HomeMy WebLinkAboutReso 2023-080 - Adopting the MOU and Salary Exhibits between the COR and the UPEC Calif Local 792 Tech Employees Unit Effective Aug. 16,2023RESOLUTION NO. 2023-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ADOPTING THE MEMORANDUM OF UNDERSTANDING AND
SALARY EXHIBITS BETWEEN THE CITY OF REDDING AND THE
UNITED PUBLIC EMPLOYEES OF CALIFORNIA LOCAL 792
TECHNICAL EMPLOYEES UNIT, EFFECTIVE AUGUST 16, 2023
WHEREAS, the United Public Employees of California (UPEC) Local 792 Technical Employees
Unit has been formally recognized as the majority representative of an appropriate unit of
employees, as set forth in Section 1.1 of Article 1 of the Memorandum of Understanding; and
WHEREAS, the designated representatives of the City of Redding engaged in good faith
bargaining regarding terms and conditions of employment with the designated representatives of
UPEC Local 792, Technical Employees Unit, as required by the provisions of the Meyers-Milias-
Brown Act of 1968, resulting in the proposed Memorandum of Understanding and Salary Exhibits,
attached hereto; and
WHEREAS, staff recommends adoption of said Memorandum of Understanding and Salary
Exhibits; and
WHEREAS, the City Council deems it to be in the best interest of the City to adopt such
recommendation;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding
that the comprehensive Memorandum of Understanding governing the period of August 16, 2023,
and ending June 30, 2026, and accompanying Salary Exhibits are hereby adopted effective August
20, 2023.
BE IT FURTHER RESOLVED by the City Council of the City of Redding that the
comprehensive Memorandum of Understanding governing the period of August 16, 2023, and
ending June 30, 2026, supersedes the previous Memorandum of Understanding governing the
period of January 1, 2018, through June 30, 2024.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular
meeting of the City Council of the City of Redding on the 15th day August, 2023, by the following
vote:
AYES: COUNCIL MEMBERS: - Audette, Mezzano, Munns, Winter, and Dacquisto
NOES: COUNCIL MEMBERS: - None
ABSENT: COUNCIL MEMBERS: - None
ABSTAIN: COUNCIL MEMBERS: - None
ATTEST:
HARLENE TIPTON, City Clerk
MICHAEL DACQUISTO, Mayor
FORM APPROVED:
R E. DeWAL , City Attorney
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF REDDING
AND THE
UNITED PUBLIC EMPLOYEES OF CALIFORNIA
LOCAL 792
TECHNICAL EMPLOYEES UNIT
August 16, 2023 mar -y ' 2018
Through
June 20, 2026 june
TABLE OF CONTENTS
SECTION 1: UNION RECOGNITION & SECURITY................................................................................................1
SECTION 2: EXCLUSIVE CITY RIGHTS....................................................................................................................3
SECTION 3: NO DISCRIMINATION...........................................................................................................................3
SECTION 4: PEACEFUL PERFORMANCE - NO STRIKE CLAUSE......................................................................4
SECTION S: EMPLOYEE STATUS..............................................................................................................................4
SECTION 6: COMPENSATION & CLASSIFICATION.............................................................................................5
SECTION 7: HOURS & OVERTIME...........................................................................................................................7
SECTION 8: SICK LEAVE.............................................................................................................................................9
SECTION9: VACATIONS..........................................................................................................................................10
SECTION10: HOLIDAYS..........................................................................................................................................12
SECTION 11: ADMINISTRATIVE LEAVE.............................................................................................................14
SECTION 12: BEREAVEMENT LEAVE..................................................................................................................14
SECTION 13: JURY/WITNESS DUTY....................................................................................................................15
SECTION 14: LEAVES OF ABSENCE......................................................................................................................15
SECTION 15: INDUSTRIAL DISABILITY.............................................................................................................17
SECTION 16 REIMBURSEMENT OF EXPENSES................................................................................................18
SECTION 17: EMPLOYEE GROUP HEALTH & WELFARE INSURANCE BENEFITS..................................18
SECTION 18: RETIREMENT PROGRAM..............................................................................................................22
SECTION 19: CONTINUING EDUCATION............................................................................................................23
SECTION 20: GRIEVANCE PROCEDURE..............................................................................................................23
SECTION 21: DISCIPLINARY APPEAL.................................................................................................................25
SECTION 22: SENIORITY........................................................................................................................................26
SECTION 2423: PROMOTION & TRANSFER...................................................................................................... 27
SECTION 2,324: DEMOTION AND LAYOFF......................................................................................................... 27
SECTION 2-425: SEVERABILITY OF PROVISIONS............................................................................................ 28
SECTION 2,526: FULL UNDERSTANDING, MODIFICATION, WAIVER........................................................ 28
SECTION 2-627: DURATION.................................................................................................................................... 28
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this first day
of April, 2014, 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 792 of UNITED PUBLIC EMPLOYEES OF CALIFORNIA, (the exclusively
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), for employees occupying permanent positions
in the Technical Employees Unit, hereinafter referred to as Union.
SECTION 1
UNION RECOGNITION AND UNION SECURITY
1.1 Recognition and Union Rights
The City recognizes the Union as the "Exclusive Representative" of all of the employees in 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 shall apply to those
employees of the City of Redding for whom Local Union 792 is the established exclusive
representative.
1.2 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 advance notice and agreement of Management.
1.3 The City will provide the Union adequate bulletin board space for the purpose of posting
thereon matters relating to official Union business including at Viking Way (Building 2).
1.4 The City will not interfere with, intimidate, restrain, coerce or discriminate against any
employee on the basis of the employee's membership in Union or the employee's activity on
behalf of Union.
1.5 Any employee, at the employee's request, shall be permitted representation by a Union
representative. The foregoing shall apply to reprimands, disciplinary actions, investigations,
and hearings, providing there is no unreasonable delay in obtaining representation.
1.6 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.
UPEC MOU Page 1
1.7 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 not related to the City of
Redding Union recognition, 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°/x) of the
employee's regular wage rate.
1.8 Dues Deduction and Union Security
The City shall deduct from their wages the regular membership dues of employees who are
members of the Union 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.
1.9 Deductions shall be made from each payroll period and a check for the total deductions shall
be submitted monthly to the Business Manager of Local Union 792, UPEC, 1800 Park Marina
Drive, California 96001 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
the UPEC 792 Business Manager. 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 transmittal
and the reasons therefor.
1.10 The Union shall notify the City of any employee who has given the Union written
authorization for deduction of any Union dues or fees. The Union certifies that it shall collect
and will maintain records of individual employee authorizations for deductions of said dues
or fees. The Union agrees to notify the City of any changes in employee authorizations to
deduct Union dues or fees. The City shall rely on the Union's certification of any dues and
frees authorized by an employee and will not require the Union to provide a copy of the
employee's authorization unless a dispute arises about the existence of terms of the
authorization. Any inquiries b employees regarding Union dues or fees should be directed to
the Union.The dues deduetion authorization f6mn shall be appfeved by both the City and the
Union.
1.11 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.
1.12 Indemnity and Refund — Within thirty (30) days of the execution of this Memorandum of
Understanding, the Union shall file with the City an Indemnity Statement wherein the Union
shall indemnify, defend and hold the City harmless against any claim made and against any
suit initiated against the City on account of check off Union dues or premiums for benefits.
In addition, the Union shall refund to the City any amounts paid to it in error upon presentation
of supporting evidence.
1.13 The City will provide UPEC mandatory access to all new employee orientations of
classifications it represents. The City will provide UPEC ten (10) calendar days advance
notice of orientations to enable an exclusive representative of UPEC access of up to thirty (30)
minutes, at the end of the orientation process, to present Union membership information. This
notice will include the time, date and location of the orientation.
UPEC MOU Page 2
1.14 UPEC agrees to provide Personnel a list of representatives or shop stewards that UPEC will
utilize for the new hire orientations throughout the year. Once the City notifies UPEC of the
new employee orientation, UPEC will identify the representative or steward will attend and
notify the City five (5) calendar days advance notice of orientations. The City will prepare a
work release request for the steward at the Union's expense, if applicable.
1.15 The City will provide UPEC a digital file via email to the email address designated by UPEC
containing the following information within thirty (30) days of hiring an UPEC represented
employee: the name, job title, department, work location, work, home, and personal cellular
telephone numbers, personal email addresses on file with the employer, and the home address
of the new hire. The City will provide UPEC with a list of all information for all employees
in the bargaining unit every 120 days. Employees transferring from another bargaining unit
are not considered new hires per AB 119 and will not be part of the thirty (30) day report,
however, their information will be captured in the 120 day report. The City will forward dues
forms to UPEC as soon as they are completed by the employee.
1.16 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 membership dues shall be suspended for the duration of such
period if the individual is working for City in a job classification not covered by this
Memorandum of Understanding.
SECTION 2
EXCLUSIVE CITY RIGHTS
2.1 The City, through its department heads, retains solely and exclusively, all the rights, powers
and authority exercised or held prior to the execution of this Memorandum of Understanding
and the right to take action on all issues which are outside of the scope of bargaining, including
its exclusive rights and authority under Federal law, State law, or the Redding Municipal
Code. Without limiting the generality of the foregoing, the rights, powers and authority
retained solely and exclusively by the City and not abridged herein, include, but are not limited
to, the following:
To manage and direct its business and personnel; to manage, control and determine the
mission of its departments, building facilities and operations; to create, change, combine or
abolish job classifications, departments and facilities in whole or in part; to privately contract
or discontinue work for economic or operational reasons; to direct the work force; to increase
or decrease the work force (through layoff), and determine the number of employees
needed; to create and maintain work standards, schedules of operation and reasonable work
load; to hire, promote, demote, transfer, suspend and discipline or discharge employees for
just cause; to implement a mandatory furlough program during a fiscal emergency; to specify
or assign work requirements consistent with classification specifications and require overtime;
to schedule working hours and shifts; to adopt rules of conduct and penalties for violation
thereof; to determine the type and scope of work to be performed and the services to be
provided; to establish new classifications; to determine the methods, processes, means, and
places of providing services and to take whatever action necessary to prepare for and operate
in an emergency. Exercise of City rights shall be subject to the terms of this Agreement.
UPEC MOU Page 3
SECTION 3
NO DISCRIMINATION
3.1 The City and the Union agree that there shall be no discrimination of any kind because of race,
color, sex, sexual orientation, citizenship status, marital status, ethnicity, age (for people 40
and older), religion, gender identity, gender expression, genetic information, national origin
and ancestry, political affiliation, creed, military or veteran status, physical disability, mental
disability, medical condition, political affiliation, or legitimate Union activity against any
employee or applicant for employment, or any other characteristic protected by state or federal
law.
SECTION 4
PEACEFUL PERFORMANCE - NO STRIKE CLAUSE
4.1 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. The 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 the City during regular work hours or on an overtime
basis shall be subject to disciplinary action up to and including discharge from employment.
SECTION 5
EMPLOYEE STATUS
5.1 A Regular employee (status code 3) 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, group
health and welfare insurance coverage and other benefits as outlined herein as the employee
becomes eligible.
5.2 A Temporary employee (status code 9) is defined as an employee hired for temporary,
occasional or seasonal work for a period not to exceed 1,000 hours in a fiscal year. A status 9
employee works on-call, seasonal, intermittent or on an irregular schedule limited to less than
one thousand (1,000) hours per fiscal year. A Temporary employee shall receive not less than
the minimum rate for the job, and will be eligible for sick leave pay, per California law, but
shall not be eligible for holiday pay, vacation pay, or other items as outlined in this document,
nor shall the employee be eligible for retirement plan participation, nor shall the employee
accrue seniority, or promotion and transfer rights, or leave of absence rights. If a Temporary
employee moves to another status, the employee shall not be credited with the employee's
service as a Temporary employee in determining eligibility for benefits.
5.3 A Part -Time employee is defined as an employee hired to work less than a full-time employee.
A Part -Time employee will be limited to less than 1,000 hours per fiscal year unless approved
by the Personnel Director. A Part -Time employee shall receive not less than the minimum rate
for the job, and will be eligible for sick leave pay per California law, but shall not be eligible
for holiday pay, and other benefits. The employee may be eligible for participation in the
UPEC MOU Page 4
retirement plan pursuant to the City's contract with PERS. After completion of twenty-four
(24) months of continuous service, the employee will be entitled to vacation pay on the same
basis as Regular employees. If a Part -Time employee is reclassified to Regular status, the
employee shall be credited with the employee's service as a Part -Time employee in
determining eligibility for benefits, if any, as may accrue to the employee in the employee's
new status.
5.4 Probationary Periods: Regular and Part -Time employees shall serve a probationary period
of one (1) year upon initial appointment to each status. Such probationary period is considered
to be a continuation of the selection process and employees may be terminated from
employment or demoted at any time without recourse, pursuant to the grievance procedure.
The probationary period will start over for any employee who transfers to another position
during the probationary period. The probationary period may be extended at the City's sole
discretion in circumstances where further evaluation of the employee is necessary. Employees
serving their initial probationary period shall not be eligible for leave of absence or
supplemental benefits for industrial injury. Temporary employees do not serve a probationary
period, as the appointment is temporary by definition and can be terminated at any time.
5.5 Re-employment: With the recommendation of a Department Director and approval of the
Personnel Director, a past employee who both passed the probationary period and resigned in
good standing may be re-employed within two years of the effective date of resignation, to a
vacant position in the same classification. Such re-employment shall, for all purposes, be
considered as though it were an original appointment. The reinstated employee shall serve a
new probationary period.
SECTION 6
COMPENSATION AND CLASSIFICATIONS
6.1 Employees shall be paid the salary or wage rate established for their classification. Exhibit
"A" of this Agreement lists the pay ranges and salary rates associated with each classification
which includes equity increases for specific classifications effective August 20, 2023, August
18, 2024, and August 17, 2025. july, 14, 201 9. Additional!),, „n ells. fie ,tions will ..o
0 nereaseinet"Apereefit0
0
pefeent (2.0-03,6) inerease off etive june 25 2023 Upon initial appointment to a classification,
an employee shall normally be paid the lowest compensation rate for that classification. An
employee may, however, be paid a rate above the lowest rate if circumstances justify it. When
an employee is appointed to a higher paid classification which has a compensation range
overlapping the range of the employee's previous classification, the employee shall be paid at
the rate of the classification to which the employee is being appointed, which is at least five
percent (5%) more than the employee's present rate, but not more than the top rate of the
classification to which the employee is appointed. Step increases require an overall
performance evaluation rating of "meets job standards" or higher, at each and every successive
pay step, Department Director and Personnel Director approval and may be granted after
twenty-six (26) full pay periods of employment in each step of the established pay range. A
full pay period as used herein 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. A promotion to a higher paid
classification does not change the anniversary date for compensation increases. The
anniversary date is the employee's date of hire.
UPEC MOU Page S
6.2 Compensation shall be paid at bi-weekly intervals on Thursdays for a pay period ending no
earlier than the preceding Saturday. If a payday falls on a fixed holiday, payments shall be
made on the preceding workday. All employees hired after January 1, 2005, must make
arrangements to have their pay deposited to a bank account via electronic transfer.
6.3 When an employee is temporarily assigned to work in a lower -paid classification than the
employee's normal classification, the employee's compensation will not be reduced.
6.4 Whenever a Regular employee is assigned by the City to replace an absent employee in a
higher -paid classification and the employee performs a substantial majority (greater than fifty
percent [50%]) of the absent employee's duties for a full work day, such employee shall have
their compensation increased by at least five percent (5%), but not to exceed the range of the
higher classification. Department Director approval is required.
6.5 When an employee is assigned to fill a vacant position or replace an absent employee in a
higher -paid classification and performs a substantial majority (greater than fifty percent [50%]
of the duties of the higher classification for a period that extends beyond one full pay
period, such employee shall be temporarily reclassified to the higher position. The employee's
compensation shall be increased by at least five percent (5%), but not to exceed the top of the
range established for that classification. Department Director and Personnel Director
approvals are required.
6.6 In addition to regular compensation, shift differential pay shall be added to the regular base
rate of pay for all regular scheduled hours worked when a regular work shift represents one-
half (1/2) or more of the following time period:
`TIME PERIOD
e
PAY PERCENTAGE
_ ..w. -�
Between 11:00 p.m. and 7:00 a.m.
435%
6.7 The City reserves the right to propose compensation increases during the term of this
agreement for recruitment, retention and operational issues. rtea -ing the to -ni of this
agreement, the City and the Unian agree to meet and eanfer- evef medifieatifflis tE)
stttd�
.��rr����!�reeeres�rex�rs�!�!frssrrer��r�s�ss�!�sse��fns�ee�rss:�ss:�ss
11.91111 IN
IN �M_11_
MMMIN
UPEC MOU Page 6
6.8 Whenever an Electric Utilitv Svstem Operator -Transmission & Distribution is assiened b
the Senior System Operator to conduct, monitor and prepare written documentation of the
daily training and progress of a probationary Transmission & Distribution Operator, the
employee shall receive five percent (5%) over base pay for the actual time spent performing
this specific function.The r ity and the Union agfee to meet and discuss the eateet
pfegression of Eleetfie Utility Analyst and Safety & Envir-onmental Ceer-dinatef within 60
days „Frye N40 i implementation.
