately ready and available for operation. 1.4 The duties performed by employees of City as part of their employment pertain to and are essential to the operation of a municipality and the welfare of the public dependent thereon. During the term of this Memorandum of Understanding employees shall not 1 partially or totally abstain from the performance of their duties for City during regular work hours or on an overtime basis. Union shall not call upon or authorize employees individually or collectively to engage in such activities and shall make a reasonable effort under the circumstances to dissuade employees from engaging in such activities and City shall not cause any lockout. Those employees who do individually or collectively partially or totally abstain from the performance of their duties for City during regular work hours or on an overtime basis shall be subject to disciplinary action up to and including discharge from employment. 1.5 City employees shall perform loyal and efficient work and service,and shall use their influence and best efforts to protect the properties of City and its service to the public, and shall cooperate in promoting and advancing the welfare of City and in preserving the continuity of its service to the public at all times. 1.6 City and Union shall cooperate in promoting harmony and efficiency among City employees. 1.7 The management of the City and its business and the direction of its working forces are vested exclusively in City, and this includes, but is not limited to, the following: to direct and supervise the work of its employees,to hire,promote,demote,transfer,suspend, and discipline or discharge employees for just cause; to plan,direct, and control operations; to lay off employees because of lack of work or for other legitimate reasons; to introduce new or improved methods or facilities,provided, however, that all of the foregoing shall be subject to the provisions of this Memorandum of Understanding. 1.8 If the City of Redding transfers legal ownership of the City's Electric Utility facilities to another entity during the term of this Memorandum of Understanding, all terms and conditions of employment shall remain in full force and effect upon any City of Redding employees employed at the time of the transfer. ARTICLE 2: RECOGNITION 2.1 The City recognizes the Union as the "Exclusive Representative" of all employees of the Electric Department of the City who hold a classification listed on Exhibit "A" of this Memorandum of Understanding. The provisions of this Memorandum of Understanding hereinafter set forth shall apply only to those employees of the City of Redding for whom Local Union 1245 is the established exclusive representative. 2.2 Official representatives of Union will be permitted access to City property to confer with City employees on matters of employer-employee relations but such representatives shall not interfere with work in progress without agreement of Management. 2 2.3 The City will provide the Union adequate bulletin board space for the purpose of posting thereon matters relating to official Union business. 2.4 The City will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of the employee's membership in Union or the employee's activity on behalf of Union. 2.5 Any employee, at the employee's request, shall be permitted representation by a Union representative. The foregoing shall apply to reprimands, disciplinary actions, investigations, interviews for promotion and hearings, providing there is no unreasonable delay in obtaining representation. 2.6 Joint Shop Steward-Management meetings shall be held at least two (2)times a year in February and August, or more often as agreed upon by Union and Management. The purpose of these meetings shall be to promote harmony and efficiency and to improve communications between employees and all levels of management. The meeting agenda shall be determined by those in attendance and there shall be no restrictions on the subject matter; provided, the meetings shall not substitute for normal grievance procedures or for formal negotiations between the parties. Those in attendance shall consist of Union's Business Representative and Shop Stewards and the City's Labor Relations Representative and such other management personnel as determined by the City's Labor Relations Representative. The meetings shall be summarized in written minutes. Except that the provisions of this Section shall be observed, the meetings shall be self-organizing. 2.7 Whenever any employee is absent from work as a result of a formal request by the Union's Business Manager and is engaged in official Union business,the City shall pay for all regular time lost and shall be reimbursed therefor by the Union at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate. ARTICLE 3: UNION SECURITY 3.1(a) Every employee covered by this Memorandum of Understanding shall, as a condition of employment: (1)become a member of the Union and maintain the employee's membership in the Union in good standing in accordance with its Constitution and Bylaws; or(2) in the alternative,an employee must tender a registration fee to the Union equal to the initiation fee required of Union members, and shall tender, monthly, an agency fee in an amount equal to the amount of the monthly dues and per capita fees required of BA members in the employee's base wage rate; except that: 3.1(b) Any employee appointed to any classification out of the bargaining unit covered by this Memorandum of Understanding may withdraw from membership in Union and the employee's obligation to pay an agency fee shall be suspended for the duration of such period 3 as the individual is working for City in a job classification not covered by this Memorandum of Understanding. 3.2 Any employee who is or who becomes a member of Union shall,as a condition of employment, maintain the employee's membership in Union in good standing in accordance with its Constitution and Bylaws. 3.3 The City shall deduct from their wages the regular membership dues of employees who are members of the Union or agency fees of other employees provided for in 3.1(a) not exempted by the provisions of 3.1(b), and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157.3 of the Government Code of the State of California. 3.4 Deductions shall be made from the second payroll period of each month and a check for the total deductions shall be submitted to the Financial Secretary of Local Union 1245,IBEW,P. O.Box 4790,Walnut Creek,California 94596,within five(5)working days of the date the dues or agency fees are withheld from the employee's check or by Electronic Fund Transfer to a bank designated by IBEW Union Business Representative. The City shall notify Union each month at the time of the dues or agency fees transmittal to Union of any changes since the previous dues or agency fees transmittal and the reasons therefor. 3.5 The form of check-off authorization shall be approved by both the City and the Union. 3.6 Upon written request from the Union, the City shall, within twenty-one (21) calendar days, terminate the employment of any employee who fails to comply with the requirements of this Article. 3.7 The City shall provide all new employees with Union membership application forms, payroll deduction authorization forms, and a copy of this Memorandum of Understanding before the end of the first pay period. Such materials will be furnished to the City by the Union. ARTICLE 4: GRIEVANCE PROCEDURE 4.1 Any grievance,which may arise between Union,or any of its members,and the City,with respect to the interpretation or application of any of the terms of this Memorandum of Understanding,and with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion or discipline of an individual employee, shall be determined by the provisions of this Article, except that such matters as are included in the definition of impasse as set forth in Resolution No. 4217 are not a grievance. Probationary employees shall not be entitled to invoke Article 4, Grievance Procedure, with regard to matters of 4 discharge or demotion. This shall not, however, prevent a probationary employee from exercising any other rights under this Memorandum of Understanding. Work day as used in this Article shall mean any day when City Hall is open to serve the public. 4.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between the Shop Steward and the immediate supervisor directly involved who will answer within ten(10)work days. This step shall be started within thirty(30)work days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the Shop Steward. 4.3 Step Two: If a grievance is not resolved in the initial step,the second step shall be a written presentation of the grievance to the Power Plant Manager or Electric Program Supervisor and a discussion between the Shop Steward and the Power Plant Manager or Electric Program Supervisor,as applicable who shall answer in writing within ten(10)work days. This step shall be taken within ten (10) work days of the date of the answer in Step One. 4.4 Step Three: If a grievance is not resolved in the second step,the third step shall be a written presentation of the grievance to the Division Head and a discussion between the Shop Steward and the Division Head,who shall answer in writing within ten(10)work days. This step shall be taken within ten (10) work days of the date of the Power Plant Manager or Electric Program Supervisor's answer as applicable in Step Two. 4.5 Step Four: If a grievance is not resolved in the third step,the fourth step shall be a written presentation of the grievance to the Department Director and a discussion between the Shop Steward and the Department Director,who shall answer in writing within ten (10) work days. This step shall be taken within ten (10) work days of the date of the Division Head's answer in Step Three. 4.6 Step Five: If a grievance is not resolved in the in fourth step,the fifth step shall be a written presentation of the grievance to the City's Labor Relations Representative and a discussion between the Union's Business Representative, and the City's Labor Relations Representative who shall conduct an investigation and attempt to resolve the grievance. If no resolution of the grievance is achieved, the City's Labor Relations Representative shall provide the Union's Business Representative with the City's answer, in writing, to the grievance. This step shall be taken within ten(10)work days of the date of the Department Director's answer in Step Four. 4.7 Step Six: If a grievance is not resolved in the fifth step, the sixth step shall be the presentation of the grievance, in writing,by the Union's Business Representative to the 5 City Manager, or designee, who shall answer, in writing, within ten (10) work days. The sixth step shall be taken within ten (10) work days of the date of the answer in Step Five. 4.8(a) Step Seven: If a grievance is not resolved in the sixth step, the seventh step shall be referral by either the City, or the Union, to arbitration. The seventh step shall be taken within twenty(20) work days of the date of the answer in Step Six. 4.8(b) An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. The arbitrator shall be chosen by mutual agreement of the City and Union. In the event that the City and Union are unable to agree on the selection of an arbitrator,they shall request the State of California Mediation and Conciliation Service to nominate five(5) persons for arbitrator. The City and the Union each will alternately challenge two(2)of such nominees, the party having the first challenge to be determined by lot. The remaining nominee shall be accepted as the arbitrator and the arbitrator's compensation and expenses shall be borne equally by the City and Union. The City and Union shall pay the compensation and expenses of their respective appointees and witnesses. At Union's request the City shall release employees from duty to participate in arbitration proceedings. 4.8(c) The arbitrator shall hold such hearings and shall consider such evidence as appears necessary and proper. The first hearing should be held within ninety(90)days of the date of referral to arbitration. Following the hearings and prior to the arbitrator's final decision, the arbitrator shall submit a proposed decision to the parties for their review and the opportunity to submit additional information prior to the arbitrator's decision becoming final and binding on the parties. Any additional information submitted by either party shall be submitted to the arbitrator and the other party. Thereafter, the decision of the arbitrator shall be final and binding on City and Union and the aggrieved employee, if any, provided that such decision does not in any way add to, disregard or modify any of the provisions of this Memorandum of Understanding. 4.9 Failure by the Union to meet any of the aforementioned time limits as set forth in Section 4.2,4.3,4.4, 4.5, 4.6, 4.7 or 4.8(a)will result in forfeiture. Failure by the City to meet any of the aforementioned time limits as set forth in Sections 4.2, 4.3, 4.4,4.5, or 4.7, will allow the Union to go forward with the grievance to the next step of the established procedures. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this Memorandum of Understanding,nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 4.10 Notwithstanding the aforementioned procedure,any individual employee shall have the right to present grievances to the City and to have such grievance adjusted without the intervention of Union, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding and provided,further,that Union's Business Representative 6 shall be given an opportunity to be present at such adjustment. Grievances settled by individual employees without representation by Union officials shall not bind either party to an interpretation of this Memorandum of Understanding,nor shall such settlements be cited by either party as evidence in the proposed settlement of subsequent grievances. ARTICLE 5: SAFETY 5.1 The City Council desires to maintain a safe place of employment for City employees and to that end City Management shall make all reasonable provisions necessary for the safety of employees in the performance of their work. 5.2 Regular "tailgate" meetings will be held on all jobs to plan the job and emphasize safety in their performance. 