HomeMy WebLinkAboutReso. 1987 - 305 - Approving the provisions of the memorandum of understanding between the city of redding and the international brotherhood of elctrical workers local union 1245 411 4110
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RESOLUTION NO. 87-305
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 REDDING
APPROVING THE PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF REDDING AND THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 1245 , WITH
RESPECT TO CERTAIN EMPLOYEES OF THE ELECTRIC UTILITY
DEPARTMENT OF THE CITY OF REDDING, EFFECTIVE OCTOBER 14 ,
1987 .
WHEREAS, certain employees of the Electric Utility
Department of the City of Redding represented by Local Union
1245 , International Brotherhood of Electrical Workers (IBEW) ,
petitioned the Municipal Employee Relations Officer to be
represented separately from the balance of the ; employees
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represented by Local Union 1245 , IBEW; and
WHEREAS , on September 17 , 1987 , the Municipal Employee
Relations Officer established that certain employees of the
Electric Utility Department of the City of Redding were an
appropriate bargaining unit pursuant to Resolution No. , 4217 ; and
WHEREAS, the Municipal Employee Relations Officerirecognized
Local Union 1245 , IBEW, as the majority representative of said
bargaining unit; and
WHEREAS, representatives of the City of Redding %hand repre-
sentatives of Local Union 1245 , IBEW, have met and conferred in
good faith, and have reached tentative agreement on the
provisions of a Memorandum of Understanding governing wages,
hours, and other terms and conditions of employment for said
bargaining unit of City employees; and
WHEREAS , the City Council of the City of Redding has studied
the provisions of said Memorandum of Understanding and deems its
adoption to be in the best interests of the citizens of the City
of Redding;
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Redding hereby adopts this Resolution approving the
provisions of the Memorandum of Understanding, a true copy of
which is attached hereto as Exhibit "A" and incorporated herein
by reference, between the City of Redding and Local Union 1245 ,
International Brotherhood of Electrical Workers, covering certain
employees of the City' s Electric Utility Department,I, effective
October 4 , 1987 .
I HEREBY CERTIFY that the foregoing Resolution was
special
introduced and read at a' ixgq OAX meeting of the City Council of
the City of Redding on the 14th day of October , 1987 , and
was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Fulton, Johannessen, & Dahl
NOES : COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: p$nrg
ABSTAIN: COUNCIL MEMBERS:
(-\.0/ \'.1
MIKE DAHL, Mayor
City of Redding j
ATTEST:
�./-� 0 ��' -
ETHEL A. NICHOLS, City Clerk
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FORM PPROVED:�
acid/xi/el,
RA ALL A. HAYS , ity Attorney
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MEMORANDUM OF UNDERSTANDING
Between
THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDD;ING
and
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THE DESIGNATED REPRESENTATIVES OF LOCAL UNION 1245
of
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
AFL-CIO
ELECTRIC DEPARTMENT
EFFECTIVE:
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TABLE OF CONTENTS
Article
Page
1 Preamble 1
2 Recognition 2
3 Union Security 3
4 Grievance Procedure 4
5 Safety 5
6 Disability and Unemployment 6
7 Employee Status 7
8 Wages and Classifications 8
9 Hours and Overtime 9
10 Seniority 12
11 Promotion and Transfer � 12
12 Demotion and Layoff 14
13 Leave of Absence 14
14 Expenses 15
15 Sick Leave 17
16 Emergency Leave 18
17 HolidaysI 18
18 Vacations 19
19 Inclement Weather Practices 20
20 Miscellaneous 21
21 Employee Benefit Programs I 23
22 Entire Agreement „ 24
23 Term 24
Exhibit A, Schedule of Wage Ratesi 25-26
Exhibit B , Job Definitions ) 1 -4
Exhibit C, Lines of Progression 1 -2
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MEMORANDUM OF UNDERSTANDING
THIS 0 DUM OF UNDERSTANDING, made and entered into this 7;4
day of , 1987, by and between the designated
representatives of the CITY OF REDDING (a public agency as'i 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 adjust-
ment of differences that may from time to time arise between them, to promote har-
mony 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.
