RES-2013-087RESOLUTION NO 2013- 087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING
A MEMORANDUM OF UNDERSTANDING ESTABLISHING
TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS
REPRESENTED BY THE INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCAL 47
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer -
employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires Memorandum of Understanding to
be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on June 13, 2013 between the International
Brotherhood of Electrical Workers, Local 47, and the City of Anaheim in the best interest of the
City of Anaheim.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that
the Memorandum of Understanding between the International Brotherhood of Electrical
Workers, Local 47, and the City of Anaheim executed by the City Management Representative
and the International Brotherhood of Electrical Workers, Local 47, on June 13, 2013, as set forth
in the document attached hereto and incorporated by reference herein, be and the same is
hereby adopted and that the effective date of such Memorandum of Understanding shall be
January 3, 2013 through January 2, 2014.
BE IT FURTHER RESOLVED that Resolution No. 2009 -147 is hereby repealed effective
January 3, 2013.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 18 day of June, 2013 by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None el /
MAYOR OF THE CITY OF ANAHEIM
ATTEST: 1�
CITY CLERK OF THE CITY OF ANAHEIM
F:\OT6086CS.DOC
MEMORANDUM OF UNDERSTANDING
between the
INTERNATIONAL BROTHERHOOD
ELECTRICAL WORKERS
LOCAL 47
and the
CITY OF ANAHEIM
January 3, 2013 through January 2, 2014
TABLE OF CONTENTS
PAGE
ARTICLE 1
PREAMBLE
1
ARTICLE 2
PURPOSE
1
ARTICLE 3
UNION RECOGNITION
1
ARTICLE 4
SCOPE
1
ARTICLE 5
MANAGEMENT RIGHTS
2
ARTICLE 6
EMPLOYEE RIGHTS
2
ARTICLE 7
NOTIFICATION
3
ARTICLE 8
CONSULTATION
3
ARTICLE 9
MEET AND CONFER
3
ARTICLE 10
MEMORANDUM OF UNDERSTANDING
4
ARTICLE 11
DISCUSSION
4
ARTICLE 12
CHECK OFF
4
ARTICLE 13
UNION ORGANIZATION
4
COMPENSATION & PAY PROVISIONS
ARTICLE 14
COMPENSATION
6
ARTICLE 15
CLASSIFICATION
7
ARTICLE 16
APPROPRIATE SALARY STEP
7
ARTICLE 17
SALARY RELATIONSHIPS
9
ARTICLE 18
HOURS OF WORK AND PAY DAY
11
ARTICLE 19
ADJUSTED HOURS
12
ARTICLE 20
TEMPORARTY UPGRADE
12
EMPLOYMENT PROVISIONS
ARTICLE 21
PAYROLL DEDUCTIONS
13
ARTICLE 22
GENERAL
14
ARTICLE 23
APPOINTMENTS & PROMOTIONS
15
ARTICLE 24
EMPLOYMENT LISTS
16
ARTICLE 25
PROBATION
17
ARTICLE 26
OUTSIDE EMPLOYMENT
17
ARTICLE 27
SERVICE AWARDS
18
ARTICLE 28
TRAINING
18
ARTICLE 29
SUSPENSION. DEMOTION AND DISMISSAL
18
ARTICLE 30
REASSIGNMENT, LAYOFF AND RE- EMPLOYMENT
19
ARTICLE 31
TRANSFER
21
ARTICLE 32
REINSTATEMENT
22
ARTICLE 33
VOLUNTARY DEMOTION
22
LEAVE PROVISIONS
ARTICLE 34
BEREAVEMENT LEAVE
23
ARTICLE 35
HOLIDAYS
24
ARTICLE 36
INDUSTRIAL ACCIDENT LEAVE
25
ARTICLE 37
JURY DUTY AND COURT APPEARANCES
26
ARTICLE 38
LEAVE WITHOUT PAY
26
ARTICLE 39
MILITARY LEAVE
27
ARTICLE 40
SICK LEAVE
27
ARTICLE 41
VACATION
31
PREMIUM PAY PROVISIONS
ARTICLE 42
OVERTIME
33
ARTICLE 43
BILINGUAL PAY
35
ARTICLE 44
CALL -OUT
35
ARTICLE 45
DISTRIBUTION
36
ARTICLE 46
METER READER RULES
36
ARTICLE 47
PLANNED OVERTIME
37
ARTICLE 48
SHIFT DIFFERENTIAL
37
ARTICLE 49
SHORT SHIFT CHANGE
38
ARTICLE 50
REST PERIOD
38
ARTICLE 51
TRAVEL AND MILEAGE EXPENSE
39
WORK RULES
ARTICLE 52
MEALS
40
ARTICLE 53
POLE SWITCH OPERATION
42
ARTICLE 54
UTILITY DEPARTMENT ELECTRIC CREW MAKEUP
AND ASSIGNMENT
42
ARTICLE 55
LAMP REPLACEMENT
44
ARTICLE 56
REPLACEMENT OF TOOLS
44
ARTICLE 57
FITNESS FOR DUTY
46
ARTICLE 58
STANDBY DUTY
46
ARTICLE 59
PROJECT BASED WORK ASSIGNMENTS
46
ARTICLE 60
WATER INCENTIVE PAY PROGRAM
47
ARTICLE 61
SAFETY BOOT ALLOWANCE
49
ARTICLE 62
HIGH VOLTAGE HAZARD PAY
50
ARTICLE 63
NERC CERTIFICATION PAY PROGRAM
51
MISCELLANEOUS
ARTICLE 64
GRIEVANCE PROCEDURE
52
ARTICLE 65
INSURANCE - ACTIVE EMPLOYEES
55
ARTICLE 66
POST RETIREMENT MEDICAL BENEFITS
60
ARTICLE 67
PHYSICAL EXAMINATIONS
62
ARTICLE 68
SAFETY COMMITTEE
iii
63
ARTICLE 69
JOINT COMMITTEE ON MEDICAL PROGRAMS
63
ARTICLE 70
AGENCY SHOP
64
ARTICLE 71
NOTIFICATION OF CONTRACTING OUT
64
ARTICLE 72
NO STRIKE
64
ARTICLE 73
CONSTRUCTION
64
ARTICLE 74
SAVINGS CLAUSE
65
ARTICLE 75
DURATION
66
APPENDIX "A" SPECIAL PROVISIONS
APPENDIX "A" WAGES
APPENDIX "B" ELECTRIC CREW SUPERVISOR TRANSITION
LETTER OF CLARIFICATION regarding Utilities System Operator Alternate
Work Schedule
IV
ARTICLE 1
PREAMBLE
1.1 The wages, hours and conditions of employment that are set forth in this
Memorandum have been discussed and jointly proposed by and between the
City of Anaheim (hereinafter called "ANAHEIM ") and Local Union No. 47,
International Brotherhood of Electrical Workers AFL -CIO (hereinafter called
"UNION ") and shall apply to all the employees of ANAHEIM working in the
classifications set forth in Appendix "A."
1.2 The terms and conditions of employment that are set forth in the Memorandum
have been discussed in good faith between the staff officials of ANAHEIM and
the UNION. The UNION agrees to recommend acceptance by its members of all
of the terms and conditions of employment as set forth herein, and the staff
officials of ANAHEIM agree to recommend to the Anaheim City Council that all of
the terms and conditions of employment as set forth be incorporated in full in a
resolution of the City Council. Upon adoption of such a resolution, all the terms
and conditions of this Memorandum so incorporated shall become effective
without any further action by either party.
ARTICLE 2
PURPOSE
2.1 The objectives of the parties to this Memorandum are to promote full
communication between ANAHEIM and its employees and to promote the
improvement of employer - employee relations within the municipal government by
providing a uniform basis for recognizing the right of employees to join
organizations of their own choice and be represented by such organizations in
their employment relationships with ANAHEIM.
ARTICLE 3
UNION RECOGNITION
3.1 ANAHEIM hereby recognizes UNION as the bargaining representative for all its
members to the fullest extent allowable under California law applying to public
employees. As public employees, such employees shall have the right to
discuss individual problems of employment with ANAHEIM, provided that upon
request of the employee, UNION shall be kept fully informed and have the right
to be present at all such meetings between ANAHEIM and the individual.
ARTICLE 4
SCOPE
4.1 All officers and positions of ANAHEIM are divided into the classified service and
the exempt service. The exempt service shall include the following:
4.1.1 All elected officials and members of boards and commissions.
4.1.2 The Anaheim City Manager, the Anaheim City Attorney, the Anaheim City
Treasurer and the Anaheim City Clerk.
4.1.3 Volunteer personnel and personnel appointed to serve without pay.
4.1.4 Architects, consultants, counsel, and others rendering temporary
professional service.
4.1.5 Such positions involving seasonal or part-time employment as may be
specifically placed in the exempt service by the Human Resources
Director.
4.2 The classified service shall include all other positions that are not specifically
placed in the exempt service by this ARTICLE.
4.3 The provisions of this ARTICLE and Memorandum shall apply only to the
classified service unless otherwise specifically provided.
ARTICLE 5
MANAGEMENT RIGHTS
5.1 Management retains, exclusively, all its inherent rights, functions, duties, and
responsibilities except where specifically limited in this document. The rights of
Management include, but are not limited to, the exclusive right to consider the
merits, necessity or organization of any service or activity provided by law, or
administrative order; determine the mission of its constituent departments,
commissions and boards; set standards of service, determine the procedures
and standards of selection for employment and promotion; direct its employees;
take disciplinary action; relieve its employees from duty because of lack of work
or for other legitimate reasons; maintain the efficiency of ANAHEIM's operations;
determine the methods, means and personnel by which ANAHEIM's operations
are to be conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its
work.
ARTICLE 6
EMPLOYEE RIGHTS
6.1 Employees shall have all rights granted to public employees under California law.
Employees shall have the right to form, join, and participate in the activities of
employee organizations of their own choosing for the purpose of representation
on all matters of employer - employee relations. Employees also have the right to
refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employment relations
with ANAHEIM. No employee shall be interfered with, intimidated, restrained,
coerced, or discriminated against by ANAHEIM or by any employee organization
because of his /her exercise of these rights.
2
ARTICLE 7
NOTIFICATION
7.1 Reasonable written notice shall be given by the Anaheim City Management
Representative to the affected UNION, of any proposed ordinance, resolution,
rule or regulation directly relating to matters within the scope of representation to
be presented to the Anaheim City Council for determination, and the UNION shall
be given the opportunity to meet with the Anaheim City Management
Representative prior to submission to the Anaheim City Council for
determination.
7.2 In cases of emergency when the Anaheim City Council determines that an
ordinance, resolution, rule or regulation must be adopted immediately without
prior notice or meeting with the UNION, the Anaheim City Management
Representative shall provide such notice at the earliest practicable time following
the adoption of such ordinance, resolution, rule or regulation.
ARTICLE 8
CONSULTATION
8.1 The Anaheim City Management Representative, after consultation in good faith
with representatives of UNION, may recommend adoption of reasonable rules
and regulations for the administration of employer - employee relations. The
Anaheim City Management Representative shall consult in good faith with
representatives of UNION on employer - employee relations matters which affect
them, including those that are not subject to meeting and conferring.
ARTICLE 9
MEET AND CONFER
9.1 The Anaheim City Management Representative and representatives of UNION,
shall have the mutual obligation personally to meet and confer in order to
exchange freely information, opinions and proposals and to endeavor to reach
agreement on matters within the scope of representation. Nothing herein
precludes the use of any impasse procedure authorized by law whenever an
agreement is not reached during the meeting and conferring process and the use
of such impasse procedure is mutually agreed upon by the Anaheim City
Management Representative and UNION.
9.2 The Anaheim City Management Representative shall not be required to meet and
confer in good faith on any subject pre - empted by Federal or State Law or by the
Anaheim City Charter nor shall he /she be required to meet and confer in good
faith on Management or Employee Rights as herein defined. Proposed
amendments to this ARTICLE are excluded from the scope of meeting and
conferring.
3
ARTICLE 10
MEMORANDUM OF UNDERSTANDING
10.1 When the meeting and conferring process results in agreement between the
Anaheim City Management Representative and UNION, such agreement shall be
incorporated in a written Memorandum of Understanding, and signed by the
Anaheim City Management Representative and UNION representatives. The
matters incorporated in the memorandum shall be presented to the Anaheim City
Council, or its statutory representative, for determination.
ARTICLE 11
DISCUSSION
11.1 It is the intent of both parties to maintain an open line of communication for the
betterment of employer - employee relations. Any issue not pertaining to
grievances or grievable issues may be discussed by UNION or ANAHEIM at
either party's request.
11.1.1 ANAHEIM and UNION agree that either party may raise, at any time, the
issue of a modified workweek under the provisions of this ARTICLE.
11.2 A party requesting a discussion may orally or in writing notify the other party of
the subject to be discussed. Thereafter a meeting shall be promptly arranged at
which meeting not more than two (2) UNION members and the Business
Manager or Business Representative of the UNION may be present.
11.3 If the parties are not able to resolve the issues after three (3) meetings, the
issues will be considered dropped, unless both parties agree to meet additional
times.
ARTICLE 12
CHECK -OFF
12.1 ANAHEIM agrees to check -off for the payment of the regular monthly UNION
dues and the regular UNION initiation fee, and to deduct such payments from the
wages of all UNION members and employees when authorized to do so by said
members and employees, and remit such payments to the UNION in accordance
with the terms of signed authorizations of such members and employees. The
deduction of such dues and initiation fees, the remittal of same by ANAHEIM to
the UNION, shall constitute payment of said dues and initiation fees by such
members and employees of the UNION.
ARTICLE 13
UNION ORGANIZATION
13.1 The UNION representatives are those elected or appointed in accordance with
the constitution and bylaws of the UNION. ANAHEIM recognizes the UNION's
right to appoint shop stewards.
4
13.1.1 The UNION shall notify the Anaheim City Management Representative, in
writing, of the names and job class titles of its officers, shop stewards and
other representatives each time an election is held or new appointments
are made.
13.1.2 An employee elected or appointed as an officer or shop steward of the
UNION shall be required to work full time in his or her respective job class
and shall not interrupt the work of other employees.
13.2 Officers and representatives (subject to the provisions of ARTICLE 3 — UNION
RECOGNITION) of the union shall be permitted to visit employee work locations
for the purposes of observing conditions under which employees are working,
provided such visit shall not interrupt the work of such employees, or interfere
with the normal operations of the department or with established safety
requirements.
13.2.1 Such officers and representatives shall not enter any work location
without the knowledge of the department head, division head, or other
appropriate supervisor.
13.2.2 Solicitation of membership and all activities concerned with the internal
management of the UNION, such as collecting dues, holding membership
meetings, preparation of petitions or grievance material, preparation of
proposals, campaigning for office, conducting elections and distributing
literature, shall not be conducted during working hours.
13.3 In the event that UNION Is formally meeting and conferring with representatives
of ANAHEIM on matters within the scope of representation during regular
ANAHEIM business hours, a reasonable number of officers, shop stewards or
other representatives of UNION shall be allowed reasonable time off without loss
of compensation or other benefits.
13.3.1 Such officers, shop stewards, and representatives shall not leave their
duty or workstation or assignment without the knowledge of the
department head, division head or other appropriate manager or
supervisor.
13.3.2 Such meetings are subject to scheduling in a manner consistent with
operating needs and work schedules.
13.4 ANAHEIM shall furnish portions of bulletin boards at mutually agreeable, specific
locations for the purpose of posting notices pertaining to UNION business.
13.4.1 All materials must be dated and must identify the UNION.
13.4.2 ANAHEIM reserves the right to determine what reasonable portion of
bulletin boards is to be allocated for UNION materials.