5.3 Regular safety meetings will be held at least every other month for the purpose of reviewing accidents and preventing their recurrence,eliminating hazardous conditions and familiarizing employees with safe work procedures and applicable State Safety Orders and for training in first aid. The City will notify the Union of the date, time and place of such meetings, in order that the Union's Business Representatives may attend and participate. 5.4 In the event of an accident,resulting in serious injury or death of an employee of the City, the City will notify the Union immediately in order that the Union's Business Representative may conduct an investigation of the accident. ARTICLE 6: DISABILITY AND UNEMPLOYMENT 6.1(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the Public Employees' Retirement System is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee's duties, which comes within the application of the Workers' Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent(85%) of the employee's regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six(6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent(85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent(70%) of the employee's regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the Public Employees' Retirement System. In consideration of this benefit, the Regular 7 employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers' Compensation, employee group insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light duty work and such employee declines such light duty employment,the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee's rights to workers' compensation benefits,the parties shall cooperate in controlling such employee abuse. 6.1(b) An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee's ability to perform, with the consent of the employee's physician. The duration of any such period of temporary work shall be determined by City. Such employee shall be compensated at the then current rate of pay of the employee's regular classification while engaged in such temporary duties. The City may require an employee being considered for return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee's position without hazard to the employee,or to the employee's fellow employees,or to the employee's own permanent health. 6.1(c) If a third party is found to be responsible for the employee's industrial injury and the employee recovers a judgment in damages from said third party, then all supplemental benefits received as provided for in Section 6.1(a)not already repaid from the other sources mentioned in Section 6.1(a) shall be repaid to the City by the employee. 6.1(d) Vacation and sick leave shall be accrued while a Regular employee is absent from work as a result of a job related disability and receiving the supplemental benefits to Workers' Compensation temporary disability compensation as set forth in 6.1(a) for the period of such disability, but not exceeding one (1) year. All Regular employees who are receiving Workers'Compensation temporary disability benefits shall receive group insurance coverage during the period in which they are receiving temporary disability compensation for up to a maximum of a cumulative total of five (5) years, rovided the employee pays his or her normal share of the group medical insurance program premium, if any. Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes. 8 ARTICLE 7: EMPLOYEE STATUS 7.1 Employees will be designated as Regular, or Full-Time Temporary depending upon the purpose for which they are hired and their length of continuous service with the City. 7.2 A Regular employee is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of indeterminate duration. A Regular employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of similar nature, as the employee becomes eligible. Regular employees shall serve a probationary period of one(1) year upon initial appointment to Regular status.Notwithstanding any other provision of this Article, an employee's probationary period shall be extended by the duration of any unpaid absence of ten (10) or more consecutive work days. Employees serving their initial probationary period shall not be eligible for leave of absence, supplemental benefits for industrial injury, nor be given preferential consideration for promotion or transfer. 7. 3 A Full-Time Temporary employee is defined as an employee hired for occasional or seasonal work for a period not to exceed one thousand(1,000)hours in a fiscal year. A Full-Time Temporary employee shall receive not less than the minimum rate for the job but shall not be eligible for sick leave pay,holiday pay,vacation pay,insurance coverage, retirement plan participation or items of a similar nature, nor shall the employee accrue seniority, or promotion and transfer rights, or leave of absence rights. If a Full-Time Temporary employee is reclassified to Regular status without a break in service, the employee shall maintain continuous service from the employee's date of hire as a Full-Time Temporary for seniority, vacation and sick leave accrual purposes only. If a Full-Time - - - • . . . . - - • . ' - :.p • . . . - . . • . . . . ARTICLE 8: WAGES AND CLASSIFICATIONS 8.1 Employees shall be paid the wage established for their classification. Employees shall be paid a wage rate based upon their work performance. Upon initial appointment to a classification an employee shall normally be paid the lowest wage rate for that classification. An employee may,however, be paid a wage rate above the lowest wage rate if circumstances justify it. When an employee is appointed to a classification which has a wage range overlapping the wage range of the employee's previous classification, the employee shall be paid at the wage rate of the classification to which the employee is being appointed,which is the next higher to his present wage rate,but not more than the top wage 9 rate of the classification to which the employee is appointed.Notwithstanding the following requirements relative to a period of employment at a salary step, the Department Director may recommend a salary step increase at an earlier or later time. Step increases require City Manager approval and may be granted as follows. After twenty-six (26) full pay periods of employment at salary step 4,and with satisfactory or above work performance during the full time period, an employee shall be advanced to salary step 5. A full pay period as used in 8.1 is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours. 8.2 Wages shall be paid at bi-weekly intervals on Thursdays after 12:00 noon for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a holiday, payments shall be made on the preceding workday. 8.3 When an employee is temporarily assigned for a minimum of one-half(1/2)hour accumulated during any workday to work in a classification higher than the employee's regular classification, the employee shall be paid at the rate established for the higher classification, with a minimum of two (2) hours and time computed to the nearest quarter hour,except when the work is performed outside of the regular work hours and the duration is less than two (2) hours. When an employee is temporarily assigned to work in a higher classification which has a wage range overlapping the wage range of the employee's regular classification, the employee shall be paid at the wage rate of the classification to which he is temporarily assigned, which is next higher to the employee's present wage rate, but not more than the top wage rate of the temporary classification. 8.4 When an employee is temporarily assigned to work in a classification lower than the employee's regular classification, the employee's rate of pay will not be reduced. Notwithstanding the foregoing,however,whenever any employee requests to be temporarily assigned to perform the duties of a lower paying classification pursuant to Section 11.5 of Article 11,Promotion and Transfer,such employee's wage rate shall be reduced to the wage rate of the lower paying classification. 8.5 For purposes of wage rate progression in a temporary classification, the time worked by an employee in other than the employee's regular classification shall also be accrued in such temporary classification. 8.6 Effective September 1,2002,shift differential shall be paid to those employees performing Power Plant Operations work and whose regularly scheduled work shift represents one-half(1/2) or more of the following time periods and at the rate specified as follows: 10 TIME PERIOD SHIFT DIFFERENTIAL 4:00 P.M. TO 12:00 midnight 3.5% 12:00 midnight to 8:00 a.m. 5% 8.67 Attached hereto and made a part hereof are:Exhibit"A-1",effective September 1, 2002, April 30, 2000 and Exhibit "A-2", effective January 5, 2003, Exhibit "A-3", effective August 31, 2003,April 29, 2001 Exhibit"A-4", effective January 4, 2004,Exhibit "A-5" effective August 29, 2004, and Exhibit "A-6, effective August 28, 2005, all both of which are titled "Schedule of Wage Rates." 8.78 Attached hereto and made a part hereof is Exhibit"B",titled"Job Definitions". ARTICLE 9: HOURS AND OVERTIME 9.1 All Regular employees will receive full-time employment for each workweek employed, provided they report for duty and are capable of performing their work. This is not to be interpreted that the City does not retain the right to lay off or release employees on account of lack of work or other valid reason at the end of the workweek. 9.2 Each employee shall report for work at the employee's regularly established headquarters and shall return thereto at the conclusion of the day's work and the time spent in traveling between such headquarters and the job site shall be considered as time worked. 9.3 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through Saturday, and, except as otherwise provided herein, a basic workweek is defined to consist of five(5)consecutive workdays of eight(8)hours each,Monday through Friday. The regular work hours shall be 7:00 a.m.to 11:00 a.m. and 11:30 a.m. to 3:30 p.m. , provided however that those employees who are required to consume their lunch at a location other than the City's Corporation Yard, shall not be required to take a lunch period in excess of one-half(1/2)hour's duration. Notwithstanding the foregoing,the regular lunch period may be advanced or delayed up to one (1) hour without the payment of overtime compensation. The City shall provide the means of transportation and pay for time required to transport employees for the purpose of consuming their lunch only when adverse weather conditions exist at the job site. Whenever it becomes necessary for any employee to attend first-aid meetings,safety meetings,or formal training sessions,such employee's work hours and/or work days may be changed only for the duration of such requirements in order to allow the employee to attend. Any such work schedule change shall not be construed as meeting any of the definitions of Section 9.6, nor require payment pursuant to Section 9.7. 9.4(a) Notwithstanding the provisions of 9.1 and 9.3, employees engaged in service work and Redding Power Plant Maintenance Mechanics and Instrument and Electrical 11 Technicians may be assigned to any hours and/or days of work, providing the schedule is regularly established to be of not less than four (4) weeks duration. 9.4(b) Notwithstanding the provisions of 9.1 and 9.3, Power Plant Operators, Power Plant Equipment Operators, Power Plant Utility Workers, and Power Plant Warehouse Workers' work may be assigned to any hours and/or days of work, providing the schedule is regularly established to be of not less than one (1) two (2) weeks duration. Power Plant Relief Operators' work may be assigned to any hours and/or days of work. 9.4(c)Notwithstanding the provisions of 9.3,employees classified as Utility Worker or engaged in equipment maintenance or warehouse duties may be assigned to work a shift which begins as early as 5:00 a.m. or ends as late as 12:00 midnight. 9.4(d)Pursuant to letter dated June 13, 1995, notwithstanding the provisions of 9.1 and 9.3,employees classified as Power Plant Operator and Power Plant Equipment Operator may be assigned to work a schedule commonly known as a "seventy-six and eight." Such schedule may from time to time be modified in accordance with the provisions of this Memorandum of Understanding. Notwithstanding 9.4(b),the Power Plant Relief Operator may be assigned to different work days upon seventy-two (72) hours notice and may be assigned to different shift start and stop times upon twenty-four (24) hours notice. 9.4 (e) Any work shift other than as in 9.3 established as provided in 9.4(a), 9.4(b), or 9.4(c)shall consist of eight(8),ten(10),or twelve(12)consecutive hours as applicable,with a meal taken near the middle of the shift, providing the work shift begins prior to 6:00 a.m. or later than 12:00 noon. The work shift starting time shall not vary by more than two (2) hours throughout the basic workweek. Establishment of hours and days of work other than as in 9.3 shall be limited to the needs of the service. 9.5 Notwithstanding anything contained herein,any schedule of days and/or hours of work may be established by mutual agreement between the employee,the Union, and the City's Labor Relations Representative. 