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 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 pall 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
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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 employe-employee relations
but such representatives shall not interfere with work in progress without agree-
ment of Management.
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 dis-
criminate 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 repre-
sentation by a Union representative. The foregoing shall apply to reprimands,
disciplinary actions, investigations, interviews for promotion and hearings, pro-
viding 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
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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 Director of Labor Relations and such other
management personnel as determined by the Director of Labor Relations. 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 al 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 mem-
bers, 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 as the individual is workings 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 con-
dition 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 mho 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. 0. 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. The City shall notify Union each month at the time of the dues
or agency fees transmittal to Union of any changes since tike 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.
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3.6 Upon written request from the Union, the City shalfl , within twenty-one
(21 ) calendar days, terminate the employment of any employee4lho fails to comply
with the requirements of this Article.
3.7 The City shall provide all new employees with Union membership appli-
cation forms, payroll deduction authorization forms, and a copy of this Memorandum
of Understanding on or before the first day of employment. Sueh materials will be
furnished to the City by the Union.
3.8 The parties shall not comply with nor enforce the, agency shop provi-
sions of this Article until compliance is clearly and indisputably lawful .
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 impas;'se as set forth in
Resolution No. 4217 are not a grievance.
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) days. This step shal!I be started within
thirty (30) 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 thel initial step, the
second step shall be a discussion between the Shop Steward and the Division Head
who shall answer within ten (10) days. This step shall be taken within ten (10)
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 discussion between the Shop Steward and the Department Head
who shall answer within ten ( 10) days. This step shall be taken within ten (10)
days of the date of the Division Head's answer in Step Two.
4.5 Step Four: If a grievance is not resolved in the in third step, the
fourth step shall be a discussion between either the Shop Steward, or the Union's
Business Representative, and the Director of Labor Relations! who shall answer
within ten ( 10) days. This step shall be taken within ten ( 10,) days of the date
of the Department Head's answer in Step Three.
4.6 Step Five: If a grievance is not resolved in the fourth step, the
fifth step shall be the presentation of the grievance, in writing, by the Union's
Business Representative to the City Manager, who shall answer, in writing, within
ten ( 10) days. The fifth step shall be taken within ten (10) days of the date of
the answer in Step Four.
4.7(a) Step Six: If a grievance is not resolved in the fifth step, the sixth
step shall be referral by either the City, or the Union, to arbitration. The
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sixth step shall be taken within twenty (20) days of the date of the answer in
Step Five.
4.7(b) An arbitrator shall be appointed on each occasionithat 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 I�;ot. 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.
4.7(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.
4.8 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, or 4.7(a) will result in forfeiture.
Failure by the City to meet any of the aforementioned time l i mei is as set forth in
Sections 4.2, 4.3, 4.4, 4.5, or 4.6, 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 .9 Notwithstanding the aforementioned procedue , 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 shall be given an opportunity to be
present at such adjustment.
ARTICLE 5
Safety
5.1 The City Council desires to maintain a safe placei of employment for
City employees and to that end City Management shall make all reasonable provi-
sions necessary for the safety of employees in the performance of their work.
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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 recdrrence, eliminating
hazardous conditions and familiarizing employees with safe work procedures and
applicable State Safety Orders and for training in first alid. The City will
notify the Union of the date, time and p l ace 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 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 lapplication of the
Workers' Compensation and Insurance Chapters of the State Labo Code, the employee
shall become entitled, regardless of the employee's period of service with the
City 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%)1 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 employee shall pay over to the City any temporary or
permanent disability compensation received, whether from Worikers' 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 paragraphia.
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 ijduties 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 determlined 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 Iby 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
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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 indus-
trial 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 aregular employee is
absent from work as a result of a job related disability and receiving the supple-
mental 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 and probationary employees who are receiving Workers' Compensation
temporary disability benefits shall receive group insurance overage during the
period in which they are receiving temporary disability compensation for up to a
maximum of a cumulative total of five (5) years at the City's expense. 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. I'
ARTICLE 7 ;
Employee Status
7.1 Employees will be designated as regular, probationary, 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 who has six (6) months or
more seniority with the City in full-time employment.