13.4.3 If the UNION does not abide by these provisions, it will forfeit its right to
have materials posted on ANAHEIM's bulletin boards.
;1
13.5 ANAHEIM shall allow UNION to conduct meetings in Anaheim facilities.
13.5.1 Such meetings shall be scheduled in accordance with regulations
governing use of public meeting rooms at ANAHEIM facilities.
13.6 Effective March 12, 1986, ANAHEIM and UNION agree to the following:
13.6.1 ANAHEIM will pay the regular hourly rate for regularly scheduled work
hours for five (5) committee members, when they are attending the meet
and confer sessions.
13.6.2 ANAHEIM will pay employees who are released from work for UNION
business at UNION expense and will bill the UNION at the employee's
regular rate of pay.
13.6.3 On days when UNION and ANAHEIM schedule meet and confer sessions
shift workers on the bargaining committee will be scheduled to work the
day shift.
13.6.4 When ANAHEIM employees are off work for Union business at Union
expense, ANAHEIM and UNION will jointly and severally be responsible
for Workers' Compensation and General Liability.
ARTICLE 14
COMPENSATION
14.1 The Anaheim City Management Representative shall be responsible for
recommending wages, rates, and salary schedules for each job class in
Appendix "A."
14.2 Prior to any such recommendations, the Anaheim City Management
Representative and representatives of UNION shall meet and confer in good faith
to endeavor to reach agreement on matters concerning wages, hours, and other
terms and conditions of employment in classifications represented by UNION.
14.3 At such time as agreement is reached for such classifications, the Anaheim City
Management Representative and UNION shall jointly submit a written
memorandum of such understanding, which shall not be binding, to the Anaheim
City Council for determination.
14.4 Wages for the various classifications shall be set forth in Appendix "A" attached
to this Memorandum and by this reference made a part hereof. The Anaheim
City Management Representative will not recommend any revision or
modifications to this Memorandum without first consulting on such
recommendations with UNION.
14.5 The parties acknowledge that ANAHEIM intends to base future negotiating
strategies upon the principle of differential adjustments and the UNION will
maintain its position of across the board, non - differential bargaining.
0
ARTICLE 15
CLASSIFICATION
15.1 The Human Resources Director shall be responsible for recommending
classification of all positions in the classified service on the basis of the kind and
level of the duties and responsibilities of the positions, to the end that all
positions in the same class shall be sufficiently alike to permit use of a single
descriptive title, the same qualification requirements, the same test of
competence, and the same salary schedule.
15. 1.1 A job class may contain one or more positions.
15.1.2 Classification of all positions in the classified service shall require
approval of the Anaheim City Manager.
15.2 A position may be reclassified on the basis of changes in or re- evaluation of the
duties, responsibilities, and /or qualification requirements of the position.
15.2.1 The Human Resources Director shall be responsible for recommending
such reclassification as he /she finds to be necessary.
15.2.2 A reclassification shall become effective upon action by the Anaheim City
Manager on a Personnel Action Form.
15.2.3 Incumbents may or may not be reclassified with their position, based
upon the recommendation of the Human Resources Director, the
appropriate department head, and the approval of the Anaheim City
Manager.
ARTICLE 16
APPROPRIATE SALARY STEP
16.1 Regular, full -time employees shall be eligible for consideration for merit pay
increases as follows:
16. 1.1 To the 4 th step of the salary schedule after completion of six (6) months of
service in the 3 rd step.
16.1.2 To the 5 th step after completion of six (6) months of service in the 4 th step.
16.1.3 To the 6 th step after completion of six (6) months of service in the 5 th step.
16.1.4 To the 7 th step after completion of six (6) months of service in the 6 th step.
16.1.5 To the 8 th step after completion of one (1) year of service in the 7 th step,
except as provided in Section 16.1.8.
16.1.6 To the g th step after completion of one (1) year of service in the 8 th step,
except as provided in Section 16.1.8.
7
16.1.7 In such cases as may occur wherein an employee shall demonstrate
exceptional ability and proficiency in performance of his /her assigned
duties, said employee may be given a special merit advancement to the
next higher step without regard to the minimum length of service
provisions contained in this ARTICLE upon the approval of the
employee's department head.
16.1.8 Certain job classes shall be designated by an "S" before schedule
numbers. Employees in these classes shall be eligible for consideration
for merit pay increases to the 8 th step after completion of six (6) months of
service in the 7 th step. They shall be eligible for consideration for merit
pay increases to the 9 th step after completion of six (6) months of service
in the 8 th step.
16.2 Merit pay increases shall be granted upon approval of the employee's
department head for continued meritorious and efficient service and continued
improvement by the employee in the effective performance of the duties of
his /her position.
16.2.1 The effective date of the merit pay increases shall be the first day of the
pay period following approval as provided in Section 16.1 and completion
of the minimum required service in the next lower step as provided in
Section 16.1.
16.3 An employee may be reduced by one or more steps on the basis of
unsatisfactory work performance or conduct. Such action shall require approval
of the employee's department head and the Human Resources Director will be
notified prior to final action being taken.
16.3.1 The employee may be returned to his /her former salary step at such time
as deemed appropriate.
16.4 Newly hired employees shall normally be compensated at the lowest step of the
salary schedule of the job class for which they were hired. ANAHEIM may hire at
a higher step in the salary schedule.
16.4.1 The provisions of this ARTICLE shall also apply to re- employed and
reinstated employees.
16.5 An incumbent employee reclassified with his /her position to a lower job class
shall retain his /her rate of pay and his /her anniversary date for purposes of merit
pay increases, or shall be placed in the step of the lower salary schedule closest
to his /her rate of pay. If the 9 th step of the salary schedule of the lower job class
is lower than the incumbent's rate of pay, the rate of pay shall be identified as the
"Y" step of the lower salary schedule. An employee compensated at the "Y" step
because of a downward reclassification shall remain in the "Y" step, until such
time as his /her job class is assigned to a salary schedule in which the 9 th step is
equivalent to or higher than the "Y" step, at which time the employee shall be
placed in the 9 th step.
16.6 An incumbent employee reclassified with his /her position to an equivalent job
class shall retain his /her rate of pay and his /her anniversary date for purposes of
merit pay increases.
16.7 An employee who is promoted or reclassified with his /her position to a higher job
class shall be placed in the step of the higher salary schedule that will provide a
pay increase not less than 4 %, except when the 9 th step of the higher salary
schedule provides a pay increase of less than 4 %, or when the entry-step of the
higher salary schedule is more than 4% higher than the employee's current rate
of pay. The employee shall be given a new anniversary date for purposes of
merit pay increases in accordance with the provisions of Section 16.1.
16.7.1 An employee promoted to a formal apprenticeship classification may be
appointed above the entry level step and may remain in the step to which
he /she is appointed longer than the time provided in Section 16.1.
16.7.2 An employee promoted in accordance with the appropriate
Apprenticeship Agreement from the apprentice classification to the
journey level classification shall be placed in the 9 th step of the higher
salary schedule.
16.8 An employee who is demoted shall be placed in the step of the lower salary
schedule that will provide a reduction in pay of not less than 4 %. The employee
shall be given a new anniversary date for purposes of merit pay increases in
accordance with the provisions of Section 16.1.
16.9 An employee in a job class which is assigned to a different salary schedule as a
result of a pay adjustment shall retain his /her same salary step status in the
newly authorized salary schedule and shall retain the same anniversary date for
purposes of merit pay increases.
16.10 When more than one personnel action involving changes in an employee's salary
step status become effective on the same day, all such changes shall be in
accordance with the provisions of the preceding paragraphs of this ARTICLE,
and shall take place in the following order of precedence: (1) adjustment to same
salary step in a new salary schedule; (2) merit pay or reduction in step; (3)
promotion, demotion, or reclassification.
ARTICLE 17
SALARY RELATIONSHIPS
17.1 ANAHEIM and UNION agree that wages for all classifications represented by
UNION shall be based on the salary relationships shown below:
UTILITIES AUTOMATED SYSTEMS SPECIALIST (100 %)
Utilities Automated Systems Support Rep (87.5 %)
ELECTRICAL UTILITY INSPECTOR
Senior Electrical Utility Inspector (115 %)
Senior Water Utility Inspector (115 %)
0
Water Utility Inspector (100%
FACILITY AND EVENT ELECTRICIAN (100 %)
Apprentice HVAC Mechanic (85 %)
HVAC Mechanic (100 %)
Lead Facility and Event Electrician (110 %)
Lead HVAC Mechanic (110 %)
LINE MECHANIC (100 %)
Apprentice Line Mechanic (85 %)
Apprentice Utilities Systems Operator (85 %)
Electric Crew Supervisor (117 %)
Electrical Helper (70 %)
Line Crew Supervisor (117 %)
Service Crew Supervisor (112 %)
Toolroom Technician (100 %)
Utilities Systems Operator (107 %)
Utilities Systems Operator in Training (85 %)
Utilities Troubleshooter (107 %)
Utilities Troubleshooter Supervisor (117 %)
MAINTENANCE PIPEFITTER (100 %)
Apprentice Maintenance Pipefitter (85 %)
Equipment Operator (96 %)
Maintenance Pipefitter B (98 %)
Maintenance Pipefitter Working Supervisor (117 %)
Water Meter Repairer 1 (90% of Maintenance Pipefitter B)
Water Meter Repairer II (93% of Maintenance Pipefitter B)
Water Service Working Supervisor (110 %)
METER READER (100°/x)
Senior Utilities Service Representative (117 %)
Utilities Service Representative (112 %)
SUBSTATION ELECTRICIAN 100%
Apprentice Repairer (100 %)
Apprentice Electric Meter Technician (85 %)
Apprentice Substation Electrician (85 %)
Apprentice Substation Test Technician (85 %)
Electric Meter Supervisor (112 %)
Electric Meter Technician (95 %)
Senior Apparatus Repairer (110 %)
Senior Electric Meter Technician (100 %)
Substation Electrician Supervisor (117 %)
Substation Test Technician (105 %)
Substation Test Technician Supervisor (117 %)
Utilities Generation Technician (100 %)
UTILITIES CUSTOMER SERVICE REPRESENTATIVE II (100 %)
Utilities Customer Service Representative 1 (85 %)
Utilities Customer Service Representative III (105 %)
iiN
Utilities Senior Customer Service Representative (115%
WAREHOUSE AND TOOLROOM WORKER (100 %)
Senior Warehouse and Toolroom Worker (112.5 %)
Utilities Yard Working Supervisor (120 %)
WATER PRODUCTION TECHNICIAN (100 %)
Apprentice Water Production Technician (85 %)
Senior Water System Operator (105% x Water System Operator)
Water Production Technician Supervisor (110 %)
Water System Operator (117 %)
Water System Operator in Training (85% x Water System Operator)
WATER TREATMENT OPERATOR (100 %)
Laboratory Technician 1 (87.5 %)
Laboratory Technician II (105 %)
ARTICLE 18
HOURS OF WORK AND PAY DAY
18.1 The average regular workweek for employees in classifications in Appendix "A"
shall be forty (40) hours.
18.1.1 For all employees with an average regular workweek of forty (40) hours,
the monthly rate shall be the hourly rate times 2,080 divided by twelve
(12).
18.2 Regular salaries and compensation of all employees shall be paid on a biweekly
basis.
18.3 ANAHEIM and UNION agree that in certain instances alternatives to the
traditional work schedule (five (5) days /eight (8) hours per day) may be
necessary to preserve job security. Such schedules may be installed under the
following guidelines:
18.3.1 Either ANAHEIM or UNION may initiate discussions regarding such
alternate work schedules.
18.3.2 Alternate work schedules shall not reduce service to the public.
18.3.3 Such alternate work schedules shall be created by Letter of
Understanding.
18.3.4 Unless expressly limited by Letter of Understanding such schedules may
be revoked by either party upon notice to the other party.
11
ARTICLE 19
ADJUSTED HOURS
19.1 ANAHEIM and the UNION recognize the need for a system of adjusted hours for
employees whose work schedule does not correspond to the established work
week for payroll purposes.
19.2 The system of adjusted hours permits such employees to accrue up to twenty -
four (24) positive adjusted hours (hours worked, but not paid) or twenty -four (24)
negative adjusted hours (hours paid, but not worked).
19.3 ANAHEIM and UNION agree that an employee who transfers to a job where
adjusted hours are not used, or who leaves ANAHEIM employment will have any
accrued adjusted hours balance adjusted to zero by paying the employee at
his /her current rate for any positive balance or by docking his /her pay for any
negative balance.
19.4 Affected employees may review payroll documents prior to adjusting balances to
zero.
ARTICLE 20
TEMPORARY UPGRADE
20.1 Temporary upgrading shall be defined as the temporary assignment of an
employee to perform the work of a job class which is assigned to a salary
schedule higher than his /her regular job class. Employees who are temporarily
upgraded for a period of two (2) consecutive hours or more, and who are
responsible for the full range of duties assigned to the higher level classification,
shall be compensated at the top step ( "9 ") rate of the classification to which they
were assigned for all hours worked in the higher job class.
20.2 Employees temporarily upgraded to a higher paying position in a management
class shall receive a five percent (5 %) increase.
20.3 Employees upgraded into management positions listed below shall receive
additional compensation equivalent to one (1) hour of double time pay for each
full day of upgrade worked. Such additional compensation shall be in lieu of, and
not in addition to, any upgrade premium an employee may be entitled to under
any other provision of this ARTICLE.
Electric Utility Inspection Supervisor
Water Inspection Supervisor
Electric Field Superintendent
Water Field Superintendent
Water Production Superintendent
Water Systems Operations Superintendent
Warehouse Manager
Chief Utilities Systems Operator
Senior Utilities Systems Scheduler
Water Quality Laboratory Supervisor
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Employees upgraded to a classification listed above for less than one (1) full day
shall be paid a five percent (5 %) premium in accordance with the language in
Sections 20.1 and 20.2.
20.4 If any employee is temporarily assigned to perform work at a lower rated job
classification, his /her rate of pay shall not be changed. Such temporary
assignments of work shall be made at the discretion of ANAHEIM.
20.5 All holiday and vacation and sick leave shall be paid at the employee's regular
rate of pay.
20.6 ANAHEIM and UNION agree that parallel moves may be made within
classifications in order to avoid the necessity of working an employee at a higher
rated job classification.
20.7 An employee must be qualified for the higher position in order to be paid for
upgrading. If not fully qualified, his /her time will be considered on-the-job
training. The determination of those persons qualified to work in higher rated
classifications shall be established by ANAHEIM. It is intended by both parties
that lists of employees qualified for temporary upgrading shall be established and
that employees selected to work temporarily at a higher rated job classification
shall be selected from said lists. Assignments to higher rated classifications shall
be made from lists at the sole discretion of ANAHEIM, except as provided below:
20.7.1 When a lead or supervisory position on a utility field crew is to be filled by
temporary upgrade, the senior available qualified employee normally
assigned to that crew shall be assigned to the upgrade.
20.7.2 Line Mechanics assigned to bucket trucks will normally not be permitted
to participate in upgrade.
20.8 When an employee responds to an emergency call -out in an upgrade position to
supervise a crew and is subsequently relieved and assigned to be a journey level
worker, the employee shall remain compensated at the upgrade rate until the job
is completed.