9.6 Overtime is defined as (a) time worked in excess of forty (40) hours in a workweek,(b)time worked in excess of eight(8),ten(10),or twelve(12)hours as applicable on a scheduled workday, (c) time worked on a non-workday, (d) time worked outside of regular hours on a workday,and(e)time worked on a holiday. Overtime shall be computed to the nearest one-quarter (1/4) hour. For those employees who work a "seventy-six and eight" schedule,paid time off will count toward the calculation of overtime,but only during the week which includes forty-eight (48) regularly scheduled hours, and only when the employee works the hours paid as overtime. 9.7 Except as otherwise provided in this section, overtime compensation shall be paid at a rate equivalent to one and one-half(1-1/2)times the regular rate of pay. Whenever 12 any employee performs overtime work beginning on a regularly scheduled workday, the overtime compensation rate shall be double the employee's regular hourly payrate after the employee has worked four (4) consecutive overtime work hours at the time-and-one-half payrate. Whenever such employee performs overtime work beginning on a non-workday, the overtime payrate shall be increased to double the employee's hourly payrate after the employee has worked twelve (12) overtime work hours at the time-and-one-half payrate during that work period. Overtime pay at double the employee's regular payrate shall continue until the employee is released from duty or the beginning of the employee's regular work hours, whichever occurs first. Whenever any employee is called back to perform overtime work outside of the employee's regularly scheduled work hours,the employee shall be paid at a rate equivalent to two (2) times the employee's regular rate of pay. Whenever any employee performs overtime work in conjunction with providing reimbursable mutual aid to another agency, the employee shall be compensated at a rate equivalent to two (2) times the employee's regular rate of pay. Notwithstanding the foregoing provisions on compensation for overtime work, an employee may at the employee's option,providing it is legally permissible and has City approval, elect to receive time off with pay at the same rate of time off for each overtime hour worked as the employee's compensation rate would have been. Effective July 1, 2000, compensatory time off accrual shall be limited to eighty(80) hours per fiscal year and subject to a maximum accumulation of one hundred sixty (160) hours. Effective July 1, 2000, for one time only, the employee shall have the option of having all accrued compensatory time off exceeding one hundred sixty(160)hours paid off on their next regular paycheck. Compensatory time off with pay shall be scheduled in the same manner as vacations are normally scheduled. 9.8 Pursuant to letter dated June 13, 1995,notwithstanding the provisions of 9.6 and 9.7, for those employees who work a "seventy-six and eight" schedule, overtime compensation during regularly scheduled hours, including briefing time up to one-quarter (1/4) hour, shall be compensated at one and one-half(1-1/2) times the employee's regular rate of pay. 9.9 Employees who are required to report for work on their non-workdays, or on holidays they are entitled to have off,or outside of their regular hours on workdays, shall be paid overtime compensation for the actual time worked, including one-half(1/2) hour travel time each way,but in no event for less than two(2)hours compensation. If an employee who is called out for such work outside of the employee's regular hours on a workday continues to work into the employee's regular hours,the employee shall be paid overtime compensation only for the actual time worked and travel time one way. If an employee performs overtime work immediately following the end of the employee's regular shift no travel time shall be paid. Notwithstanding the above, the Power Plant Relief Operator is not subject to this language when appropriate notice as defined in 9.4(d) is provided. 13 9.10 Overtime shall be distributed as equally as is practicable among those employees who are qualified and available, and the City shall not require employees who have worked overtime to take equivalent time off during a workday without pay. 9.11 Notwithstanding the provisions of 9.3, the City's Labor Relations Representative and the Union's Business Representative may agree to a workweek or work hours other than as defined in 9.3 during the term of this Memorandum of Understanding. 9.12(a)If an employee has worked for eight(8)hours or more at the overtime rate during the sixteen(16)hour period immediately preceding the beginning of the employee's regular work hours on a workday the employee shall be entitled to a rest period of eight (8) consecutive hours on the completion of such overtime work. 9.12(b)There shall be included as part of the eight(8)hours worked at the overtime rate in such sixteen (16) hour period any travel time and meal time to which the employee is entitled when overtime work is performed except that any travel time and meal time to which the employee is entitled after being dismissed from work shall not be included as hours worked in such period, but it shall be included in the computation of the eight (8) hour rest period. 9.12(c)Hours worked prior to any eight(8)hour rest period in which the employee does not work shall not be included in computing another period of overtime work. 9.12(d) If the eight (8) hour rest period in whole or in part overlaps the employee's regular work hours the employee will receive pay at the straight rate for the extent of the overlap, except that the time taken during such overlap for any meal to which the employee is entitled on dismissal shall be paid for at the overtime rate. 9.12(e) If the employee is called back to work during the employee's eight(8)hour rest period a new rest period will commence at the conclusion of such work. 9.12(1) (1) If the rest period overlaps the employee's regular work hours but does not extend into the second half of the employee's workday, the employee may be excused from reporting for work until the beginning of the second half of the employee's workday, and in such event the employee will be paid for the time between the expiration of the rest period and the end of the first half of the employee's workday. (2) If the rest period extends into the second half of the employee's workday, the employee may be excused from reporting for work until the following workday, and in such event the employee will be paid for the time between the expiration of the rest period and the employee's regular quitting time on such day. 14 (3) In the application of the foregoing, an employee, except for employees assigned to the Redding Power Plant,unless otherwise instructed, shall be deemed to be excused from reporting to work for the period between the end of the employee's rest period and the reporting time as designated by the applicable subdivision. 9.12(g)An employee entitled to a rest period hereunder may nevertheless be required to work during regular work hours on a workday without having had a rest period of eight (8) consecutive hours,in which event the employee shall be paid at the overtime rate for all work performed until the employee has been relieved from duty for at least eight(8) consecutive hours. Whenever an employee is required to work during regular work hours and through an earned paid rest period, the employee shall be entitled to pay at two and one-half(2-1/2) times the employee's regular rate of pay. ARTICLE 10: SENIORITY 10.1 Seniority is defined as total length of continuous service with the City. In determining an employee's seniority the continuity of the employee's service will be deemed to be broken by termination of employment by reason of(1) resignation, (2) discharge for cause, (3) layoff for more than six(6) consecutive months, (4) failure to return immediately on the expiration of a leave of absence or acceptance of other full-time employment while on leave, or (5) absence without pay, without a leave of absence, in excess of three (3) consecutive workdays. Continuity of service will not be broken and seniority will accrue when an employee is: (a) inducted, enlists or is called to active duty in the Armed Forces of the United States,or service in the Merchant Marine,under any Act of Congress which pro- vides that the employee is entitled to re-employment rights, (b) on duty with the National Guard, (c) absent due to industrial injury(d) on leave of absence or(e) absent due to layoff for a period of less than six (6) consecutive months. ARTICLE 11: PROMOTION AND TRANSFER 11.1 Except as otherwise provided in this section for the entry-level positions of Equipment Service Worker,Power Plant Utility Worker,Utility Worker,Groundman,Power Plant Warehouse Worker,Warehouse Worker and Line Tree Trimmer,when new positions or additional positions are created, or vacancies other than temporary vacancies occur, in positions within the bargaining unit for whom Local Union 1245 is the exclusive representative,the City shall fill such positions from qualified pre-bid employee applications, if any. In filling such positions, the City shall give preferential consideration to Regular employees as defined in 7.2, who are within the bargaining unit covered by this Memorandum of Understanding, in the sequence set forth below. When employees in the same preferential sequence as provided in(a) through(c) are each qualified by knowledge, skill,efficiency,adaptability and physical ability for appointment to the position vacancy,the pre-bid of the employee with the most City seniority shall be given preferential consideration 15 for appointment. For each entry-level position vacancy which occurs, the City may refrain from following the procedures set forth herein and may select any applicant for an entry-level position vacancy which in the judgment of the City is best-qualified for said position vacancy. (a) Pre-bids made by Regular employees who are in the Department in which the vacancy exists who hold a classification equal to or higher than that in which the job vacancy exists. (b) Pre-bids made by Regular employees who are in the Department in which the vacancy exists who are at the top rate of pay of the next lower classification in the normal line of progression. (c) Pre-bids made by Regular employees who are in the Department as applicable in which the vacancy exists who hold classifications other than those listed above. Whenever the City is unable to fill any position vacancy covered by this Memorandum of Understanding as set forth above, the City shall give consideration to those employees who are qualified and covered by any other Memorandum of Understanding between the City and the Union, prior to the City employing any other person for a position covered by this Memorandum of Understanding. 11.2 The City shall in not more than twenty-one (21) working days from the date the position vacancy is filled, post on the designated bulletin boards a notice regarding the disposition of the position with the name of the applicant selected, and mail a copy of such notice to the Union's Business Representative together with a list of all applicants for the position. 11.3 Any Regular employee of the City as defined in 7.2 may submit a pre-bid on any existing job classification and location for which the employee desires consideration. The pre-bid must be submitted on a form provided by the City's Personnel Office. At the time the form is delivered to the Personnel Office, it will be dated and receipted and a copy provided to the employee. The City shall not consider original pre-bids for any position vacancies which are submitted less than eight (8) calendar days prior to the filling of a job vacancy. Pre-bids will be valid until such time as the employee changes classifications, or until fifteen (15) calendar days have elapsed from such time as the employee rejects a permanent appointment to the classification and location on which the pre-bid is made. 11.4 Notwithstanding anything contained herein,the City need not consider the pre-bid application of any employee who does not possess the knowledge, skill, efficiency, adaptability, and physical ability required for the position for which the application is sub- mitted. For purposes of determining employee qualifications, the City may utilize 16 examinations. The City shall not consider the application of any employee for a Working Foreman-Line position if the employee has been classified as Lineman less than the equivalent of one(1)full year unless there is no otherwise eligible applicant for the position. When the City intends to appoint an employee to a vacancy in preference to an employee with greater seniority, as specified in 11.1, the City shall notify Union's Business Representative of its intent prior to such appointment. 11.5 Whenever a vacancy occurs in any job classification, the City may, at its discretion, temporarily fill such vacancy. If practicable, the City shall fill such temporary vacancy with the employee who would be most eligible therefor under the provisions of this Article. If the temporary vacancy lasts for forty-five (45) days or more, and the City elects to temporarily fill such temporary vacancy,the City shall select the employee who would be most eligible therefor under the provisions of this Article and shall fill such temporary vacancy by temporary reclassification of the selected employee. 11.6 A temporary vacancy is one created by additional workload, or an employee's absence from work due to illness,disability,vacation,leave of absence, or a vacancy of less than six (6) months duration. 