7.3 A probationary 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 probationary employee shall receive not less than
the minimum rate for the job and shall be eligible for sick cleave pay, vacation
pay, holiday pay, retirement plan participation, insurance coverage and items of
similar nature, as the employee becomes eligible, but shall not be given pref-
erential consideration for promotion or transfer or be eligible for a leave of
absence. Upon completion of six (6) months of continuous fulfil-time service with
City, a probationary employee shall be given the status of a regular employee.
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.
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7.4 A full -time temporary employee is defined as an i'employee hired for
occasional or seasonal work for a period not to exceed six (6) months. 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, vaca'iion 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 probationary
status the employee shall be credited with all continuous service in determining
eligibility for such benefits as may accrue to the employee in the employee's new
status.
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ARTICLE 8
Wages and Classifications
8. 1 Employees shall be paid the wage established for tiheir classification.
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 mode than the top wage
rate of the classification to which the employee is appointed. After thirteen
full pay periods of employment at salary step 1 , an employee shall be advanced to
salary step 2. After twenty-six (26) full pay periods of employment at salary
step 2, an employee shall be advanced to salary step 3. After twenty-six (26)
full pay periods of employment at salary step 3, an employee shall be advanced to
salary step 4. After twenty-six (26) full pay periods of employment at salary
step 4, 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 at the end of
the employee's work period 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 bel paid at the rate
established for the higher classification, with a minimum of !four (4) hours and
time computed to the next full hour, except when the work is performed outside of
the regular work hours and the duration is less than four (4) 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 regullar 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 employeeqs rate of pay will
not be reduced.
8.5 For purposes of wage rate progression in a temporahry 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(a) Attached hereto and made a part hereof is Exhibit "A" titled "Schedule
of Wage Rates."
8.6(b) Effective June 26, 1988, wage rates shall be increased by one percent
(1%) and shall be further adjusted at the rate of eight tenths of one percent
( .8%) for each one percent (1%) of change in the Bureau of Labor Statistics
Consumer Price Index for Urban Wage Earners $ Clerical Workers 'all U. S. Cities,
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1967 base, between the index number for May 1987 and the index number for May
1988. Except, however, wage rates shall not be increased more than nine percent
(9%) as set forth above.
8.6(c) Notwithstanding the foregoing, wage rates shall not be adjusted below
the level established on October 4, 1987.
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8.7 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 work-
week 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 8:00 a.m. to 12:00
noon and 1 :00 p.m. to 5:00 p.m. or 8:00 a.m. to 12:00 noon and 12:30 p.m. to 4:30
p.m. from the sixteenth (16th) day of October through the fifteenth (15th) day of
May, and 7:00 a.m. to 11 :00 a.m. and 12:00 noon to 4:00 p.m. , or 7:00 a.m. to
11 :00 a.m. and 11 :30 a.m. to 3:30 p.m. from the sixteenth (16th) day of May
through the fifteenth (15th) day of October, provided however pat those employees
who are required to consume their lunch at a location other than the City's Corpo-
ration 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 com-
pensation. 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 meetingsi 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 9.3, employeeslengaged in service
work 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 9.3, employees engaged in equipment
maintenance or warehouse duties may be assigned to work a s hili f t which begins
as early as 6 :00 a. m. or ends as late as 12:00 midnight.
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9.4(c) Any work shift other than as in 9.3 established as provided in 9.4(a)
or 9.4(b) shall consist of eight (8) or ten (10) consecutive hours as applicable,
with a meal break 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 l i milted 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 Director of Labor Relations.
9.6 Overtime is defined as (a) time worked in excess pf forty (40) hours
in a workweek, (b) time worked in excess of eight (8) orl ten (10) 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 next higher one-quarter ( 1/4) hour.