SECTION 7
HOURS AND OVERTIME
7.1 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.
7.2 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through
Saturday, and except as otherwise provided, a basic workweek is normally defined to consist
of five (5) consecutive workdays of eight (8) hours each. The basic workweek may begin on
any day of the week and at any hour of the day during the workweek. System Operators may
be assigned any hour and/or days of work. The basic workweek or work shift may be modified
by mutual agreement of the City and the affected employee(s) in those situations where such
a modification serves the interests of both the City and its employees.
7.3 Notwithstanding the provisions of 7.1 and 7.2, employees 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)
week duration.
7.4 Notwithstanding the provisions of 7.1 and 7.2, System Operators may be assigned to work a
rotating shift schedule. This regular schedule may from time to time be modified with no less
than seven (7) calendar days notice. The above minimum notice requirements may be waived
with mutual agreement between the employee and management.
7.5 Notwithstanding the provisions of 7.3, a System Operator's regular schedule may contain a 42
hour relief training (RT) week. The typical RT weekday schedule will be daytime shifts on
Monday, Tuesday, Wednesday and Thursday. The work hours start and/or stop times may be
adjusted with no minimum notice required. With as much notice as possible, but no less than
42 hours, the RT schedule may be adjusted to work a Friday shift during the relief week. The
above minimum notice requirements may be waived with mutual agreement between the
employee and management.
7.6 Except as otherwise provided in this section, overtime for non-exempt employees is defined
as:
UPEC MOU Page 7
Time worked in excess of forty (40) hours in a workweek.
-, Time worked in excess of eight (8), nine (9), ten (10), eleven (11) or twelve
12 hours as applicable on a scheduled workday.
C Time worked on a non -workday or on a holiday.
:11'77V Time worked outside of regular hours on a workday.
it- Idi� r �i! iiiap .
ROM-IMME AND TEMPORARY EMPLOYEES IS DAV IF; VW
EFINED AS:
A Time worked in excess of for 40 hours in a workweek.
7.7 Overtime shall be computed to the nearest one-quarter (1/4) hours.
7.8 In cases where the basic workweek or work shift has been modified by mutual agreement,
these overtime requirements may be waived pursuant to applicable law.
7.9 For those employees working rotating shift work whose work schedule includes up to forty-
nine (49) regularly scheduled hours in a week, paid time off will count toward the calculation
of overtime.
7.10 Overtime wages shall be paid to non-exempt employees at a rate equivalent to one and one-
half (1%) times the regular base rate of pay, or at the employee's option, and with City
approval, the employee may elect to receive time off with pay at the rate of one and one-half
hours off for each overtime hour worked. Except for non-exempt classifications assigned to
Redding Power Plant, compensatory time off with pay shall be scheduled in the same manner
as vacations are normally scheduled. Compensatory time off with pay for the Electric Utility
Assistant System Operator, System Operator, and Senior System Operator [distribution and
power] classifications shall be approved and scheduled in the same manner as secondary
vacations. To the extent scheduling of compensatory time becomes a problem for the City or
Union, the parties agree to meet and confer on the effects of such scheduling problems.
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. The working of overtime
requires City management approval.
7.11 Exempt employees shall not receive any compensation for overtime work.
7.12 Exempt employees, who as a result of their exempt status are not eligible for overtime pay or
compensatory time off, will not have their leave balances (vacation, sick leave, etc.) reduced
for absences of less than four (4) hours. Department Director or designee approval is required.
7.13 If an employee performs overtime work immediately following the end of the employee's
regular shift, the employee shall be paid overtime compensation only for the actual time
worked. Employees who are entitled to overtime pay and 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, but in no
event for less than two (2) hours compensation each time an employee is required to report
back to work, except however, that employees shall not be paid more than time and one-half
the regular rate of pay for any given time period. If an employee reports back to work for
such work outside of the employee's regular hours on a workday and continues to work into
the employee's regular hours, the employee shall be paid overtime compensation only for the
actual time worked outside of the regular hours.
UPEC MOU Page 8
(a) For the System Operator Series:
If an employee has worked more than 4 hours at the overtime rate during the twelve (12)
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.
If the eight (8) hour rest period in whole or part overlaps the employee's regular work
hours, the employee will receive pay at the straight rate for the extent of the overlap.
An employee entitled to a rest period may 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 of duty for at least eight (8) consecutive hours.
7.14 For those System Operators who work on a rotating shift 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.
7.15 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.
SECTION 8
SICK LEAVE
8.1 Sick leave with pay shall be accumulated for each Regular and Part -Time Regular employee
at the rate of forty-six thousandths (.046) of an hour for each regular hour worked, or on paid
leave. (Accrual rate approximately one [ 1 ] day per month.)
Temporary employees (Status 9) will accrue paid sick leave at a rate of one hour for every 30
hours worked which is equivalent to a rate of .033 per hour worked. Temporary employees
(Status 9) will be eligible to use the sick leave accrual on the 901h day of employment, and will
be limited to 24 hours or three days of paid sick leave in each year of employment per
California state law.
8.2 Paid sick leave shall be allowed for a non -work related absence due to:
A
The inability of an employee to be present or perform duties because of personal illness, off-
duty injury, or confinement for medical treatment.
B
The ability to attend personal medical or dental appointments, which are impractical to
,
schedule outside of regular working hours.
C "�,
The need to be present during childbirth, surgery, critical illness or injury involving members
of the immediate family for up to forty (40) hours per incident.
D
For family sick leave up to forty-eight (48) hours per calendar year for members of the
t
immediate family.
UPEC MOU Page 9
"Immediate family" as used herein includes only the employee's spouse, domestic partner,
children, grandchildren, brothers, sisters, parents or grandparents of spouse or employee, or
other dependent persons who are living in the employee's immediate household. The
relationships included herein shall apply whether by blood or marriage. Sick leave to include
mental or physical illness.
8.3 The City may require an employee requesting to return to work after sick leave or leave of
absence for medical reasons to submit to a medical examination at City expense by a physician
or physicians approved by City for the purpose of determining that such employee is fit and
able to perform the duties of the employee's former position without hazard to the employee,
fellow employees, or the employee's own permanent health.
8.4 If an employee is off on sick leave on a fixed holiday, the holiday credit will be used.
However, if an employee is off on sick leave on a floating holiday, sick leave balances will
be used and the holiday credit will be deferred.
8.5 In the event an employee exhausts all paid leave as a result of an illness or injury, and subject
to the approval of the employee's Department Director and the Personnel Director, such
employee may be advanced sick leave from his or her future accruals up to eighty (80) hours.
Once the employee returns to duty, sick leave accrual hours will be applied to the negative
sick leave account until it is zero. Should the employee terminate City employment with a
negative sick leave balance, appropriate adjustments will be made to final paid leave cash pay-
outs or other City monies owed the employee. If insufficient funds are due to 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%).
8.6 Any employee who after ten (10) years but less than fifteen (15) 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 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%).
Upon retirement, any sick leave pay out the employee is eligible to receive will be transferred
into the VantageCare Retirement Health Savings Plan on a pre-tax basis. The sick leave pay
out amount will be calculated using the percentage levels described in the paragraph above.
However, if the sick leave payout is less than $5,000, then the employee is not entitled to
participate in the VantageCare Retirement Health Savings Plan and shall receive a cash pay
out as described in the paragraph above. Any sick leave amount remaining will be used as
service credit toward the employee's retirement benefit through CalPERS, pursuant to the
contract between the City of Redding and CalPERS.
UPEC MOU Page 10
SECTION 9
VACATIONS
9.1 Regular employees shall accrue vacations, based on the length of their continuous service
measured from their date of employment, with pay up to a maximum of 500 hours, for each
regular hour worked, or on paid leave as detailed in the table below. Employees, including
those employees working rotating shift schedules, 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:
ACCKUAL
} t
ii rz
G 4 I
RATE P
ER
=� k a v
THROUGH
ail
1
APPROXIMATE
riYEARS OF�
HOUR�'„
x FRAOM
i'PAY PERIO D
A''CCRUAL�RATE
yI
�r
..�.
,
ISE
.039
Date of Employment
104"
2 weeks
1-4
.058
105`h
234`h
3 weeks
After 4
068
235`'
364t'
3 `/2 weeks
After 9
D;
.077
365`h
494`h
4 weeks
After 14
E
.087
4951"
624`h
4 '/2 weeks
After 19
F ,
.096
625`h
--
5 weeks
After 24
9.2 A full pay period as used herein 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.
9.3 In the event of departmental cancellation of a previously approved scheduled vacation that
utilizes accrued leave time or if an employee is off on a paid leave of absence due to industrial
injury where such employee would exceed the maximum vacation accrual, the accumulation
of vacation hours may exceed the established vacation maximum. In the event of an absence
due to an illness or injury that is not job related, the Personnel Director may approve the
accumulation of vacation hours in excess of the established vacation maximum. The City
Manager may also approve the accumulation of vacation hours in excess of the stated
maximum for other extenuating circumstances. Whenever such excess accruals occur, the
employee shall have one year from the date the vacation was canceled or from the date the
employee returns to work from illness or injury to utilize the excess accrual.
9.4 It is City policy that employees take their normal scheduled vacation each year at such time
or times as may be approved by their Department. The City will only cancel approved
scheduled vacations for unexpected business reasons when reasonable alternatives are not
available. The cancellation provision only applies to approved scheduled vacation that utilizes
accrued leave time.
9.5 Vacation cannot be accrued while an employee is in a non -pay status.
9.6 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 his/her 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. Notwithstanding the
UPEC MOU Page 11
foregoing, due to the twenty-four hour/seven day (24/7) work shift for System Operators,
System Operators may use their seniority preference for no more than twenty-one (21)
consecutive calendar days off (inclusive of their normally scheduled time off).
9.7 The City shall not require an employee to take vacation in lieu of sick leave or leave of absence
on account of illness.
9.8 If an employee is off duty on vacation on a fixed holiday, the paid holiday will be used. If an
employee is off on vacation on a floating holiday, vacation balances will be used and the paid
holiday will be deferred.
9.9 Employees whose employment with the City is terminated for any reason shall, at the time of
separation, receive pay for any unused vacation hours previously earned.
9.10 The City will, at the employee's option, compensate employees for accumulated vacation
during any fiscal year as follows:
MINIMUM ACCRUyi�PMAXIMUM HOURS rPAYABLE iii Nr i`
120 40
240 80
360 120
9.11 Employees may contribute their earned vacation hours to an employee approved for the
vacation donation program. Vacation is donated and granted on the basis of the dollar value
of the donor's base pay rate.
SECTION 10
HOLIDAYS
10.1 Regular employees, except as otherwise provided herein, shall be entitled to have the
following holiday time off with pay:
UPEC MOU Page 12
DESCRIPTION OF HOLIDAY:m 'Q
-FnedFloatin
F
1
January 1 sr
X
" 2
..:.
The third Monday in January, known as Martin Luther King, Jr.
Da
X
"3 a
Lincoln Day
X
The third Monday in February, known as President's Day
X
The last Monday in May, known as Memorial Day
X
6 _
June 19`x', known as Juneteenth
X
67y
Jul 4'
X
The first Monday in September, known as Labor Day
X
89 =
Employee's Birthday
X
'10
November 11th, known as Veteran's Day
X
,11 _
Thanksgiving
X
X121"
Friday after Thanksgiving
X
13
The last half of the normal work shift before Christmas
X
December 251h
X
UPEC MOU Page 12
10.2 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 falls 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.
10.3 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. Floating holidays shall be scheduled by
employees and the employee's supervisor in the same manner as vacations are normally
scheduled. When an employee is required to work on a floating holiday the employee shall
receive pay at the straight time rate.
10.4 Notwithstanding the foregoing, employees regularly assigned to work twelve (12) hour shifts
shall not be entitled to observe the following holidays; Lincoln Day, Columbus Dayhuneteenth
(June 19th), Veterans Day nor the employee's birthday.
10.5 Senior System Operators will observe the following holidays based on work schedule:
=y DESCRIPTION OFi�HOLIDAY ,,ii
�.
9
hour
10
hour hour
_
1 a
January 1 sr
X
XX
e third Monday in January, known as Martin Luther King, Jr.
X
X
X
Da
3
Lincoln Day
X
X
X
The third Monday in February, known as President's Day
X
X
X
,',5-,
The last Monda,, icy, known as Memorial Day
X
X
X
6
June 19`'', known as Juneteenth
X
X
„763
Jul",
X
X
X
8=
First Monday in n September, known as Labor Day
X
X
X
98
Employee's Birthday
'n as C-01tiffibu
10`
November 11th, known as Veteran's Day
X
1 !
Thanks ivin
X
X
X
;312 _
Friday after Thanksgivipg Thanksgiving
X
X
X
13 -_
The last half of the normal work shift before Christmas
X
X
X
;14
December 25`x'
X
X
X
Total Holidays
12.5
11.5
10.5
The holidays denoted in bold for the Electric Utility Senior System Operator will be
considered floating holidays in accordance with MOU Section 10.1, and the employee will
UPEC MOU Page 13
receive straight time pay for time worked on the floating holiday as outlined in Section 10.3.
The Senior System Operator will not be entitled to observe the employee's birthday.
10.6 Employees assigned to rotating shift work and the Senior System Operator are excluded from
requirements related to the alternate work schedule. The following applies to all other UPEC
members:
Employees who work an alternative work schedule commonly known as 9/80's will be
entitled to paid holiday for eight (8) hours, as applicable. If a holiday falls on a usual nine -
hour working day, one hour of vacation accrual, compensatory time or deferred holiday
accrual will be charged to make up the shortfall of the eight-hour holiday versus the nine hours
of missed work. If the employee has no vacation time, one extra hour at straight time must be
worked during that pay period. Employees will be required to revert back to a normal eight-
hour workday during double holiday pay periods (Thanksgiving and Christmas).
Employees assigned to work ten (10), or eleven (11) hour shifts shall revert back to a normal
eight-hour workday during the weeks in which holidays occur.
10.7 Employees may be scheduled to work on fixed holidays, in which event an employee will, in
addition to holiday pay, be compensated at the overtime rate of pay for all time worked on
such days. An employee may, however, elect to observe that holiday at another time, to be
scheduled in the same manner as vacation days are normally scheduled. In which event, the
employee will only be compensated for time worked on that day at the overtime rate of pay
and shall not receive holiday pay.
An employee must be in a paid status on both workdays immediately adjacent to the holiday
in order to receive overtime pay for the holiday.
SECTION 11
ADMINISTRATIVE LEAVE
11.1 Exempt employees may be eligible for paid time off per calendar year as indicated below:
11.2 Administrative leave is granted on the payroll period closest to January 1 and must be used
by the end of the calendar year or it is forfeited without compensation. No Administrative
Leave shall be carried over to the next calendar year, nor shall unused Administrative Leave
be converted to compensation.
11.3 Employees are to schedule administrative leave in the same manner as vacation with the
approval of their Supervisor.
11.4 Employees appointed to an exempt position after the first of the year may be granted leave on
a prorated basis. Administrative Leave balances may be adjusted when employees separate
employment prior to the end of the calendar year.
UPEC MOU Page 14
ADMINISTRATIVE LEAVE
WITH`DEPARTMENT
WITH CITY MANAGER
MAY BE GRANTED T,O ° .
.w0 i, Im
DIRECTOR APPROVAL: 'i
5a'(.
;; APPROVAL
-
= .
_
- —
Exempt employees:
Up to 40 Hours
Up to 80 Hours
11.2 Administrative leave is granted on the payroll period closest to January 1 and must be used
by the end of the calendar year or it is forfeited without compensation. No Administrative
Leave shall be carried over to the next calendar year, nor shall unused Administrative Leave
be converted to compensation.
11.3 Employees are to schedule administrative leave in the same manner as vacation with the
approval of their Supervisor.
11.4 Employees appointed to an exempt position after the first of the year may be granted leave on
a prorated basis. Administrative Leave balances may be adjusted when employees separate
employment prior to the end of the calendar year.
UPEC MOU Page 14
11.5 Administrative leave may not be taken for the purpose of outside employment or self
employment.
SECTION 12
BEREAVEMENT LEAVE
12.1 Regular 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 per ineide„t, or up to five
(5) total work days in accordance with Government Code section 12945.7. Employees who
have exhausted their allowance of paid leave as provided in this section may request to utilize
sick leave, vacation or compensatory time off or unpaid leave if the employee wants to take
additional time off up to the five (5) total work days of leave provided. Such bereavement
leave for immediate family as provided in this section need not be taken in consecutive days,
but must be used up within three (3) months of the date of the death of the immediate family
member. Subject to the approval of the Department Director, an employee may request to
take bereavement leave pursuant to this section beyond three (3) months of the date of the
death of the immediate family member.