ARTICLE 21
PAYROLL DEDUCTIONS
21.1 Deductions of authorized amounts may be made from employees' pay for the
following purposes:
21.1.1 Withholding Tax;
21.1.2 Contributions to retirement benefits;
21.1.3 Contribution to survivors' benefits;
21.1.4 Payment of life insurance and accidental death and dismemberment
insurance premium;
21.1.5 Payment of non - industrial disability insurance premium;
21.1.6 Payment of hospitalization and major medical insurance premium;
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21.1.7 Payment to or savings in the Orange County's Credit Union;
21.1.8 Contributions to the City Employees Annual Charities Fund Drive;
21.1.9 Payment of membership dues to IBEW, Local 47;
21.1.10 Purchase of United States Savings Bonds;
21.1.11 Deduction for IBEW, Local 47 Political Action Committee;
21.1.12 Deduction for IBEW, Local 47 Health Benefits Trust;
21.1.13 Other purposes as may be authorized by the City Council.
ARTICLE22
GENERAL
22.1 It is hereby the declared personnel policy of ANAHEIM that:
22.1.1 Employment by ANAHEIM shall be based on merit and fitness, free of
personal and political considerations.
22.1.2 Appointments, promotions, and other actions requiring the application of
the merit principle shall be based on systematic tests and /or evaluations.
22.1.3 Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis;
22.1.4 Tenure of employees shall be subject to good behavior, satisfactory work
performance, necessity for the performance of work, and the availability
of funds.
22.2 Any action concerning an employee's status of employment shall be processed
on a Personnel Action Form. Such status shall become effective upon action by
a management employee who has responsibility for authorizing such action. All
full -time employees shall receive a true copy of any personnel action taken
concerning their status of employment.
22.3 ANAHEIM will notify UNION, and UNION shall refer such skilled and experienced
personnel to ANAHEIM for necessary testing.
22.4 Job bulletins regarding classifications represented by UNION shall be sent to the
UNION during recruitment periods.
22.5 ANAHEIM shall be the sole judge of the testing, qualification and acceptance
procedures of all applicants for employment and promotion and ANAHEIM
retains the right to reject any applicant for employment; PROVIDED, HOWEVER,
that no test or qualification procedures utilized by ANAHEIM or refusal to accept
for employment shall be done to discriminate for or against an applicant because
of union or nonunion membership or because of race, color, creed, national
origin, religion, sex, age or physical disability, except where age or lack of
physical disability is a bona fide occupational qualification.
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ARTICLE 23
APPOINTMENTS AND PROMOTIONS
23.1 Appointments and promotions shall be based on merit and fitness to be
ascertained so far as practicable by competitive examinations. Examinations
shall be used and conducted to aid in the selection of qualified employees, and
shall consist of recognized selection techniques, which will, in the opinion of the
Human Resources Director, fairly test the qualifications of candidates.
23.2 Minimum standards of employment for each job class shall be recommended by
the Human Resources Director and approved by the City Manager.
23.3 Vacancies in positions above the entry level shall be filled by promotion
whenever one or more qualified candidates are available, except when a
qualified, work - disabled employee is placed in such position according to the
Vocational Rehabilitation Administration Regulation. Promotions shall be on a
competitive basis except when the Human Resources Director finds that the
number of employees qualified for promotion is insufficient to justify competition.
Appropriate consideration shall be given to promotional candidates' qualification,
record of performance, and seniority, in that order.
23.3.1 Advancement to a higher paid job class shall constitute a promotion.
23.3.2 For the purposes of this ARTICLE, appointment to an apprenticeship
classification shall constitute a promotion.
23.3.3 Employees will be notified at the time promotional examinations for
classifications listed in Appendix "A" are announced. The weights to be
assigned to qualification, record of performance and seniority whenever a
management evaluation is to be part of the selection process will be part
of the notification.
23.4 Examinations for appointments and promotions shall be in such form as will fairly
test the abilities and aptitudes of candidates for the duties to be performed, so
that such appointments and promotions will be sorely based on qualifications
without regard to race, color, creed, national origin, religious or political affiliation
or belief, membership in or attitude toward any employee organization, sex, age,
or physical disability, except where sex, age, or lack of physical disability is a
bona fide occupational qualification.
23.5 Candidates who qualify for employment or promotion shall be placed on an
eligibility list for the appropriate job class. At such times as a department
management evaluation is included in the establishment of a promotional
eligibility list, the list shall rank the eligible candidates in the order of final
evaluation, and appointment from that list shall follow rank order.
23.6 When an appointment is to be made to a vacancy, the Human Resources
Director shall submit to the appropriate department head the names on the
appropriate employment list. Appointments to vacant positions shall be made by
the appropriate department head, with the concurrence of the Human Resources
Director.
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23.6.1 The appropriate department head, with the concurrence of the Human
Resources Director, may order names removed from an eligibility list for
good and sufficient reasons.
23.7 In the absence of appropriate employment lists, a provisional appointment may
be made by ANAHEIM of a person meeting the minimum qualifications for the
position. An eligibility list shall be established within six (6) months for any
regular, full -time position filled by provisional appointment. In the event that any
provisional appointee fails to qualify on the eligibility list as established within six
(6) months of his /her provisional appointment, said provisional appointee shall
have his /her employment terminated at the close of the first complete biweekly
pay period following the establishment of the eligibility list.
23.8 Appointments to certain grant funded positions as designated by the City
Manager may be made without competitive examinations and /or evaluations.
Such appointments may be made by the appropriate department head (with the
approval of the Human Resources Director and the City Manager). In the event
that a grant funded appointee fails to complete competitive examinations and /or
evaluations and is not appointed to an ANAHEIM funded position during his /her
period of employment under the grant, said grant funded appointee shall be
terminated from City employment.
23.9 ANAHEIM agrees to utilize part time meter readers only when all regular meter
reader positions are filled, except during periods of recruitment (up to six (6)
months after a vacancy occurs).
ARTICLE 24
EMPLOYMENT LISTS
24.1 Employment lists, in order of their priority, shall be re- employment lists and
eligibility lists.
24.2 Re- employment lists shall contain the names of regular, full -time employees laid
off in good standing for lack of funds or work.
24.2.1 Names on re- employment lists shall remain for a period not to exceed
one (1) year.
24.3 Eligibility lists shall be created in accordance with the provisions of ARTICLE 23
— APPOINTMENTS AND PROMOTIONS.
24.3.1 Eligibility lists may contain the names of one or more persons eligible for
employment.
24.3.2 Open competitive or promotional eligibility lists shall remain in effect for a
period of one (1) year or until depleted. Lists containing less than three
(3) names may be considered depleted. Lists may be extended by the
Human Resources Director for a period not to exceed one (1) additional
year.
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ARTICLE 25
PROBATION
25.1 Employees appointed from eligibility lists, reinstated employees and employees
reassigned according to the Vocational Rehabilitation Administrative Regulation
shall be subject to a period of probation. The regular period of probation shall be
six (6) months unless otherwise specified for certain designated job classes.
25.1.1 Employees promoted from an apprentice job class to the journey level
class in accordance with the appropriate Apprenticeship Agreement shall
not be subject to a period of probation in the journey level class.
25.1.2 In the event an employee is assigned to light duty status or is absent from
work due to a lengthy illness or injury during his /her probationary period,
said employee's probationary status may be extended beyond the regular
period of probation in the amount of one (1) complete biweekly pay period
for each complete biweekly pay period assigned to light duty status or lost
due to such illness or injury.
25.1.3 Upon successful completion of a probationary period, an employee shall
be granted regular status in the classification in which the probationary
period is served. Except that employees in the Customer Service
Representative I classification shall not be granted regular status but will
be promoted in accordance with ARTICLE 23 — APPOINTMENTS &
PROMOTIONS, or rejected in accordance with this ARTICLE.
25.2 The work and conduct of probationary employees shall be subject to close
scrutiny and evaluation, and, if found to be below standards satisfactory to the
appointing authority, the appropriate department head may reject the probationer
at any time during the probationary period. Such rejections shall not be subject
to review or appeal unless such rejection is alleged to be contrary to the
provisions of this Memorandum.
25.2.1 An employee rejected during the probationary period from a position to
which he /she has been promoted or transferred shall be returned to the
classification in which he /she has regular status unless the reasons for
his /her failure to complete the probationary period would be cause for
dismissal.
25.3 An employee shall be retained beyond the end of the probationary period only if
the appropriate department head affirms that the services of the employee have
been found to be satisfactory.
ARTICLE 26
OUTSIDE EMPLOYMENT
26.1 An employee may engage in employment other than his /her job with ANAHEIM,
if his /her department head determines that such outside employment does not
interfere with the performance of assigned duties and does not constitute a
conflict of interest.
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ARTICLE 27
SERVICE AWARDS
27.1 Service awards, in the form of service pins or the equivalent, shall be presented
to employees in classifications listed in Appendix "A" as listed below. Such
service awards shall also be presented to any employee upon retirement.
Five (5) years of service;
Ten (10) years of service;
Fifteen (15) years of service;
Twenty (20) years of service;
Twenty -five (25) years of service;
Thirty (30) years of service;
Thirty -five (35) years of service;
Forty (40) years of service.
27.2 For purposes of this ARTICLE, the term "years of service" shall be defined as
continuous, full -time service.
ARTICLE 28
TRAINING
28.1 The Human Resources Director shall encourage the improvement of service by
providing employees with opportunities for training, including training for
advancement and for general fitness for public service.
28.2 Reimbursement to employees for costs incurred for formalized training shall be in
accordance with regulations established by the City Manager.
ARTICLE 29
SUSPENSION, DEMOTION AND DISMISSAL
29.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. Any employee may be suspended, demoted, or
dismissed for good and sufficient cause.
29.2 When in the judgment of the appropriate department head, an employee's work
performance or conduct justifies disciplinary action short of demotion or
dismissal, the employee may be suspended without pay. Upon taking the action,
the department head shall file with the employee and the Human Resources
Director a written notification containing a statement of the substantial reasons
for the action. No employee shall be suspended for more than thirty (30) days at
any one time.
29.3 An employee may be demoted or dismissed upon recommendation of a division
head or other appropriate supervisor whenever in the judgment of the
appropriate department head, the employee's work or misconduct so warrants.
Upon taking such action, the department head shall file with the employee and
:
the Human Resources Director a written notification containing a statement of the
substantial reasons for the action and the effective date of the action.
29.3.1 Suspension without pay pending further action shall be the status of
dismissed employees appealing dismissal under the provisions of
ARTICLE 64 — GRIEVANCE PROCEDURE. Such suspension shall not
exceed ninety (90) calendar days.
29.4 When an employee is dismissed as provided in this ARTICLE, ANAHEIM and
UNION agree to the following accelerated procedure under the provisions of
ARTICLE 64 — GRIEVANCE PROCEDURE.
29.4.1 ANAHEIM and UNION agree that only one Post Skelly hearing by the
appropriate Executive or Administrative Manager shall be held. This
hearing shall be held within ten (10) working days after the dismissal is
grieved unless mutually extended.
29.4.2 If the grievance is then appealed to the Third Step to be submitted to an
impartial arbitrator for a final and binding decision, ANAHEIM and UNION
agree to:
1) Develop a standing list of mutually approved arbitrators that shall
include no more than ten (10) mutually approved arbitrators.
2) ANAHEIM and UNION agree to re- establish the list of arbitrators
once each year in January.
3) ANAHEIM and UNION may remove arbitrators from this list at
anytime.
4) Select the arbitrator from the standing list that has the earliest,
reasonable available hearing date, unless the parties mutually
agree to select another arbitrator from the list.
5) Stipulate to the following submission language when a dismissal is
submitted to an impartial arbitrator: "Was (name of employee)
dismissed for good and sufficient cause? If not, what shall the
remedy be ?"
ARTICLE 30
REASSIGNMENT, LAYOFF AND RE- EMPLOYMENT
30.1 Layoff for lack of work or lack of funds shall be on the basis of an evaluation of
qualifications, and department seniority.
30.1.1 An employee whose position has been abolished due to lack of work or
lack of funds shall be reassigned by his /her department head to any
position within their department in an equivalent or lower job class for
which they meet the minimum requirements and have department
seniority over other employees in the job class. An apprentice job class is
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considered equivalent to the journey level job class for purposes of this
ARTICLE. If the employee whose position has been abolished does not
have department seniority over other employees in equivalent or lower
classes, he /she may be reassigned by his /her department head to any
vacant position within the department in an equivalent or lower job class,
for which the employee meets the minimum requirements. Employees so
reassigned shall be placed in the salary step of the appropriate salary
schedule closest to their rate of pay, Employees so reassigned shall be
reinstated to their former job class and salary step status when positions
in their former job class (within their department) become vacant. Such
reinstatement shall be on the basis of department seniority.
30.1.2 Whenever an employee whose position has been abolished cannot be
reassigned to a vacant position within their department, the employee
shall be reassigned by the City Manager to any vacant position in any
other department in his /her job class or in an equivalent or lower job class
for which the employee meets the minimum qualifications for
employment. If an employee is reassigned to a vacant position within
his /her job class in any other department, he /she shall retain his /her rate
of pay. If an employee is reassigned to a vacant position in an equivalent
or lower job class in any other department, he /she may be placed in any
salary step of the appropriate salary schedule that does not provide an
increase in salary. Employees reassigned to vacant positions in an
equivalent or lower job class in any other department shall be reinstated
to their former job class and salary step status when positions in their
former job class (within their former department) become vacant. Such
reinstatement shall be on the basis of department seniority.
30.1.3 A full -time regular employee who is subject to layoff or reassignment
under the provisions of this ARTICLE shall, upon the request of the
employee, be appointed to any part time assignment within his /her
department in an equivalent or lower job class for which he /she meets the
minimum qualifications.
30.1.4 A full -time employee who is subject to layoff or reassignment under the
provisions of this ARTICLE shall, upon the request of the employee, be
appointed to any vacant part time position within his /her department in an
equivalent or lower job class for which he /she meets the minimum
qualifications.
30.1.5 An employee reassigned under Section 30.1.3 or Section 30.1.4 shall
lose all rights, privileges, and benefits granted under the authority of this
Agreement, except that such employee shall be reinstated to his /her
former job class and salary step status (such reinstatement on the basis
of department seniority) when a position in his /her former job class
becomes vacant.
30.2 Whenever an employee whose position has been abolished is not reassigned to
any vacant position, he /she shall be placed on the re- employment list for his /her
job class. Persons on the re- employment list shall be re- employed with their
former salary step status when positions in their job class (within the department
20
from which they were laid off) become vacant. Re- employment shall be on the
basis of department seniority.
30.3 Whenever an employee is reassigned to a vacant position in the same class, an
equivalent class, or lower class as herein provided, he /she shall retain the same
anniversary date for purposes of merit pay increases.
30.4 Whenever an employee is reinstated to a vacant position in his /her former job
class, or re- employed as herein provided, he /she shall be given a new
anniversary date for purposes of merit pay increases in accordance with the
provisions of ARTICLE 16 — APPROPRIATE SALARY STEP.
30.5 An employee reinstated from the re- employment list shall be considered to have
continuous service and may be credited with the amount of accumulated sick
leave the employee had accrued at the time of layoff if the employee elects to
remit to ANAHEIM any payment received under the provisions of ARTICLE 40 —
SICK LEAVE.
30.6 The provisions of this ARTICLE shall apply only to regular, full -time employees in
the classified service. Employees appointed to certain grant funded positions as
designated by the City Manager under Section 23.8 shall be excluded from the
provisions of this ARTICLE.
ARTICLE 31
TRANSFER
31.1 A change of an employee's place of employment from one division to another or
from one department to another shall be considered a transfer. A change of an
employee's place of employment to a vacant position in a job class on the same
salary schedule as his /her own job class shall also be considered a transfer.
31.1.1 A transfer from one division to another or from one department to another
shall require the approval of the head of the division or department to
which the employee is transferring and the Human Resources Director.
Such a transfer shall be initiated by request of the employee to the
Human Resources Director.
31.1.2 A transferred employee shall retain his /her rate of pay and anniversary
date for purposes of merit pay increases.