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 any employee performs overtime work beginning on a reg-
ularly scheduled workday, the overtime compensation rate shall be double the
employee's regular hourly payrate after the employee has worked four (4) consecu-
tive 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 workhours at the time-and-one-half payrate during that work
period. Overtime pay at double the employee's regular payrlate shall continue
until the employee is released from duty or the beginning of the employee's regu-
lar work hours, whichever occurs first. No employee shall bei allowed to receive
compensatory time off with pay for overtime worked, except, however, that
employees who have accumulated compensatory time off with pay as of October 4,
1987 shall be allowed to schedule such time off in the future.
9.8 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, includ-
ing
nclud-
ing 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.
9.9 Overtime shall be distributed as equally as is practicable among those
employees who are qualified and available, and the City shall not require employ-
ees who have worked overtime to take equivalent time off during a workday without
pay.
9.10 Notwithstanding the provisions of 9.3, the City's! Director of Labor
Relations and the Union's Business Representative may agree to a workweek or work
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hours other than as defined in 9.3 during the term of this (Memorandum of Under-
standing.
9.1 1 (a) If an employee has worked for eight (8) hours or pore 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 shliall be entitled to a
rest period of eight (8) consecutive hours on the completion of such overtime
work.
9.11 (b) There shall be included as part of the eight (8) Ihours 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. ,
9.11 (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 over-
time work.
9.11 (d) If the eight (8) hour rest period in whole or i 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 shal I i be paid for at the
overtime rate.
9.11 (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.
9.11 (f) (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.
(3) In the application of the foregoing, an employee, 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.
9.11 (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
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at the overtime rate for all work performed until the employee has been relieved
from duty for at least eight (8) consecutive hours.
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 five (5) 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 Actl of Congress which
provides 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 posi-
tions of Equipment Service Worker, Utility Worker, and Groundman, 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 for appointment. For the first and each subsequently odd-numbered
entry-level position vacancy which occurs after October 4, 11987, the City will
follow the procedures set forth above in filling each such entry-level position
vacancy. For each even-numbered entry-level position vacancy which subsequently
occurs, the City may refrain from following the procedures set forth above 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.
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(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 photocopy provided to the 'Iemployee. The City
shall not consider original pre-bids for any position vacancies which are submit-
ted 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. I�
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 submitted. For purposes of determining ,employee qualifica-
tions, the City may utilize examinations. The City shall not consider the appli-
cation of any employee for a Working Foreman - Line position if the employee has
been classified as Lineman less than the equivalent of one 9 ) 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 mos 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 an employee's absence from work
due to illness, disability, vacation, or leave of absence, ori a vacancy of less
than six (6) months duration.
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11 .7 All appointments filled by promotion or transfer !!of a City employee
shall be on a probationary basis for three (3) months for the purpose of determin-
ing qualifications. At any time during the probationary 'period, either the
employee or the City may terminate the appointment. If an appointment is termi-
nated, the employee shall be returned to either the employee's previous
classification and wage rate, or some other classification that, is mutually satis-
factory to both the employee and the City. If an appointmentis 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 pro-
bationary period.
11 .8 Notwithstanding anything contained in this Articles, the City's Direc-
tor of Labor Relations and the Union's Business Representative may agree to other
provisions during the term of this Memorandum of Understanding.
11 .9 Attached hereto and made a part hereof is Exhibit "C" titled "Lines of
Progression." li
ARTICLE 12
Demotion 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 pro-
bationary
ro-
bationary 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 dis-
place 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, they City's Director of
Labor Relations and the Union's Business Representative may agree to other proce-
dures during the term of this Memorandum of Understanding.
ARTICLE 13
Leave of Absence
13. 1 Leave of absence may be granted to regular employees by the City Man-
ager 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 no time
limit 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 suchlcases a leave will
be granted.
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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 preced-
ing 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'iwill 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 three (3) calendar months on the normal
premium-sharing formula, providing the employee pays the employee's share of the
premium on a timely basis.