12.2 "Immediate family" as used herein includes only employee's spouse or registered domestic
ap rtner; children, grandchildren, brothers, sisters, parents, or grandparents of either employee
or spouse/registered domestic partner; or other persons who are living in the employee's
immediate household or as otherwise provided by law. The relationships included herein shall
apply whether by blood or marriage.
12.3 Regular 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 per
incident. A maximum of twenty-four (24) hours may be utilized for this type of leave in a
calendar year.
12.4 An employee must be in a paid status on both scheduled workdays immediately adjacent to
funeral leave in order to receive pay for such leave.
SECTION 13
JURY/WITNESS DUTY
13.1 A Regular employee who is summoned for jury duty and thus absent from the work place will
be paid for the time lost at the employee's regular rate of pay.
13.2 Whenever any employee is subpoenaed to testify in court as a result of the employee's
employment and the employee is not an opposing party to the City, the employee shall be paid
for all regular time lost. Employees subpoenaed by the Court for matters unrelated to City
business must utilize vacation or other appropriate leave balances.
13.3 An employee must be in a paid status on both scheduled workdays immediately adjacent to
the jury duty in order to receive pay for such leave.
UPEC MOU Page 15
SECTION 14
LEAVES OF ABSENCE
14.1 A leave of absence may be granted to employees by the City Manager for urgent and
substantial reasons, up to a maximum of one year, providing satisfactory arrangements can be
made to perform the employee's duties without undue interference with the normal routine of
work. Employees in an initial probationary period, Part -Time or Temporary status, are not
eligible for leave of absence unless eligible pursuant to the Family Medical Leave Act or the
California Family Medical Leave Act.
(a) A leave 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.
(b) 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. An employee is required
to submit medical certifications as to the conditions necessitating the leave if the leave
is a result of exhaustion of sick leave. If the leave should exceed the initial request,
the employee is responsible for requesting additional time off and providing current
medical certifications and return to work dates. 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.
(c) An employee's status as a Regular employee will not be impaired by a leave of
absence.
(d) If an employee fails to return immediately on the expiration of the employee's leave
of absence or if the employee accepts other employment without prior City approval
while on leave, the employee will thereby forfeit the leave of absence and employment
with the City may be terminated.
(e) An employee on a leave of absence as provided herein shall not accrue vacation or
sick leave benefits nor maintain group health and welfare insurance coverage. An
employee may, if eligible, maintain group insurance coverage at the employee's
expense providing the full monthly premium is received by the City Treasurer 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 health insurance may be maintained for up to three (3)
calendar months on the normal premium -sharing formula, providing the employee
pays his/her employee's share of the premium on a timely basis.
UPEC MOU Page 16
14.4 Vacation Donation Program
(a) This program has been established to allow employees to donate accrued vacation hours
to eligible employees in need. The purpose of this program is to provide a means by which
the eligible employee may obtain authorized paid time off. Employees eligible for the
program must:
Be a Regular or Part -Time Regular employee already having completed an
initial probationary period;
Have a verifiable long-term illness or injury (non -work related). For this
program, long term is defined as no less than four (4) weeks in duration. It is
the employee's responsibility to complete and return a Request for Donation
form to the Personnel Department and attach to it a letter from a licensed
physician certifying that the employee has a long-term illness or disabling
injury of at least a four-week duration;
3. Not be eligible for long-term disability insurance benefits;
4. Have exhausted all accrued leaves, including advanced sick leave benefits,
resulting in the employee being in an unpaid status if on approved leave;
Have requested and exhausted a sick leave advance.
6. Have the concurrence of the Department Director and Personnel Director.
(b) Once an employee is determined eligible, a posting will be distributed and use of the
donated hours will start as soon as possible.
(c) When utilizing the donation program, recipients shall receive their normal regular rate
of pay, as if being on paid leave status. The benefit shall be payable on regularly
scheduled pay days. A minimum of twenty (20) hours per week must be utilized when
there are available balances. As with paid leave status, recipients shall continue to be
eligible to participate in the group health and welfare related benefits provided by the
City.
SECTION 15
INDUSTRIAL DISABILITY
15.1 A Regular employee, who has completed their initial probationary period, and who becomes
disabled as a result of a work-related injury or illness and is deemed eligible for benefits under
the Workers' Compensation and Insurance Chapters of the State Labor Code, shall receive
compensation at the rate of eighty-five percent (85%) of the employee's regular pay. This
payment shall be made in lieu of temporary disability payments, which would be paid under
the State Labor Code, for the period of disability not to exceed six (6) months. At the
conclusion of six (6) months of supplemental benefits at the eighty-five percent (85%) rate,
benefits are reduced to seventy percent (70%) of the employee's regular pay for an additional
six (6) month period. At any time the employee's injury/illness is determined to be permanent
and stationary or the employee is retired on a disability pension through Ca1PERS, eligibility
under this provision ceases.
UPEC MOU Page 17
In exchange for this benefit, the employee shall pay over to the City compensation received
as a result of the disability, whether from Workers' Compensation, State Disability Insurance
(SDI), employee group health and welfare insurance benefits or unemployment compensation
benefits. Privately secured insurance is excluded. The employee 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 the disability. In no event shall such payment from the employee to
the City from such sources exceed the amount of the supplemental benefits paid to the
employee by the City in accordance with the provisions of the above paragraph.
15.2 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, pursuant to
the City's Modified Duty Policy.
15.3 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 15.1 not already repaid from the other sources mentioned in 15.1 shall be
repaid to the City by the employee.
15.4 Vacation and sick leave shall accrue while an employee is absent from work and receiving the
supplemental benefits as set forth in 15.1. Regular and Part -Time Regular employees who are
not in a City -paid status and on leave receiving Workers' Compensation temporary disability
benefits, may, at their option, maintain their group health insurance coverage for up to a
maximum of a cumulative total of two (2) years, which includes the period in which the
employee is receiving supplemental disability benefits as set forth under 15.1, provided the
employee pays his or her normal share of the group health insurance program premium, if
any. Holidays which occur during the period for which an employee is receiving temporary
disability compensation shall not be recognized for compensation purposes.
SECTION 16
REIMBURSEMENT OF EXPENSES
16.1 To allow for a fair and equitable means of reimbursing expenses incurred while conducting
City business, i.e., traveling to authorized meetings, seminars, training sessions, luncheons
and other events approved by the Department Director, reimbursements will be at the rate
established within the Employment and Benefit Policies for Unrepresented Employees.
SECTION 17
EMPLOYEE GROUP HEALTH & WELFARE INSURANCE BENEFITS
17.1 Regular and Part -Time Regular employees are eligible to participate in the City's group health
and welfare insurance benefit program, which includes the medical, prescription, dental, vision,
life and long term disability insurance plans, effective the first day of employment. The City
shall pay the cost of the program for Regular employees and dependents as indicated below. If a
Part -Time Regular employee elects insurance coverage, premiums shall be shared by the City
and the employee on a pro -rated basis at the same ratio to full-time employee benefits as the
employee's work hours bear to full-time employees' work hours. The City and RTU agree to
reopen negotiations if any changes to the Affordable Care Act affect matters within the
scope of representation. Benefit highlights include:
UPEC MOU Page 18
(a) Life Insurance: Twice annual compensation. More specific benefit information is
provided in the carrier's booklet.
(b) Health Benefits: The City's contribution toward the monthly group health and welfare
insurance composite premium rate shall be eighty-fivet4rx percent (L540%) and the
employee will begin paying te-ffteen percent (J-815%) of the rate through a bi-weekly
payroll deduction. The ten percentemployee's co -share of premium will be
recalculated every January IS` to coincide with the renewal of the City's Group Health
Insurance Plan. The City has established a Section 125 Plan to redirect the portion of
the employee's salary to pay, on a pre-tax basis, the employee's contribution toward the
medical, prescription, dental and vision insurance composite premium rate.
The City will offer two health plans, a "Base Plan" and an optional "Buy Up Plan". All
eligible employees will be enrolled in the "Base Plan" and will have the option on a
voluntary basis to enroll in the "Buy Up Plan" initially, and during the open enrollment
period for each subsequent calendar year. Effeetive upaH mtifieatien of the en*.uet by
ems', -Eligible employees that fail to complete the annual open enrollment will
automatically be placed in the group health insurance plan they were enrolled in the
previous year. Changes will be effective at the beginning of the following calendar year.
Effective calendar Year 2024, 443e -the City's contribution toward the monthly group health
and welfare insurance composite premium rate for the "Base Plan" shall be n eighty
percent (9080%) and the employee will pay tepjrimy percent (1820%) of the premium
rate through a bi-weekly payroll deduction. Employees electing to enroll in the "Buy Up
Plan" will be responsible for premiums beyond the City's contribution of 9080% of the
"Base Plan" composite rate.
AllEff- ctive r.,n,.afy 1 2020 active employees will be able to select an optional high
deductible plan (medical and prescription only) as an additional lower cost option for
group health. The City will contribute a flat rate monthly amount, limited to the
amount of the City's contribution toward the "Base Plan", for the high deductible plan.
Retirees are not eligible for the high deductible plan. In an effort to minimize the impact
of annual composite premium increases and/or decreases for the employee, the rate
change will be limited to a maximum of twelve and one-half percent (12'/z%) per year
(or the actual percent increase in actual claim costs from the previous calendar year,
UPEC MOU Page 19
'01011
"1
.. _
AllEff- ctive r.,n,.afy 1 2020 active employees will be able to select an optional high
deductible plan (medical and prescription only) as an additional lower cost option for
group health. The City will contribute a flat rate monthly amount, limited to the
amount of the City's contribution toward the "Base Plan", for the high deductible plan.
Retirees are not eligible for the high deductible plan. In an effort to minimize the impact
of annual composite premium increases and/or decreases for the employee, the rate
change will be limited to a maximum of twelve and one-half percent (12'/z%) per year
(or the actual percent increase in actual claim costs from the previous calendar year,
UPEC MOU Page 19
whichever is lower). Toensure that the ninety pe ent to„ p ent (90,'411 0,%) ratio is -
maintained
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In the event the composite premium rate change is less than 12%%, the employee's
percent of the rate shall be the actual percent change unless costs from the year before
need to be made up. The rate change will be limited to a maximum of twelve and one-
half (12 %2%) of the "Base Plan" per year (or the actual percent increase in actual costs
from the previous calendar year, whichever is lower).
For specifics regarding the City's Group Health and Welfare Benefit Plan, refer to the
Benefit Summary Plan Description.
Employees with spousal coverage will be allowed to "opt out" of the City's group health
and welfare insurance coverage (cease paying their share of the premium). Employees
"opting out" of the City's group health benefits must provide proof of alternative health
care coverage on an annual basis during the open enrollment period.
(c) Prescription Benefits: Employee co -payments as shown in the following table:
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$40.00
Note: Maintenance medications (i.e. a medication taken longer than 60 days) that are
filled at the retail co -pay amount more than twice will be filled at the mail order co -
pay amount.
UPEC MOU Page 20
The premium cost of the Prescription benefit program is outlined under "Health
Benefits" above.
(d) Dental Benefits: The premium cost of the Dental benefit program is outlined under
"Health Benefits" above. For specifics regarding the City's Dental Plan, refer to the
Benefit Summary Plan Document.
(e) Long Term Disability: After three (3) months, sixty percent (60%) of employee's
compensation to a maximum of $5,000 per month integrated with all other income
benefits payable to age 65. As soon as administratively possible following approval
of this Agreement. the City will modify its policy to increase the above -referenced
maximum amount to $8,500 per month. More specific benefit information is provided
in the carrier's booklet.
(f) Vision Care: The premium cost of the Vision benefit program is outlined under "Health
Benefits" above. For specifics regarding the City's Vision Plan, refer to the Benefit
Summary Plan Document.
(g) Short — Term Disability: The City will administer employee -paid State Disability
Insurance for all employees should UPEC Technical Unit elect to participate in the
program.
17.2 Group Health Benefits at Retirement for Employees
(a) Tier I — Hired Prior to August 7, 2011
All active employees hired prior to August 7, 2011, who retire from the City with five
(5) or more years of City service (and eligible for CalPERS benefits upon separation
of service) shall be eligible for the City to pay a 50% proportionate share of costs of
the insurance premium should the active employee transitioning to retirement elect to
participate in the group health plan or the group health, dental and vision plan also
made available to active employees. To initially qualify for the benefit, the employee
must go directly from active status to retiree status with CalPERS. To maintain a
qualified status, and to continue to receive the benefit, the retiree must continue the
group medical insurance during retirement without a break in coverage. Payments by
the City will be discontinued upon termination of group medical insurance coverage
by the City retiree or loss of qualified status by the retiree. Following the death of a
retiree, the surviving spouse, if any, may continue the insurance and the City will
continue the benefit on the same terms and conditions for the life of the surviving
spouse. The City will not contribute payments on behalf of any retiree hired prior to
August 7, 2011 except as set forth above.
(b) Tier 2 — Hired On or After August 7, 2011
All active employees hired on or after August 7, 2011, who retire during the term of
this MOU and who have five (5) or more years of City service (and are eligible for
CalPERS benefits upon separation of service) shall be eligible for the City to pay a
proportionate share of the cost of the insurance premiums in accordance with the
following formula: two percent (2%) for every year of active service with the City of
UPEC MOU Page 21
Redding up to a maximum of fifty percent (50%) should the active employee
transitioning to retirement elect to participate in the group health plan or the group
health, dental and vision plan also made available to active employees. To initially
qualify for the benefit, the employee must go directly from active status to retiree status
with CalPERS. To maintain a qualified status, and to continue to receive the benefit,
the retiree must continue the group medical insurance during retirement without a
break in coverage and the retiree and their covered spouses who reach Medicare A/B
eligibility age must enroll in Medicare. Payments by the City will be discontinued
upon termination of group medical insurance coverage by the City retiree or loss of
qualified status by the retiree. Following the death a retiree, the surviving spouse, if
any, may continue the insurance and the City will continue the benefit on the same
terms and conditions for the life of the surviving spouse. The City will not contribute
payments on behalf of any retiree hired after August 7, 2011 except as set forth above.
(c) Retiring employees who were hired or who worked under a different Memorandum of
Understanding (MOU) or City Resolution than the one in effect at the time of
retirement shall be vested with the greatest retiree premium co -share formula in effect
and for which that employee qualified for during his or her term of employment.
(d) All retired employees participating in the group health plan will be enrolled in the "Base
Plan" and will have the option on a voluntary basis to enroll in the "Buy Up Plan"
initially, and during the open enrollment period for each subsequent calendar year.
Changes will be effective at the beginning of the following calendar year. The City shall
pay a proportionate share of the cost of the "Base Plan" insurance premiums as
outlined above in sections 14.2 (a) and 14.2 (b). Participating retired employees
electing to enroll in the "Buy Up Plan" will be responsible for premiums beyond the
City's contribution of the "Base Plan" composite rate. The City's proportionate share of
payments referenced above in 14.2 (a) and 14.2 (b) shall apply only to the premium for
the "Base Plan".
17.3 Regular employees are eligible to participate in the City's Deferred Compensation Plan
through voluntary payroll deductions from the employee's pay.
17.4 The City and the Union agree to reopen negotiations if any changes to the Affordable Care
Act affect matters within the scope of representation.
SECTION 18
RETIREMENT PROGRAM
18.1 All Regular, Part -Time Regular, and qualified Part -Time employees, are covered by the
California Public Employees' Retirement System (Ca1PERS) program.
18.2 Miscellaneous Employees
(a) Tier l: Regular employees hired prior to January 1, 2013, and those considered to be
"Classic Ca1PERS Members" will be covered under the 2.0% at age 55 retirement
benefit formula with the 12 highest paid consecutive month's final compensation
provision. Employees will be covered by the Indexed level of 1959 Survivors' Benefit
Program (Government Code Section 213 82.4), Survivor Continuance allowance; credit
UPEC MOU Page 22
for unused sick leave; and military service credit buy back option. The employee
contribution of seven percent (7%) of pensionable earnings will be paid by the
employee through a bi-weekly payroll deduction on a pre-tax basis. Regular employees
vested in Tier 1 who leave City employment and subsequently are rehired will be re-
employed with Tier 1 status for CalPERS benefits.
All CalPERS eligible Tier 1 employees agree to cost sharing of the CalPERS employer
contribution rate in accordance with Government Code Section 20516, effective
January 1, 2020. The additional contribution of pensionable earnings will be paid by
the employee through a bi-weekly payroll deduction on a pre-tax basis.
Employees have agreed to cost sharing of the contribution rate in accordance with
Government Code Section 20516 as follows:
• 1.275%, effective January 1, 2020 [total employee contribution of 8.275%1
• An additional .85 percent (.85%) for a total of 2.125 percent (2.125%),
effective as soon as administratively feasible after City Council approval of the
successor MOU [total employee contribution of 9.125%].