11.7 All appointments filled by promotion or transfer of a City employee shall be on a probationary basis for three (3) calendar months for the purpose of determining qualifications. At any time during the probationary period, either the employee or the City may terminate the appointment. If an appointment is terminated, the employee shall be returned to either the employee's previous classification and wage rate, or some other classification that is mutually satisfactory to both the employee and the City. If an appointment is terminated,the City need not give further consideration on that classification and location for a period of one(1)year to the employee who did not successfully complete the probationary period. 11.8 Notwithstanding anything contained in this Article, the City's Labor Relations Representative and the Union's Business Representative may agree to other provisions during the term of this Memorandum of Understanding. 11.9 At the discretion of the City,non-unit employees may be placed into the bargaining unit under the following conditions: (1) The non-unit employee must have previously been employed by the City in a classification in the bargaining unit. (2) The non-unit employee must be placed in a classification in the unit which is no higher than the previous classification held. 17 (3) With the exception of the initial three (3) calendar months out of the bargaining unit, seniority accrued by the non-unit employee shall not be recognized for the purposes of this Article only. (4) The non-unit employee must be placed in a vacant position and may not displace, demote, or cause the layoff of another unit member. (5) After placement in the unit,the employee may not be promoted to a higher classification within the unit until the employee has served at least one(1)year in the bargaining unit. After completion of one (1) year of service back in the bargaining unit, the employee's previous seniority accrued while in the unit and the initial three (3) calendar months while out of the bargaining unit, shall be combined with the new year of seniority for purposes of the provisions of this Article. 11.10 Attached hereto and made a part hereof is Exhibit "C" titled "Lines of Progression." ARTICLE 12: DEMOTION, DISPLACEMENT, AND LAYOFF 12.1 When it becomes necessary for the City to lay off Regular employees,the City will give employees involved as much notice as possible; but in no event will such employees receive less than two (2) weeks notice of layoff. Where probationary or temporary employees are to be laid off, no notice of layoff need be given. 12.2 Layoff in all cases due to lack of work will be determined by an employee's seniority. An employee whose job is being eliminated may elect to displace an employee in a lower paid classification if qualified to perform the duties of the lower paid classification and if the employee's seniority is greater than that of the employee in the lower paid classification. 12.3 Regular employees who are laid off will be given preference in filling future vacancies for a period up to six (6) months, providing they keep the City advised of their current address. 12.4 Notwithstanding the provisions of this Article, the City's Labor Relations Representative and the Union's Business Representative may agree to other procedures during the term of this Memorandum of Understanding. 12.5 Non-unit employees may be placed in the bargaining unit at management's discretion pursuant to the provisions of Section 11.9. 18 ARTICLE 13: LEAVE OF ABSENCE 13.1 Leave of absence may be granted to Regular employees by the City Manager for urgent and substantial reasons,up to a maximum of one year(except when the employee is receiving long term disability benefits in which case a time limit of five(5)continuous years shall apply), providing satisfactory arrangements can be made to perform the employee's duties without undue interference with the normal routine of work. Inability to return to work after an employee's sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted. 13.2 A leave of absence will commence on and include the first workday on which the employee is absent and terminates with and includes the workday preceding the day the employee returns to work. 13.3 All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. Upon an employee's return to work after a leave of absence, the employee will be reinstated to the employee's former position and working conditions, providing that the employee is capable of performing the duties of the employee's former position, except that if there has been a reduction of forces or the employee's position has been eliminated during said leave,the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence. 13.4 An employee's status as a Regular employee will not be impaired by such leave of absence and the employee's seniority will accrue. 13.5 If an employee fails to return immediately on the expiration of the employee's leave of absence or if the employee accepts other full-time employment while on leave, the employee will thereby forfeit the leave of absence and terminate the employee's employment with the City. 13.6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insurance coverage. An employee may, however, at the employee's option and expense, maintain the employee's group insurance coverage providing the full monthly premium is received in the Finance Department of the City on or before the first day of the month for which the premium is intended. Notwithstanding the above,however, if the leave of absence is as a result of exhaustion of sick leave benefits an employee's group insurance may be maintained for up to six (6) calendar months on the normal premium-sharing formula pursuant to Article 21.2(a),providing the employee pays the employee's share of the premium on a timely basis. If the leave of absence is as a result of a work-related disability,the employee may elect retiree health benefits pursuant to Article 21.2(b) until such time as the employee is eligible for retirement. 19 13.7 Except for the one (1) year limitation of 13.1 and the prohibition on other employment of 13.5, a leave of absence for Union Business may be granted by the City Manager for up to a maximum of three (3) years pursuant to the provisions of this Article. ARTICLE 14: EXPENSES 14.1 Whenever an employee uses the employee's personal automobile for the City's convenience, the employee will be reimbursed therefor at the same rate per mile as established for non-represented City employees. 14.2 Whenever an employee is required to change the employee's residence from one locality to another for City's convenience, the City will provide means of moving the employee's household goods. 14.3 Employees who are assigned to temporary work at such distance from their regular headquarters that it is impractical for them to return thereto each day,or to their regular place of abode,will be allowed actual personal expenses for board and lodging for the duration of such assignment,provided they board and lodge at places to be designated by the City. The time spent by such employees in traveling to such temporary job at its beginning,to and from home on holidays and weekends, and from such temporary job at its conclusion and any reasonable expense incurred thereby will be paid by the City. 14.4 If the City requires an employee to perform work for one and one-half(1-1/2) hours or more beyond regular work hours,it will provide the employee with a meal and with meals at intervals of approximately four(4) hours, but not more than five (5) hours insofar as it is possible for the City to do so. The cost of any meal and the time necessarily taken to consume same will be at City's expense. 14.5(a) If City requires an employee to perform work outside of regular hours on either workdays or on non-workdays,the City will provide meals at intervals of approximately four (4) hours, but not more than five (5) hours insofar as it is possible for the City to do so and for as long as the work continues. The cost of any such meals and the time necessarily taken to consume same will be at the City's expense. Where any such work extends into regular work hours on workdays,the foregoing provisions shall be operative until such time as the employee is released from work for the day,providing,however,that such work period starts at least two (2) hours or more before the regular starting time, and provided further that the employees have not been given notification of the overtime work prior to the end of the preceding regular work shift. 14.5(b)When employees are given notice by the end of the preceding work period, and such work period starts at least two (2) hours but no more than four (4) hours before the regular starting time,the normal lunch practices of releasing the employee from duty without pay for one-half (1/2) hour to consume a meal at the employee's own expense will be 20 followed. Following consumption of the employee's first meal,the City will provide meals at intervals of approximately four(4)hours but not more than five(5)hours thereafter, as set forth above in Section 14.5(a) 14.5(c) When employees are given notice by the end of the preceding work period, and such work period starts less than two (2) hours before the regular starting time, the normal lunch practices of releasing the employee from duty without pay for one-half hour at approximately the usual meal time to consume a meal at the employee's expense will be followed. 14.6 When work is to be performed during regular work hours on non-workdays and the employee is given notice by the end of the preceding work period, the normal lunch practices will be followed on such days. 14.7 The City shall pay the cost of any meal which it is required to provide, in accordance with this Article, and shall consider as hours worked the time necessarily taken to consume such meal, except, however, that when a meal is taken at City's expense following dismissal from work the time allowance therefor shall be one (1) hour. If an employee who is entitled to a meal under the provisions of this Article upon dismissal from work does not accept such meal the employee shall nevertheless be entitled to such time allowance of one and one-half(11/2) hours. If an employee who is entitled to a meal under the provisions of this Article does not accept such meal,the employee shall nevertheless be entitled to such time allowance of one-half(1/2)hour for each meal missed except for a meal due at the end of the work period. The City's cost for any meal required by the provisions of this Article between the employee's regular shift normal ending time and five (5) hours later shall be limited to seventeen dollars and fifty cents ($17.50) fiftcen dollars ($ 15.00) plus tax and a fifteen percent(15%)tip. The City's cost for meals provided at all other times shall be limited to eight dollars and twenty-five cents ($8.25) sevcn dollars and fifty ccnts ($ 7.50) each, plus tax and a fifteen percent (15%) tip, except for out-of-town travel for meetings, conferences, or training which shall be paid at the same rate as for unrepresented employees (as set forth in the City of Redding Employee Benefit Policies for unrepresented employees—Expenses,paragraph 3(C)). Any cost incurred by an individual employee above those set forth above shall be at the employee's own expense by automatic payroll withholding. City shall conduct an audit of meal expenditures on a quarterly basis and make adjustments accordingly. 14.8 Notwithstanding the provisions of Sections 14.4, 14.5(b), 14.5(c) and 14.7, employees assigned to the Redding Power Plant will not be allowed to leave their work site to consume their meals without City approval. 14.9 Whenever any employee is entitled to payment for meals required under the provisions of this Article, such payment shall be made with the employee's regular salary check. 21 ARTICLE 15: SICK LEAVE 15.1 Sick leave with pay shall be accumulated for each Regular employee at the rate of four hundred sixty ten-thousandths (.0460) of an hour for each regular hour worked, or on paid leave. (Accrual rate approximately one (1) day per month.) Employees working a regular shift of 12 hours (seventy-six and eight schedule) shall accrue sick leave on a total of eighty(80) hours per pay period providing that the employee works or is on paid leave a minimum of eighty(80) hours during such pay period. 15.2 Sick leave shall be allowed for an absence due to: (a)the inability of an employee to be present or perform the employee's duties because of personal illness, off duty injury, or confinement for medical treatment; (b) personal medical or dental appointments, which are impracticable to schedule outside of regular working hours, (c) the need to be present during immediate family members' illness or disability for up to a maximum of forty-eight (48)hours per calendar year. "Immediate family"member means those listed in the Funeral Leave provisions of this Memorandum of Understanding. 15.3 Management may require satisfactory evidence of sickness or disability before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically fit and able to perform the duties of the employee's former position without hazard to the employee, or to the employee's fellow employees, or to the employee's own permanent health. Such examination or examinations shall be at the sole expense of the City. Whenever there is reason to suspect any employee of abusing the employee's rights to sick leave with pay, the parties shall cooperate in controlling such employee abuse. 