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.
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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) Ihours, 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 one and one-half (1-1/2) 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 releas-
ing the employee from duty without pay for one-half (1/2) hour to consume a meal
at the employee's own expense will be 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 Ithe 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 nor-
mal lunch practices will be followed on such days.
14.7 The City shall pay the cost of any meal which it required to pro-
vide, 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 oneihalf (1 1/2) hours.
If an employee who is entitled to a meal under the provisions of this Article does
16
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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 ten dollars ($10.00) plus tax and a fifteen
percent (15%) tip. The City's cost for meals provided at all pother times shall be
limited to five dollars ($5.00) each, plus tax and a fifteen percent (15%) tip.
Any cost incurred by an individual employee above those set forth above shall be
at the employee's own expense by automatic payroll withholding..
ARTICLE 15
Sick Leave
15.1 Sick leave with pay shall be accumulated for each regular and proba-
tionary 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. )
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. •
15.3 Management may require satisfactory evidence of sickness or disability
before payment for sick leavewill be made. The City may also require an employee
requesting to return to work after sick leave or leave of absence for medical rea-
sons 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 lat the sole expense
of the City.
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 service to the City termi -
nates 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,
reduced by the amount of any bonus vacation hours the employee has previously
received pursuant to Section 18.2. For employees with fifteen (15) years or more
b•ut less than twenty (20) years of service, the percentage set forth above shall
be increased to forty-five percent (45%). For employees with twenty (20) years
or more service, the percentage set forth above shall be Ilincreased to sixty
percent (60%). An employee may, however, at the employee's opthion, elect to waive
the foregoing benefit and in lieu thereof, receive credit fo,r 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.
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ARTICLE 16
Emergency Leave
16. 1 Regular and probationary employees who are absent from work due to the
death or critical illness 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. 1 "Immediate family"
as used herein includes only employee's spouse, children, grandchildren, brothers,
sisters, parents, or grandparents of either spouse or other persons who are living
in the employee's immediate household. Critical illness as used herein is defined
as when death is potentially imminent.
ARTICLE 17
Holidays
17. 1 Regular and probationary employees, except as ;otherwise provided
herein, shall be entitled to have the following holidays off with pay:
(a) January 1st
(b) "Lincoln Day"
(c) The third Monday in February
(d) The last Monday in May
(e) July 4th
(f) First Monday in September
(g) Employee's birthday
1l
(h) "Columbus Day"
( i ) "Veterans Day"
(j) Thanksgiving
(k) Friday after Thanksgiving
( I ) The last four (4) work hours before Christmas
(m) 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 Sat-
urday 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 forego-
18
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ing holidays fall on any day from Monday through Friday, inclusive, and that day
is a regularly scheduled non-workday for an employee, such emOoyee shall be enti-
tled to receive another workday off with pay, to be scheduled in the same manner
as vacation days are normally scheduled. 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., 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.
17.2 Notwithstanding the foregoing, employees may be 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 If an employee is in a non-pay status on both workdays immediately
adjacent to the holiday, the employee shall not receive pay for the holiday.
ARTICLE 18
Vacations
18. 1 (a) Regular and probationary employees of the City shall accrue vacations
with pay as follows:
18. 1 (b) At the rate of thirty-nine thousandths ( .039) of an hour for each reg-
ular 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 reg-
ular 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 employ-
ment. (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 reg-
ular 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.)
I
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.)
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18. 1 (g) At the rate of ninety-six thousandths ( .096) of an hour for each regu-
lar 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 In each of the first five (5) calendar years, except for the first
calendar year, following the employee's employment date an employee who has used
twenty-four (24) hours or less of paid sick leave in the preceding year shall be
entitled to eight (8) hours of bonus vacation in addition to any vacation
allowance the employee is entitled to as set forth in Section 18.1 . In the tenth
(10th) calendar year following an employee's employment date and in each fifth
(5th) calendar year thereafter an employee who has used one hundred twenty (120)
hours or less of sick leave during the five preceding calendar years shall be
entitled to forty (40) hours of bonus vacation in addition to the vacation
allowance the employee is entitled to as set forth in Section 18. 1 . The bonus
vacation, as herein provided, vests on the first day of each year in which an
employee qualifies for a bonus vacation. An employee acquires no right to all or
any part of the bonus vacation unless such employee works in the calendar year in
which it is granted.