31.1.3 In order to be transferred to a job class with minimum standards of
employment substantially different from those of his /her own job class, an
employee shall be required to demonstrate his /her eligibility for
employment in accordance with the provisions of ARTICLE 23 —
APPOINTMENTS AND PROMOTIONS and shall serve a new
probationary period in accordance with the provisions of ARTICLE 25 —
PROBATION.
31.2 Transfers for the betterment of employees and the best interests of ANAHEIM
shall be encouraged by all echelons of management.
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ARTICLE 32
REINSTATEMENT
32.1 An employee who terminates his /her employment in good standing may be
reinstated to a vacant position in his /her former job class within three (3) years of
his /her termination date without going through the competitive processes.
32.1.1 An employee reinstated within thirty (30) days of his /her termination date
shall be considered to have continuous service and shall be credited with
the amount of accumulated sick leave he /she had at the time of
termination. The employee shall be placed in his /her former salary step
and shall retain his /her anniversary date for purposes of merit pay
increases. If the anniversary date has occurred during the period of the
employee's absence, the new anniversary date shall be the first day of
the next biweekly pay period following reinstatement.
32.1.2 An employee reinstated after thirty (30) days of his /her termination date
may be considered to have broken service for purposes of salary step
status, and shall be considered to have broken service for all other
employee benefits.
32.2 An employee may be reinstated under the provisions of the Vocational
Rehabilitation Administrative Regulation to any vacant position for which he /she
meets the minimum qualifications.
32.3 The provisions of this ARTICLE shall apply to regular, full -time employees.
ARTICLE 33
VOLUNTARY DEMOTION
33.1 If an employee takes a voluntary demotion as a result of a downward
reclassification of his /her position, his /her salary step status shall be in
accordance with the provisions of Section 16.5.
33.2 Voluntary demotions as a result of impending layoff shall be in accordance with
the provisions of ARTICLE 30 — REASSIGNMENT, LAYOFF AND RE-
EMPLOYMENT.
33.3 An employee may request a voluntary demotion for any reason. Such voluntary
demotion shall require the approval of the department head to which the
employee will report. An employee taking such voluntary demotion may be
placed in any salary step of the appropriate salary schedule that does not provide
an increase in salary. The employee shall be given a new anniversary date for
purposes of merit pay increases in accordance with the provisions of ARTICLE
16 — APPROPRIATE SALARY STEP.
33.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation
Administrative Regulation shall be in accordance with the provisions of
Section 33.2.
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33.4 An employee who has taken a voluntary demotion to a lower job class may be
reinstated to a vacant position in his /her former job class within three (3) years of
the effective date of the voluntary demotion without re- qualifying by competitive
processes.
33.4.1 An employee reinstated to his /her former job class from a voluntary
demotion shall retain his /her rate of pay. If his /her rate of pay is not
included in the salary schedule of his /her former job class, the employee
shall be placed in the salary step of that salary schedule which is closest
to his /her rate of pay. The employee shall retain his /her anniversary date
for purposes of merit pay increases; however, if the employee is placed in
the 5 th or 6 1h step of the salary schedule, the employee shall be eligible for
a merit pay increase after thirteen (13) complete biweekly pay periods or
his /her regular anniversary date, whichever is sooner.
ARTICLE 34
BEREAVEMENT LEAVE
34.1 In the event a death occurs in the immediate family of a full -time employee, the
employee shall be granted bereavement leave with pay for up to a maximum of
three (3) consecutive work shifts. "Immediate family" shall be defined as any
relative by blood or marriage who is a member of the employee's household,
under the same roof, and any parent, foster parent, stepparent, spouse or
registered domestic partner, child, brother, or sister of the employee, or any
parent, foster parent, or stepparent of the employee's spouse or registered
domestic partner, regardless of residence.
34.1.1 In the event a death occurs among other family members of an employee,
the employee shall be granted bereavement leave with pay for up to a
maximum of one (1) work shift. Other family members shall be defined as
grandparent, grandchild, daughter -in -law, son -in -law not under the same
roof of the employee, and any grandparent, grandchild, child, brother, or
sister of the employee's spouse or registered domestic partner,
regardless of residence.
34.1.2 Bereavement leave may be used only at the time a death occurs, or to
make burial arrangements and /or to attend funeral or memorial services.
34.1.3 The City will guarantee that, in addition to the above, employees may use
all available vacation on the books up to forty (40) hours. If no vacation is
on the books, the City guarantees the employee the ability to use up to
forty (40) hours leave without pay.
34.2 As used in this ARTICLE, registered domestic partner means that a Declaration
of Domestic Partnership has been filed with the California Secretary of State.
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ARTICLE 35
HOLIDAYS
35.1 The following days shall be recognized as holidays, and regular full -time
employees shall have these holidays off with pay:
January 1, New Year's Day
Third Monday in January, Martin Luther King, Jr.'s Birthday
Third Monday in February, All Presidents' Day
Last Monday in May, Memorial Day
July 4, Independence Day
First Monday in September, Labor Day
November 11, Veteran's Day
Fourth Thursday in November, Thanksgiving Day
Friday after Thanksgiving
December 25, Christmas Day
Every day designated by the City Council for a public feast, thanksgiving or
holiday.
35.2 In the event that any of the above holidays fall on an employee's scheduled day
off, said employee shall observe the preceding work day or the following work
day as scheduled by the department head to provide maximum regular service to
the public.
35.3 Employees may be required to work on any of the above holidays or days
observed in lieu of those holidays. Any employee assigned to a department
other than the Public Utilities Department who is required to work on any of the
above holidays or days observed in lieu of those holidays, shall receive additional
compensation equivalent to one and one -half (1 ' / 2) times his /her regular rate of
pay.
35.4 Any Public Utilities Department employee required to work on any of the above
holidays or days observed in lieu of those holidays shall receive additional
compensation equivalent to two (2) times his /her regular rate of pay.
35.5 In the event that any of the recognized holidays falls on weekends, all field
employees shall observe the same day.
35.6 In order to be eligible for holiday pay, an employee must be either at work or on
paid leave of absence on the regularly scheduled work day immediately
preceding the holiday, or day observed in lieu of the holiday, and the regularly
scheduled work day immediately following the holiday, or day observed in lieu of
the holiday. No employee who is on suspension or unpaid leave of absence on
either the regularly scheduled workday immediately preceding or immediately
following the holiday, or day observed in lieu of the holiday, shall receive
compensation for said holiday or day observed in lieu of the holiday.
35.7 For those employees who are assigned by management to work the Nine Plan
alternate schedule:
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35.7.1 If the holiday falls on the employee's nine (9) hour work day, the
employee will receive only eight (8) hours of holiday pay.
35.7.2 The employee shall be required to submit a request for one (1) hour of
vacation to be charged to that day unless the employee requests, and
management approves, authorization to make up the hour. Employees
will make up the hour by working one (1) hour in addition to their regular
work shift on another day during the same FLSA work period and City
pay period. IBEW and ANAHEIM agree that such additional hour shall
not be considered overtime, and the employee shall be paid at his or her
regular hourly rate of pay.
35.7.3 In the event an employee does not request to make up the hour, or is not
authorized to make up the hour, the employee shall be charged one (1)
hour of vacation. In the event that employee does not have sufficient
vacation time to cover the hour, or in the event the employee is not
eligible for vacation pay, the employee shall be charged one (1) hour of
leave without pay.
ARTICLE 36
INDUSTRIAL ACCIDENT LEAVE
36.1 In the event that any full -time employee is absent from work as a result of any
injury or disease which comes under the State of California Workers'
Compensation Insurance and Safety Act, such absence shall be considered to
be Industrial Accident Leave.
36.2 Any employee on Industrial Accident Leave shall receive compensation from
ANAHEIM in an amount equal to the difference between temporary disability
payments mandated by the State of California Workers' Compensation Insurance
and Safety Act and the employee's regular basic rate of pay.
36.2.1 In the event that an employee who has received or is receiving Industrial
Accident Leave benefits files a civil legal action against a third party for
allegedly causing or contributing to the cause of the injury which resulted
in the absence from work, the employee is required to inform the Risk
Management Office of the filing of such legal action.
36.3 Industrial Accident Leave shall begin on the first day of such absence as defined
in Section 36.1.
36.3.1 Industrial Accident Leave shall continue during all absences due to a
single injury, but not to exceed one (1) year of accumulated absence.
36.3.2 Industrial Accident Leave benefits provided by this ARTICLE shall apply
to each injury or disease as defined in Section 36.1.
36.3.3 The effective date of a permanent disability rating as awarded by the
Workers' Compensation Appeals Board ends eligibility for Industrial
Accident Leave for that particular injury or disease.
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36.3.4 A written statement from the treating physician that the employee's
condition is permanent and stationary or separation from ANAHEIM
service ends eligibility for Industrial Accident Leave for that particular
injury or disease.
36.3.5 Industrial Accident Leave for absence due to injury or disease as defined
in this ARTICLE shall be granted to employees only upon presentation of
a physician's certificate of treatment.
36.4 No employee shall have accrued sick leave deducted while on Industrial Accident
Leave. Vacation and sick leave shall continue to accrue for any employee on
Industrial Accident Leave in accordance with the provisions of ARTICLE 40 —
SICK LEAVE and the provisions of ARTICLE 41 — VACATION.
ARTICLE 37
JURY DUTY AND COURT APPEARANCES
37.1 In the event any full -time employee is duly summoned to any court for the
purpose of performing jury duty, the employee shall receive his /her regular
compensation for any regularly scheduled working hours spent in actual
performance of such service.
37.2 Whenever an employee is duly summoned to appear as a witness, except where
the employee is a litigant or a defendant in a criminal case or any action brought
about as a result of his /her own misconduct, the employee shall receive his /her
regular compensation for any regularly scheduled working hours spent in actual
performance of such service.
37.2.1 Employees receiving witness fees shall remit such fees to the Collection
Officer in order to be considered at work for payroll purposes during time
spent as such witnesses.
37.3 In the event any full -time employee who works a rotating schedule, is duly
summoned to any court for the purpose of performing jury duty, the employee
shall be placed on day -shift until the jury duty has concluded. Such employee
shall be excluded from overtime opportunities while performing jury duty.
ARTICLE 38
LEAVE WITHOUT PAY
38.1 Any employee who is absent from work and who is not on leave with pay shall be
considered to be on leave without pay.
38.1.1 An employee on leave without pay shall receive no compensation and
shall accumulate no vacation or sick leave while on such leave.
38.1.2 An employee who has need to be absent from work and who is not
eligible for leave with pay may request to be placed on leave without pay.
K--
Leave without pay for a period not to exceed forty (40) working hours may
be granted by the employee's division head. Leave without pay in excess
of forty (40) hours up to a maximum of twelve (12) months shall require
the approval of the employee's department head. Any employee who is
absent from work in excess of twelve (12) months on leave without pay
shall be separated from City Service.
38.1.3 In the event that leave without pay is granted an employee for reasons of
illness or physical incapacity due to illness or injury, ANAHEIM shall
continue to pay for any hospitalization and major medical insurance
previously paid for by ANAHEIM for a maximum of twelve (12) complete
months. ANAHEIM shall waive the payment of employee premiums for
any ANAHEIM - sponsored medical, dental and life insurance benefit plans
for a maximum of twelve (12) complete months.
38.1.4 An employee returning to work from leave without pay shall be placed in
the same salary step he /she was in prior to such leave. If such leave was
in excess of two (2) complete biweekly pay periods, the employee's
anniversary date for purposes of merit pay increases shall be changed to
conform with the provisions of Section 16.1 provided that if the employee
returns to a position in a lower job class, his /her salary step status shall
be determined in accordance with the provisions of ARTICLE 33 —
VOLUNTARY DEMOTION.
38.1.5 An employee may request Scheduled Leave Without Pay in lieu of
authorized vacation or pre- approved sick leave. All such requests shall
be scheduled and taken in accordance with the best interests of
ANAHEIM and the department or division in which the employee is
employed.
ARTICLE 39
MILITARY LEAVE
39.1 ANAHEIM's policy relating to military leave and compensation therefore, shall be
in accordance with the provisions of the Military and Veterans Code of the State
of California, and with any other applicable law.
ARTICLE 40
SICK LEAVE
40.1 Employees shall accrue annual sick leave with pay in accordance with the
following provisions:
40.1.1 Regular, full -time employees with an average regular workweek of forty
(40) hours shall accrue paid sick leave at the rate of three (3) hours for
each complete biweekly pay period.
40.1.2 Paid sick leave shall continue to accrue in accordance with the above
provisions during any period of leave with pay.
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40.1.3 An employee requesting sick leave for an absence from work as a result
of any injury or disease which comes under the State of California
Workers' Compensation Insurance and Safety Act after eligibility for
Industrial Accident Leave has ended shall receive maximum
compensation from ANAHEM in an amount equal to the difference
between temporary disability payments mandated by the State of
California Workers' Compensation Insurance and Safety Act and the
employee's regular basic rate of pay.
40.2 Each employee shall have one -half (1/2) hour deducted from his /her accrued sick
leave time for each one -half (1/2) hour of sick leave taken. An employee with a
regular work day of eight (8) hours shall have eight (8) hours deducted from
his /her accrued sick leave time for each regularly scheduled working day that the
employee is on paid sick leave. The minimum amount of sick leave that may be
taken at any given time shall be one -half (1/2) hour.
40.3 Sick leave that is accrued, but not taken, shall be accumulated.
40.3.1 Regular, full -time employees with an average regular work week of forty
(40) hours shall be paid at their regular hourly rate of pay for all hours
accumulated beyond one hundred seventy -five (175) hours in each
calendar year. Payment shall be made in January of each year, or upon
the employee's termination of employment for any reason. A maximum of
one hundred seventy -five (175) hours shall carry over from year to year.
40.3.2 ANAHEIM shall pay to an employee upon the employee's termination of
employment due to retirement in accordance with ARTICLE 65 —
INSURANCE — ACTIVE EMPLOYEES or layoff in accordance with
ARTICLE 30 — REASSIGNMENT, LAYOFF AND RE- EMPLOYMENT, all
hours accumulated up to the maximum of one hundred seventy -five (175)
hours that may be carried over from year to year. If an employee dies
while employed, ANAHEIM shall pay to his /her beneficiary, as designated
by the Public Employees' Retirement System records, the cash
equivalent of all hours accumulated up to the maximum of one hundred
seventy -five (175) hours that may be carried over from year to year.
40.4 An employee who has completed six (6) months as a regular full -time employee
and is continuously and totally disabled for more than one (1) calendar month,
shall receive a disability benefit of net sixty percent (60 %) of his /her base rate of
pay, after withholding taxes, and less deductible benefits. Such disability benefit
shall continue during disability, up to a maximum of six (6) months from date of
disability. Upon completion of thirty (30) and ninety (90) days of absence while
receiving short term disability benefits, an employee will normally be required to
submit a report from the treating physician explaining the nature and extent of the
disabling illness or injuries and the prognosis and date of expected return to
work. Failure to comply may result in termination of this benefit.
40.4.1 Deductible benefits include salary or other compensation paid by any
employer; Workers' Compensation Act or similar law including benefits for
partial or total disability, whether permanent or temporary if benefits being
M.,
received are for the current disabling condition; a pension plan toward
which ANAHEIM contributed.
40.4.2 Total disability means an employee's complete inability to engage in
his /her regular occupation.
40.4.3 Benefits are not payable unless the employee is regularly seen and
treated by a licensed physician or medical practitioner who certifies to the
continuing disability.
40.4.4 ANAHEIM shall waive the payment of employee premiums for any
ANAHEIM- sponsored medical, dental, and life insurance benefit plans
during any biweekly pay period during which short term disability benefits
are paid.
40.5 In the event that any paid holiday occurs during a period when an employee is on
paid sick leave, the holiday shall not be charged against the employee's accrued
sick leave. The only sick leave hours that shall be charged against an
employee's accrued sick leave shall be those hours that the employee is
regularly scheduled to work.