15.4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave,the employee shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave. 15.5 Any employee who after ten(10)years of continuous service to the City terminates employment shall be paid at the employee's regular pay rate for thirty-three and one-third percent (33-1/3%) of the employee's accumulated sick leave hours. For employees with fifteen (15) years or more but less than twenty (20) years of continuous service, the percentage set forth above shall be increased to forty-five percent (45%). For employees with twenty(20) years or more continuous service, the percentage set forth above shall be increased to sixty percent (60%). An employee may, however, at the employee's option, elect to waive the foregoing benefit and in lieu thereof, receive credit for said unused sick leave toward the employee's retirement benefit through the Public Employees' Retirement System pursuant to the contract between the City of Redding and the Public Employees' Retirement System. 22 15.6 Whenever any employee exhausts all categories of paid time off as a result of a non-work related illness or injury,with approval of the employee's Department Director,the HutnarrResetareerPersonnel Manager and the City Manager, an employee may receive up to eighty (80) hours advanced sick leave with pay. If the employee returns to duty, such advanced sick leave shall be returned to the City from subsequent sick leave accruals. If the employee terminates City employment, such advanced sick leave shall be repaid to the City from any funds due the employee by the City. If insufficient funds are due the employee by the City,the employee shall directly reimburse the City for advanced sick leave in excess of the funds, if any, previously withheld. Such direct reimbursement will be waived for employees who are terminally ill or totally disabled (100 percent). ARTICLE 16: FUNERAL LEAVE 16.1 Regular and Full-Time Temporary employees who are absent from work due to the death of a member of the employee's"immediate family" shall receive compensation at the regular rate of pay for the time necessary to be absent from work,but not to exceed forty (40) working hours. "Immediate family" as used herein includes only employee's spouse; or children, grandchildren,brothers, sisters,parents or grandparents of employee or spouse; or other persons who are living in the employee's immediate household. The relationships included herein shall apply whether by blood or marriage. 16.2 Regular and Full-Time Temporary employees who are absent from work to attend the funeral of a person other than an immediate family member shall receive compensation at the regular rate of pay for the time necessary to be absent from work,but not to exceed one (1) regularly scheduled work day. A maximum of three (3) work days may be utilized in a calendar year. 16.3 An employee must be in a paid status on both workdays immediately adjacent to funeral leave in order to receive pay for such leave. ARTICLE 17: HOLIDAYS 17.1 Regular employees,except as otherwise provided herein, shall be entitled to have the following holidays off with pay: (a) January 1st (b) The third Monday in January,known as Martin Luther King, Jr. Day (17 c) "Lincoln Day" (e d) The third Monday in February 23 (d e) The last Monday in May (e f) July 4th (f g) First Monday in September (g h) Employee's birthday (It i) The second Monday in October, known as "Columbus Day" (U) November 11th, known as "Veterans' Day" (j k) Thanksgiving (k 1) Friday after Thanksgiving (1 rn) The last four (4) work hours before Christmas (m n) December 25th If any of the foregoing holidays falls on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday other than on an overtime basis. Employees who are regularly scheduled to work on Sundays shall observe such holidays on Sunday. If any of the foregoing holidays falls on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an overtime basis. Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays fall on any day from Monday through Friday, inclusive,and that day is a regularly scheduled non-workday for an employee,such employee shall be entitled to receive another workday off with pay,to be scheduled in the same manner as vacation days are normally scheduled. Notwithstanding the foregoing provisions on observing holidays, for those employees classified as Troubleman and assigned to a work schedule other than as set forth in 9.3, holidays falling on Sunday shall be observed on the last workday of the employee's work cycle, and holidays falling on Saturday shall be observed on the first work day of the employee's work cycle. Notwithstanding the foregoing an employee may observe the employee's birthday holiday on the employee's birthday or anytime during the pay period in which the birthday occurs provided the employee gives the supervisor at least ten (10) days advance notice, or the holiday may be deferred and scheduled as vacations are normally scheduled. The holidays known as Lincoln Day, Columbus Day, and Veterans Day shall be scheduled by employees and their supervisors in the same manner as vacations are normally scheduled. Notwithstanding the foregoing, employees regularly assigned to work twelve(12)hour shifts shall not be entitled to observe 24 the following holidays; Lincoln day, Columbus day, Veterans day nor the employee's birthday. 17.2 Notwithstanding the foregoing,employees maybe scheduled to work on holidays, in which event any such employee will, in addition to the employee's holiday pay, be compensated therefor at the overtime rate of pay for all time worked on such days. 17.3 An employee must be in a paid status on both workdays immediately adjacent to the holiday in order to receive pay for the holiday. ARTICLE 18: VACATIONS 18.1(a) Regular employees of the City shall accrue vacations with pay up to 500 hours. Effective January 1, 1998, Regular employees shall accrue vacations with pay up to 400 hours. Effective January 1, 1998, for one-time only, vacation hours in excess of 300 hours will be retained in a separate time bank which may be used by the employee in the same manner as regular vacation time. Vacation hours retained in the bank will not be lost as a result of the 400-hour maximum. After January 1, 1998, vacation earned in excess of the 400-hour maximum will not be accumulated. Employees working a regular shift of 12 hours (seventy-six and eight schedule) shall accrue vacation leave on a total of eighty(80) hours per pay period providing that the employee works or is on paid leave a minimum of eighty (80) hours during such pay period. The rate of vacation accrual will be as follows: 18.1(b) At the rate of thirty-nine thousandths (.039) of an hour for each regular hour worked, or on paid leave, from the date of employment through the one hundred fourth (104th) full pay period of employment. (Accrual rate approximately two(2)weeks per year up to four (4) years of service.) 18.1(c) At the rate of fifty-eight thousandths (.058) of an hour for each regular hour worked, or on paid leave, from the one hundred fourth (104th) full pay period through the two hundred thirty-fourth (234th) full pay period of employment. (Accrual rate approximately three (3) weeks per year after four(4) years of service.) 18.1(d) At the rate of sixty-eight thousandths (.068) of an hour for each regular hour worked,or on paid leave, from the two hundred thirty-fourth(234th)full pay period through the three hundred sixty-fourth (364th) full pay period of employment. (Accrual rate approximately three and one-half(3-1/2) weeks per year after nine (9) years of service.) 18.1(e)At the rate of seventy-seven thousandths (.077) of an hour for each regular hour worked,or on paid leave,from the three hundred sixty-fourth(364th)full pay period through the four hundred ninety-fourth (494th) full pay period of employment. (Accrual rate approximately four (4) weeks per year after fourteen (14) years of service.) 25 18.1(f) At the rate of eighty-seven thousandths (.087) of an hour for each regular hour worked,or on paid leave,from the four hundred ninety-fourth(494th)full pay period through the six hundred twenty-fourth (624th) full pay period of employment. (Accrual rate approximately four and one-half(4-1/2)weeks per year after nineteen(19)years of service.) 18.1(g) At the rate of ninety-six thousandths (.096) of an hour for each regular hour worked, or on paid leave, from and after the six hundred twenty-fourth (624th) full pay period of employment. (Accrual rate approximately five(5)weeks per year after twenty-four (24) years of service.) 18.1(h)A full pay period as used in this Article is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours. 18.2 Vacation cannot be accrued while an employee is in a non-pay status. 18.3(a) Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided, however, that if the senior employee splits the employee's vacation by requesting less than a full year's allowance to be scheduled on consecutive workdays,the employee's preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration in the selection of their first choice vacation period. 18.3(b) Notwithstanding the foregoing provisions of Section 18.3(a) vacations for employees assigned to the Redding Power Plant may be scheduled at the convenience of the City. 18.4 The City shall not require an employee to take the employee's vacation in lieu of sick leave or leave of absence on account of illness. 18.5 If a holiday which an employee is entitled to have off with pay occurs on a workday during the employee's vacation period, such employee will be entitled to an additional day of vacation and will be compensated for same. 18.6 Employees whose employment with the City is terminated for any reason shall,at the time of termination, receive any unused vacation period previously earned. 18.7 Whenever any employee has accrued 120 hours or more vacation allowance as set forth in 18.1(a)-(h) a, the City will, at the employee's option compensate the employee for up to forty (40) hours of accumulated vacation during any fiscal year. Additionally, whenever any employee has accrued two hundred forty (240) hours or more vacation allowance as set forth in 18.1(a)-(h),the City will at the employee's option compensate the employee for up to 80 hours of accumulated vacation during any fiscal year. 26 18.8 Whenever any employee has exhausted all paid time off benefits, including advanced sick leave benefits, as a result of a non-work related injury or disability, and is not eligible for long-term disability insurance benefits as set forth in Article 21,other employees may contribute their vacation credits to the disabled employee with vacation credits being donated and granted on the basis of the dollar value of the vacation credits. ARTICLE 19: INCLEMENT WEATHER PRACTICE 19.1 Regular employees who are unable to work in the field because of inclement weather or other similar causes will receive pay for the full day,provided they have reported for duty. During such day they may be held pending emergency calls,may be given first aid, safety or other instruction or they may be assigned to perform miscellaneous duties in sheltered locations. 19.2 Full-time temporary personnel who have reported for work but are unable to work in the field because of inclement weather or other similar causes will be paid only for the time they work or are held by the City, except, however, that they will be paid for not less than two (2) hours. 19.3 City supervisors will be responsible for determining whether weather conditions warrant cessation of outside work. In arriving at a decision with respect to weather conditions, the Supervisor shall take into account such factors as: (a) employee health and safety, (b) undue hazards, (c) operating requirements, (d) service to the public, (e)job site working conditions,(0 anticipated duration of time required to leave unfinished job in a safe condition, (g) anticipated duration of inclement weather, and (h) distance from job site to operating headquarters. ARTICLE 20: MISCELLANEOUS 20.1 The City shall not, by reason of the execution of this Memorandum of Understanding, abrogate or reduce the scope of any present plan or rule beneficial to employees, unless such plan or benefit is amended, altered or modified by one of the understandings contained within this Memorandum of Understanding. 20.2 A Regular or Full-Time Temporary employee who is summoned for jury duty and is thus unable to perform the employee's regular duties will be paid for the time lost at the employee's regular rate of pay. The employee must be in a paid status on both workdays immediately adjacent to jury duty in order to receive pay for jury duty. 20.3 Any employee, at the employee's request shall be permitted to review the employee's own personnel file. The file may not,however,be removed from the Personnel Office. 27 20.4 An employee who disagrees with the evaluator's statements or conclusions with respect to the employee evaluation report shall have the right to review such evaluation report with the City's Personnel Manager and,upon request,shall have the right to have a Union representative present. 20.5 Whenever employees complete authorized courses taken for credit with a passing grade, after advance approval by both the Department Director and the Personnel Manager, the City shall reimburse the employee for the actual expenses of tuition and the cost of required textbooks. 20.6 The City will provide and replace as necessary when worn out or broken all of the following tools or clothing for those employees as specified below. Whenever any of the following tools or clothing are lost, replacement shall be at the employee's expense. (a) Gloves of a type as required by the nature of the work for all employees. (b) Rain pants and coats for all employees. (c) Required Lineman's tools for all pole climbing employees as follows: 1. Pole climbers 2. Lineman's body belts 3. Safety strap 4. Long gauntlet gloves 5. Material pouch 6. Small tool pouch 7. One (1) eight-inch (8") crescent wrench 8. One (1) ten-inch (10") crescent wrench 9. One (1) twelve-inch (12") crescent wrench 10. One (1) claw hammer 11. One (1) screw driver 12. One (1) pair of channel-lock-type pliers 13. One (1) pair nine-inch (9") side-cutter pliers 14. One (1) six-foot(6') fold-up wooden or plastic measuring device 15. One (1) wire-skinning knife 16. One(1)nine-sixteenths-inch by one-half-inch(9/16"x'/2")box-end ratchet wrench 17. One (1) three-quarter-inch by five-eighths-inch (3/4" x 5/8") box- end ratchet wrench (d) Coveralls or special protective clothing for those employees whose work is such that severe damage to clothing is expected. 