18.3 Vacation cannot be accrued while an employee is inla non-pay status.
18.4 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 fullyear'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.
18.5 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.
18.6 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.
18.7 Employees whose employment with the City is terminated for any reason
shall , at the time of termination, receive any unused vacation period previously
earned.
ARTICLE 19 �!
Inclement Weather Practice
19. 1 Regular or probationary 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 pend-
ing emergency calls, may be given first aid, safety or other instruction or they
may be assigned to perform miscellaneous duties in sheltered locations.
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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 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 require-
ments, (d) service to the public, (e) job site working conditions, (f) anticipated
duration of time required to leave unfinished job in a safe condition, (g) antici-
pated 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, probationary, 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.
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.
20.4 An employee who disagrees with the evaluator's statements or conclu-
sions with respect to the employee evaluation report shall ' have the right to
review such evaluation report with the City's Director of Personnel Services 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 Head and the Director
of Personnel Services, the City shall reimburse the employee for the actual
expenses of tuition and the cost of required textbooks.
20.6 Whenever any employee in the equipment shop who isirequired to furnish
the employee's own tools suffers a major loss of personal tools, such as by fire,
flood or theft, the City will replace those tools providing the employee pays the
first one hundred dollars ($100) of the cost of replacement. Fpr purposes of this
provision, each covered employee must have on file with the City Personnel Office
a complete itemized list of all the employee's personal tools with the original
price of each tool , or if unavailable, an estimate of its replacement cost.
20.7 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, repliacement shall be at
the employee's expense.
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(a) Gloves of a type as required by the nature of the work for all employ-
ees.
(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") sidecutter 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 1/2")
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.
20.8 The City will provide at its expense physical examinations required by
the State of California for certain classes of drivers licensees for those employ-
ees required to have said licenses.
20.9 An annual tool allowance of two hundred fifty dollars ($250) shall be
paid to all employees classified as Mechanic. An annual tool allowance of one
hundred fifty dollars ($150) shall be paid to all employees classified as
Equipment Service Worker. The tool allowance shall normally be paid in July of
each year and it is for the purpose of repair and replacement of tools for the
ensuing fiscal year. The first tool allowance shall be a prorated amount for that
period of time from the employee's date of employment in a covered classification
to the following July 1 . If an employee's service is terminated, the final tool
allowance shall be a prorated amount and any overpayment shall be withheld from
any funds due the employee.
20. 10 Whenever any employee is subpoenaed to testify in court as a result of
the employee's employment and is thus unable to perform the employee's regular
duties, the employee shall be paid for all regular time lost; provided that this
testimony is not contrary to the best interest of the City. I,
20. 11 The Union's Business Representative and the City'fs Director of Labor
Relations may agree to limit the useful lifetime of employee disciplinary
documents.
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ARTICLE 21
Employee Benefit Programs
21 .1 Retirement Plan: All regular and probationary 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.
21 .2(a) Group Insurance: All regular and probationary employees are eligible
to participate in a group insurance benefit program effective the first day of
employment except for long term disability insurance which shall be effective upon
the first day of the month following completion of one (1 ) year's 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, $3000 for
employee's dependents.
(2) Health Benefits: $100 deductible per person per year except for
accidents which shall have none, but shall have almaximum benefit of
$500.00 for each accident; 80% payable for the firs;- $5000 of eligible
charges, except for hospital charges which are 1100% payable; 100%
thereafter up to one million dollars lifetime limit; professional fees
based upon U.C.R.; normal typical exclusions and limitations.