-ec-ttar �,,��
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inerease eentributieH rate to 0 0
,; ef ner-mal east at the time at
the time of agreement).
Except as provided below, the City will also provide employees hired prior to August
7, 2011, with the Public Agency Retirement System (PARS) 0.7% at age 55 retirement
benefit formula for each year of regular City Service, any prior CalPERS service and
CalPERS service credit purchased and credited to the employee's City of Redding
CalPERS account while an employee of the City as a supplement to the CalPERS
benefit, so long as the employee is vested with five (5) years of City service.
Effective July 2020 (First Pay period), all regular employees receiving the Public
Agency Retirement System (PARS) benefit will begin making an employee
contribution of 1.31% of pensionable earnings that will be paid by the employee
through a bi-weekly payroll deduction on a pre-tax basis.
Effective July 2022 (First Pay Period), all regular employees receiving the Public
Agency Retirement System (PARS) benefit will make an additional employee
contribution of 1.31% for a total of 2.62% of pensionable earnings (equal to 50% of
normal cost at the time of agreement) that will be paid by the employee through a bi-
weekly payroll deduction on a pre-tax basis.
(b) Tier 2: Pursuant to the California Public Employees' Pension Reform Act of 2013
(PEPRA), employees hired on or after January 1, 2013, will be covered by the 2.0% at
age 62 retirement formula with the 36 highest consecutive months final compensation
provision as a "New CalPERS Member" if the employee 1) has not been a member of
a California Public Retirement System, or 2) had prior CalPERS/reciprocity service
with a break in service of six months or longer. Employees will be covered by the
Indexed level of 1959 Survivors' Benefit Program (Government Code Section 21382.4)
Survivor Continuance allowance; credit for unused sick leave; and military service
UPEC MOU Page 23
(c)
credit buy back option. Also pursuant to PEPRA, New CalPERS Members will be
responsible for paying one-half of the total normal cost rate for the retirement benefit
on a bi-weekly pre-tax basis.
Employees hired on or after August 7, 2011, will not be eligible for the Public Agency
Retirement System (PARS) 0.7% at age 55 supplemental retirement benefit formula.
Part -Time and Temporary employees not included within Section 18.1 and 18.2
above shall be covered by the PARS -457 Plan. Participating employees will
pay half of the contribution or 3.75 percent (3.75%) for the benefit through a bi-
weekly payroll deduction on a pre-tax basis. The City will pay the remainder of the
contribution or 3.75 percent (3.75%).
SECTION 19
CONTINUING EDUCATION
19.1 Regular, non -probationary, employees who complete City approved courses taken for credit
with a passing grade may, upon application, be reimbursed for the tuition, cost of required
textbooks and required materials, including but not limited to computer software, calculators,
videos, but not to include incidentals such as paper, pens and pencils.
19.2 Employees must obtain prior approval from their Department Director. Effective upon
contract ratification by City Council, reimbursement under this program shall be limited to
four hundred dollars ($400.00) per course (semester/quarter).
SECTION 20
GRIEVANCE PROCEDURE
20.1 A grievance shall be defined as an allegation by the Union of a misinterpretation,
misapplication or violation of a particular provision of this MOU. Any grievance, which may
arise between the Union and the City, with respect to the interpretation or application of any
of the terms of this Memorandum of Understanding 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. 2012-091 are not a grievance. Work day as used in this ale -Section
shall mean any day when City Hall is open to serve the public.
20.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between the
employee and/or Union business Business Representative or 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.
20.3 Step Two: If the grievance is not resolved in Step Onethe first step, the seeend next step shall
be a written presentation of the grievance to the Division Head and a discussion between the
Union Business Representative or Shop Steward and the Division Hea next level management
representative, who shall answer in writing within ten (10) work days of the discussion. This
step shall be taken within ten (10) work days of the date of the immediate supervisor's answer
in Step One. .
UPEC MOU Page 24
20.34 Step TweThree: If a grievance is not resolved in the first ste-pStep Three, the second next step
shall be a written presentation of the grievance and a discussion
between the Union Business Representative or Shop Steward
and the Department Director, who shall answer in writing within ten (10) work days of the
discussion. This step shall be taken within ten (10) work days of the date of the Power- Plant
M.,n .v..or- Eleetfie o.. r c„po .,;s 4next level management representative's answer in
Step Two. as applieable in Step One Phe , o o* ro elved ; stop two, the b..:
faay be appealed to Step Three within ten 1A.1-Adi
20.45 Step T HeeFour: If a grievance is not resolved in the second sterStep Three, the th-ifEl-next step
shall be a written presentation of the grievance to -the -City's Personnel -Teeter, and a
discussion between the Union's Business Representative and the Personnel Director. The
Personnel Director shall conduct an investigation and attempt to resolve the grievance. If no
resolution of the grievance is achieved, the Personnel Director 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
TweThree.
20.56 Step FetwFive: If a grievance is not resolved in the third stepStep Four, the €eer-th-next step
shall be the presentation of the grievance, in writing, by the Union's Business Representative
to the City Manager, or designee, who shall answer, in writing, within ten (10) work days. The
&i-xthThis step shall be taken within ten (10) work days of the date of the Department Personnel
Director's answer in Step 4:hFeeFour.
20.67 Step F+*=eSix: If a grievance is not resolved in the t; urth stepStep Five, the fifth --next step
shall be referral by either the City, or the Union, to mediation within twenty (20) workea-letxdar
days of the answer in step fouf Step Five. Whenever a grievance is referred to mediation, either
the Union or the City may request, in writing, that the California State Mediation and
Conciliation Service refer a state mediator. The mediator shall assist the parties in the
resolution of the grievance in the same manner as that which is normally used in the mediation
of interest disputes. Referral to step sixStep Seven below shall not occur until a mediator has
released the parties from the mediation process. By mutual agreement of the parties Step Five
Six may be waived.
20.7--8 Step 84xSeven: If a grievance is not resolved in the fifth stepStep Six or in the event Step
4vethat step is waived by mutual agreement of the parties, the sixth next step shall be referral
by eithef the City, ^rthe Union; to arbitration. The seventhThis step shall be taken within
twenty (20) work days of the date the mediator has released the parties from the mediation
rp ocessof the answer in Step Fiv,-Six or the date of the answer in Step 1,&Hr Five in the event
Step FA�Six is waived by mutual agreement of the parties.
20.99 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 State Mediation and Conciliation ServiceS( MCS) 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
UPEC MOU Page 25
expenses of their respective appointees and witnesses. At Union's request., the City shall
release employees from duty to participate in arbitration proceedings.
20.910 The arbitrator shall hold such hearings and shall consider such evidence as
appears necessary and proper, or as may be stipulated by the parties. The arbitrator shall be
fully vested with the power to render a decision regarding interpretation of the contract, whose
decision shall be binding on both parties. However, the arbitrator may only order remedies
that are either stipulated for consideration by the parties or available to the Union pursuant to
the terms of the MOU. The arbitrator may order the City to cease and desist from any conduct
determined to be in violation of the MOU, but in no event shall the arbitrator have authority to
exercise management rights reserved to the City as a remedy. 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 simultaneously submit additional written argument prior
to the arbitrator's decision becoming final and binding on the parties. Any additional argument
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 provided that such
decision does not in any way add to, disregard or modify any of the provisions of this
Memorandum of Understanding.
20.4-011 Failure by the Union to meet any of the aforementioned time limits as set forth
in this Section ` 0.2, 20.3, 20.4, 20:5, 20.6, or- - 20.7, will result in forfeiture of the grievance.
Failure by the City to meet any of the aforementioned time limits as set forth in this Sections
20.''�.3, 20.4.5, 28 6, er�LB�; 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.
SECTION 21
DISCIPLINARY APPEAL
21.1 Any e , hieh m arise betwe ^A Regular or Part -Time employee and the Cit *"
resile 44a ay appeal a final Notice of Discipline involving discharge, demotion, suspension,
or loss of pay of an individual employee, shame dete-rffli}ed by the r ^ 4pursuant to
the following disciplinary appeal procedure. Probationary employees shall not be entitled to
invoke the appeal procedure with regard to matters of discharge or demotion. Appeal o€
discretions will beginatthe De-pai4fnent Direeter 1eve17—Work day as used in this
Section shall mean any day when City Hall is open to serve the public.
21.2 Step 470ne: The initial step i the resolution of ^ grievanee shall be the presentation of the
grie edisciplinar appeal, in writing, to the Department Director, within ten (10) ealenda
work days of receiving a Notice of Discipline. If the Department Director issued the Notice
of Discipline. then the initial stew of the disciplinary anneal will begin at Step Two. The
Department Director shall answer in writing within ten (10) ealendar- work days.
21.3 Step 27Two If a grievraneethe disciplinary appeal is not resolved in the initial ste Step One,
the seeend next step shall be the presentation of the grie edisciplinary appeal, in writing,
to the Personnel Director, who shall conduct an investigation and attempt to resolve the
UPEC MOU Page 26
grievaneeMpeal. If no resolution of the greva;e"isciplinary appeal is achieved, the
Personnel Director shall provide the employee with the City's answer to the gr-ievan,&,—"peal
eal
in writing. This step shall be taken within ten (10) ak%d-ar-work days of the date of the
Department Director's answer to Step One.
21.4 Step Three: If ag--r•ievaneethe disciplinary ppeal is not resolved in the initial stepStep Two,
the seeend-next step shall be the presentation of the grievaneedisciplinary appeal, in writing,
to the City Manager or designee, who will answer, in writing, within ten (10) ^work
days. This step shall be taken within ten (10) ealenda work days of the date of the answer to
Step Two.
21.5 Step 4Four: If a gfievaneethe disciplinary appeal is not resolved in *',�pStep Three,
the fourth next step shall be the referral of the matter to mediation by either party within
twenty (20) ealend-arwork days of the answer to Step Three. Whenever a grievance is referred
to mediation, either the employee or the City may request that the California State Mediation
and Conciliation ServiceS( MCS) refer a state mediator. The mediator shall assist the parties
in the resolution of the grievance in the same manner as that which is normally used in the
mediation of interest disputes. Referral to Step Five shall not occur until the mediator has
released the parties from the mediation process. By mutual agreement of the parties, Step €i -e
Four may be waived.
21.6 Step 517ive: If a grievancethe disciplinary appeal is not resolved in the fourth stepStep Four
of this procedure Step Th or in the event Step 2owthat step was waived by mutual
agreement of the parties, the €tf i next step shall be referral by either the City -of -the employee
to arbitration. The fifth step shall be taken within twenty (20) work days of the date
the mediator has released the parties from the mediation process in Step Four or the date of
the answer to Step F-&wThree in the event Step Four is waived by mutual agreement of the
arties.
(a) An Arbitrator shall be appointed on each occasion that a grievanc—edisciplinary appeal
is submitted to arbitration. The Arbitrator shall be chosen by mutual agreement of the
City and employee. In the event that City and the employee or their representative are
unable to agree on the selection of an Arbitrator, they shall request the State e
CaliforniaMediation and C iliac; Se e to nefflinateSNICS provide a list of five
(5) persons to be the Arbitrator. The City and the employee or their representative 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 their compensation and expenses shall be borne equally by the City and the
employee. Notwithstanding the foregoing, the City and the employee may, by mutual
consent, agree on a single arbitrator to hear the disciplinaryappeal, on the
same cost sharing basis. The City and the employee shall pay the compensation and
expenses of their respective witnesses. At the employee's or their representative's
request, the City shall release employees from duty to participate in arbitration
proceedings.
(b) The Arbitrator shall hold such hearings and shall consider such evidence as to the
Arbitrator appears necessary and proper, or as may be stipulated by the parties. The
Arbitrator shall be fully vested with the power to render a decision regarding whether;
1) a workplace rule, regulation or policy was violated by the employee; and; 2) whether
the discipline imposed by the City is appropriate. The Arbitrator shall have the
UPEC MOU Page 27
authority to modify the discipline imposed by the City provided that such decision
does not in any way add to, disregard or modify any of the provisions of City policies,
resolutions or ordinances. The decision of the Arbitrator shall be final and binding on
City and the employee.
21.7 Failure by the employee to meet any of the aforementioned time limits as set forth in Steps 1,
2, 3 4 and 5this Section will result in forfeiture and waiver of ally appeal of their disciplinary
action. If the City fails to answer a grie-vanc-e—disciplinary appeal step -on a timely basis, the
gr-iee-appeal may be advanced to the next step, except, however, that the aforementioned
time limits may be extended by mutual agreement. Disciplinary appeals settled by
forfeiture shall not bind either party to an interpretation of City policies, practices, resolutions
or ordinances, nor shall such settlements be cited by either party as evidence in the settlement
of subsequent grievaneesdisciplinary appeals.
SECTION 22
SENIORITY
Seniority is defined as total length of continuous service with the City except for the purpose of
promotion and transfer as outlined in Section 22. 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) Resi agn tion,
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 dutv in the Armed Forces of the United States, or service
in the Merchant Marine, under any Act of Congress which provides that the employee is
entitled to re-employment right
(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.
SECTION 2223
PROMOTION AND TRANSFER
22.1 All promotions and transfers shall be in accordance with standards and procedures as
determined by the City.
22.2 All promotions and transfers of employees covered by the Memorandum of Understanding
shall be on a probationary basis for one (1) full year. At any time during the probationary
period, of the City may terminate the appointment. If an appointment is terminated, the
employee shall be returned to either the employee's previous classification and pay rate, or
some other classification that is mutually acceptable to the employee and the City, except
UPEC MOU Page 28
whenever the City discharges the employee from employment with the City while serving a
probationary period. Any unpaid absences during a probationary period shall cause the
probationary period to be extended by the length of the absence.
SECTION -2324
DEMOTION AND LAYOFF
23.1 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.
23.2 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.
23.3 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.
Re-employment shall be based upon the laid -off employee's ability to meet current
employment standards. If an employee does not accept re-employment, the employee's
name shall be removed from the re-employment list and the employee shall no longer have
re-employment rights.
23.4 Notwithstanding the provisions of this Article, the City and the Union may agree to
other procedures during the term of this Memorandum of Understanding.
SECTION -2425
SEVERABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of
competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of
Understanding shall be null and void but such nullification shall not affect any other provisions of
this Memorandum of Understanding, all of which other provisions shall remain in full force and
effect.
SECTION 2526
FULL UNDERSTANDING, MODIFICATION, WAIVER
2426.1 This Agreement sets forth the full and entire understanding of the parties regarding the
matters set forth herein, and any other prior or existing understanding or agreements by the
parties, whether formal or informal, regarding any such matters are hereby superseded or
terminated in their entirety.
2-526.2 It is agreed and understood that each party voluntarily and unqualifiedly waives its right to
negotiate, and agrees that the other party shall not be required to negotiate, with respect to
any matter covered herein, except as provided in this Agreement. Both parties acknowledge
that such waiver and relinquishment as set forth above carries with it the commensurate
prohibition for either party to effect a unilateral change in an employment condition falling
UPEC MOU Page 29
within the scope of negotiations under Government Code Section 3500 et seq., including a
prohibition on unilateral change to any adopted personnel rule or policy in effect at the time
this MOU is ratified, such as the City's Pay for Performance Policy or the Conduct and
Honesty Policy.
2-526.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained in the agreement shall in any manner be binding upon the
parties unless made and executed in writing by all parties, and if required, approved by the
CITY and ratified by the membership of the UNION.
SECTION 2627
DURATION
This Memorandum of Understanding shall be effective August 16, 2023 , , except for
those provisions of the Memorandum of Understanding which have been assigned other effective
dates as here in above set forth and shall remain in full force and effect to and including June 30, 2026
Jam, 2024. The City will meet and begin bargaining with the Union bargaining team for a
successor MOU on or around March 1, 20242026.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the date
as noted below, this ofly, 2019.
CITY OF REDDING
Gage Dungy, Negotiator
Date
UNITED PUBLIC EMPLOYEES OF
CALIFORNIA, LOCAL 792
Ron Copeland, Labor Representative
Date
UPEC MOU Page 30
RESOLUTION NO. 2023-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ADOPTING THE MEMORANDUM OF UNDERSTANDING AND
SALARY EXHIBITS BETWEEN THE CITY OF REDDING AND THE
UNITED PUBLIC EMPLOYEES OF CALIFORNIA LOCAL 792
TECHNICAL EMPLOYEES UNIT, EFFECTIVE AUGUST 16, 2023
WHEREAS, the United Public Employees of California (UPEC) Local 792 Technical Employees
Unit has been formally recognized as the majority representative of an appropriate unit of
employees, as set forth in Section 1.1 of Article 1 of the Memorandum of Understanding; and
WHEREAS, the designated representatives of the City of Redding engaged in good faith
bargaining regarding terms and conditions of employment with the designated representatives of
UPEC Local 792, Technical Employees Unit, as required by the provisions of the Meyers-Milias-
Brown Act of 1968, resulting in the proposed Memorandum of Understanding and Salary Exhibits,
attached hereto; and
WHEREAS, staff recommends adoption of said Memorandum of Understanding and Salary
Exhibits; and
WHEREAS, the City Council deems it to be in the best interest of the City to adopt such
recommendation;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding
that the comprehensive Memorandum of Understanding governing the period of August 16, 2023,
and ending June 30, 2026, and accompanying Salary Exhibits are hereby adopted effective August
20, 2023.