28 20.7 The City will provide at its expense physical examinations required by the State of California for certain classes of drivers licenses for those employees required to have said licenses. Effective September 1,2002,the City shall commence reimbursing employees for said license renewal fees. 20.8 Whenever any employee is subpoenaed to testify in court as a result of the employee's employment, the employee shall be paid for all time required in such activity. 20.9 The Union's Business Representative and the City's Labor Relations Representative may agree to limit the useful lifetime of employee disciplinary documents. 20.10 The City's Personnel Alcohol and Substance Abuse Policy and Procedure dated January 1, 1995, is hereby incorporated into the Memorandum of Understanding by reference. The parties will continue to meet and confer to modify the Personnel Alcohol and Substance Abuse Policy and Procedure in order to establish a"fitness for duty" policy that will apply to all employees. 20.11 The City will provide training and/or reimburse employees who are regularly assigned to tree trimming duties for the costs, including time off to attend such training, necessary to maintain a certificate issued by the International Society of Arboriculture, as a "Certified Arborist." 20.12 To promote reasonable employee response times for emergency repairs, any employee hired after May 1,2000, shall establish and maintain within four calendar months of the completion of their probationary period, a primary residence within 25 City/County roadway miles and less than 30 minutes driving time of their designated headquarters' location. (It is not the intent of the parties that an existing employee would need to relocate if reassigned to a location within the City limits.) ARTICLE 21: EMPLOYEE BENEFIT PROGRAMS 21.1 Retirement Plan: All Regular employees are covered by a State of California Public Employees' Retirement System program pursuant to an existing contract with the Public Employees' Retirement System. The City pays the employee's full cost of participation in the Public Employee's Retirement System,including the employee's cost of 1959 Survivor's benefits (Indexed Level). • _ . •I . . . . . : 4 Ca1PERS retirement issues related to an actuarial report on Employer Paid Member . . .. . •• . . II . • : • . . .. Effective January 1, 2002, the City commenced reportingto Ca1PERS,as compensation,the amount the City pays on behalf of the employee (7%) as Employer Paid Member Contribution for retirement calculation purposes. If requested by the Union,the City agrees to meet and confer regarding Ca1PERS 29 enhancements during the term of this agreement (September 1, 2002 through August 31, 2006). 21.2(a) Group Insurance: All Regular employees are eligible to participate in a group insurance benefit program effective the first day of employment. The City shall pay the full cost of the program for both employees and dependents. The highlights of the benefits are: (1) Life Insurance: Twice annual salary for employee, $3,000 for employee's dependents. (2) Health Benefits: $100 deductible per person per year; 80%payable for the first $5,000 of eligible charges; except for hospital charges which are 100% payable; 100% thereafter up to two million dollars lifetime limit; professional fees based upon U.C.R.; normal typical exclusions and limitations. Effective July 1, 2003, $200 deductible per person; $600 deductible per family per year; 80% payable for services performed by a Preferred Provider or when no Preferred Provider is available and 70% for services performed by a non-Preferred Provider for the first $5,000 of eligible charges; the out-of- pocket waiver on the next following calendar year shall be eliminated;hospital charges 100% payable: two million dollars lifetime limit professional fees based upon U.C.R.; normal typical exclusions and limitations. Efftctive-Jtt}y 1, 2000, Coverage will includes cancer screening with no separate dollar limit, annual physical examinations, "well-baby" care, a 30-visit annual limit on chiropractic, accidents paid at normal co-payment rate, smoking tobacco use cessation when enrolled in a smoking tobacco use cessation program or behavior modification program once per life-time limit, and birth control, . As soon as practicablc, a prescription drug card program with . . . ••. _ .•. . no deductible,a$5.00 employee co-payment for generic prescriptions - • and a $15.00 co-payment for name brand prescriptions will increase to $15.00, except when no generic is available,the co-pay will be$8.50. • ••. . . •'. . . .4 . benefit-For problems related to alcohol or substance abuse,and mental or nervous disorders- The-major provistotr : Twelve (12) outpatient visits per calendar year paid at 100%with no deductible and an additional twenty-four (24) visits per calendar year payable at 80% subject to the annual deductible. (3) Dental Benefits: No deductible and 100% of U.C.R.(90th percentile) for prevention;no deductible and 50%up to$2,000 per lifetime per person for orthodontia; $25 deductible and 80%of U.C.R.up to$2,000 per person per year for all other eligible charges, effective August 1, 1989. (4) Long Term Disability: After three(3)months 60% of employee's salary integrated with all other income benefits payable to age 65. As an alternative, the Union may elect to receive funding equivalent to the cost for Union members to participate in the City long term disability program in order to purchase its own long term disability policy. 30 (5) Vision Benefits: California Vision Service Plan A (or its equivalent) which provides for$5 deductible; effective July 1, 2003, the deductible will increase to $25:,an eye examination no more often than every twelve(12)months, and lenses and frames no more often than each twenty-four (24) months. The City may, if practicable, modify the group insurance program set forth above by adding utilization review and by creating preferred provider organization programs which create financial incentives for the employee to use such preferred provider services, but do not reduce any current benefit level nor impose any penalty for the employee who chooses not to use a preferred provider's services. 21.2(b) The City will pay fifty percent (50%) of the group medical insurance program premium for each retiree and dependents,if any,presently enrolled and for each retiree in the future who goes directly from active status to retirement and continues the group medical insurance without a break in coverage. For those employees who retire on or after July 1, 2000, dental and vision insurance coverage may be continued as a package under the fifty percent (50%) cost sharing basis provided the retiree also maintains the medical coverage. Payments by the City will be discontinued upon the death of the retiree or upon termination of group medical insurance coverage. The City will not contribute payments on behalf of any retiree except as set forth above. Following the death of a retiree the surviving spouse, if any, may continue the insurance. Notwithstanding the foregoing, the City may increase its contribution to the retirees' group insurance premium or improve Public Employees' Retirement System benefits during the term of this Memorandum of Understanding. As soon as is practicable, the City will implement the VantageCare Retiree Health Savings Plan. 21.3 The parties agree that the foregoing benefits will remain in full force and effect, unless modified by mutual agreement. ARTICLE 22: ENTIRE AGREEMENT 22.1 Except as specifically provided in Article 23 (Term), during the term of this Memorandum of Understanding the parties expressly waive and relinquish the right to meet and negotiate on wages,hours of employment,and terms and conditions of employment,and agree that neither party shall be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Memorandum of Understanding or not,even though such subject or matters may not have been within the knowledge or contemplation of either or both the City or the Union at the time they met and negotiated on and executed this Memorandum of Understanding, and even though such subjects or matters were proposed and later withdrawn. 31 ARTICLE 23: TERM 23.1 This Memorandum of Understanding, having taken effect as of the day and year first above written, shall continue in full force and effect until June 30, 2002 August 31, 2006, and thereafter from year to year unless written notice of change or termination shall be given by either party ninety(90) days prior to the expiration date above or the expiration date of any year thereafter,except,however,this Memorandum of Understanding shall only become effective with approval of the City Council of the City of Redding. 23.2 Whenever notice is given for changes, the general nature of the changes desired must be specified in the notice, and until a satisfactory conclusion is reached in the matter of such changes, the original provision shall remain in full force and effect. 23.3 This Memorandum of Understanding shall not be amended or supplemented except by agreement of the parties hereto, reduced to writing and duly signed by each. 23.4 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict; the balance of this Memorandum of Understanding, however, shall remain in full force and effect. Whenever any provision of this Memorandum of Understanding is affected as set forth above, either party may, by giving thirty (30) days' written notice to the other, open negotiations on the subject of the affected provisions. 32 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year first above written. CITY OF REDDING LOCAL UNION 1245, IBEW s/Robert M. Christofferson s/Jack McNally Robert M. Christofferson Jack McNally City Manager Business Manager s/ Charles R. Reynolds s/Howard Stiefer Charles R. Reynolds Howard Stiefer Director of Labor Relations President s/Franklin D. Ryan s/Jack Osburn Franklin D. Ryan Jack Osburn Operations Manager Business Representative Electric Department s/James G. Bristow s/J. Joseph Kropholler James G. Bristow J. Joseph Kropholler Director of Personnel Services Shop Steward s/John Trunnell John Trunnell Shop Steward 33 IN WITNESS WHEREOF the parties have executed amendments to this Memorandum of Understanding as of the 17t day of September, 2002, to be effective September 1, 2002. CITY OF REDDING LOCAL UNION 1245, IBEW Michael Warren Perry Zimmerman City Manager Business Manager Randy Bachman Edward Mallory Administrative Services Director President Brenda Sciarra Jack Osburn Senior Personnel Analyst Business Representative Thomas Cline Shop Steward Sean McCall Shop Steward James D. Rich Shop Steward Johny A. Roberts Shop Steward Robert T. Sandoval Shop Steward 34 INTERNATIONAL BRO" HOOD OF ELECTRICAL WORKERS CTRIC DEPARTMENT L,.,1IBIT A-1: SCHEDULE OF WAGE RA I Effective: September 1, 2002 Hourly Pay Rate -Salary Step Step 5 Monthly 1 * 2 * 3 * 4 5 Equivalent 886 Power Plant Utility Worker $10.13 $11.49 $13.02 $17.13 $17.98 $3,117 888 Utility Worker $10.13 $11.49 $13.02 $17.13 $17.98 $3,117 850 Groundman $17.97 $18.87 $3,271 842 Power Plant Warehouse Worker $18.37 $19.29 $3,344 840 Warehouse Worker $18.37 $19.29 $3,344 835 Utility Arborist $20.00 $3,467 885 Equipment Service Worker $20.70 $3,589 827 Line Equipment Operator $20.70 $3,589 830 Line Tree Trimmer Leadman** $21.15 $3,665 836 Senior Utility Arborist $21.57 $3,739 825 Warehouse Leadman $23.52 $4,077 833 Power Plant Equipment Operator $23.27 $24.43 $4,235 822 Power Plant Maintenance Mechanic $26.26 $4,551 823 Power Plant Operator $27.54 $4,774 815 Electrician $28.78 $4,989 817 Lineman $28.78 $4,989 816 Instrument& Electrical Technician $28.78 $4,989 834 Power Plant Relief Operator $29.30 $5,079 812 Troubleman $30.23 $5,239 811 Working Foreman - Electrician $31.66 $5,488 810 Working Foreman - Line $31.66 $5,488 813 Working Foreman - Power Plant Maintenance $31.66 $5,488 814 Working Foreman - Power Plant Operations $31.66 $5,488 * Full-time temporary employees only ** Effective April 30, 2000, no future employees will be appointed to this classification. INTERNATIONAL BRO HOOD OF ELECTRICAL WORKERS .CTRIC DEPARTMENT E HIBIT A-2: SCHEDULE OF WAGE RA _ Effective: January 5, 2003 Hourly Pay Rate -Salary Step Step 5 Monthly 1 * 2 * 3 * 4 5 Equivalent 886 Power Plant Utility Worker $10.13 $11.49 $13.02 $17.13 $17.98 $3,117 888 Utility Worker $10.13 $11.49 $13.02 $17.13 $17.98 $3,117 850 Groundman $17.97 $18.87 $3,271 842 Power Plant Warehouse Worker $18.37 $19.29 $3,344 840 Warehouse Worker $18.37 $19.29 $3,344 835 Utility Arborist $20.00 $3,467 885 Equipment Service Worker $20.70 $3,589 827 Line Equipment Operator $20.70 $3,589 830 Line Tree Trimmer Leadman** $21.15 $3,665 836 Senior Utility Arborist $21.57 $3,739 825 Warehouse Leadman $23.52 $4,077 833 Power Plant Equipment Operator $23.97 $25.17 $4,362 822 Power Plant Maintenance Mechanic $27.04 $4,688 823 Power Plant Operator $28.37 $4,917 815 Electrician $29.65 $5,139 817 Lineman $29.65 $5,139 816 Instrument& Electrical Technician $29.65 $5,139 834 Power Plant Relief Operator $30.18 $5,231 812 Troubleman $31.13 $5,396 811 Working Foreman - Electrician $32.61 $5,653 810 Working Foreman - Line $32.61 $5,653 813 Working Foreman - Power Plant Maintenance $32.61 $5,653 814 Working Foreman - Power Plant Operations $32.61 $5,653 * Full-time