(3) Dental Benefits: No deductible and 100% of U.C.R. for prevention; no
deductible and 50% up to $1 ,500 per lifetime per person for orthodon-
tia; $25 deductible and 80% of U.C.R. up to $1 ,500 per person per year
for all other eligible charges.
(4) Long Term Disability: After three (3) months 60% of employee's salary
integrated with all other income benefits payable to; age 65.
(5) Vision Benefits: California Vision Service Plan A (or its equivalent)
for employees only, which provides for $25 deductible; an eye examina-
tion 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 progriam set forth above
by adding utilization review and by creating preferred provider) organization pro-
grams 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 prov'ider'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 silatus to retirement
and continues the group medical insurance without a break in 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
23
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the surviving spouse, if any, may continue the insurance ail their own expense
until becoming eligible for participation in any other group, insurance program.
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.
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 (Telm), 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 condi-
tions of employment, and agree that neither party shall be otihl i gated 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.
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 the
first day of July, 1989, 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 conclu-
sion 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 writingl and duly signed by
each.
23.4 Any provision of this Memorandum of Understanding which may be in con-
flict with any Federal or State law, regulation or executive order shall be sus-
pended and inoperative to the extent of and for the duration ofd 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 thirtyi (30) day's written
notice to the other, open negotiations on the subject of the affected provisions.
24
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IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as of the day and year first above written.
1
CITY OF REDDING LOCAL UNION 1245, IBEW
4.,,,i06 t
Robert M. Christoff/,on Jack McNally
City Manager .; Business Manager
/ •
r,
arles R. Reynolds / Howard Stiefer
Director of Labor Rel .tions President
(04ZA"------
.4..." . Almw.c......- `viol-7(4_, .
Franklin D. Ryan Jack Osburn
Operations Manager i Business Representative
Electric Department
mes G. :ristow J. Joseph Kro oiler
)), ../ygis-- , ..____ . ..... ,,,..._ y_L... ,,
/irector of Personnel Services Shop Steward
1
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. i 'r-R-1/f71(4.4,71
/ohn Trunnell
Shop Steward
II
25
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EXHIBIT "A"
SCHEDULE OF WAGE RATES
Effective October 4 , 1987
Step 5
Monthly
Hourly Pay Rate - Salary ;Step Equivalent
1 2 3 4i, 5
Equipment Service Worker $11 . 17 $111 .74 $2 ,043
Utility Worker $6 . 50* $7 .50* $8 . 50* 11 . 17 111 .74 2 ,043
Groundman 11 .74 112 .31 2 , 142
Line Tree Trimmer 12 .59 2 , 191
Warehouse Worker 11 .98 12 . 59 2 , 191
Line Equipment Operator 113 .57 2 ,361
Line Tree Trimmer Leadman 13 .57 2 ,361
Warehouse Leadman 13 .92 2 ,422
Mechanic !I14 .30 2 ,488
Electrician17 .80 3 ,097
Lineman 117 .80 3 ,097
Troubieman 18 . 15 3 , 158
Working Foreman - Line 19 . 13 3 ,329
*Full -time temporary employees only .
• •
EXHIBIT "'A"
SCHEDULE OF WAGE RATES II
Effective December 27 , 1987
Step 5
Monthly
Hourly Pay Rate - Salary Step Equivalent
1 2 3 4 5
Equipment Service Worker $11 . 17 $;11 . 74 $2 ,043
Utility Worker $6 . 50* $7 .50* $8 . 50* 11 . 17 11 . 74 2 ,043
Groundman 11 .74 12 .31 2 , 142
Line Tree Trimmer 12 .59 2 , 191
Warehouse Worker 11 .98 12 . 59 2 , 191
Line Equipment Operator 13 .57 2 ,361
Line Tree Trimmer Leadman 13 . 57 2 ,361
Mechanic14 .30 2 ,488
Warehouse Leadman 14 .42 2 , 509
Electrician 18 . 55 3 ,228
Lineman 18 . 55 3 ,228
Troubleman 18 .90 3 ,289
Working Foreman - Line ,19 .88 3 ,459
*Full -time temporary employees only .