40.6 An employee eligible for paid sick leave shall be granted such leave for the
following reasons:
40.6.1 Illness of the employee or physical incapacity of the employee due to
illness or injury.
40.6.2 Enforced quarantine of the employee in accordance with community
health regulations.
40.6.3 Medical and dental appointments during work hours. Use of sick leave
for scheduled medical and dental appointments shall require prior
approval of the employee's supervisor and will be granted in accordance
with the best interest of ANAHEIM and the employee's department or
division.
40.6.4 Temporary disabilities caused by pregnancy and childbirth.
40.6.5 Illness of the employee's immediate family.
40.7 An employee who cannot perform his /her assigned duties due to illness or
physical incapacity shall inform his /her immediate supervisor of the fact and the
reason therefore as soon as possible. Failure to do so within a reasonable time
may be cause of denial of sick leave without pay.
40.8 In the event that an employee is absent on sick leave, in excess of twenty -four
(24) consecutive working hours the employee's department head or division head
may require that the employee submit to him /her a written statement by a
physician licensed by the State of California certifying that the employee's
condition prevented him /her from performing the duties of his /her position.
29
Failure on the part of the employee to comply with such a requirement may be
considered grounds for disciplinary action.
40.9 In the event that an employee becomes ill during working hours and is placed on
paid sick leave prior to the close of the workday, such paid sick leave shall be
calculated to the nearest hour.
40.10 Effective December 19, 1980, accrued sick leave hours shall be entered in a new
Sick Leave Plan and regular full -time employees with an average regular work
week of forty (40) hours who were employed as of that date shall have up to one
hundred seventy -five (175) hours transferred to the usable Sick Leave account.
The remainder (over 175 hours) shall be credited as follows: seventy -five percent
(75 %) to be reported as service credit at retirement; twenty -five percent (25 %)
converted to cash value at the employee's current (December 19, 1980) regular
hourly rate of pay and paid with interest at retirement, layoff or to his /her
beneficiary, as designated by Public Employees' Retirement System records if
the employee dies while employed.
40.10.1 Employees who retire in calendar year 1984 or thereafter shall
receive service credit for all hours up to one hundred seventy -five
(175).
40.10.2 An employee who has more than ten (10) years of continuous City
service may elect once each calendar year to receive all or a
portion of his /her Employee Sick Leave Trust Fund amount.
When requested, such payments shall be paid in cash by
separate check subject to standardized withholding taxes. When
partial payment is requested, the amount shall not be less than
twenty -five percent (25 %) of the balance, and a maximum of four
(4) such partial payments shall be allowed with the fourth payment
paying the entire remaining balance in the account.
40.10.2.1 Beginning with tax year 2004 and thereafter,
employees may no longer elect to receive a portion
of the Sick Leave Trust fund amount and shall be
paid any remaining balance only upon separation
from City service.
40.11 If two (2) or more periods of total disability occur during a specific six month
elimination period for the insured LTD plan, all such periods shall be considered
as one period of continuous total disability under the following conditions:
40.12 All periods of total disability must be due to the same cause or causes; and
40.13 All recurring periods of total disability that qualify as one period of continuous
total disability for the insured LTD plan, shall qualify as one period of continuous
total disability for the ANAHEIM Disability Plan and shall not require a new one -
month waiting period before ANAHEIM Disability Benefits will be paid; and
40.14 Commencement of the benefit period for the insured LTD plan shall automatically
terminate benefits from the ANAHEIM Disability Plan.
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ARTICLE 41
VACATION
41.1 Regular, full -time employees with an average work week of forty (40) hours shall
receive annual vacation with pay in accordance with the following provisions.
41.1.1 For the first four (4) years of continuous, full -time service such employees
shall accrue paid vacation at the rate of four (4) hours for each complete
biweekly pay period plus two (2) hours of paid vacation at the close of the
final complete biweekly pay period of each fiscal year (106 hours or 13.25
working days per year).
41.1.2 Upon completion of four (4) years of continuous, full -time service, such
employees shall accrue paid vacation at the rate of five (5) hours for each
complete biweekly pay period (130 hours or 16.25 working days per
year).
41.1.3 Upon completion of eight (8) years of continuous, full -time service, such
employees shall accrue paid vacation at the rate of six (6) hours for each
complete biweekly pay period (156 hours or 19.5 working days per year).
41.1.4 Upon completion of fourteen (14) years of continuous, full -time service,
such employees shall accrue paid vacation at the rate of seven (7) hours
for each complete biweekly pay period (182 hours or 22.75 working days
per year).
41.1.5 Upon completion of nineteen (19) years of continuous, full -time service,
such employees shall accrue paid vacation at the rate of eight (8) hours
for each complete biweekly pay period (208 years or 26 working days per
year).
41.1.6 Upon completion of twenty -four (24) years of continuous, full -time service,
such employees shall accrue paid vacation at the rate of nine (9) hours
for each complete biweekly pay period (234 hours or 29.25 working days
per year).
41.2 Paid vacations shall continue to accrue in accordance with the above provisions
during any period of leave with pay. All vacations shall be scheduled and taken
in accordance with the best interests of ANAHEIM and the department or division
in which the employee is employed. The maximum amount of vacation that may
be taken at any given time shall be that amount that has accrued to the
employee concerned. The minimum amount of vacation that may be taken at
any given time shall be one -half (1/2) hour.
41.3 An employee shall be eligible to take any accrued vacation upon completion of
six (6) months of service. Each employee shall have one (1) hour deducted from
his or her accrued vacation time for each hour of vacation taken. Vacation,
which is accrued, but not taken, shall be accumulated.
41.4 Maximum vacation accumulations for employees with an average regular work
week of forty (40) hours shall be as follows:
31
41.4.1 For employees accruing vacation at the rate of one hundred six (106)
hours for every twenty -six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be one
hundred ninety (190) hours.
41.4.2 For employees accruing vacation at the rate of one hundred thirty (130)
hours for every twenty -six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be two
hundred forty (240) hours.
41.4.3 For employees accruing vacation at the rate of one hundred fifty -six (156)
hours for every twenty -six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be two
hundred ninety (290) hours.
41.4.4 For employees accruing vacation at the rate of one hundred eighty -two
(182) hours for every twenty -six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be three
hundred forty (340) hours.
41.4.5 For employees accruing vacation at the rate of two hundred eight (208)
hours for every twenty -six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be three
hundred ninety (390) hours.
41.4.6 For employees accruing vacation at the rate of two hundred thirty -four
(234) hours for every twenty -six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be four
hundred forty (440) hours.
41.5 Employees shall be eligible on an annual basis to be compensated at their
regular rate of pay for up to two (2) weeks (eighty (80) hours) vacation accrued
but not taken, subject to the following provisions:
A minimum of eighty (80) hours of vacation must have been used during the
previous payroll year.
An employee's request for the annual vacation payoff is subject to the approval
of the employee's department head.
Payment shall be made in January of each year.
41.6 Upon termination, an employee shall be compensated in cash at his or her
current rate of pay for any vacation accrued but not taken, provided that he or
she has successfully completed his or her probationary period.
41.7 In the event that any recognized holiday occurs during an employee's vacation,
the holiday shall not be charged against the employee's accrued vacation. The
only vacation hours that shall be charged against an employee's accrued
vacation shall be those hours that the employee is regularly scheduled to work.
32
41.8 Employees who terminate employment with ANAHEIM due to disability, and if
subsequently rehired, shall be credited with prior service for the purpose of
vacation accrual.
41.9 Employees who have completed four (4) years of continuous full -time service
and who terminate employment with ANAHEIM and are subsequently rehired,
shall be credited with prior service for the purpose of vacation accrual upon
completion of five (5) years of additional continuous full -time service.
ARTICLE 42
OVERTIME
42.1 ANAHEIM and UNION recognize the obligation to maintain essential water and
electric public utility services to the residents, homes, and businesses of
Anaheim. Both parties agree that situations hazardous to the public,
interruptions of service, and other emergencies occur outside scheduled working
hours and that people employed in this public service are expected to work many
hours outside of scheduled work periods, and such work may be required when
needed. Employees who are unable to reach the normal reporting location within
a reasonable time may be removed by ANAHEIM from the list of those persons
to whom overtime is normally assigned.
42.2 A full -time Public Utilities Department employee who performs authorized work in
excess of his /her normal work period, regular work week, workday or shift shall
be compensated for such work at the rate of two (2) times his /her regular hourly
rate of pay, except as provided in Section 42.7.
42.3 A full -time employee working in a department other than the Public Utilities
Department who performs authorized work in excess of his /her normal work
period, regular work week, workday or shift shall be compensated for such work
at the rate of one and one -half (1 ' / 2) times his /her regular hourly rate of pay,
except as provided for in Section 42.8.
42.4 Overtime shall be calculated to the nearest one - quarter (1/4) hour of overtime
worked, except any overtime of less than one -half (1/2) hour duration shall be
calculated to the nearest one -half (1/2) hour.
42.5 All overtime must be authorized by the appropriate division head.
42.6 Notwithstanding the above overtime provisions, there shall be no compensation
for the time spent in attending meetings of any kind which are for the purpose of
education or training, unless required by law. In the event ANAHEIM directs an
employee to attend a meeting for the purpose of education or training, time spent
in the meeting shall be considered time worked, and the employee shall be
compensated accordingly.
42.7 When employees perform overtime work as Registered Disaster Service Workers
at the time of a declared disaster under the City of Anaheim Disaster Plan, they
33
shall be paid at the rate of one and one -half (1 ' / 2) times their regular rate of pay
for each hour worked.
42.8 A full -time employee working in a department other than the Public Utilities
Department who performs authorized overtime work immediately preceding or
upon completion of a regular work shift (extension of the workday) shall be
compensated for such work as follows:
42.8.1 One and one -half (1 'h) times the employee's regular hourly rate of pay
for all hours worked in excess of eight (8) hours, up to and including
twelve (12) hours in any workday, and
42.8.2 Two (2) times the employee's regular hourly rate of pay for all hours
worked in excess of twelve (12) hours in any workday.
42.9 When employees in the following job classes perform overtime work between the
hours of 11:30 p.m. and 8:00 a.m., they shall be paid at the rate of two (2) times
their regular rate of pay for such overtime hours worked between the hours of
11:30 p.m. and 8:00 a.m.:
Apprentice HVAC Mechanic
Facility and Event Electrician
HVAC Mechanic
Lead Facility and Event Electrician
Lead HVAC Mechanic
42.10 All employees who earn overtime may elect to take it as compensatory time
under the following provisions:
42.10.1 Compensatory time is earned at one and one -half (1 ' / 2) times for
each hour worked.
42.10.2 Must be designated as compensatory time when earned.
42.10.3 Once this time is designated as compensatory, it cannot be
converted to another type of overtime.
42.10.4 There is a maximum of ninety -six (96) hours allowed on the
books.
42.10.5 There is a maximum utilization of ninety -six (96) hours per payroll
year.
42.10.6 Compensatory time off shall be granted in accordance with
ARTICLE 41 —VACATION.
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ARTICLE 43
BILINGUAL PAY
43.1 Employees required to speak, read, and /or write in Spanish or other languages
as well as English as part of the regular duties of their position will be
compensated at the rate of $75.00 per pay period in addition to their regular pay.
43.2 The appropriate department head shall designate which positions shall be
assigned bilingual duties and which languages shall be eligible for bilingual pay.
43.3 The Human Resources Director shall conduct a test of competency for
employees whose positions have been assigned bilingual duties to certify these
employees eligible for bilingual pay, except that operating departments with
authorized bilingual certifiers may conduct their own test of bilingual competency
and notify the Human Resources Director of the outcome of the test.
43.4 Eligibility for bilingual pay shall continue in accordance with the above provisions
during any period of leave with pay.
ARTICLE 44
CALL -OUT
44.1 Call -out compensation shall be in accordance with the following provisions:
44.2 All emergency call -out time shall be calculated to the nearest one - quarter (1/4)
hour of time worked.
44.3 When an employee, assigned to a department other than the Public Utilities
Department, is called out for emergency work, the employee shall be paid at the
overtime rate of pay for such emergency work.
44.3.1 For employees assigned to departments other than the Public Utilities
Department, a minimum of three (3) hours (including travel time) of pay at
the overtime rate shall be guaranteed for each emergency call -out.
44.3.2 For employees assigned to departments other than the Public Utilities
Department, forty -five (45) minutes time shall be added to the time
worked to compensate the employee for travel time incurred for each
emergency call -out.
44.3.3 For employees assigned to departments other than the Public Utilities
Department, a minimum of two (2) hours pay at the overtime rate shall be
guaranteed for prearranged overtime, except when such overtime occurs
immediately before or after a regular work period.
44.4 Public Utilities Department employees shall be guaranteed a minimum of three
(3) hours of pay at the overtime rate for each call -out.
44.4.1 Call -out time for these employees shall be calculated from the time of
arrival.
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44.5 Overtime work (except an extension of the regular work period) assigned with
less than eight (8) working hours notice shall be considered call -out.
ARTICLE 45
DISTRIBUTION
45.1 In order that overtime can be equitably distributed among employees in a given
classification, ANAHEIM and UNION agree that overtime will be assigned
pursuant to Public Utilities Department policies except that employees who are
unable to reach the Utilities Service Center within a reasonable time may be
removed by ANAHEIM from the list of those persons to whom overtime is
normally assigned.
45.2 Call -out lists shall be prepared by each pay period and posted each payday.
45.3 All overtime worked or declined shall be charged.
45.4 Each list will be gone through one time before moving to the next list.
45.5 Call -out lists will consist of Line Mechanic, Electric Crew Supervisor (line crew)
and Electric Crew Supervisor (service crew). The "evergreen" list for Electric
Crew Supervisor (line crew) will be comprised of Line Crew Supervisors and
Electric Crew Supervisors in ascending order of overtime worked. The
"evergreen" list for Electric Crew Supervisor (service crew) will be comprised of
Service Crew Supervisors and Electric Crew Supervisors in ascending order of
overtime worked.
45.5.1 When calling out an Electric Crew Supervisor (line crew) the order of
calling shall be Electric Crew Supervisor (line crew); Electric Crew
Supervisor (service crew), then Line Mechanic (upgrade).
45.5.2 When calling out an Electric Crew Supervisor (service crew) the order of
calling shall be Electric Crew Supervisor (service crew) then Line
Mechanic (upgrade).
45.5.3 For the Line Mechanic call -out list, the order of calling shall be Standby
Line Mechanic (if existing), Line Mechanic, Troubleshooter, and then
Electric Crew Supervisor (service crew).
45.6 Common call -out lists will be created for Maintenance Pipefitter Working
Supervisor and Water Service Supervisor.
ARTICLE 46
METER READER RULES
46.1 An employee working in the classification of Meter Reader who has completed
eight (8.0) units of meter book value shall be compensated at the rate of two (2)
times his /her regular hourly rate of pay for each completed unit of meter book
36
value or portion thereof that is assigned on the same day. One (1.0) unit = fifty -
four (54) minutes.
46. 1.1 An employee working in the classification of Meter Reader who is
assigned to work his /her regularly scheduled day off shall be
compensated at the rate of two (2) times his /her regular hourly rate of pay
for each completed unit of meter book value or portion thereof.
ARTICLE 47
PLANNED OVERTIME
47.1 Planned overtime work for Public Utilities Department employees will not be
scheduled for less than four (4) hours, except when such overtime work occurs
immediately prior to or following a regular work period.
47.2 Employees required to work such planned overtime immediately prior to or
following their regular work period shall not require assignment from the overtime
list; however, the employees' hours worked shall be added to the overtime list.