temporary employees only ** Effective April 30, 2000, no future employees will be appointed to this classification. INTERNATIONAL BROTHOOD OF ELECTRICAL WORKERS 'CTRIC DEPARTMENT IBIT A-3: SCHEDULE OF WAGE RA-1_ Effective: August 31, 2003 Hourly Pay Rate -Salary Step Step 5 Monthly 1 * 2 * 3 * 4 5 Equivalent 886 Power Plant Utility Worker $10.44 $11.83 $13.41 $17.64 $18.52 $3,211 888 Utility Worker $10.44 $11.83 $13.41 $17.64 $18.52 $3,211 850 Groundman $18.51 $19.44 $3,369 842 Power Plant Warehouse Worker $18.92 $19.87 $3,444 840 Warehouse Worker $18.92 $19.87 $3,444 835 Utility Arborist $20.60 $3,571 885 Equipment Service Worker $21.32 $3,696 827 Line Equipment Operator $21.32 $3,696 830 Line Tree Trimmer Leadman** $21.78 $3,775 836 Senior Utility Arborist $22.22 $3,851 825 Warehouse Leadman $24.22 $4,199 833 Power Plant Equipment Operator $24.69 $25.92 $4,493 822 Power Plant Maintenance Mechanic $27.86 $4,828 823 Power Plant Operator $29.22 $5,064 815 Electrician $30.54 $5,293 817 Lineman $30.54 $5,293 816 Instrument& Electrical Technician $30.54 $5,293 834 Power Plant Relief Operator $31.09 $5,388 812 Troubleman $32.07 $5,558 811 Working Foreman - Electrician $33.59 $5,822 810 Working Foreman - Line $33.59 $5,822 813 Working Foreman - Power Plant Maintenance $33.59 $5,822 814 Working Foreman - Power Plant Operations $33.59 $5,822 * Full-time temporary employees only ** Effective April 30, 2000, no future employees will be appointed to this classification. INTERNATIONAL BROTI OOD OF ELECTRICAL WORKERS - 'TRIC DEPARTMENT E, u T A-4: SCHEDULE OF WAGE RATL Effective: January 4, 2004 Hourly Pay Rate -Salary Step Step 5 Monthly 1 * 2 * 3 * 4 5 Equivalent 886 Power Plant Utility Worker $10.44 $11.83 $13.41 $17.64 $18.52 $3,211 888 Utility Worker $10.44 $11.83 $13.41 $17.64 $18.52 $3,211 850 Groundman $18.51 $19.44 $3,369 842 Power Plant Warehouse Worker $18.92 $19.87 $3,444 840 Warehouse Worker $18.92 $19.87 $3,444 835 Utility Arborist $20.60 $3,571 885 Equipment Service Worker $21.32 $3,696 827 Line Equipment Operator $21.32 $3,696 830 Line Tree Trimmer Leadman** $21.78 $3,775 836 Senior Utility Arborist $22.22 $3,851 825 Warehouse Leadman $24.22 $4,199 833 Power Plant Equipment Operator $25.43 $26.70 $4,628 822 Power Plant Maintenance Mechanic $28.69 $4,973 823 Power Plant Operator $30.09 $5,216 815 Electrician $31.45 $5,452 817 Lineman $31.45 $5,452 816 Instrument& Electrical Technician $31.45 $5,452 834 Power Plant Relief Operator $32.02 $5,550 812 Troubleman $33.03 $5,725 811 Working Foreman - Electrician $34.60 $5,997 810 Working Foreman - Line $34.60 $5,997 813 Working Foreman - Power Plant Maintenance $34.60 $5,997 814 Working Foreman - Power Plant Operations $34.60 $5,997 * Full-time temporary employees only ** Effective April 30, 2000, no future employees will be appointed to this classification. INTERNATIONAL BRC 'HOOD OF ELECTRICAL WORKERS ECTRIC DEPARTMENT .1IBIT A-5: SCHEDULE OF WAGE RA Effective: August 29, 2004 Hourly Pay Rate -Salary Step Step 5 Monthly 1 * 2 * 3* 4 5 Equivalent 886 Power Plant Utility Worker $10.75 $12.19 $13.81 $18.17 $19.08 $3,307 888 Utility Worker $10.75 $12.19 $13.81 $18.17 $19.08 $3,307 850 Groundman $19.07 $20.02 $3,470 842 Power Plant Warehouse Worker $19.49 $20.47 $3,548 840 Warehouse Worker $19.49 $20.47 $3,548 835 Utility Arborist $21.22 $3,678 885 Equipment Service Worker $21.96 $3,807 827 Line Equipment Operator $21.96 $3,807 830 Line Tree Trimmer Leadman** $22.43 $3,889 836 Senior Utility Arborist $22.88 $3,966 825 Warehouse Leadman $24.95 $4,325 833 Power Plant Equipment Operator $26.19 $27.50 $4,766 822 Power Plant Maintenance Mechanic $29.55 $5,122 823 Power Plant Operator $31.00 $5,373 815 Electrician $32.39 $5,615 817 Lineman $32.39 $5,615 816 Instrument& Electrical Technician $32.39 $5,615 834 Power Plant Relief Operator $32.98 $5,716 812 Troubleman $34.02 $5,897 811 Working Foreman - Electrician $35.64 $6,177 810 Working Foreman - Line $35.64 $6,177 813 Working Foreman - Power Plant Maintenance $35.64 $6,177 814 Working Foreman - Power Plant Operations $35.64 $6,177 * Full-time temporary employees only ** Effective April 30, 2000, no future employees will be appointed to this classification. INTERNATIONAL BROORHOOD OF ELECTRICAL WORKERS ECTRIC DEPARTMENT HIBIT A-6: SCHEDULE OF WAGE RA. Effective: August 28, 2005 Hourly Pay Rate -Salary Step Step 5 Monthly 1 * 2 * 3 * 4 5 Equivalent 886 Power Plant Utility Worker $11.07 $12.55 $14.23 $18.72 $19.65 $3,406 888 Utility Worker $11.07 $12.55 $14.23 $18.72 $19.65 $3,406 850 Groundman $19.64 $20.62 $3,574 842 Power Plant Warehouse Worker $20.08 $21.08 $3,654 840 Warehouse Worker $20.08 $21.08 $3,654 835 Utility Arborist $21.86 $3,789 885 Equipment Service Worker $22.62 $3,921 827 Line Equipment Operator $22.62 $3,921 830 Line Tree Trimmer Leadman** $23.11 $4,005 836 Senior Utility Arborist $23.57 $4,085 825 Warehouse Leadman $25.70 $4,455 833 Power Plant Equipment Operator $26.98 $28.32 $4,909 822 Power Plant Maintenance Mechanic $30.44 $5,276 823 Power Plant Operator $31.93 $5,534 815 Electrician $33.37 $5,784 817 Lineman $33.37 $5,784 816 Instrument& Electrical Technician $33.37 $5,784 834 Power Plant Relief Operator $33.97 $5,888 812 Troubleman $35.04 $6,073 811 Working Foreman - Electrician $36.71 $6,362 810 Working Foreman - Line $36.71 $6,362 813 Working Foreman - Power Plant Maintenance $36.71 $6,362 814 Working Foreman - Power Plant Operations $36.71 $6,362 * Full-time temporary employees only ** Effective April 30, 2000, no future employees will be appointed to this classification. EXHIBIT B: JOB DEFINITIONS The Job Definitions included herein are intended to be general guidelines regarding the duties to be performed by a particular classification, and are not to be construed as restrictions on the duties an employee may perform. Any employee may be assigned to perform the duties of a classification which has an equal or lower wage rate. A crew as used herein is defined as three or more employees working together on the same job. Power Plant Utility Worker An employee who is engaged in performing a wide variety of unskilled and semi-skilled work. The employee's duties include installation, construction, maintenance and repair of power plant equipment. The employee will be required to operate equipment such as a forklift and portable power tools and to drive a truck hauling a load or towing a trailer of no more than six thousand(6000)pounds. The employee will be required to assist other power plant personnel in the operation and maintenance of a power plant. The employee shall be capable of performing the duties with skill, efficiency, and safety. The employee must possess the appropriate State of California Drivers License. Utility Worker An employee who is engaged in performing a wide variety of unskilled and semi-skilled work. The employee's duties include installation, construction, maintenance and repair of City facilities and property. The employee must possess the appropriate State of California Drivers License. The employee will be required to operate equipment such as forklift,brush chipper,portable power tools and drive a truck hauling a load or towing a trailer of no more than six thousand (6000)pounds. The employee shall be capable of performing the duties with skill, efficiency, and safety. Groundman An employee engaged in performing unskilled and semi-skilled duties,usually in connection with the construction, maintenance and operation of electrical power transmission and distribution systems. The employee's principal duties are normally performed as an assistant to a Lineman. The employee may be required to drive a truck,or to use portable power tools. The employee must possess the appropriate State of California drivers license, and shall be capable of performing the duties efficiently and safely. 1 Power Plant Warehouse Worker An employee who, under general direction, is engaged in performing duties relative to the purchasing,ordering,receiving,dispersing,maintaining records and salvaging of materials, including the operation of material handling equipment. The employee will be required to assist other power plant personnel in the operation and maintenance of a power plant. The employee may be required to drive a vehicle and to type with moderate skill. The employee's background of experience and training shall be such as to qualify the employee to perform the duties safely with skill and efficiency. The employee must possess the appropriate State of California drivers license. Warehouse Worker An employee who is engaged, subordinate to the employee in charge, in performing duties relative to the purchasing, ordering, receiving, dispersing and salvaging of materials, including the operation of material handling equipment. The employee may be required to drive a vehicle and to type with moderate skill. The employee's background of experience and training shall be such as to qualify the employee to perform the duties safely with skill and efficiency. The employee must possess the appropriate State of California drivers license. Utility Arborist An employee who is engaged in performing all types of pruning and tree trimming,including tree trimming in close proximity to high voltage power lines, utilizing tree climbers, rope rigging, mechanical lift equipment, and all types of mechanical and power pruning and cutting tools. The employee will be required to drive a truck and operate equipment such as fork lift,tractor/loader,brush chipper,tractor/mower and portable power tools and to direct the work of not more than two (2) other lower paid employees engaged in unskilled work. The employee's background of training and experience shall be such as to qualify the employee to perform the duties with skill,efficiency and safety. The employee must possess and maintain a certificate issued by the International Society of Arboriculture as a"Certified Arborist" and the appropriate State of California drivers license. Power Plant Equipment Operator An employee who is engaged in performing a wide variety of duties relating to the operation, maintenance and repair of a power plant, buildings, facilities, mechanical equipment and other property of a similar nature as an assistant to other employees. Assists Power Plant Operator in power plant operations, operates control panels for steam and combustion 2 generators. Performs startup and shutdown of major equipment and performs routine water testing. May be required to perform carpentry,plumbing, electrical work,painting, gas and electric welding, and the operation of machine shop tools and equipment and City vehicles. The employee's background of training and experience must be such as to qualify the employee to perform these duties safely with skill and efficiency. The employee must possess the appropriate State of California drivers license. Equipment Service Worker An employee who is a journeyman and is engaged in performing a wide variety of duties related to the maintenance and repair or modification of tools,equipment,vehicles,buildings, facilities and transmission/distribution facilities. The employee may be required to drive a truck or operate equipment and tools in connection with the duties, and must possess the appropriate State of California drivers license. The employee may also be required to perform carpentry,plumbing,painting,cement work,masonry,gas and electric welding,and related clerical work. The employee should be a journeyman in one of the foregoing crafts and should be reasonably competent and proficient in performing routine tasks of some of the other crafts. The employee may be required to direct the work of another lower paid employee. The employee's background of training and experience shall be such as to qualify the employee to perform the duties safely with skill and efficiency. Line Equipment Operator An employee engaged in driving, operating and routine maintenance of trucks and other equipment such as backhoe,front-end loader,and dump truck as required in connection with the construction,maintenance and operation of electrical power transmission and distribution systems,and must possess the appropriate State of California drivers license. The employee may be required to perform job related clerical work; is responsible for keeping tools and materials in good order on the truck; assists with ground work. The employee shall be capable of performing the duties with skill, efficiency and safety. Senior Utility Arborist An employee who is a leadman in charge of not more than three(3)other employees engaged in performing all types of pruning and tree trimming, including tree trimming in close proximity to high voltage power lines, utilizing tree climbers, rope rigging, mechanical lift equipment, and all types of mechanical and power pruning and cutting tools. The employee must possess and maintain a certificate issued by the International Society of Arboriculture as a"Certified Arborist." The employee will be required to drive a vehicle,may be required to operate equipment, and must possess the appropriate State of California drivers license. 