BE IT FURTHER RESOLVED by the City Council of the City of Redding that the
comprehensive Memorandum of Understanding governing the period of August 16, 2023, and
ending June 30, 2026, supersedes the previous Memorandum of Understanding governing the
period of January 1, 2018, through June 30, 2024.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular
meeting of the City Council of the City of Redding on the 15th day August, 2023, by the following
vote:
AYES:
COUNCIL MEMBERS: - Audette, Mezzano, Munns, Winter, Dacquisto
NOES:
COUNCIL MEMBERS: - None
ABSENT:
COUNCIL MEMBERS: - None
ABSTAIN:
COUNCIL MEMBERS: - None
ATTEST:
/s/ Sharlene Tipton
SHARLENE TIPTON, City Clerk
/s/ Michael Dacquisto
MICHAEL DACQUISTO, Mayor
FORM APPROVED:
/s/Barry E. De Walt
BARRY E. DeWALT, City Attorney
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O O O LO O O
M Cl) M M M co M M M N M M
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF REDDING
AND THE
UNITED PUBLIC EMPLOYEES OF CALIFORNIA
LOCAL 792
TECHNICAL EMPLOYEES UNIT
August l6, 2023
Through
June 20, 2026 J tine -30, 24U
TABLE OF CONTENTS
SECTION 1: UNION RECOGNITION & SECURITY................................................................................................1
SECTION 2: EXCLUSIVE CITY RIGHTS....................................................................................................................3
SECTION 3: NO DISCRIMINATION...........................................................................................................................3
SECTION 4: PEACEFUL PERFORMANCE - NO STRIKE CLAUSE......................................................................4
SECTION 5: EMPLOYEE STATUS..............................................................................................................................4
SECTION 6: COMPENSATION & CLASSIFICATION.............................................................................................5
SECTION 7: HOURS & OVERTIME...........................................................................................................................7
SECTION8: SICK LEAVE.............................................................................................................................................9
SECTION9: VACATIONS..........................................................................................................................................10
SECTION10: HOLIDAYS..........................................................................................................................................12
SECTION 11: ADMINISTRATIVE LEAVE.............................................................................................................14
SECTION 12: BEREAVEMENT LEAVE..................................................................................................................14
SECTION13: JURY/WITNESS DUTY....................................................................................................................15
SECTION 14: LEAVES OF ABSENCE......................................................................................................................15
SECTION 15: INDUSTRIAL DISABILITY.............................................................................................................17
SECTION 16 REIMBURSEMENT OF EXPENSES................................................................................................18
SECTION 17: EMPLOYEE GROUP HEALTH & WELFARE INSURANCE BENEFITS..................................18
SECTION 18: RETIREMENT PROGRAM..............................................................................................................22
SECTION 19: CONTINUING EDUCATION............................................................................................................23
SECTION 20: GRIEVANCE PROCEDURE..............................................................................................................23
SECTION 21: DISCIPLINARY APPEAL.................................................................................................................25
SECTION22: SENIORITY........................................................................................................................................26
SECTION 2423: PROMOTION & TRANSFER...................................................................................................... 27
SECTION 2324: DEMOTION AND LAYOFF......................................................................................................... 27
SECTION 225: SEVERABILITY OF PROVISIONS............................................................................................28
SECTION 2526: FULL UNDERSTANDING, MODIFICATION, WAIVER........................................................28
SECTION 2627: DURATION.................................................................................................................................... 28
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this first day
of April, 2014, 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 792 of UNITED PUBLIC EMPLOYEES OF CALIFORNIA, (the exclusively
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), for employees occupying permanent positions
in the Technical Employees Unit, hereinafter referred to as Union.
SECTION 1
UNION RECOGNITION AND UNION SECURITY
1.1 Recognition and Union Rights
The City recognizes the Union as the "Exclusive Representative" of all of the employees in 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 shall apply to those
employees of the City of Redding for whom Local Union 792 is the established exclusive
representative.
1.2 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 advance notice and agreement of Management.
1.3 The City will provide the Union adequate bulletin board space for the purpose of posting
thereon matters relating to official Union business including at Viking Way (Building 2).
1.4 The City will not interfere with, intimidate, restrain, coerce or discriminate against any
employee on the basis of the employee's membership in Union or the employee's activity on
behalf of Union.
1.5 Any employee, at the employee's request, shall be permitted representation by a Union
representative. The foregoing shall apply to reprimands, disciplinary actions, investigations,
and hearings, providing there is no unreasonable delay in obtaining representation.
1.6 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.
UPEC MOU Page 1
1.7 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 not related to the City of
Redding Union recognition, 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.
1.8 Dues Deduction and Union Security
1.8 The City shall deduct from their wages the regular membership dues of employees who are
members of the Union 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.
1.9 Deductions shall be made from each payroll period and a check for the total deductions shall
be submitted monthly to the Business Manager of Local Union 792, UPEC, 1800 Park Marina
Drive, California 96001 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
the UPEC 792 Business Manager. 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 transmittal
and the reasons therefor.
1.10 The Union shall notifv the Citv of anv emalovee who has given the Union written
authorization for deduction of any Union dues or fees. The Union certifies that it shall collect
and will maintain records of individual employee authorizations for deductions of said dues
or fees. The Union agrees to notify the City f an changes }ranges in employee authorizations to
deduct Union dues or fees. The City shall rely on the Union's certification of any dues and
frees authorized by an employee and will not require the Union to provide a copy of the
employee's authorization unless a dispute arises about the existence of terms of the
authorization. Any inquiries by employees regarding Union dues or fees should be directed to
the Union.The dues deduetion autherization f6r-fn shall be approved by both the City and the
Un -ion:
1.11 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.
1.12 Indemnity and Refund — Within thirty (30) days of the execution of this Memorandum of
Understanding, the Union shall file with the City an Indemnity Statement wherein the Union
shall indemnify, defend and hold the City harmless against any claim made and against any
suit initiated against the City on account of check off Union dues or premiums for benefits.
In addition, the Union shall refund to the City any amounts paid to it in error upon presentation
of supporting evidence.
1.13 The City will provide UPEC mandatory access to all new employee orientations of
classifications it represents. The City will provide UPEC ten (10) calendar days advance
notice of orientations to enable an exclusive representative of UPEC access of up to thirty (30)
minutes, at the end of the orientation process, to present Union membership information. This
notice will include the time, date and location of the orientation.
UPEC MOU Page 2
1.14 UPEC agrees to provide Personnel a list of representatives or shop stewards that UPEC will
utilize for the new hire orientations throughout the year. Once the City notifies UPEC of the
new employee orientation, UPEC will identify the representative or steward will attend and
notify the City five (5) calendar days advance notice of orientations. The City will prepare a
work release request for the steward at the Union's expense, if applicable.
1.15 The City will provide UPEC a digital file via email to the email address designated by UPEC
containing the following information within thirty (30) days of hiring an UPEC represented
employee: the name, job title, department, work location, work, home, and personal cellular
telephone numbers, personal email addresses on file with the employer, and the home address
of the new hire. The City will provide UPEC with a list of all information for all employees
in the bargaining unit every 120 days. Employees transferring from another bargaining unit
are not considered new hires per AB 119 and will not be part of the thirty (30) day report,
however, their information will be captured in the 120 day report. The City will forward dues
forms to UPEC as soon as they are completed by the employee.
1.16 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 membership dues shall be suspended for the duration of such
period if the individual is working for City in a job classification not covered by this
Memorandum of Understanding.
SECTION 2
EXCLUSIVE CITY RIGHTS
2.1 The City, through its department heads, retains solely and exclusively, all the rights, powers
and authority exercised or held prior to the execution of this Memorandum of Understanding
and the right to take action on all issues which are outside of the scope of bargaining, including
its exclusive rights and authority under Federal law, State law, or the Redding Municipal
Code. Without limiting the generality of the foregoing, the rights, powers and authority
retained solely and exclusively by the City and not abridged herein, include, but are not limited
to, the following:
To manage and direct its business and personnel; to manage, control and determine the
mission of its departments, building facilities and operations; to create, change, combine or
abolish job classifications, departments and facilities in whole or in part; to privately contract
or discontinue work for economic or operational reasons; to direct the work force; to increase
or decrease the work force (through layoff), and determine the number of employees
needed; to create and maintain work standards, schedules of operation and reasonable work
load; to hire, promote, demote, transfer, suspend and discipline or discharge employees for
just cause; to implement a mandatory furlough program during a fiscal emergency; to specify
or assign work requirements consistent with classification specifications and require overtime;
to schedule working hours and shifts; to adopt rules of conduct and penalties for violation
thereof, to determine the type and scope of work to be performed and the services to be
provided; to establish new classifications; to determine the methods, processes, means, and
places of providing services and to take whatever action necessary to prepare for and operate
in an emergency. Exercise of City rights shall be subject to the terms of this Agreement.
UPEC MOU Page 3
SECTION 3
NO DISCRIMINATION
3.1 The City and the Union agree that there shall be no discrimination of any kind because of race,
color, sex, sexual orientation, citizenship status, marital status, ethnicity, age (for people 40
and older), religion, gender identity, gender expression, genetic information, national origin
and ancestry, political affiliation, creed, military or veteran status, physical disability, mental
disability, medical condition, political affiliation, or legitimate Union activity against any
employee or applicant for employment, or any other characteristic protected by state or federal
law.
SECTION 4
PEACEFUL PERFORMANCE - NO STRIKE CLAUSE
4.1 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. The 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 the City during regular work hours or on an overtime
basis shall be subject to disciplinary action up to and including discharge from employment.
SECTION 5
EMPLOYEE STATUS
5.1 A Regular employee (status code 3) 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, group
health and welfare insurance coverage and other benefits as outlined herein as the employee
becomes eligible.
5.2 A Temporary employee (status code 9) is defined as an employee hired for temporary,
occasional or seasonal work for a period not to exceed 1,000 hours in a fiscal year. A status 9
employee works on-call, seasonal, intermittent or on an irregular schedule limited to less than
one thousand (1,000) hours per fiscal year. A Temporary employee shall receive not less than
the minimum rate for the job, and will be eligible for sick leave pay, per California law, but
shall not be eligible for holiday pay, vacation pay, or other items as outlined in this document,
nor shall the employee be eligible for retirement plan participation, nor shall the employee
accrue seniority, or promotion and transfer rights, or leave of absence rights. If a Temporary
employee moves to another status, the employee shall not be credited with the employee's
service as a Temporary employee in determining eligibility for benefits.
5.3 A Part -Time employee is defined as an employee hired to work less than a full-time employee.
A Part -Time employee will be limited to less than 1,000 hours per fiscal year unless approved
by the Personnel Director. A Part -Time employee shall receive not less than the minimum rate
for the job, and will be eligible for sick leave pay per California law, but shall not be eligible
for holiday pay, and other benefits. The employee may be eligible for participation in the
UPEC MOU Page 4
retirement plan pursuant to the City's contract with PERS. After completion of twenty-four
(24) months of continuous service, the employee will be entitled to vacation pay on the same
basis as Regular employees. If a Part -Time employee is reclassified to Regular status, the
employee shall be credited with the employee's service as a Part -Time employee in
determining eligibility for benefits, if any, as may accrue to the employee in the employee's
new status.
5.4 Probationary Periods: Regular and Part -Time employees shall serve a probationary period
of one (1) year upon initial appointment to each status. Such probationary period is considered
to be a continuation of the selection process and employees may be terminated from
employment or demoted at any time without recourse, pursuant to the grievance procedure.
The probationary period will start over for any employee who transfers to another position
during the probationary period. The probationary period may be extended at the City's sole
discretion in circumstances where further evaluation of the employee is necessary. Employees
serving their initial probationary period shall not be eligible for leave of absence or
supplemental benefits for industrial injury. Temporary employees do not serve a probationary
period, as the appointment is temporary by definition and can be terminated at any time.
5.5 Re-employment: With the recommendation of a Department Director and approval of the
Personnel Director, a past employee who both passed the probationary period and resigned in
good standing may be re-employed within two years of the effective date of resignation, to a
vacant position in the same classification. Such re-employment shall, for all purposes, be
considered as though it were an original appointment. The reinstated employee shall serve a
new probationary period.
SECTION 6
COMPENSATION AND CLASSIFICATIONS
6.1 Employees shall be paid the salary or wage rate established for their classification. Exhibit
"A" of this Agreement lists the pay ranges and salary rates associated with each classification
which includes equity increases for specific classifications effective August 20, 2023, August
18, 2024, and August 17, 2025. Vii, 14, 2019. Additionally, all elassifieations will o 0
0 iiefease0
0
percent(2.0,1,;)-iner-ease-effeettve june 25,z023. Upon initial appointment to a classification,
an employee shall normally be paid the lowest compensation rate for that classification. An
employee may, however, be paid a rate above the lowest rate if circumstances justify it. When
an employee is appointed to a higher paid classification which has a compensation range
overlapping the range of the employee's previous classification, the employee shall be paid at
the rate of the classification to which the employee is being appointed, which is at least five
percent (5%) more than the employee's present rate, but not more than the top rate of the
classification to which the employee is appointed. Step increases require an overall
performance evaluation rating of "meets job standards" or higher, at each and every successive
pay step, Department Director and Personnel Director approval and may be granted after
twenty-six (26) full pay periods of employment in each step of the established pay range. A
full pay period as used herein 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. A promotion to a higher paid
classification does not change the anniversary date for compensation increases. The
anniversary date is the employee's date of hire.
UPEC MOU Page 5
6.2 Compensation shall be paid at bi-weekly intervals on Thursdays for a pay period ending no
earlier than the preceding Saturday. If a payday falls on a fixed holiday, payments shall be
made on the preceding workday. All employees hired after January 1, 2005, must make
arrangements to have their pay deposited to a bank account via electronic transfer.
6.3 When an employee is temporarily assigned to work in a lower -paid classification than the
employee's normal classification, the employee's compensation will not be reduced.
6.4 Whenever a Regular employee is assigned by the City to replace an absent employee in a
higher -paid classification and the employee performs a substantial majority (greater than fifty
percent [50%]) of the absent employee's duties for a full work day, such employee shall have
their compensation increased by at least five percent (5%), but not to exceed the range of the
higher classification. Department Director approval is required.
6.5 When an employee is assigned to fill a vacant position or replace an absent employee in a
higher -paid classification and performs a substantial majority (greater than fifty percent [50%]
of the duties of the higher classification for a period that extends beyond one full pay
period, such employee shall be temporarily reclassified to the higher position. The employee's
compensation shall be increased by at least five percent (5%), but not to exceed the top of the
range established for that classification. Department Director and Personnel Director
approvals are required.
6.6 In addition to regular compensation, shift differential pay shall be added to the regular base
rate of pay for all regular scheduled hours worked when a regular work shift represents one-
half (1/2) or more of the following time period:
k' .,TIME PERIOD
PAY -PERCENTAGE
Between 11:00 p.m. and 7:00 a.m.
4:2255%
6.7 The City reserves the right to propose compensation increases during the term of this
agreement for recruitment, retention and operational issues. Daring the terfn of this
agreement, the City and the Union agree to meet and eenfer- over MOdifieatiefis to
The City and the Union will eaeh piek twe
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UPEC MOU Page 6
6.8 Whenever an Electric Utilitv Svstem Operator -Transmission & Distribution is assiL)ned b
the Senior System Operator to conduct, monitor and prepare written documentation of the
daily training and progress of a probationary Transmission & Distribution Operator, the
employee shall receive five percent (5%) over base pay for the actual time spent performing
this specific function.agr-ee to meet and diseuss the
pfogression of EleetFie Utility Analyst and Safety & EnN,ifefifnefital-COE)r-diflater- within 60
days of the N40U implementation.
SECTION 7
HOURS AND OVERTIME
7.1 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.
7.2 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through
Saturday, and except as otherwise provided, a basic workweek is normally defined to consist
of five (5) consecutive workdays of eight (8) hours each. The basic workweek may begin on
any day of the week and at any hour of the day during the workweek. System Operators may
be assigned any hour and/or days of work. The basic workweek or work shift may be modified
by mutual agreement of the City and the affected employee(s) in those situations where such
a modification serves the interests of both the City and its employees.
7.3 Notwithstanding the provisions of 7.1 and 7.2, employees 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)
week duration.