• •
EXHIBIT "B"
JOB DEFINITIONS
The Job Definitions included herein are intended to be general guidelines re-
garding the duties to be performed by a particular classificati1on, 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.
Equipment Service Worker
An employee engaged in a variety of routine, semi-skilled maintenance and
repairs of tools, equipment, and vehicles. The employee may be required to
drive a truck or operate equipment in connection with the duties, and must
possess the appropriate State of California drivers license. The employee may
also be required to perform related clerical 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.
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 trOler of no more
than six thousand (6000) pounds. The employee shall be capablle 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 employeelmay be required
to drive a truck, other than a line 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.
Line Tree Trimmer
An employee who is engaged in performing all types of pruning and tree trim-
ming, 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, trac-
tor/loader, brush chipper, tractor/mower and portable power tools and to direct
the work of another lower paid employee engaged in unskilled work. The
1
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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 the appropriate State of California drivers license.
Warehouse Worker
An employee who is engaged, subordinate to the employee in charge, in perform-
ing duties relative to the purchasing, ordering, receiving, dispersing and sal-
vaging 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 divers license.
Line Equipment Operator
An employee engaged in driving, operating and routine maintenance of trucks and
other equipment such as backhoe, frontend 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 requiredljto 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.
Line Tree Trimmer Leadman
An employee who is a leadman in charge of not more than three (3) other employ-
ees 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
andpower pruning and cutting tools. 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. The employee shall ha‘le 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 capablie of performing
the duties with skill , efficiency, and safety.
Warehouse Leadman
An employee who is a working foreman and is in charge of stores, wherein a num-
ber 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 of Calillfornia drivers
license. The employee shall have the personal qualifications ofl' leadership and
supervisory ability and be familiar with the City's stores procedures,
accounting procedures, safety standards and other applicable rules and regula-
tions. The employee shall be capable of performing the duties with skill ,
efficiency, and safety.
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Mechanic
An employee who is a journeyman and is engaged in performing all types of tool ,
equipment, and automotive maintenance and repair work, including fabrication
and welding. The employee may be required to drive a truck and operate
equipment and must possess the appropriate State of California drivers license.
The employee may also be required to perform job related clerical work as
required. The employee's background of training and experience shall be such
as to qualify the employee to perform these duties with skill , safety, and
efficiency.
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 sha'Il 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.
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.
Troubleman
An employee who has the craft qualifications of a Lineman and performs alone
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 dutlies with skill ,
efficiency, tact, diplomacy, and safety.
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
3
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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, account1ing 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 tour (4) other employees the employee's wage rate shall be
increased by five percent (5%).
4
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EXHIBIT "C"
LINES OF PROGRESSION
NEXT LOWER
CLASSIFICATION CLASSIFICATION SAME OR HIGHER CLASSIFICATIONS
EQUIPMENT SERVICE
WORKER Utility Worker
Groundman
Mechanic
UTILITY WORKER Equipment Service; Worker
Groundman
Line Tree Trimmer'
Line Equipment Operator
Line Tree Trimmer1 Leadman
Mechanic
GROUNDMAN Utility Worker Line Equipment Operator
Equipment Service Worker Lineman
Troubleman
Working Foreman 7 Line
LINE TREE TRIMMER Line Tree Trimmer Leadman
WAREHOUSE WORKER Warehouse Leadman
LINE EQUIPMENT Groundman Lineman
OPERATOR Troubleman j.
Working Foreman 7 Line
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1110 '
NEXT LOWER
CLASSIFICATION CLASSIFICATION SAME OR HIGHER CLASSIFICATIONS
LINE TREE TRIMMER Line Tree Trimmer
LEADMAN
WAREHOUSE
LEADMAN Warehouse Worker
MECHANIC Equipment Service Worker
ELECTRICIAN
LINEMAN Troubleman
Working Foreman - Line
TROUBLEMAN Lineman Working Foreman Line
WORKING FOREMAN - Lineman
LINE Troubleman
ill
2