3 The employee shall have the personal qualifications of leadership and supervisory ability and be familiar with the City's construction and safety standards,accounting procedures,and all other applicable rules and regulations. The employee shall be capable of performing the duties with skill, efficiency, and safety. The employee may be required to perform physical inspections of tree trimming contractors' work and prepare regular reports on such activities. When in charge of more than three other employees, the employee's wage rate shall be increased by five percent (5%). Power Plant Maintenance Mechanic An employee who is engaged in performing a wide variety of duties relating to the operation, maintenance and repair of a power plant and is skilled in turbine, boiler and generator maintenance,work on high-pressure control valves and systems,pneumatic valve controllers and actuators,alignment of pumps and turbine generators,welding pipe and pressure vessels and other related duties as assigned. May be required to perform carpentry, plumbing, electrical work,painting, gas and electric welding, and the operation of machine shop tools and equipment and City vehicles. The employee's background of training and experience must be such as to qualify the employee to perform these duties safely with skill and efficiency. The employee must possess the appropriate State of California drivers license. Power Plant Operator An employee who operates power plants in accordance with operating instructions and procedures and responds to alarms,takes appropriate corrective action,executes power plant shutdown and startup procedures,reports abnormal conditions to the immediate supervisor, assists in training other employees to operate power plants, conducts water testing and treatment duties,operates control panels to regulate the load on the steam generators turbine and to maintain proper steam temperature and pressure, feed water and fuel supply and efficient combustion conditions, synchronizes generators and regulates load, voltage and frequency and other duties as assigned. The employee's background of training and experience shall be such as to qualify the employee to perform these duties with skill and efficiency. The employee must possess the appropriate State of California drivers license, and be capable of performing the duties safely. Warehouse Leadman An employee who is a working foreman and is in charge of stores wherein a number of employees are engaged in performing duties relative to the purchasing, ordering,receiving, dispersing, and salvaging of material and supplies. The employee may be required to drive a vehicle and operate material handling equipment, and must possess the appropriate State 4 of California drivers license. The employee shall have the personal qualifications of leadership and supervisory ability and be familiar with the City's stores procedures, accounting procedures, safety standards and other applicable rules and regulations. The employee shall be capable of performing the duties with skill, efficiency, and safety. Electrician An employee who is a journeyman and is engaged in performing all classes of electrical work. The employee duties may include installing, testing and maintaining all types of meters, protective relay and supervisory equipment, station apparatus, instruments, control devices, fire alarm systems, remote control and telemetering equipment, traffic signals and recording instruments. The employee's background of apprenticeship and experience shall be such as to qualify the employee to perform these duties with skill and efficiency. The employee must possess the appropriate State of California drivers license,and be capable of performing the duties safely. When in charge of two or more other employees, the employee shall be upgraded to Working Foreman- Electrician. Lineman An employee who is a journeyman and is engaged in performing all classes of electrical power transmission and distribution system construction,maintenance and operation work. The employee may be required to drive a truck and operate any associated equipment, and must possess the appropriate State of California drivers license. The employee's background of apprenticeship and experience shall be such as to qualify the employee to perform these duties with skill and efficiency. The employee shall be capable of performing the duties safely. Instrument & Electrical Technician An employee who is engaged in journey-level work and performs all classes of electrical work. The employee's duties may include installing, testing and maintaining all types of meters,protective relay, power plant distributed control systems, pneumatic control valves and actuators, transducers, high voltage circuit breakers and switch-gear, motor control centers, programmable logic controllers, sensors for pH level, pressure, temperature and continuous emissions monitoring instruments control devices, fire alarm systems and recording instruments. The employee's background of training and experience shall be such as to qualify the employee to perform these duties with skill and efficiency. The employee must possess the appropriate State of California drivers license,and be capable of performing the duties safely. 5 Power Plant Relief Operator An employee who under general supervision provides relief fill-in for absent Power Plant Operator(s) or Power Plant Equipment Operator(s). The assigned shift is modified to meet plan operating needs. Operates power plants in accordance with operating instructions and procedures and responds to alarms,takes appropriate corrective action.,executes power plant shutdown and startup procedures,reports abnormal conditions to the Power Plant Supervisor or Power Plant Operator as appropriate to the relief assignment,operates control panels to regulate load on the steam generators and steam and combustion turbine generators, maintains proper steam pressure and temperature,synchronizes generators and regulates load, voltage and frequency, feedwater supply, fuel supply and efficient combustion conditions, operates major auxiliary apparatus and systems such as air compressors.boiler feedwater and condensate treatment systems.reverse osmosis and storage system.pollution control systems and all locally controlled electrical and mechanical equipment, assists in training other employees. When providing relief fill-in for absent Power Plant Equipment Operator.assist Power Plant Operator in power_plant operations,operate control panels for steam and combustion turbine generators,perform startup and shutdown of equipment,perform routine water testing. Will perform other duties as assigned,such as inventory control,fire inspections,operational tests. May be required to perform carpentry,.plumbing,_electrical work,painting,gas and/or electric welding, and the operation of machine shop tools and equipment and City vehicles. The employee's background of training and experience shall be such as to qualify the employee to perform these duties with skill and efficiency in accordance with all federal,state and local environmental and safety laws, rules and regulations. The employee must possess the appropriate State of California driver's license, and be capable of performing the duties. Troubleman An employee who has the craft qualifications of a Lineman and performs any work in connection with providing and maintaining service to the public, such as installing electric services and all types of meters, replacing line and equipment fuses, patrolling, switching, restoring service on "no light," "no power" and "no water" calls, minor servicing and repairing of customers' equipment,operating substations,inspection for proper function and performing minor repairs, maintenance and adjustments to City facilities, such as street maintenance, operation and complaints; may be required to collect deposits and bills. In trouble and emergency work involving immediate hazard to life or property,may be required to work alone to cut circuits of over 600 volts in the clear. The employee must possess the appropriate State of California drivers license, and shall be capable of performing the duties with skill, efficiency, tact, diplomacy, and safety. 6 Working Foreman- Electrician An employee who is a working foreman in charge of a crew of not more than four(4) other employees engaged in performing all classes of electrical work. The employee shall have the personal qualifications of leadership and supervisory ability, the craft qualifications of an Electrician, and be familiar with the City's construction and safety standards, accounting procedures and all other applicable rules and regulations. The employee shall be capable of performing the duties with skill, efficiency, and safety, and must possess the appropriate State of California drivers license. When in charge of more than four (4) other employees the employee's wage rate shall be increased by ten percent (10%). Working Foreman- Line An employee who is a working foreman in charge of a crew of not more than four(4) other employees engaged in performing all classes of electrical power transmission and distribution system construction,maintenance and operation work. The employee shall have the personal qualifications of leadership and supervisory ability,the craft qualifications of a Lineman,and be familiar with the City's construction and safety standards,accounting procedures,General Order 95 and all other applicable rules and regulations. The employee shall be capable of performing the duties with skill, efficiency, and safety, and must possess the appropriate State of California drivers license. When in charge of more than four (4) other employees the employee's wage rate shall be increased by ten percent (10%). five percent (5%). Working Foreman - Power Plant Maintenance An employee who is a working foreman in charge of a crew of not more than five(5) other employees from the Power Plant Maintenance Mechanic and Instrument and Electrical Technician crafts. The employee must possess sufficient knowledge of: all tools and equipment used under the employee's direction and guidance; the functions of power plant equipment, how it operates mechanically, hydraulically, and electronically; the City's construction and safety standards, accounting procedures, and all other applicable rules and regulations; work procedures and methods for the areas of Mechanical and Instrument and Electrical responsibility; and the City's clearance, safety, and hazardous materials handling procedures/regulations. The employee must possess the ability to coordinate,schedule, and plan all aspects of the construction, maintenance, and repair of the City's power plant facilities and aid in both the design and planning of such projects; and the appropriate State of California drivers license. The employee shall have not less than two (2) years journeyman craft experience or its equivalent as a Power Plant Maintenance Mechanic and/or Instrument and Electrical Technician, the personal qualifications of leadership and supervisory ability,and the employee's background of training and experience shall be such as to qualify the employee to perform the duties with skill and efficiency. When in charge 7 of more than five (5) other employees, the employee's wage rate shall be increased by ten percent (10%). Working Foreman - Power Plant Operations An employee who is a working foreman in charge of a crew of not more than five (5) other employees engaged in performing power plant operations. The employee shall have the personal qualifications of leadership and supervisory ability, not less than two (2) years experience as a Power Plant Operator,and be familiar with the City's power plant operation procedures and practices, the City's clearance, safety, hazardous materials handling procedures/regulations,accounting procedures,and all other applicable rules and regulations. The employee's background of training and experience shall be such as to qualify the employee to perform the duties with skill and efficiency. The employee must possess the appropriate State of California drivers license. When in charge of more than five (5) other employees, the employee's wage rate shall be increased by ten percent (10%). 8 EXHIBIT C: LINES OF PROGRESSION CLASSIFICATION NEXT LOWER SAME OR HIGHER CLASSIFICATION CLASSIFICATIONS Power Plant Utility Worker Utility Worker Groundman Utility Arborist Equipment Service Worker Line Equipment Operator Line Tree Trimmer Leadman Senior Utility Arborist Groundman Utility Worker Equipment Service Worker Line Equipment Operator Lineman Troubleman Working Foreman - Line Power Plant Warehouse Worker Warehouse Leadman Warehouse Worker Warehouse Leadman Utility Arborist Senior Utility Arborist Equipment Service Worker Line Equipment Operator Groundman Lineman Troubleman Working Foreman- Line Senior Utility Arborist Utility Arborist Warehouse Leadman Warehouse Worker Power Plant Warehouse Worker Power Plant Equipment Operator Power Plant Operator Power Plant Relief Operator Working Foreman- Power Plant Operations Power Plant Maintenance Mechanic Power Plant Utility Worker Power Plant Operator Power Plant Warehouse Worker Working Foreman- Power Plant Power Plant Equipment Operator Maintenance Power Plant Operator Power Plant Equipment Operator Power Plant Relief Operator Working Foreman- Power Plant Operations Electrician Working Foreman-Electrician 1 CLASSIFICATION NEXT LOWER SAME OR HIGHER CLASSIFICATION CLASSIFICATIONS Lineman Troubleman Working Foreman- Line Instrument and Electrical Technician Working Foreman- Power Plant Maintenance Power Plant Relief Operator Power Plant Equipment Operator Power Plant Operator Working Foreman - Power Plant Operations Troubleman Lineman Working Foreman- Line Working Foreman- Electrician Electrician Working Foreman- Line Lineman Troubleman Working Foreman- Power Plant Power Plant Maintenance Maintenance Mechanic Instrument and Electrical Technician Working Foreman - Power Plant Power Plant Operator Operations Power Plant Relief Operator 2 L:XHIBIT D: GRIEVANCE FORM GRIEVANCE IBEW—Electric Unit Grievant Division Job Title Shop Steward Date of Occurrence Date of Awareness ISSUE Specific Article(s) violated: Explain specifically what happened and why you believe the MOU was violated: ❑ Supporting documents/other information attached. Correction requested: Submitted by(signed) Date: City's answer: 0 supporting documents attached. Signed: Date: Disposition: ❑ Settled on at step one 0 two 0 three 0 ❑ Withdrawn on O Scheduled for Arbitration on