7.4 Notwithstanding the provisions of 7.1 and 7.2, System Operators may be assigned to work a
rotating shift schedule. This regular schedule may from time to time be modified with no less
than seven (7) calendar days notice. The above minimum notice requirements may be waived
with mutual agreement between the employee and management.
7.5 Notwithstanding the provisions of 7.3, a System Operator's regular schedule may contain a 42
hour relief training (RT) week. The typical RT weekday schedule will be daytime shifts on
Monday, Tuesday, Wednesday and Thursday. The work hours start and/or stop times may be
adjusted with no minimum notice required. With as much notice as possible, but no less than
42 hours, the RT schedule may be adjusted to work a Friday shift during the relief week. The
above minimum notice requirements may be waived with mutual agreement between the
employee and management.
7.6 Except as otherwise provided in this section, overtime for non-exempt employees is defined
as:
UPEC MOU Page 7
Time worked in excess of forty (40) hours in a workweek.
Time worked in excess of eight (8), nine (9), ten (10), eleven (11) or twelve
(12) hours as applicable on a scheduled workday.
I C I Time worked on a non -workday or on a holiday.
fD' '�I Time worked outside of regular hours on a workday.
� Time worked in excess of forty (40) hours in a workweek.
7.7 Overtime shall be computed to the nearest one-quarter (1/4) hours.
7.8 In cases where the basic workweek or work shift has been modified by mutual agreement,
these overtime requirements may be waived pursuant to applicable law.
7.9 For those employees working rotating shift work whose work schedule includes up to forty-
nine (49) regularly scheduled hours in a week, paid time off will count toward the calculation
of overtime.
7.10 Overtime wages shall be paid to non-exempt employees at a rate equivalent to one and one-
half (I V2) times the regular base rate of pay, or at the employee's option, and with City
approval, the employee may elect to receive time off with pay at the rate of one and one-half
hours off for each overtime hour worked. Except for non-exempt classifications assigned to
Redding Power Plant, compensatory time off with pay shall be scheduled in the same manner
as vacations are normally scheduled. Compensatory time off with pay for the Electric Utility
Assistant System Operator, System Operator, and Senior System Operator [distribution and
power] classifications shall be approved and scheduled in the same manner as secondary
vacations. To the extent scheduling of compensatory time becomes a problem for the City or
Union, the parties agree to meet and confer on the effects of such scheduling problems.
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. The working of overtime
requires City management approval.
7.11 Exempt employees shall not receive any compensation for overtime work.
7.12 Exempt employees, who as a result of their exempt status are not eligible for overtime pay or
compensatory time off, will not have their leave balances (vacation, sick leave, etc.) reduced
for absences of less than four (4) hours. Department Director or designee approval is required.
7.13 If an employee performs overtime work immediately following the end of the employee's
regular shift, the employee shall be paid overtime compensation only for the actual time
worked. Employees who are entitled to overtime pay and 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, but in no
event for less than two (2) hours compensation each time an employee is required to report
back to work, except however, that employees shall not be paid more than time and one-half
the regular rate of pay for any given time period. If an employee reports back to work for
such work outside of the employee's regular hours on a workday and continues to work into
the employee's regular hours, the employee shall be paid overtime compensation only for the
actual time worked outside of the regular hours.
UPEC MOU Page 8
(a) For the System Operator Series:
If an employee has worked more than 4 hours at the overtime rate during the twelve (12)
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.
If the eight (8) hour rest period in whole or part overlaps the employee's regular work
hours, the employee will receive pay at the straight rate for the extent of the overlap.
An employee entitled to a rest period may 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 of duty for at least eight (8) consecutive hours.
7.14 For those System Operators who work on a rotating shift 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.
7.15 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.
SECTION 8
SICK LEAVE
8.1 Sick leave with pay shall be accumulated for each Regular and Part -Time Regular employee
at the rate of forty-six thousandths (.046) of an hour for each regular hour worked, or on paid
leave. (Accrual rate approximately one [ 1 ] day per month.)
Temporary employees (Status 9) will accrue paid sick leave at a rate of one hour for every 30
hours worked which is equivalent to a rate of .033 per hour worked. Temporary employees
(Status 9) will be eligible to use the sick leave accrual on the 901h day of employment, and will
be limited to 24 hours or three days of paid sick leave in each year of employment per
California state law.
8.2 Paid sick leave shall be allowed for a non -work related absence due to:
UPEC MOU Page 9
The inability of an employee to be present or perform duties because of personal illness, off -
All
duty injury, or confinement for medical treatment.
The ability to attend personal medical or dental appointments, which are impractical to
schedule outside of regular working hours.
The need to be present during childbirth, surgery, critical illness or injury involving members
of the immediate family for up to forty (40) hours per incident.
For family sick leave up to forty-eight (48) hours per calendar year for members of the
immediate family.
UPEC MOU Page 9
"Immediate family" as used herein includes only the employee's spouse, domestic partner,
children, grandchildren, brothers, sisters, parents or grandparents of spouse or employee, or
other dependent persons who are living in the employee's immediate household. The
relationships included herein shall apply whether by blood or marriage. Sick leave to include
mental or physical illness.
8.3 The City may require an employee requesting to return to work after sick leave or leave of
absence for medical reasons to submit to a medical examination at City expense by a physician
or physicians approved by City for the purpose of determining that such employee is fit and
able to perform the duties of the employee's former position without hazard to the employee,
fellow employees, or the employee's own permanent health.
8.4 If an employee is off on sick leave on a fixed holiday, the holiday credit will be used.
However, if an employee is off on sick leave on a floating holiday, sick leave balances will
be used and the holiday credit will be deferred.
8.5 In the event an employee exhausts all paid leave as a result of an illness or injury, and subject
to the approval of the employee's Department Director and the Personnel Director, such
employee may be advanced sick leave from his or her future accruals up to eighty (80) hours.
Once the employee returns to duty, sick leave accrual hours will be applied to the negative
sick leave account until it is zero. Should the employee terminate City employment with a
negative sick leave balance, appropriate adjustments will be made to final paid leave cash pay-
outs or other City monies owed the employee. If insufficient funds are due to 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%).
8.6 Any employee who after ten (10) years but less than fifteen (15) 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 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%).
Upon retirement, any sick leave pay out the employee is eligible to receive will be transferred
into the VantageCare Retirement Health Savings Plan on a pre-tax basis. The sick leave pay
out amount will be calculated using the percentage levels described in the paragraph above.
However, if the sick leave payout is less than $5,000, then the employee is not entitled to
participate in the VantageCare Retirement Health Savings Plan and shall receive a cash pay
out as described in the paragraph above. Any sick leave amount remaining will be used as
service credit toward the employee's retirement benefit through Ca1PERS, pursuant to the
contract between the City of Redding and CalPERS.
UPEC MOU Page 10
SECTION 9
VACATIONS
9.1 Regular employees shall accrue vacations, based on the length of their continuous service
measured from their date of employment, with pay up to a maximum of 500 hours, for each
regular hour worked, or on paid leave as detailed in the table below. Employees, including
those employees working rotating shift schedules, 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:
9.2 A full pay period as used herein 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.
9.3 In the event of departmental cancellation of a previously approved scheduled vacation that
utilizes accrued leave time or if an employee is off on a paid leave of absence due to industrial
injury where such employee would exceed the maximum vacation accrual, the accumulation
of vacation hours may exceed the established vacation maximum. In the event of an absence
due to an illness or injury that is not job related, the Personnel Director may approve the
accumulation of vacation hours in excess of the established vacation maximum. The City
Manager may also approve the accumulation of vacation hours in excess of the stated
maximum for other extenuating circumstances. Whenever such excess accruals occur, the
employee shall have one year from the date the vacation was canceled or from the date the
employee returns to work from illness or injury to utilize the excess accrual.
9.4 It is City policy that employees take their normal scheduled vacation each year at such time
or times as may be approved by their Department. The City will only cancel approved
scheduled vacations for unexpected business reasons when reasonable alternatives are not
available. The cancellation provision only applies to approved scheduled vacation that utilizes
accrued leave time.
9.5 Vacation cannot be accrued while an employee is in a non -pay status.
9.6 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 his/her 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. Notwithstanding the
UPEC MOU Page 11
ACCRUAL
s ui ��° � �11«
' x 9 � r � tipMr-
5RATE PER 1, gyp;' THROUGH
APPROXIMATE YEARS'OF,
ro ,
pr HO R = a _
A'CCRUAL RATE `T�SERV.IGE
;FROM;
2PAY:PERIOD „
A
.039
Date of Employment
104th
2 weeks
1-4
.058
1051'
2341h
3 weeks
After 4
'C",.068
235th
3641h
3 '/2 weeks
After 9
D t
.077
365th
494"
4 weeks
After 14
,E
.087
495th
624th
4 % weeks
After 19
F,
.096
625'
--
5 weeks
After 24
9.2 A full pay period as used herein 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.
9.3 In the event of departmental cancellation of a previously approved scheduled vacation that
utilizes accrued leave time or if an employee is off on a paid leave of absence due to industrial
injury where such employee would exceed the maximum vacation accrual, the accumulation
of vacation hours may exceed the established vacation maximum. In the event of an absence
due to an illness or injury that is not job related, the Personnel Director may approve the
accumulation of vacation hours in excess of the established vacation maximum. The City
Manager may also approve the accumulation of vacation hours in excess of the stated
maximum for other extenuating circumstances. Whenever such excess accruals occur, the
employee shall have one year from the date the vacation was canceled or from the date the
employee returns to work from illness or injury to utilize the excess accrual.
9.4 It is City policy that employees take their normal scheduled vacation each year at such time
or times as may be approved by their Department. The City will only cancel approved
scheduled vacations for unexpected business reasons when reasonable alternatives are not
available. The cancellation provision only applies to approved scheduled vacation that utilizes
accrued leave time.
9.5 Vacation cannot be accrued while an employee is in a non -pay status.
9.6 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 his/her 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. Notwithstanding the
UPEC MOU Page 11
foregoing, due to the twenty-four hour/seven day (24/7) work shift for System Operators,
System Operators may use their seniority preference for no more than twenty-one (21)
consecutive calendar days off (inclusive of their normally scheduled time off).
9.7 The City shall not require an employee to take vacation in lieu of sick leave or leave of absence
on account of illness.
9.8 If an employee is off duty on vacation on a fixed holiday, the paid holiday will be used. If an
employee is off on vacation on a floating holiday, vacation balances will be used and the paid
holiday will be deferred.
9.9 Employees whose employment with the City is terminated for any reason shall, at the time of
separation, receive pay for any unused vacation hours previously earned.
9.10 The City will, at the employee's option, compensate employees for accumulated vacation
during any fiscal year as follows:
MINIMUM ACCRUAL
_ :_ iVIAXIMUM HOURS_A' Y BLE _
Fixed
120
40
240
80
360
120
9.11 Employees may contribute their earned vacation hours to an employee approved for the
vacation donation program. Vacation is donated and granted on the basis of the dollar value
of the donor's base pay rate.
SECTION 10
HOLIDAYS
10.1 Regular employees, except as otherwise provided herein, shall be entitled to have the
following holiday time off with pay:
UPEC MOU Page 12
;, DESCRIPTION,OF-HOLIDAY _; r
Fixed
Floatin
January I"
X
2
The third Monday in January, known as Martin Luther King, Jr.
Da
X
- 3
Lincoln Day
X
4
The third Monday in February, known as President's Day
X
5'"i
The last Monday in May, known as Memorial Day
X
June 19`x', known as Juneteenth
X
67
July 4
X
78
The first Monday in September, known as Labor Day
X
$9
Employee's Birthday
X
X
,10
November 11th, known as Veteran's Day
X
Thanksgiving
X
12
Friday after Thanksgiving
X
40 '
The last half of the normal work shift before Christmas
X
X14 �
December 25"
X
UPEC MOU Page 12
10.2 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 falls 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.
10.3 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. Floating holidays shall be scheduled by
employees and the employee's supervisor in the same manner as vacations are normally
scheduled. When an employee is required to work on a floating holiday the employee shall
receive pay at the straight time rate.
10.4 Notwithstanding the foregoing, employees regularly assigned to work twelve (12) hour shifts
shall not be entitled to observe the following holidays; Lincoln Day, Columbus Day uneteenth
(June 19th), Veterans Day nor the employee's birthday.
10.5 Senior System Operators will observe the following holidays based on work schedule:
DESCRIPTION OF HOLIDAYh.
OR
our hour
11
'hour
1
January 1 sc
X
X
X
The third Monday in January, known as Martin Luther King, Jr.
X
X
X
—Da
3"'
Lincoln Dav
X
X
X
4 =,
The third Monday in February, known as President's Day
X
X
X
5 V
The last Mondayiy, known as Memorial Day
X
X
X
June 19", known as Juneteenth
X
X
7bn
Ju�'h'
X
X
X
8�
First Monday in September, known as Labor Day
X
X
X
98
Employee's Birthday
10
November 11 th, known as Veteran's Dav
X
x11''
Thanksgiving
X
XX
-12
Frida after Thanksgiving
X
X
X
x;13 „
The last half of the normal work shift before Christmas
X
X
X
December 25d'
X
X
X
Total Holidays
12.5
11.5
10.5
The holidays denoted in bold for the Electric Utility Senior System Operator will be
considered floating holidays in accordance with MOU Section 10.1, and the employee will
UPEC MOU Page 13
receive straight time pay for time worked on the floating holiday as outlined in Section 10.3.
The Senior System Operator will not be entitled to observe the employee's birthday.
10.6 Employees assigned to rotating shift work and the Senior System Operator are excluded from
requirements related to the alternate work schedule. The following applies to all other UPEC
members:
Employees who work an alternative work schedule commonly known as 9/80's will be
entitled to paid holiday for eight (8) hours, as applicable. If a holiday falls on a usual nine -
hour working day, one hour of vacation accrual, compensatory time or deferred holiday
accrual will be charged to make up the shortfall of the eight-hour holiday versus the nine hours
of missed work. If the employee has no vacation time, one extra hour at straight time must be
worked during that pay period. Employees will be required to revert back to a normal eight-
hour workday during double holiday pay periods (Thanksgiving and Christmas).
Employees assigned to work ten (10), or eleven (11) hour shifts shall revert back to a normal
eight-hour workday during the weeks in which holidays occur.
10.7 Employees may be scheduled to work on fixed holidays, in which event an employee will, in
addition to holiday pay, be compensated at the overtime rate of pay for all time worked on
such days. An employee may, however, elect to observe that holiday at another time, to be
scheduled in the same manner as vacation days are normally scheduled. In which event, the
employee will only be compensated for time worked on that day at the overtime rate of pay
and shall not receive holiday pay.
An employee must be in a paid status on both workdays immediately adjacent to the holiday
in order to receive overtime pay for the holiday.
SECTION 11
ADMINISTRATIVE LEAVE
11.1 Exempt employees may be eligible for paid time off per calendar year as indicated below:
11.2 Administrative leave is granted on the payroll period closest to January 1 and must be used
by the end of the calendar year or it is forfeited without compensation. No Administrative
Leave shall be carried over to the next calendar year, nor shall unused Administrative Leave
be converted to compensation.
11.3 Employees are to schedule administrative leave in the same manner as vacation with the
approval of their Supervisor.
11.4 Employees appointed to an exempt position after the first of the year may be granted leave on
a prorated basis. Administrative Leave balances may be adjusted when employees separate
employment prior to the end of the calendar year.
UPEC MOU Page 14
ADMINISTRATIVE LEAVE
WITH DEPARTMENT
WITH CITY MANAGER
MAY GRANTED TO.
;, DIRECTOR APPROVAU
APPROVAL
4BE
irl
Exempt employees:
Up to 40 Hours
Up to 80 Hours
11.2 Administrative leave is granted on the payroll period closest to January 1 and must be used
by the end of the calendar year or it is forfeited without compensation. No Administrative
Leave shall be carried over to the next calendar year, nor shall unused Administrative Leave
be converted to compensation.
11.3 Employees are to schedule administrative leave in the same manner as vacation with the
approval of their Supervisor.
11.4 Employees appointed to an exempt position after the first of the year may be granted leave on
a prorated basis. Administrative Leave balances may be adjusted when employees separate
employment prior to the end of the calendar year.
UPEC MOU Page 14
11.5 Administrative leave may not be taken for the purpose of outside employment or self
employment.
SECTION 12
BEREAVEMENT LEAVE
12.1 Regular 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 per incident, or up to five
(5) total work days in accordance with Government Code section 12945.7. Employees who
have exhausted their allowance of paid leave as provided in this section may request to utilize
sick leave vacation or compensatory time off or unpaid leave if the employee wants to take
additional time off up to the five (5) total work days of leave provided. Such bereavement
leave for immediate family as provided in this section need not be taken in consecutive days.
but must be used up within three (3) months of the date of the death of the immediate family
member. Subject to the approval of the Department Director, an employee may request to
take bereavement leave pursuant to this section beyond three (3) months of the date of the
death of the immediate family member.