47.2.1 Employees who are notified of cancellation of planned overtime after the
close of their regularly scheduled work shift immediately preceding the
planned overtime, shall receive one -half (1/2) hour pay at the appropriate
overtime rate.
ARTICLE 48
SHIFT DIFFERENTIAL
48.1 All work periods regularly scheduled to begin at noon or later, but before 3:00
p.m., will receive a shift differential of $1.75 per hour
48.2 All work periods regularly scheduled to begin at 3:00 p.m. or later, but before
3:00 a.m., will receive a shift differential of $2.25 per hour.
48.3 When a shift premium is applicable to time worked at the overtime rate of pay,
the overtime rate shall be applied to the applicable shift premium.
48.4 When an employee is required to work continuously without a break beyond the
end of his /her night shift, the overtime rate shall be applied to the applicable shift
premium.
48.5 Shift premium shall be payable only for hours actually worked and shall not be
paid for non -work time, such as vacations, holidays, sick leave, etc.
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ARTICLE 49
SHORT SHIFT CHANGE
49.1 For employees assigned to a department other than the Public Utilities
Department short shift changes as defined herein shall be compensated at the
rate of one and one -half (1 '/2) the employee's rate of pay.
49.2 For Public Utilities Department employees short shift changes as defined herein
shall be compensated at the rate of two (2) times the employee's regular rate of
pay.
49.3 For Public Utilities Department employees the first work day on a new schedule
after transfer from one schedule of working days to another without notification of
such transfer at least eight (8) work hours in advance of the starting time of the
new schedule.
49.4 For employees assigned to a department other than the Public Utilities
Department, the first work day on a new schedule after transfer from one
schedule of working days to another without notification of such transfer at least
eight (8) work hours in advance of the starting time of the new schedule.
49.5 The first shift after transfer from one eight (8) hour working shift to another
without notification of such transfer at least eight (8) work hours in advance of the
starting time of the new shift.
49.6 Whenever required to transfer from one schedule of working days to another with
but eight (8) hours off between shifts more than once in a work week.
49.7 No overtime compensation shall be paid for any hours worked on a second shift
in any twenty -four (24) hour period, which hours are worked as a result of the
regular shift rotation or which hours are worked as a result of shift changes or
changes in days off mutually agreed upon by employees for their convenience.
Any changes in days off must be in the same work week.
ARTICLE 50
REST PERIOD
50.1 ANAHEIM and UNION agree that no employee will be denied an eight (8) hour
rest period after working sixteen (16) consecutive hours if the employee requests
such rest period because of their physical condition. Employees who have
worked sixteen (16) consecutive hours may be required to take an eight (8) hour
rest period in order to ensure adequate staffing levels for regular work shifts, for
availability of commercial drivers or for emergency response.
50.1.1 The sixteen (16) hours begins upon arrival at work.
50.2 A rest period of eight (8) consecutive hours or more shall be considered to be an
interruption of continuous work. Rest periods of less than eight (8) consecutive
work hours shall not be considered to be an interruption of continuous work.
0
50.3 Employees shall be paid at their regular hourly rate of pay for all regularly
scheduled work hours, which occur during the rest period. Employees required
to return to work during such rest periods, shall be compensated at the overtime
rate of pay for all time worked. This overtime pay shall be in lieu of, and not in
addition to, the regular rate of pay, Employees not required by management to
return to work, but who chose to take less than an eight (8) hour rest period, shall
be paid their regular hourly rate of pay for all regularly scheduled work hours.
50.4 Mealtime will not be considered an interruption of consecutive work time nor will
it be considered part of consecutive work time, except when such mealtime is a
paid meal break as provided in ARTICLE 52 — MEALS.
50.5 The meal period that occurs during the regular work hours of an employee, will
not be included in the computation of the eight (8) -hour rest period. An employee
who returns to work from a rest period that extends more than four (4) hours into
his /her regular work shift shall be considered to have taken a meal period prior to
reporting, except that such employee shall be allowed to observe any meal
period taken by a crew to which such employee may be assigned.
50.6 The employee responsible for the crew shall determine when rest periods shall
take place for employees because of their physical condition and is responsible
for notifying the crewmembers. Management shall determine when rest periods
are required for staffing reasons and shall notify the employee responsible for the
crew.
50.7 When an employee's rest period extends four (4) or more hours into the regularly
scheduled work shift, the employees may request vacation pay, compensatory
time, or scheduled leave without pay for the remainder of the work shift.
Approval of such request shall be granted, unless maximum work load or
emergency conditions exist.
50.7.1 When an employee's rest period extends less than four (4) hours into the
regularly scheduled work shift, the employee may request vacation pay,
compensatory time, or scheduled leave without pay for the remainder of
the work shift. Approval of such request shall be granted if it is in
accordance with the best interest of ANAHEIM and the department or
division in which the employee is employed.
50.8 No employee who has less than eight (8) consecutive hours off -duty in the
sixteen (16) hours immediately preceding their regularly scheduled work shift, will
be denied an eight (8) hour rest period, if the employee requests such rest period
because of their physical condition. The rest period shall commence at the time
the employee goes off -duty.
ARTICLE 51
TRAVEL AND MILEAGE EXPENSE
51.1 Travel expense allowance for employees while on City business shall be
provided in accordance with regulations established by the Anaheim City
Manager and /or the Anaheim City Council.
KE
51.2 ANAHEIM's mileage reimbursement rate will be the standard mileage rate
established by the Internal Revenue Service. Any increase or decrease shall be
effective the first day of the second month after the date of publication by the
Internal Revenue Service.
ARTICLE 52
MEALS
52.1 Public Utilities Department employees shall earn meal compensation at fixed
intervals during periods of call -out overtime, planned overtime and during an
extension of the regular or planned work day. Meal compensation is not earned
for any hours worked during a regularly scheduled work shift.
52.2 Effective the first pay period following approval of this Memorandum of
Understanding by the City Council, meal compensation shall consist of $16.00
plus one -half (1/2) hour overtime pay.
52.2.1 Payment for meal allowance(s) shall be by check paid each payday for all
meals earned during the previous pay period.
52.2.2 Meal compensation will not count as hours worked.
52.3 During CALL -OUT OVERTIME meal compensation shall be earned as follows:
52.3.1 One meal compensation will be earned for each interval of four and one -
half (4 consecutive hours of paid overtime completed.
52.3.2 If the employee reports for call -out overtime work within one and one -half
(1 %2) hours after normal quitting time, and the employee works beyond
two and one -half (2 hours after normal quitting time, one meal
compensation will be earned.
52.3.3 Employees called out sick to work one (1) hour or more prior to the
beginning of a regular work shift will be paid meal allowance for two
meals, plus one -half (1/2) hour overtime.
52.4 During EXTENSION OF THE REGULAR WORKDAY meal compensation shall
be earned as follows:
52.4.1 An initial meal compensation will be earned upon completion of a work
period consisting of two (2) consecutive hours of paid overtime;
thereafter, one meal compensation will be earned for each interval of four
and one -half (4'/2) consecutive hours of paid overtime completed.
52.5 During PLANNED OVERTIME meal compensation shall be earned as follows:
52.5.1 Employees scheduled to work a planned overtime job shall provide their
first meal. An initial meal compensation will be earned upon completion
of ten (10) consecutive hours of overtime worked (excluding the unpaid
.N
lunch break), thereafter, one meal compensation will be earned for each
interval of four and one -half (4%2) consecutive hours of paid overtime
completed.
52.5.2 Employees scheduled to work planned overtime two (2) hours or more
prior to the beginning of a regular shift will earn one (1) meal
compensation.
52.6 Meal breaks will be taken as determined by the crew supervisor or responsible
employee considering the needs and safety of the customers, crew, and status of
the job.
52.7 Each time a meal break is taken the employee will have one -half (1/2) hour of
overtime deducted from earned meal compensation.
52.8 ANAHEIM and UNION agree that the one -half (1/2) hour lunch period for day
shift field crew employees will begin between 11:00 a.m. and 12:30 p.m. If the
one -half (1/2) hour lunch period does not begin during that time, no lunch period
will be observed during that workday, and employees will be paid one -half (1/2)
hour at the overtime rate, and will be permitted to eat while working.
52.9 The City shall provide UNION employees assigned to a department other than
the Public Utilities Department adequate meals during periods of call -out
overtime, planned overtime and during an extension of the regular or planned
work day. Meal compensation is not earned for any hours worked during a
regularly scheduled work shift.
52.9.1 Mealtime shall be compensated at the appropriate overtime rate and shall
normally be limited to thirty (30) minutes with a maximum of forty -five (45)
minutes paid mealtime.
52.9.2 An employee may, at the employee's request, be compensated for meals
at the rate of one -half (1/2) hour of overtime pay per meal.
52.10 During EMERGENCY CALL -OUT OVERTIME a meal shall be earned as follows:
52.10.1 An employee will be provided one (1) meal if the employee reports
back to emergency overtime work within one and one -half (1 ' / 2)
hours after normal quitting time and if the employee works beyond
two and one -half (2 hours after normal quitting time; thereafter,
an employee shall be provided an adequate meal at four (4) hour
intervals during the performance of emergency overtime work.
52.10.2 An employee shall be provided with two (2) adequate meals if the
employee is called out on emergency overtime work one (1) hour
before a scheduled workday. If a meal has been earned under
section of this rule within two (2) hours of the scheduled workday,
only one (1) meal shall be provided under this section.
52.11 During EXTENSION OF THE REGULAR WORKDAY a meal shall be earned as
follows:
41
52.11.1 An employee shall receive one (1) meal if the employee is
scheduled to work overtime two (2) hours before a regular work
shift.
52.11.2 An employee shall be provided an adequate meal if the employee
works two (2) hours overtime beyond the regular quitting time.
52.12 During PLANNED OVERTIME a meal shall be earned as follows:
52.12.1 Employees scheduled to work a planned overtime job shall
provide their first meal. Mealtime for the first meal on planned
overtime shall not be compensated and will normally occur after
four (4) hours work. Eligibility for the first City paid meal shall be
after an additional six (6) hours worked, and thereafter, eligibility
for meals shall be at intervals of four (4) hours worked.
52.13 ANAHEIM and the UNION agree that the one -half (1/2) hour lunch period for day
shift field crew employees will begin between 11:00 a.m. and 12:30 p.m. If the
one -half (1/2) hour lunch period does not begin during that time, no lunch period
will be observed during that workday, and employees will be paid one -half (1/2)
hour at the overtime rate, and will be permitted to eat while working.
ARTICLE 53
POLE SWITCH OPERATION
53.1 Qualified employees may be assigned to operate pole switches.
ARTICLE 54
UTILITY DEPARTMENT ELECTRIC CREW MAKEUP AND ASSIGNMENT
54.1 ANAHEIM and the UNION agree that the number of employees on a crew shall
be determined by ANAHEIM. ANAHEIM will determine crew size and make -up,
and will assign work to crews in such a manner as to ensure compliance with the
requirements of State and Federal law and the City of Anaheim Accident
Prevention Manual.
54.1.1 ANAHEIM and UNION agree that in the following limited instances when
ANAHEIM assigns work to crews, the minimum number of employees
shall be three (3) journey level employees or two (2) journey level
employees and one (1) apprentice employee of an appropriate voltage
step:
54.1.1.1 Installing and removing gang- operated pole switches.
54.1.1.2 Inter - setting poles in energized straight line single
distribution circuits and attaching conductors.
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54.1.2 ANAHEIM and UNION agree that in the following limited instances when
ANAHEIM assigns work to crews, the minimum number of employees
shall be two (2) journey level employees and one (1) qualified electrical
worker. A qualified electrical worker shall be qualified in CPR, first aid,
boom truck operation and radio procedures in order to render emergency
assistance. A qualified electrical worker for purposes of this ARTICLE is
a Public Utilities Department employee who is a qualified person as
defined by Title 8 of the Electrical Safety Orders who by reason of
experience or instruction is familiar with the operation to be performed
and the hazards involved.
54.1.2.1 Installing and removing capacitor banks from a two- person
aerial device in an energized primary circuit.
54.1.2.2 Installing and removing single phase and three phase
transformers being installed one at a time.
54.1.2.3 Constructing overhead line extensions.
54.1.2.4 Performing energized TV[ work.
54.1.2.5 Moving energized overhead primary conductors.
54.1.2.6 Installing, removing, moving, splicing and terminating
underground primary circuits and equipment.
54.1.2.7 Energizing, de- energizing, and grounding overhead and
underground primary circuits and equipment.
54.1.2.8 Installing and removing primary risers.
54.1.3 ANAHEIM and UNION agree that crew supervisors and field
superintendents shall work together to improve communication and
mutual understanding of work assignment decisions. Crew supervisors
shall have the sole discretion to request that additional employees be
assigned to a crew when, in their professional judgment, the work
requires it.
54.1.4 Disputes concerning electric crew make -up and assignment shall be
referred to a joint labor- management committee for resolution. The
committee shall consist of the UNION Business Manager and Assistant
Business Manager and two (2) management representatives from
ANAHEIM.
54.2 Electric Crew Supervisors may be required to perform any and all work that is
safe, including use of aerial lift devices and climbing utility poles.
54.3 Line Mechanics who were classified as "Cable Splicers" and who were
permanently assigned to an underground crew on July 6, 1989 shall continue, at
the employee's option, to be permanently assigned to an underground crew.
43
54.4 ANAHEIM will have electric crews that can perform underground and overhead
work.
54.5 Sufficient personnel will be assigned to the crews and the Control Room to safely
satisfy the needs of the electric utility.
54.5.1 ANAHEIM and UNION agree that safety is an integral part of every work
function. All employees are required to work within the provisions of any
and all applicable State and Federal regulations and the Public Utilities
Department Accident Prevention Manual.
54.6 All electric utility personnel shall receive adequate training and work experience
so that all employees are qualified to perform underground and overhead work.
54.7 Each employee shall usually be assigned to an electrical crew for a period of
approximately one (1) year. Each employee will be assigned to an electric crew
so as to ensure experience in both overhead and underground electric work.
54.8 Line Mechanics will be given the opportunity to request assignment as the Senior
Line Mechanic on an electric crew once each year. Such crew assignments shall
normally be made on the basis of decreasing seniority and will be effective the
first day of the first pay period after February 1. When an electric crew is
temporarily not in service for any reason, crew employees will be temporarily
reassigned without regard to any seniority provisions.
54.9 Nothing herein shall prohibit substation crews from installing, terminating, splicing
or maintaining synthetic cable in substations.
54.10 ANAHEIM and UNION agree that the provisions of this ARTICLE are not
intended to change the work assignments of Utilities Troubleshooters and
Substation Crews.
ARTICLE 55
LAMP REPLACEMENT
55.1 Lamp replacement at all fire stations, with the exception of the headquarters
station, may be performed by personnel other than those in the IBEW unit.
ARTICLE 56
REPLACEMENT OF TOOLS
56.1 ANAHEIM shall pay seventy -five percent (75 %) of the City's cost of replacing the
listed personal tools used in the normal course of duties of Electric Utility Field
employees:
56.2 Line Mechanic and /or Utilities Troubleshooter
56.2.1 Body belt, including pliers, holster, and bolt bag
56.2.2 Climbers
..