12.2 "Immediate family" as used herein includes only employee's spouse or registered domestic
ap rtner; children, grandchildren, brothers, sisters, parents, or grandparents of either employee
or spouse/registered domestic partner; or other persons who are living in the employee's
immediate household or as otherwise provided by lay. The relationships included herein shall
apply whether by blood or marriage.
12.3 Regular 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 per
incident. A maximum of twenty-four (24) hours may be utilized for this type of leave in a
calendar year.
12.4 An employee must be in a paid status on both scheduled workdays immediately adjacent to
funeral leave in order to receive pay for such leave.
SECTION 13
JURY/WITNESS DUTY
13.1 A Regular employee who is summoned for jury duty and thus absent from the workplace will
be paid for the time lost at the employee's regular rate of pay.
13.2 Whenever any employee is subpoenaed to testify in court as a result of the employee's
employment and the employee is not an opposing party to the City, the employee shall be paid
for all regular time lost. Employees subpoenaed by the Court for matters unrelated to City
business must utilize vacation or other appropriate leave balances.
13.3 An employee must be in a paid status on both scheduled workdays immediately adjacent to
the jury duty in order to receive pay for such leave.
UPEC MOU Page 15
SECTION 14
LEAVES OF ABSENCE
14.1 A leave of absence may be granted to employees by the City Manager for urgent and
substantial reasons, up to a maximum of one year, providing satisfactory arrangements can be
made to perform the employee's duties without undue interference with the normal routine of
work. Employees in an initial probationary period, Part -Time or Temporary status, are not
eligible for leave of absence unless eligible pursuant to the Family Medical Leave Act or the
California Family Medical Leave Act.
(a) A leave 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.
(b) 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. An employee is required
to submit medical certifications as to the conditions necessitating the leave if the leave
is a result of exhaustion of sick leave. If the leave should exceed the initial request,
the employee is responsible for requesting additional time off and providing current
medical certifications and return to work dates. 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.
(c) An employee's status as a Regular employee will not be impaired by a leave of
absence.
(d) If an employee fails to return immediately on the expiration of the employee's leave
of absence or if the employee accepts other employment without prior City approval
while on leave, the employee will thereby forfeit the leave of absence and employment
with the City may be terminated.
(e) An employee on a leave of absence as provided herein shall not accrue vacation or
sick leave benefits nor maintain group health and welfare insurance coverage. An
employee may, if eligible, maintain group insurance coverage at the employee's
expense providing the full monthly premium is received by the City Treasurer 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 health insurance may be maintained for up to three (3)
calendar months on the normal premium -sharing formula, providing the employee
pays his/her employee's share of the premium on a timely basis.
UPEC MOU Page 16
14.4 Vacation Donation Program
(a) This program has been established to allow employees to donate accrued vacation hours
to eligible employees in need. The purpose of this program is to provide a means by which
the eligible employee may obtain authorized paid time off. Employees eligible for the
program must:
Be a Regular or Part -Time Regular employee already having completed an
initial probationary period;
2. Have a verifiable long-term illness or injury (non -work related). For this
program, long term is defined as no less than four (4) weeks in duration. It is
the employee's responsibility to complete and return a Request for Donation
form to the Personnel Department and attach to it a letter from a licensed
physician certifying that the employee has a long-term illness or disabling
injury of at least a four-week duration;
3. Not be eligible for long-term disability insurance benefits;
4. Have exhausted all accrued leaves, including advanced sick leave benefits,
resulting in the employee being in an unpaid status if on approved leave;
5. Have requested and exhausted a sick leave advance.
6. Have the concurrence of the Department Director and Personnel Director.
(b) Once an employee is determined eligible, a posting will be distributed and use of the
donated hours will start as soon as possible.
(c) When utilizing the donation program, recipients shall receive their normal regular rate
of pay, as if being on paid leave status. The benefit shall be payable on regularly
scheduled pay days. A minimum of twenty (20) hours per week must be utilized when
there are available balances. As with paid leave status, recipients shall continue to be
eligible to participate in the group health and welfare related benefits provided by the
City.
SECTION 15
INDUSTRIAL DISABILITY
15.1 A Regular employee, who has completed their initial probationary period, and who becomes
disabled as a result of a work-related injury or illness and is deemed eligible for benefits under
the Workers' Compensation and Insurance Chapters of the State Labor Code, shall receive
compensation at the rate of eighty-five percent (85%) of the employee's regular pay. This
payment shall be made in lieu of temporary disability payments, which would be paid under
the State Labor Code, for the period of disability not to exceed six (6) months. At the
conclusion of six (6) months of supplemental benefits at the eighty-five percent (85%) rate,
benefits are reduced to seventy percent (70%) of the employee's regular pay for an additional
six (6) month period. At any time the employee's injury/illness is determined to be permanent
and stationary or the employee is retired on a disability pension through Ca1PERS, eligibility
under this provision ceases.
UPEC MOU Page 17
In exchange for this benefit, the employee shall pay over to the City compensation received
as a result of the disability, whether from Workers' Compensation, State Disability Insurance
(SDI), employee group health and welfare insurance benefits or unemployment compensation
benefits. Privately secured insurance is excluded. The employee 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 the disability. In no event shall such payment from the employee to
the City from such sources exceed the amount of the supplemental benefits paid to the
employee by the City in accordance with the provisions of the above paragraph.
15.2 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, pursuant to
the City's Modified Duty Policy.
15.3 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 15.1 not already repaid from the other sources mentioned in 15.1 shall be
repaid to the City by the employee.
15.4 Vacation and sick leave shall accrue while an employee is absent from work and receiving the
supplemental benefits as set forth in 15.1. Regular and Part -Time Regular employees who are
not in a City -paid status and on leave receiving Workers' Compensation temporary disability
benefits, may, at their option, maintain their group health insurance coverage for up to a
maximum of a cumulative total of two (2) years, which includes the period in which the
employee is receiving supplemental disability benefits as set forth under 15.1, provided the
employee pays his or her normal share of the group health insurance program premium, if
any. Holidays which occur during the period for which an employee is receiving temporary
disability compensation shall not be recognized for compensation purposes.
SECTION 16
REIMBURSEMENT OF EXPENSES
16.1 To allow for a fair and equitable means of reimbursing expenses incurred while conducting
City business, i.e., traveling to authorized meetings, seminars, training sessions, luncheons
and other events approved by the Department Director, reimbursements will be at the rate
established within the Employment and Benefit Policies for Unrepresented Employees.
SECTION 17
EMPLOYEE GROUP HEALTH & WELFARE INSURANCE BENEFITS
17.1 Regular and Part -Time Regular employees are eligible to participate in the City's group health
and welfare insurance benefit program, which includes the medical, prescription, dental, vision,
life and long term disability insurance plans, effective the first day of employment. The City
shall pay the cost of the program for Regular employees and dependents as indicated below. If a
Part -Time Regular employee elects insurance coverage, premiums shall be shared by the City
and the employee on a pro -rated basis at the same ratio to full-time employee benefits as the
employee's work hours bear to full-time employees' work hours. The City and RTU agree to
reopen negotiations if any changes to the Affordable Care Act affect matters within the
scope of representation. Benefit highlights include:
UPEC MOU Page 18
(a) Life Insurance: Twice annual compensation. More specific benefit information is
provided in the carrier's booklet.
(b) Health Benefits: The City's contribution toward the monthly group health and welfare
insurance composite premium rate shall be eighty-fiveny percent (8510%) and the
employee will begin paying ten -fifteen percent (4-015%) of the rate through a bi-weekly
payroll deduction. The to per -cent (10'%) employee's co -share of premium will be
recalculated every January 1St to coincide with the renewal of the City's Group Health
Insurance Plan. The City has established a Section 125 Plan to redirect the portion of
the employee's salary to pay, on a pre-tax basis, the employee's contribution toward the
medical, prescription, dental and vision insurance composite premium rate.
The City will offer two health plans, a "Base Plan" and an optional "Buy Up Plan". All
eligible employees will be enrolled in the "Base Plan" and will have the option on a
voluntary basis to enroll in the "Buy Up Plan" initially, and during the open enrollment
period for each subsequent calendar year. EtTeetiveupon ti fieatian of the eentFaet4y
Ceunei6 eEligible employees that fail to complete the annual open enrollment will
automatically be placed in the group health insurance plan they were enrolled in the
previous year. Changes will be effective at the beginning of the following calendar year.
Effective calendar year 2024, 44ie7the City's contribution toward the monthly group health
and welfare insurance composite premium rate for the "Base Plan" shall be n-i-nety-ei h
percent (9080%) and the employee will pay ten twymy percent (4-020%) of the premium
rate through a bi-weekly payroll deduction. Employees electing to enroll in the "Buy Up
Plan" will be responsible for premiums beyond the City's contribution of 9080% of the
"Base Plan" composite rate.
AIIEffect+ve january 1 2020 a14 active employees will be able to select an optional high
deductible plan (medical and prescription only) as an additional lower cost option for
group health. The City will contribute a flat rate monthly amount, limited to the
amount of the City's contribution toward the "Base Plan", for the high deductible plan.
Retirees are not eligible for the high deductible plan. In an effort to minimize the impact
of annual composite premium increases and/or decreases for the employee, the rate
change will be limited to a maximum of twelve and one-half percent (12t/2%) per year
(or the actual percent increase in actual claim costs from the previous calendar year,
UPEC MOU Page 19
.._.
AN
.�
AIIEffect+ve january 1 2020 a14 active employees will be able to select an optional high
deductible plan (medical and prescription only) as an additional lower cost option for
group health. The City will contribute a flat rate monthly amount, limited to the
amount of the City's contribution toward the "Base Plan", for the high deductible plan.
Retirees are not eligible for the high deductible plan. In an effort to minimize the impact
of annual composite premium increases and/or decreases for the employee, the rate
change will be limited to a maximum of twelve and one-half percent (12t/2%) per year
(or the actual percent increase in actual claim costs from the previous calendar year,
UPEC MOU Page 19
whichever is lower). Teo e that the ninety p nt4e,n pe o.,* (90,04o/100,4e) ratio is -
maintained
In the event the composite premium rate change is less than 12'/2%, the employee's
percent of the rate shall be the actual percent change unless costs from the year before
need to be made up. The rate change will be limited to a maximum of twelve and one-
half (12 '/2%) of the "Base Plan" per year (or the actual percent increase in actual costs
from the previous calendar year, whichever is lower).
For specifics regarding the City's Group Health and Welfare Benefit Plan, refer to the
Benefit Summary Plan Description.
Employees with spousal coverage will be allowed to "opt out" of the City's group health
and welfare insurance coverage (cease paying their share of the premium). Employees
"opting out" of the City's group health benefits must provide proof of alternative health
care coverage on an annual basis during the open enrollment period.
(c) Prescription Benefits: Employee co -payments as shown in the following table:
q> - Current �I
Retail_(34 days' supply)Co Payment
Generic
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$10.00
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146
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44
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In the event the composite premium rate change is less than 12'/2%, the employee's
percent of the rate shall be the actual percent change unless costs from the year before
need to be made up. The rate change will be limited to a maximum of twelve and one-
half (12 '/2%) of the "Base Plan" per year (or the actual percent increase in actual costs
from the previous calendar year, whichever is lower).
For specifics regarding the City's Group Health and Welfare Benefit Plan, refer to the
Benefit Summary Plan Description.
Employees with spousal coverage will be allowed to "opt out" of the City's group health
and welfare insurance coverage (cease paying their share of the premium). Employees
"opting out" of the City's group health benefits must provide proof of alternative health
care coverage on an annual basis during the open enrollment period.
(c) Prescription Benefits: Employee co -payments as shown in the following table:
q> - Current �I
Retail_(34 days' supply)Co Payment
Generic
$10.00
Brand
$50.00
No Generic Available
$20.00
Matil (90 days' supply)
J +u.
Generic
$20.00
Brand
$100.00
No Generic Available
$40.00
Note: Maintenance medications (i.e. a medication taken longer than 60 days) that are
filled at the retail co -pay amount more than twice will be filled at the mail order co -
pay amount.
UPEC MOU Page 20
The premium cost of the Prescription benefit program is outlined under "Health
Benefits" above.
(d) Dental Benefits: The premium cost of the Dental benefit program is outlined under
"Health Benefits" above. For specifics regarding the City's Dental Plan, refer to the
Benefit Summary Plan Document.
(e) Long Term Disability: After three (3) months, sixty percent (60%) of employee's
compensation to a maximum of $5,000 per month integrated with all other income
benefits payable to age 65. As soon as administratively possible following approval
of this Agreement, the City will modify its policy to increase the above -referenced
maximum amount to $8,500 per month. More specific benefit information is provided
in the carrier's booklet.
(f) Vision Care: The premium cost of the Vision benefit program is outlined under "Health
Benefits" above. For specifics regarding the City's Vision Plan, refer to the Benefit
Summary Plan Document.
(g) Short — Term Disability: The City will administer employee -paid State Disability
Insurance for all employees should UPEC Technical Unit elect to participate in the
program.
17.2 Group Health Benefits at Retirement for Employees
(a) Tier I — Hired Prior to August 7, 2011
All active employees hired prior to August 7, 2011, who retire from the City with five
(5) or more years of City service (and eligible for Ca1PERS benefits upon separation
of service) shall be eligible for the City to pay a 50% proportionate share of costs of
the insurance premium should the active employee transitioning to retirement elect to
participate in the group health plan or the group health, dental and vision plan also
made available to active employees. To initially qualify for the benefit, the employee
must go directly from active status to retiree status with Ca1PERS. To maintain a
qualified status, and to continue to receive the benefit, the retiree must continue the
group medical insurance during retirement without a break in coverage. Payments by
the City will be discontinued upon termination of group medical insurance coverage
by the City retiree or loss of qualified status by the retiree. Following the death of a
retiree, the surviving spouse, if any, may continue the insurance and the City will
continue the benefit on the same terms and conditions for the life of the surviving
spouse. The City will not contribute payments on behalf of any retiree hired prior to
August 7, 2011 except as set forth above.
(b) Tier 2 — Hired On or After August 7, 2011
All active employees hired on or after August 7, 2011, who retire during the term of
this MOU and who have five (5) or more years of City service (and are eligible for
Ca1PERS benefits upon separation of service) shall be eligible for the City to pay a
proportionate share of the cost of the insurance premiums in accordance with the
following formula: two percent (2%) for every year of active service with the City of
UPEC MOU Page 21
Redding up to a maximum of fifty percent (50%) should the active employee
transitioning to retirement elect to participate in the group health plan or the group
health, dental and vision plan also made available to active employees. To initially
qualify for the benefit, the employee must go directly from active status to retiree status
with Ca1PERS. To maintain a qualified status, and to continue to receive the benefit,
the retiree must continue the group medical insurance during retirement without a
break in coverage and the retiree and their covered spouses who reach Medicare A/B
eligibility age must enroll in Medicare. Payments by the City will be discontinued
upon termination of group medical insurance coverage by the City retiree or loss of
qualified status by the retiree. Following the death a retiree, the surviving spouse, if
any, may continue the insurance and the City will continue the benefit on the same
terms and conditions for the life of the surviving spouse. The City will not contribute
payments on behalf of any retiree hired after August 7, 2011 except as set forth above.
(c) Retiring employees who were hired or who worked under a different Memorandum of
Understanding (MOU) or City Resolution than the one in effect at the time of
retirement shall be vested with the greatest retiree premium co -share formula in effect
and for which that employee qualified for during his or her term of employment.
(d) All retired employees participating in the group health plan will be enrolled in the "Base
Plan" and will have the option on a voluntary basis to enroll in the "Buy Up Plan"
initially, and during the open enrollment period for each subsequent calendar year.
Changes will be effective at the beginning of the following calendar year. The City shall
pay a proportionate share of the cost of the "Base Plan" insurance premiums as
outlined above in sections 14.2 (a) and 14.2 (b). Participating retired employees
electing to enroll in the "Buy Up Plan" will be responsible for premiums beyond the
City's contribution of the "Base Plan" composite rate. The City's proportionate share of
payments referenced above in 14.2 (a) and 14.2 (b) shall apply only to the premium for
the "Base Plan".
17.3 Regular employees are eligible to participate in the City's Deferred Compensation Plan
through voluntary payroll deductions from the employee's pay.
17.4 The City and the Union agree to reopen negotiations if any changes to the Affordable Care
Act affect matters within the scope of representation.
SECTION 18
RETIREMENT PROGRAM
18.1 All Regular, Part -Time Regular, and qualified Part -Time employees, are covered by the
California Public Employees' Retirement System (Ca1PERS) program.