56.2.3 Straps and pads
56.2.4 Kline Pliers
56.2.5 Skinning Knife
56.2.6 Speed wrench (1/2 — 9/16) and (5/8 and 3/4)
56.2.7 Wire strippers
56.2.8 Side cutters
56.2.9 Phillips screwdrivers
56.3 Substation Electrician
56.3.1 Body belt and safety
56.3.2 Kline pliers
56.3.3 Skinning knife
56.3.4 Channel lock pliers
56.3.5 Medium and larger common screwdriver
56.3.6 Medium and larger Phillips screwdriver
56.3.7 Leather tool pouch with belt
56.3.8 Wire strippers
56.3.9 Side cutters
56.4 Substation Test Technician
56.4.1 Spin tight, nut drivers
56.4.2 Screwdrivers
56.4.3 Pliers, needle nose
56.4.4 Pliers, linemen
56.4.5 Wrench, 5/32" to 7/16"
56.4.6 Puller, fuse
56.4.7 Pliers, side cutters
56.4.8 Wire stripper
56.4.9 Hammer, 502
56.4.10 Punch, center
56.4.11 Skinning knife
56.4.12 Hex key set
56.4.13 Pliers, slip joint
56.4.14 Phillips screwdrivers
56.5 Electric Meter Technician
56.5.1 Tool pouch (AEA)
56.5.2 Belt (for above)
56.5.3 Screwdrivers: Phillips; Flat (large); Flat (small); Holding screwdriver
56.5.4 Diagonal wire cutters
56.5.5 Long nose pliers
56.5.6 Slip joint pliers ( "Channel - lock ")
56.5.7 Electricians knife
56.5.8 Side cutters
56.5.9 Wire strippers
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ARTICLE 57
FITNESS FOR DUTY
57.1 ANAHEIM and UNION are committed to maintenance of a safe workplace.
Employees are individually responsible and accountable for their personal fitness
for duty and shall not report to duty while "unfit" to safely perform assigned
duties.
ARTICLE 58
STANDBY DUTY
58.1 A Line Mechanic will be assigned to standby duty.
58.1.1 The Standby Line Mechanics may perform all duties within their
classification.
58.1.2 Standby Line Mechanics will not be assigned to planned overtime.
58.2 A journey level or higher Transmission & Distribution water employee will be
assigned to standby duty.
58.3 A journey level or higher Water Production employee will be assigned to standby
duty.
58.4 A journey level or higher Utilities Systems Operator may be assigned to standby
duty as determined necessary by ANAHEIM.
58.5 An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than during normal working hours
shall be guaranteed two (2) hours of pay at his /her regular hourly rate of pay for
each calendar day of such standby duty.
58.6 Employees assigned to standby will be compensated for actual travel time at the
overtime rate when driving City vehicles to and from home up to a maximum of
forty -five (45) minutes each way.
ARTICLE 59
PROJECT BASED WORK ASSIGNMENTS
59.1 ANAHEIM and the UNION agree that in certain instances and /or waivers of MOU
provisions may be necessary primarily for job security.
59.2 ANAHEIM or UNION may initiate meet and confer regarding such changes
and /or waivers of MOU provisions and, if necessary primarily for job security,
develop mutually acceptable language and /or modifications to the MOU.
59.2.1 ANAHEIM and UNION agree that such discussions shall be initiated
within five (5) working days of notice by either party, unless extended by
mutual agreement.
59.2.2 ANAHEIM and UNION agree that Section 59.1 shall be invoked only
when there is mutual agreement. Either party may decline to reopen
MOU provisions.
59.3 ANAHEIM and the UNION agree that agreements reached shall be created by
Letter of Understanding requiring Department Head, City Manager or City
Council approval, as necessary.
59.3.1 Such arrangements shall be for the duration of the project only.
59.3.2 Such agreements shall not reduce service to the public.
59.3.3 Such agreements shall improve efficiency, effectiveness, customer
satisfaction, or cost competitiveness.
ARTICLE 60
WATER INCENTIVE PAY PROGRAM
60.1 All current Equipment Operators in the Water Utility who agree to attempt the
program outlined below will be reclassified to Maintenance Pipefitter B.
60.2 All current Equipment Operators in the Water Utility who decline to participate in
the program outlined below will remain classified as Equipment Operators in the
Water Utility.
60.3 All current Maintenance Pipefitters in the Water Utility who decline to participate
in the program outlined below shall be classified to Maintenance Pipefitter B.
60.4 Employees in the classifications of Apprentice Maintenance Pipefitter or
Maintenance Pipefitter B shall be promoted without competition to Maintenance
Pipefitter upon completion of the following: (a) certification as a fully qualified
Maintenance Pipefitter; (b) certification as a fully qualified Equipment Operator,
and (c) possession of a Water Distribution Operator; Grade II Certificate from the
State of California Department of Health Services.
60.5 Any Equipment Operator who participates in the program for three (3) years and
does not obtain certification as a fully qualified Maintenance Pipefitter will be
reclassified to Equipment Operator in the Water Utility at the conclusion of the
three (3) years.
60.6 Future appointments to Water Service Working Supervisor shall require
achievement of all three (3) requirements outlined in Section 60.4 above.
60.7 Water Service Working Supervisor shall be paid the Water Service Working
Supervisor rate of pay if they have three (3) or fewer employees on their crew
and shall be upgraded and paid the Maintenance Pipefitter Working Supervisor
rate of pay if they have four (4) or more employees on their crew.
M
60.8 ANAHEIM shall provide certification pay to employees in the Water Utility who
possess Department of Health Services ( "DHS ") certification in Water Treatment
and /or Water Distribution or possess American Water Works Association (AWA)
or California Water Environment Association (CWEA) certification in Laboratory
Analyst in accordance with the following schedule:
Certification Level I
Certification Level II
CLASSIFICATION
Treatment
Distribution
LA
Treatment
Distribution
LA
WATER PRODUCTION
N/A
N/A
Water Production Technician
3
3
5
5
Supervisor
Water Production Technician
3
3
N/A
5
5
N/A
Apprentice Water Production
Technician
3
3
N/A
5
5
N/A
WATER OPERATIONS
Senior Water System
N/A
4
N/A
5
5
N/A
4
4
N/A
5
5
N/A
Operator
Water System Operator
3
3
N/A
4
4
N/A
Water System Operator in
Trainin
WATER T &D
Maintenance Pipefitter
2
3
N/A
5
5
N/A
Working Supervisor
Water Service Working
2
3
N/A
5
5
N/A
Supervisor
Maintenance Pipefitter
2
3
N/A
5
5
N/A
Apprentice Maintenance
2
3
N/A
3
4
N/A
Pipefitter
Water Meter Supervisor
2
4
N/A
3
5
N/A
Water Meter Repairer II
2
3
N/A
5
5
N/A
Water Meter Repairer 1
1
2
N/A
2
3
N/A
WATER INSPECTION
Senior Water Utility Inspector
Water Utility Inspector
2
3
N/A
4
5
N/A
2
3
N/A
4
4
N/A
Laboratory Technician 2
2
3
2
3
4
3
Laboratory Technician 1
2
2
1
3
3
2
60.8.1 An employee who has been certified at the grade level required for Level I
in Water Treatment, Water Distribution or Laboratory Analyst as specified
above shall receive $60.00 per pay period for each category in which they
have obtained the minimum required grade level.
60.8.2 An employee who has been certified at the grade level required for Level
11 in Water Treatment, Water Distribution or Laboratory Analyst as
specified above shall receive $90.00 per pay period for each category in
which they have obtained the minimum required grade level.
60.8.3 In no event shall any employee receive more than $90.00 per pay period
for any category for which they may be eligible for certification pay.
60.8.4 Eligibility for certification pay shall continue only as long as the employee
remains certified in good standing by the DHS.
60.9 Notwithstanding the provisions of Section 60.8 above, an employee who obtains
a grade 5 certificate in Water Treatment or Water Distribution from the DHS shall
be paid a one -time bonus of $500.00, payable one (1) year after the date of the
employee's certification by the DHS. An employee must be an active, full -time
employee at the time the payment is made in order to receive the bonus.
ARTICLE 61
SAFETY BOOT ALLOWANCE
61.1 ANAHEIM shall provide an annual Safety Boot Allowance of $225.00 to
employees in classifications represented by the IBEW who are required to wear
safety boots with protective toe caps that meet or exceed standards established
in the Anaheim Public Utilities Accident Prevention Manual.
61.2 It is the intent of the Parties to provide the annual Safety Boot Allowance to
warehouse and electric and water field employees. The specific classifications
required to wear safety boots with protective toe caps that meet or exceed
standards established in the Anaheim Public Utilities Accident Prevention Manual
shall be determined by ANAHEIM.
.•
61.3 The annual Safety Boot Allowance shall be paid on the first payday in January to
each employee in a classification designated by ANAHEIM in accordance with
Section 61.2 above at the time the payment is made.
ARTICLE 62
HIGH VOLTAGE HAZARD PAY
62.1 Anaheim agrees to provide High Voltage Hazard Pay as follows.
62.1.2 Employees in the classifications specified below who are qualified to
perform work on transmission facilities rated at transmission level
voltages (69,000 volts and above); trained to perform cable splicing; and
available for assignment to perform such work, shall receive High Voltage
Hazard Pay in the amount of four percent (.04) x Line Mechanic "9" step
rate:
62.1.2.1
Electric Crew Supervisor
62.1.2.2
Line Mechanic
62.1.2.3
Line Crew Supervisor
62.1.2.4
Service Crew Supervisor
62.1.2.5
Utilities Troubleshooter
62.1.2.6
Utilities Troubleshooter Supervisor
62.1.2.7
Substation Electrician
62.1.2.8
Substation Electrician Supervisor
62.2 ANAHEIM shall provide training to qualify the above - mentioned classes of
employees to perform work at transmission level voltages, including cable
splicing, based on jointly developed safety rules, work procedures, training
programs and certification procedures.
62.3 ANAHEIM will provide the training within sixty (60) days following development of
the procedures set forth in subsection 62.2 above.
62.4 High Voltage Hazard Pay will begin on the first day of the pay period following
completion of the training, provided however, that employees on the payroll as of
the date of this Agreement is adopted by the Anaheim City Council, who are in
one of the classifications specified above, and who complete the training when it
is initially offered by the City, shall be eligible for High Voltage Hazard Pay
retroactive back to January 3, 2013.
62.4.1 The assignment pay shall be added to the employee's base rate of pay
for all purposes including, but not limited to, employee leaves and
overtime.
62.4.2 Only full -time regular employees are eligible for the High Voltage Hazard
Pay. Probationary employees are not eligible.
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ARTICLE 63
NORTHERN AMERICAN ELECTRIC RELIABILITY CORPORATION (NERC)
CERTIFICATION — EDUCATIONAL INCENTIVE PAY PROGRAM
63.1 ANAHEIM agrees to provide NERC Certification — Educational Incentive Pay as
follows:
63.1.2 Employees in the classifications of Utilities Systems Operator and
Utilities Generation Technician who successfully obtain, and
maintain in good standing a North American Electric Reliability
Corporation (NERC) system Operator Certification shall receive
NERC Certification — Educational Incentive Pay consisting of four
percent (.04) x Utilities Systems Operator "9" step rate.
63.1.2.1 The certification pay shall be added to the employee's
base rate of pay for all purposes including, but not limited
to, employee leaves and overtime.
63.1.2.2 Only full -time regular employees are eligible for the NERC
Certification - Educational Incentive Pay. Probationary
employees are not eligible.
63.1.3 Utilities Systems Operators shall obtain and maintain in good standing a
NERC Transmission System Operator Certification to be eligible for such
NERC Certification - Educational Incentive Pay.
63.1.4 Utilities Generation Technicians shall obtain and maintain in good
standing a NERC Generator Operator Certification to be eligible for such
NERC Certification - Educational Incentive Pay.
63.1.5 Employees are not required to obtain or maintain NERC Certification and
ANAHEIM is not required to provide training or paid time for employees to
obtain or maintain such NERC Certification.
63.1.6 Upon a written request by an eligible employee interested in obtaining or
maintaining NERC Certification, ANAHEIM shall provide online training
courses in an amount sufficient to obtain and maintain NERC
Certification, as applicable. Such online training courses shall be
accessible via home computer. Such training time shall be voluntary and
non -paid time, and ANAHEIM shall not be required to provide a home
computer. ANAHEIM computer facilities may be used to prepare for initial
NERC Certification or to complete continuing education courses;
provided, however, ANAHEIM and IBEW agree that ANAHEIM facilities
are provided as a convenience to the employee, and any NERC
Certification preparation and /or continuing education performed by the
employee on the ANAHEIM premises shall only be conducted on
non -paid time.
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ARTICLE 64
GRIEVANCE PROCEDURE
64.1 The dispute resolution procedures set forth in this ARTICLE are intended for use
by ANAHEIM and UNION as the parties to this Memorandum of Understanding.
No grievance may be brought under this ARTICLE unless specifically authorized
in writing by UNION. Nothing herein is intended to restrict or limit any employee
from exercising any right he /she may otherwise possess under the law,
independent of this Memorandum of Understanding.
64.2 Any alleged violation of the terms and conditions of this agreement or any
alleged improper treatment of an employee, or any alleged violation of commonly
accepted safety practices and procedures brought forward by UNION shall be
considered to be a matter subject to review through the grievance procedure and
settled in accordance with the provisions of this ARTICLE. ANAHEIM and
UNION may mutually agree that any alleged violation of the Memorandum of
Understanding that requires interpretation of the MOU language or a past
practice shall first be submitted to non - binding mediation, prior to any submission
to arbitration. This language is not intended to impede or delay the arbitration
process.
64.2.1 Section 29.4 provides for an accelerated procedure under the provisions
of this ARTICLE when an employee is dismissed.
64.2.2 Disputes related to benefits and procedures provided for under the
Workers' Compensation Laws of California, or which fall within the
jurisdiction of the Workers' Compensation Appeals Board are not subject
to the grievance procedure.
64.2.3 Employees' rights to representation in grievance matters under the
provisions of Section 64.2 above shall be limited in the following manner:
No supervisor shall be represented in grievance matters by an employee
whom he /she may supervise.
No employee shall be represented in grievance matters by a supervisor
for whom he /she may work.
64.3 Any violation of this Memorandum as alleged by ANAHEIM or UNION shall be
resolved between authorized representatives of ANAHEIM and UNION. In the
event that the parties cannot resolve the dispute, the dispute shall, upon the
request of either ANAHEIM or UNION, be referred to an impartial arbitrator for a
final and binding decision.
64.4 All costs of arbitration services utilized for resolution of any dispute between
ANAHEIM and UNION shall be borne equally by ANAHEIM and UNION.
64.5 ANAHEIM and UNION agree that awards of back pay as a result of a successful
appeal from a disciplinary action shall not be considered earnings from outside
employment when such employment was obtained prior to the disciplinary action,
in accordance with ARTICLE 26 — OUTSIDE EMPLOYMENT and to the extent
52
that the earnings from such employment remained constant during the
employee's absence from work.
64.6 Employee grievances submitted by UNION to ANAHEIM shall be handled in the
following manner:
64.6.1 First Step An attempt shall be made to adjust all grievances on an
informal basis between the employee, his /her UNION representative, and
a supervisor in the employee's chain of command, up to and including
his /her division head, within ten (10) working days after the occurrence of
the incident involved in the grievance. The division head shall deliver
his /her answer within ten (10) working days after conducting the Step
One meeting. Grievances resulting from the actions of a department
other than an employee's work unit shall be heard by an appropriate
Administrative Manager from that department.
64.6.2 Second Step If the grievance is not adjusted to the satisfaction of the
UNION in the First Step, it shall be submitted in writing to the employee's
department head or his /her designated representative within ten (10)
working days after the Step One answer is received by UNION. The
department head or his /her designated representative shall meet with the
employee and his /her UNION representative within ten (10) working days
after submission of the grievance to him /her. The department head or
his /her designated representative shall review the grievance and may
affirm, reverse, or modify as deemed appropriate, the disposition made at
the First Step and the Second Step answer shall be delivered to the
UNION within ten (10) working days after said meeting.