18.2 Miscellaneous Employees
(a) Tier 1: Regular employees hired prior to January 1, 2013, and those considered to be
"Classic CalPERS Members" will be covered under the 2.0% at age 55 retirement
benefit formula with the 12 highest paid consecutive month's final compensation
provision. Employees will be covered by the Indexed level of 1959 Survivors' Benefit
Program (Government Code Section 21382.4), Survivor Continuance allowance; credit
UPEC MOU Page 22
for unused sick leave; and military service credit buy back option. The employee
contribution of seven percent (7%) of pensionable earnings will be paid by the
employee through a bi-weekly payroll deduction on a pre-tax basis. Regular employees
vested in Tier 1 who leave City employment and subsequently are rehired will be re-
employed with Tier 1 status for CalPERS benefits.
All CalPERS eligible Tier 1 employees agree to cost sharing of the CalPERS employer
contribution rate in accordance with Government Code Section 20516, effective
January 1, 2020. The additional contribution of pensionable earnings will be paid by
the employee through a bi-weekly payroll deduction on a pre-tax basis.
Employees have agreed to cost sharing of the contribution rate in accordance with
Government Code Section 20516 as follows:
• 1.275%. effective January 1, 2020 [total employee contribution of 8.275%]
• An additional .85 percent (.85%) for a total of 2.125 percent (2.125%),
effective as soon as administratively feasible after City Council approval of the
successor MOU [total employee contribution of 9.125%]_
inefease eantribution rate -to 1.275% (equal to 500; of aeffflal ees at the tifiie at
the tifne of agreeinent).
Except as provided below, the City will also provide employees hired prior to August
7, 2011, with the Public Agency Retirement System (PARS) 0.7% at age 55 retirement
benefit formula for each year of regular City Service, any prior CalPERS service and
CalPERS service credit purchased and credited to the employee's City of Redding
CalPERS account while an employee of the City as a supplement to the CalPERS
benefit, so long as the employee is vested with five (5) years of City service.
Effective July 2020 (First Pay period), all regular employees receiving the Public
Agency Retirement System (PARS) benefit will begin making an employee
contribution of 1.31% of pensionable earnings that will be paid by the employee
through a bi-weekly payroll deduction on a pre-tax basis.
Effective July 2022 (First Pay Period), all regular employees receiving the Public
Agency Retirement System (PARS) benefit will make an additional employee
contribution of 1.31 % for a total of 2.62% of pensionable earnings (equal to 50% of
normal cost at the time of agreement) that will be paid by the employee through a bi-
weekly payroll deduction on a pre-tax basis.
(b) Tier 2: Pursuant to the California Public Employees' Pension Reform Act of 2013
(PEPRA), employees hired on or after January 1, 2013, will be covered by the 2.0% at
age 62 retirement formula with the 36 highest consecutive months final compensation
provision as a "New CalPERS Member" if the employee 1) has not been a member of
a California Public Retirement System, or 2) had prior CalPERS/reciprocity service
with a break in service of six months or longer. Employees will be covered by the
Indexed level of 1959 Survivors' Benefit Program (Government Code Section 21382.4)
Survivor Continuance allowance; credit for unused sick leave; and military service
UPEC MOU Page 23
(c)
credit buy back option. Also pursuant to PEPRA, New CaIPERS Members will be
responsible for paying one-half of the total normal cost rate for the retirement benefit
on a bi-weekly pre-tax basis.
Employees hired on or after August 7, 2011, will not be eligible for the Public Agency
Retirement System (PARS) 0.7% at age 55 supplemental retirement benefit formula.
Part -Time and Temporary employees not included within Section 18.1 and 18.2
above shall be covered by the PARS -457 Plan. Participating employees will
pay half of the contribution or 3.75 percent (3.75%) for the benefit through a bi-
weekly payroll deduction on a pre-tax basis. The City will pay the remainder of the
contribution or 3.75 percent (3.75%).
SECTION 19
CONTINUING EDUCATION
19.1 Regular, non -probationary, employees who complete City approved courses taken for credit
with a passing grade may, upon application, be reimbursed for the tuition, cost of required
textbooks and required materials, including but not limited to computer software, calculators,
videos, but not to include incidentals such as paper, pens and pencils.
19.2 Employees must obtain prior approval from their Department Director. Effective upon
contract ratification by City Council, reimbursement under this program shall be limited to
four hundred dollars ($400.00) per course (semester/quarter).
SECTION 20
GRIEVANCE PROCEDURE
20.1 A grievance shall be defined as an allegation by the Union of a misinterpretation,
misapplication or violation of a particular provision of this MOU. Any grievance, which may
arise between the Union and the City, with respect to the interpretation or application of any
of the terms of this Memorandum of Understanding 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. 2012-091 are not a grievance. Work day as used in this Article Section
shall mean any day when City Hall is open to serve the public.
20.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between the
employee and/or Union business Business representative- or 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.
20.3 Step Two: If the grievance is not resolved in Step Onethep, the seEend next step shall
be a written presentation of the grievance to the Division Nead and a discussion between the
Union Business Representative or Shop Steward and the Division Hee next level management
representative, who shall answer in writing within ten (10) work days of the discussion. This
step shall be taken within ten (10) work days of the date of the immediate supervisor's answer
in Step One. .
UPEC MOU Page 24
20.34 Step TweThree: If a grievance is not resolved in the fifst stepSte Three, the seems -next step
shall be a written presentation of the grievance and a discussion
between the Union Business Representative or Shop Steward or union business .-epresentative
and the Department Director, who shall answer in writing within ten (10) work days of the
discussion. This step shall be taken within ten (10) work days of the date of the gni
�a,,n .o Biot ; n.. n c.,�o .,;�
�.ruu� next level management representatives answer in
Step Two.. applicable in Step One if the gfievaHee is not r elvea : stop two, the g
by
may vv
do appealed algid t„ Step Three within ton (10) . erk a .,�-a.c.
20.45 Step ThreeFour: If a grievance is not resolved in the seeend stepStep Three, the third next step
shall be a written presentation of the grievance to the City's reefseneel Director, and a
discussion between the Union's Business Representative and the Personnel Director. The
Personnel Director shall conduct an investigation and attempt to resolve the grievance. If no
resolution of the grievance is achieved, the Personnel Director 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
TweThree.
20.56 Step F-awFive: If a grievance is not resolved in the epStep Four, the €euAh next step
shall be the presentation of the grievance, in writing, by the Union's Business Representative
to the City Manager, or designee, who shall answer, in writing, within ten (10) work days. The
s-ix-thThis step shall be taken within ten (10) work days of the date of the Departnient Personnel
Director's answer in Step Th-reeFour.
20.67 Step FiwSix: If a grievance is not resolved in the fourth stepStep Five, the next step
shall be referral by either the City, or the Union, to mediation within twenty (20) work^
days of the answer in step fetwStep Five. Whenever a grievance is referred to mediation, either
the Union or the City may request, in writing, that the California State Mediation and
Conciliation Service refer a state mediator. The mediator shall assist the parties in the
resolution of the grievance in the same manner as that which is normally used in the mediation
of interest disputes. Referral to step sixStep Seven below shall not occur until a mediator has
released the parties from the mediation process. By mutual agreement of the parties Step Fie
Six may be waived.
20.7--8 Step Seven: If a grievance is not resolved in the fifth stepStep Six or in the event S"
that step is waived by mutual agreement of the parties, the sib next step shall be referral
by either- the City, or the Union; to arbitration. The seventliThis step shall be taken within
twenty (20) work days of the date the mediator has released the parties from the mediation
rp ocessof the answer in Step Five -Six or the date of the answer in Step Four Five in the event
Step Five -Six is waived by mutual agreement of the parties.
20.89 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 State Mediation and Conciliation ServiceS( MCS) 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
UPEC MOU Page 25
expenses of their respective appointees and witnesses. At Union's request, the City shall
release employees from duty to participate in arbitration proceedings.
20.110 The arbitrator shall hold such hearings and shall consider such evidence as
appears necessary and proper, or as may be stipulated by the parties. The arbitrator shall be
fully vested with the power to render a decision regarding interpretation of the contract, whose
decision shall be binding on both parties. However, the arbitrator may only order remedies
that are either stipulated for consideration by the parties or available to the Union pursuant to
the terms of the MOU. The arbitrator may order the City to cease and desist from any conduct
determined to be in violation of the MOU, but in no event shall the arbitrator have authority to
exercise management rights reserved to the City as a remedy. 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 simultaneously submit additional written argument prior
to the arbitrator's decision becoming final and binding on the parties. Any additional argument
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 provided that such
decision does not in any way add to, disregard or modify any of the provisions of this
Memorandum of Understanding.
20.4-011 Failure by the Union to meet any of the aforementioned time limits as set forth
in this Section 20.2, 20.2e -20T 20.5, 20.6,, or 20.7, will result in forfeiture of the grievance.
Failure by the City to meet any of the aforementioned time limits as set forth in this Sections
220.2, 20.3, 20.41 220.5,2 29 -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.
SECTION 21
DISCIPLINARY APPEAL
21.1 Any grievanee,1A,hich may afise betwee aA Regular or Part -Time employee and the City +�
respeet4emayappeal a final Notice of Discipline involving discharge, demotion, suspension,
or loss of pay of an individual employee, haall be deter ed -by the (pursuant to
the following disciplinary appeal procedure. Probationary employees shall not be entitled to
invoke the appeal procedure with regard to matters of discharge or demotion. Appeal -e€
diseiplinar�,= aetions will begin at the Depai4fflent Direeter level—Work day as used in this
Section shall mean ariy day when City Hall is open to serve the public.
21.2 Step +One: The initial step in the resolution of ^ grie e shall be the presentation of the
grievaneedisciplinary appeal, in writing, to the Department Director, within ten (10) calenda
work days of receiving a Notice of Discipline. If the Department Director issued the Notice
of Discipline. then the initial stew of the discinlinary aooeal will begin at Sten Two. The
Department Director shall answer in writing within ten (10) ealendar-work days.
21.3 Step 2:Two If a gfievaneethe disciplinary p_peal is not resolved in the initial ste Step One,
the seeend next step shall be the presentation of the grie disciplinary appeal, in writing,
to the Personnel Director, who shall conduct an investigation and attempt to resolve the
UPEC MOU Page 26
grievaneeappeal. If no resolution of the gfievane"isciplinary appeal is achieved, the
Personnel Director shall provide the employee with the City's answer to the gFieVeal
in writing. This step shall be taken within ten (10)calendar work days of the date of the
Department Director's answer to Step One.
21.4 Step Three: If a grie �aethe disciplinary appeal is not resolved in the initial stepStep Two,
the seeend next step shall be the presentation of the grie=v-aneedisciplinary appeal, in writing,
to the City Manager or designee, who will answer, in writing, within ten (10) calendar -work
days. This step shall be taken within ten (10) ealefAarwork days of the date of the answer to
Step Two.
21.5 Step 4Four: If agrievaneethe disciplinary appeal is not resolved in th�PStep Three,
the fourth next step shall be the referral of the matter to mediation by either party within
twenty (20)^work days of the answer to Step Three. Whenever a grievance is referred
to mediation, either the employee or the City may request that the California State Mediation
and Conciliation Service SMCS refer a state mediator. The mediator shall assist the parties
in the resolution of the grievance in the same manner as that which is normally used in the
mediation of interest disputes. Referral to Step Five shall not occur until the mediator has
released the parties from the mediation process. By mutual agreement of the parties, Step
Four may be waived.
21.6 Step 5Five: If agrfeNuneethe disciplinary appeal is not resolved in the fourth stepStep Four
of this procedure Step Th or in the event Step 2ewthat step was waived by mutual
agreement of the parties, the #i-fth-next step shall be referral by ether the City -or -the employee
to arbitration. The fifth step shall be taken within twenty (20) ^work days of the date
the mediator has released the parties from the mediation process in Step Four or the date of
the answer to Step FeutThree in the event Step Four is waived by mutual agreement of the
ap rties.
(a) An Arbitrator shall be appointed on each occasion that a gfievaflee disciplinary Vpeal
is submitted to arbitration. The Arbitrator shall be chosen by mutual agreement of the
City and employee. In the event that City and the employee or their representative are
unable to agree on the selection of an Arbitrator, they shall request the Stag
California rni Medi ,tio and r,.neiliati n Service to n ateSMCS provide a list of five
(5) persons to be the Arbitrator. The City and the employee or their representative 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 their compensation and expenses shall be borne equally by the City and the
employee. Notwithstanding the foregoing, the City and the employee may, by mutual
consent, agree on a single arbitrator to hear the disciplinary_appeal, on the
same cost sharing basis. The City and the employee shall pay the compensation and
expenses of their respective witnesses. At the employee's or their representative's
request, the City shall release employees from duty to participate in arbitration
proceedings.
(b) The Arbitrator shall hold such hearings and shall consider such evidence as to the
Arbitrator appears necessary and proper, or as may be stipulated by the parties. The
Arbitrator shall be fully vested with the power to render a decision regarding whether;
1) a workplace rule, regulation or policy was violated by the employee; and; 2) whether
the discipline imposed by the City is appropriate. The Arbitrator shall have the
UPEC MOU Page 27
authority to modify the discipline imposed by the City provided that such decision
does not in any way add to, disregard or modify any of the provisions of City policies,
resolutions or ordinances. The decision of the Arbitrator shall be final and binding on
City and the employee.
21.7 Failure by the employee to meet any of the aforementioned time limits as set forth in Steps 1,
2, 3, fi and 5this Section will result in forfeiture and waiver of any ppeal of their disciplinary
action. If the City fails to answer a grievance—disciplinary appeal step on a timely basis, the
grie -appeal may be advanced to the next step, except, however, that the aforementioned
time limits may be extended by mutual agreement. Gr settled by
forfeiture shall not bind either party to an interpretation of City policies, practices, resolutions
or ordinances, nor shall such settlements be cited by either party as evidence in the settlement
of subsequent gr-ieva+e€-sdisciplinary appeals.
SECTION 22
SENIORITY
Seniority is defined as total length of continuous service with the City except for the purpose of
promotion and transfer as outlined in Section 22. 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
Continuitv 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 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.
SECTION 2223
PROMOTION AND TRANSFER
22.1 All promotions and transfers shall be in accordance with standards and procedures as
determined by the City.
22.2 All promotions and transfers of employees covered by the Memorandum of Understanding
shall be on a probationary basis for one (1) full year. At any time during the probationary
period, of the City may terminate the appointment. If an appointment is terminated, the
employee shall be returned to either the employee's previous classification and pay rate, or
some other classification that is mutually acceptable to the employee and the City, except
UPEC MOU Page 28
whenever the City discharges the employee from employment with the City while serving a
probationary period. Any unpaid absences during a probationary period shall cause the
probationary period to be extended by the length of the absence.
SECTION -324
DEMOTION AND LAYOFF
23.1 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.
23.2 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.
23.3 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.
Re-employment shall be based upon the laid -off employee's ability to meet current
employment standards. If an employee does not accept re-employment, the employee's
name shall be removed from the re-employment list and the employee shall no longer have
re-employment rights.
23.4 Notwithstanding the provisions of this Article, the City and the Union may agree to
other procedures during the term of this Memorandum of Understanding.
SECTION -2425
SEVERABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of
competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of
Understanding shall be null and void but such nullification shall not affect any other provisions of
this Memorandum of Understanding, all of which other provisions shall remain in full force and
effect.
SECTION X26
FULL UNDERSTANDING, MODIFICATION, WAIVER
2-526.1 This Agreement sets forth the full and entire understanding of the parties regarding the
matters set forth herein, and any other prior or existing understanding or agreements by the
parties, whether formal or informal, regarding any such matters are hereby superseded or
terminated in their entirety.
2-526.2 It is agreed and understood that each party voluntarily and unqualifiedly waives its right to
negotiate, and agrees that the other party shall not be required to negotiate, with respect to
any matter covered herein, except as provided in this Agreement. Both parties acknowledge
that such waiver and relinquishment as set forth above carries with it the commensurate
prohibition for either party to effect a unilateral change in an employment condition falling
UPEC MOU Page 29
within the scope of negotiations under Government Code Section 3500 et seq., including a
prohibition on unilateral change to any adopted personnel rule or policy in effect at the time
this MOU is ratified, such as the City's Pay for Performance Policy or the Conduct and
Honesty Policy.
2--526.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained in the agreement shall in any manner be binding upon the
parties unless made and executed in writing by all parties, and if required, approved by the
CITY and ratified by the membership of the UNION.
SECTION X27
DURATION
This Memorandum of Understanding shall be effective August 16, 2023 , _ , except for
those provisions of the Memorandum of Understanding which have been assigned other effective
dates as here in above set forth and shall remain in full force and effect to and including June 30, 2026
jure -30, 2024. The City will meet and begin bargaining with the Union bargaining team for a
successor MOU on or around March 1, 28242026.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the date
as noted below, this-���
CITY OF REDDING
Gage Dungy, Negotiator
Date
UNITED PUBLIC EMPLOYEES OF
CALIFORNIA, LOCAL 792
Ron Copeland, Labor Representative
Date
UPEC MOU Page 30