64.6.3 Third Step If the UNION is not satisfied with the answer to the Second
Step, it shall be submitted to an impartial arbitrator for a final and binding
decision (or, if the Anaheim City Manager and the UNION agree, it shall
be submitted to the Anaheim City Manager for a final and binding
decision.) Such submission must occur within thirty (30) days after the
Second Step answer is received.
64.6.4 If submitted to the City Manager, the City Manager or his /her assistant
shall meet with the employee and his /her UNION representative within
ten (10) working days after submission of the grievance to him /her. The
City Manager or his /her assistant may affirm, reverse, or modify as
deemed appropriate, the disposition made at the Second Step. The City
Manager or his /her assistant shall deliver his /her decision to the UNION
within ten (10) working days after said meeting, and such decision shall
be final and binding on both parties.
64.7 In order to proceed to arbitration, either ANAHEIM or UNION shall serve written
notice to the other party specifying the grievance to be submitted.
64.7.1 Such written notice must be submitted no later than thirty (30) calendar
days after the Step Two answer is received by the other party.
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64.7.2 ANAHEIM and UNION shall thereafter attempt to resolve the issue and
select an impartial arbitrator. If an arbitrator cannot be agreed upon,
ANAHEIM and UNION shall request a panel from the American
Arbitration Association or any other mutually agreed upon provider. If
ANAHEIM and /or UNION fails to submit jointly, separately, the issue to
the agreed upon arbitrator, the American Arbitration Association or any
other mutually agreed upon provider within thirty (30) calendar days after
the written notice to proceed to arbitration is received, then either
ANAHEIM or UNION may take action to compel arbitration. Failure to
take action to compel arbitration within sixty (60) calendar days after
written notice to the other party specifying the grievance to be submitted
will conclusively be deemed abandonment of the right to compel
arbitration.
64.8 The arbitrator's decision shall be final and binding on both parties, it being
agreed that the arbitrator shall have no powers to add to or subtract from, nor to
modify any of the terms of any Memorandum of Understanding between
ANAHEIM and the UNION and that the arbitrator's award shall be consistent with
and controlled by this agreement, the Ordinances and Charter of the City of
Anaheim, and the laws and Constitution of the State of California.
64.9 The arbitrator will be requested by the parties to render his /her decision in writing
as quickly as possible but in no event later than thirty (30) calendar days after the
conclusion of the hearings, unless the parties agree otherwise.
64.10 Any grievance not presented and /or carried forward by UNION within the time
limits specified in this ARTICLE shall be deemed null and void, provided,
however, UNION and ANAHEIM may agree to continue said time limits.
64.10.1 Any First Step or Second Step answer not provided by ANAHEIM
to UNION within the time limits specified in Sections 64.6.1 and
64.6.2 above shall be deemed a waiver by CITY of Step One or
Step Two of the grievance process; however UNION and
ANAHEIM may agree to continue said time limits. Upon waiver by
ANAHEIM of Step One or Step Two, UNION may submit the
grievance for consideration at the next step.
64.11 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or
recommended by any employee or employee organization shall not be
considered to be a matter subject to review through the grievance procedure.
64.12 An employee who has been suspended, demoted, or dismissed may be
reinstated to his /her position as a result of a successful appeal through the
grievance procedure. In the event of such reinstatement, the employee shall be
returned to his /her former status of employment, including reinstatement of
seniority and accrued fringe benefits. In such cases, the City Manager may order
the payment of back pay to a reinstated employee in any amount up to payment
for the full period of time involved. In implementing an arbitrator's award, the City
Manager shall order the payment of back pay to a reinstated employee in the
amount provided in the arbitrator's award. It shall be conclusively presumed that
there is no award of back pay to a reinstated employee unless specifically set
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forth in the written order of the City Manager. Any earnings of the reinstated
employee from other employment during his /her period of suspension shall be
deducted from the amount of back pay ordered by the City Manager.
ARTICLE 65
INSURANCE —ACTIVE EMPLOYEES
65.1 Health Insurance
65.1.1 ANAHEIM agrees to offer the Kaiser Foundation Health Plan and other
prepaid and /or insured health plans recommended by the Joint
Committee on Medical Programs and approved by the Anaheim City
Council. Health Maintenance Organization (HMO) benefit schedules
shall be standardized to the extent possible, and shall require a $10.00
co- payment for outpatient and physician services until January 1, 2007, at
which time the co- payment shall be increased to $15.00.
65.1.2 For all medical plans, married ANAHEIM employee couples shall be
allowed only one (1) medical plan and only one dental plan to cover all
family members, and married ANAHEIM employee couples covered by
one plan shall pay no health insurance premium while both spouses are
employed by ANAHEIM. No married employee couples will be allowed to
change to the premium waiver option after December 31, 1996. Effective
January 1, 1997, married City employee couples not provided the
premium waiver shall have the option to elect the "opt -out" program for
the dependent spouse as described in Section 65.2.2 or to direct the City
to increase its normal contribution towards health coverage by an amount
up to the City's contribution towards single -party coverage.
65.1.3 Proof of marriage will be required of all employees when adding a new
spouse to any current medical plan.
65.1.3.1 Effective January 1, 2006, ANAHEIM shall provide health
coverage to couples who have filed a Declaration of
Domestic Partnership with the California Secretary of State
( "Registered Domestic Partners ").
65.1.4 The Master contract between ANAHEIM and the plan administrator shall
govern in the event of any disputes over any matter within the provisions
of the contract.
65.1.5 The benefit schedules for the prepaid HMO health plans will not be
modified unilaterally by ANAHEIM, except that each company may, from
time to time, make revisions to master contract language or impose minor
benefit modifications. If an imposed benefit modification results in a
monthly fee increase, the cost - sharing provisions of this Memorandum in
effect on the date the fee increase is effective shall be applied to the new
fees.
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65.1.6 The patient/employee responsibility under the hospital pre- authorization
review process is limited to assuring proper notification has been made
according to the published employer kit supplied by ANAHEIM to each
employee.
65.1.7 Effective January 1, 2006, the PharmaCare prescription co- payment shall
be changed to $10/$25/$30 ($10.00 for generic formulary, $25.00 for non -
generic formulary, and $30.00 for non - formulary).
65.2 ANAHEIM and Employee Contributions
65.2.1 ANAHEIM shall increase its contribution to the premiums for the various
health plans each January. This contribution shall be based on the
Consumer Price Index, All Items Index — Urban Wage Earners and
Clerical Employees (CPI -W), for the areas identified as Los Angeles —
Riverside — Orange County. The increase in Anaheim's contribution shall
be equal to the percent change for the year ending May of the prior
calendar year plus seventy -five percent (75 %) of any amount above the
CPI -W. (For example, the City's increase in contribution for calendar year
2004 shall equal the percent change in the CPI -W for the year ending
May 2003, plus seventy -five percent (75 %) of the amount of the health
premium increase that exceeds the percent change in the CPI -W for the
year ending May 2003).
65.2.2 Employees who are covered by other health plans may present proof of
such coverage in order to receive $125.00 per month in lieu of health
benefits provided herein. This shall apply to the dependent spouse of
married Anaheim employee couples who do not elect the premium waiver
provided in Section 65.1.2. In the event an employee who has elected
this option loses health coverage for any reason, and notifies ANAHEIM
of such loss within five (5) working days; he /she may enroll immediately in
any plan offered by ANAHEIM. Employees may re -elect the "opt -out"
option annually during open enrollment, or may enroll in a City sponsored
health plan.
65.2.3.1 Employees shall be required to contribute the difference
between the total cost of the plan selected and the
ANAHEIM contribution for medical plans set forth in
Section 65. 1.1 and for dental plans set forth in Section
65.5.3.
65.3 Life Insurance
65.3.1 For Life Insurance ANAHEIM agrees to provide $50,000.00 of group term
life insurance during the term of this AGREEMENT.
Dependent coverage with an insurance volume of $10,000.00 per
dependent may be added to the life insurance average at the option of
the employee.
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65.3.1.1 ANAHEIM agrees to provide supplemental term life
insurance of up to $450,000.00 in increments of
$50,000.00. One hundred percent (100 %) of the cost of
the supplemental term life insurance shall be paid by the
employee.
65.3.2 The City shall contribute one -half (1/2) the cost of the premium for the
group term life insurance and dependent coverage. The employee shall
contribute the difference between the ANAHEIM contribution and the total
premium cost.
653.2.1 IBEW and ANAHEIM agree that effective July 1, 2002, the
employee's contribution for group term life insurance for
the employee shall be paid from the Life Insurance Rebate
account. ANAHEIM shall continue to contribute one -half
(1/2) the cost of the premium for dependent coverage and
the employee shall continue to contribute the difference
between the ANAHEIM contribution and the total premium
cost for dependent coverage.
65.2.2.2 IBEW and ANAHEIM agree that payment of the
employee's contribution for the premium for group term life
insurance from the Life Insurance Rebate account shall
continue through June 30, 2006, or until the account is
depleted, whichever occurs first.
65.3.3 An employee who retires shall receive a paid -up life insurance policy,
paid for wholly by ANAHEIM, with a face value of $100.00 for each
complete year of service and $50.00 for more than six (6) months, but
less than a complete year of service up to a maximum of $2,000.00.
65.3.4 Permanent and Total Disability Life Insurance Benefit:
65.3.4.1 An employee who is eligible to retire and who is
permanently and totally disabled shall receive the following
Life Insurance benefit:
$100.00 paid up life insurance for each year of service
as provided under the Retired Life Insurance Program.
Decreasing term life insurance in the amount of the
employee's Basic Life Insurance less the paid up life
insurance described above. Such term life insurance
shall decrease by 1/60 of the original value each month
until the face value of such insurance reaches zero (5
years).
The permanently and totally disabled employee shall
pay no premium during the term of this benefit.
0h
65.3.4.2 An employee who is not eligible to retire shall receive the
following Life Insurance benefit:
• Decreasing term life insurance in the amount of the
employee's Basic Life Insurance. Such term insurance
shall decrease by 1/60 of the original amount each
month until the face value reaches zero (5 years).
• The permanently and totally disabled employee shall
pay no premium during the term of this benefit.
65.3.4.3 This language expresses the intent of the parties. The
precise language shall be prepared by insurance
attorneys.
65.4 Long -Term Disability Benefits
65.4.1 ANAHEIM agrees to pay the cost of long -term disability insurance
premiums during the term of this Memorandum.
65.4.2 ANAHEIM shall pay the premium for employee group long -term disability
insurance coverage in accordance with the provisions of any contract
between the City of Anaheim and any company or companies providing
such coverage.
65.5 Dental Plans
65.5.1 ANAHEIM agrees to continue sponsorship of the fee for service dental
plan.
65.5.2 ANAHEIM agrees to continue sponsorship of prepaid dental plans.
65.5.3 ANAHEIM shall during the term of this Memorandum pay up to the
contribution rate in effect in 2007 ($24.99 Single; $38.99 2 -Party; $56.03
Family) towards the premium cost of the plan selected by the employee.
65.6 Short Term Disability
65.6.1 ANAHEIM agrees to continue sponsorship of the employee paid short-
term disability insurance coverage for presently enrolled employees
during the term of this Memorandum.
65.6.2 ANAHEIM agrees to provide the existing Short-Term Disability plan.
ANAHEIM agrees to pay ANAHEIM's portion of medical, dental, life, and
optical insurance during absence due to illness or injury up to six (6)
months.
65.7 Pensions
65.7.1 ANAHEIM shall continue a portion of the cost of employee retirement
benefits in accordance with the provisions of the contract between the
W
City of Anaheim and the Public Employees' Retirement System, and in
accordance with provisions of this Agreement.
65.7.1.1 ANAHEIM agrees to implement procedures to amend the
PERS Miscellaneous Plan for Anaheim City, Employer
Number 303, to provide Government Code §21354.5
"2.7% @ 55 ") retirement benefits to be effective on or
before January 1, 2006, contingent upon agreement being
reached with all bargaining units representing
miscellaneous employees.
65.7.1.1.1 ANAHEIM and IBEW agree that the incremental
cost to implement Government Code §21354.5
('27% @ 55 ") retirement benefits of 6.4% of
employee compensation shall be paid by
employees through a reduction in the City's
contribution to post- retirement medical benefit
reserving costs of approximately 2.9% of employee
compensation, and a reduction in general salary
adjustments of 3.5% over the term of this
agreement.
65.7.1.1.2 ANAHEIM and IBEW agree that the incremental
cost to implement Government Code §21354.5
( "2.7% @ 55 ") retirement benefits of 6.4% of
employee compensation shall be the ongoing
defined contribution by ANAHEIM.
65.7.1.1.3 ANAHEIM and IBEW agree that it is the intent of
the parties that any variances in the employer rate
attributable to the implementation of Government
Code §21354.5 ( "2.7% @ 55 ") retirement benefits
shall accrue to the employee. All proportional costs
above the 2005/06 employer rate of 15.063% shall
be paid by the employee. All proportional
reductions below the 2005/06 employer rate of
15.063% to the floor of 8.626% shall be paid to the
employee. "Proportional costs" and "proportional
reductions" mean the ratio between the unmodified
2005/06 PERS employer rate of 8.626 %, and the
modified PERS employer rate of 15.063 %; such
that 42.6% of any variance from the 2005/06 PERS
employer rate of 15.063% shall accrue to the
employee.
65.7.1.1.4 A rate variance shall be calculated for a fiscal year
based upon the CalPERS employer rate assessed
for the PERS Miscellaneous Plan for Anaheim City,
Employer Number 303. If the rate exceeds
15.063 %, employees shall pay the proportional
difference in the form of a biweekly payroll
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deduction. If the rate is less than 15.063% (to the
floor of 8.626 %), employees shall receive the
proportional difference in the form of an addition to
the employee's biweekly pay check. Adjustments
to pay under the provisions of this Section shall be
based upon biweekly PERS reportable
compensation.
65.7.2 ANAHEIM shall contribute a portion of the cost of employee survivors'
benefits in accordance with the provisions of the above contract.
65.7.3 ANAHEIM agrees to pay 7% of the PERS employee contribution for all
employees covered by this agreement.
65.7.4 ANAHEIM shall report the 7% PERS employee contribution paid by
ANAHEIM to the CalPERS as compensation earned in accordance with
Government Code §20636 (c)(4).
65.7.5 IBEW and ANAHEIM agree that ANAHEIM will amend PERS
Miscellaneous Plan for Anaheim City, Employer Number 0303, to institute
a revised defined benefit plan for covered employees hired on or after
January 1, 2013. The revised defined retirement plan shall consist of the
2.0% 62 defined formula (Government Code §7522.20(a)), with a final
compensation period of three (3) consecutive years (Government Code
§20037) and the employee paying the full required member contribution
amount equal to eight percent (8 %) of compensation earnable, plus any
additional amount necessary to cause those employees to pay fifty
percent (50 %) of the normal costs attributable to the applicable retirement
formula, as provided in Government Code § §7522.30 and 20516.
65.7.6 IBEW and ANAHEIM agree that any provision of Section 65.7.5, as
amended herein, that are contrary to or inconsistent with the lawful
provisions of the California Public Employees' Pension Reform Act of
2013 shall be modified so as to cause them to be consistent with those
lawful provisions through a Letter of Understanding that amends the
MOU, as amended herein, and incorporated with the Memorandum of
Understanding.
ARTICLE 66
POST RETIREMENT MEDICAL BENEFITS
66.1 ANAHEIM agrees to continue sponsorship of the Retired Employee Insurance
Program through September 30.2005. Retired employees who are receiving a
post- retirement medical benefit from ANAHEIM on September 30, 2005 shall
continue to receive such benefit from ANAHEIM in accordance with the
provisions of the Memorandum of Understanding between ANAHEIM and IBEW
that was in effect at the time of their retirement. Employees who retire on or after
October 1, 2005 shall become entitled to post- retirement medical benefits solely
through and under the terms of a Trust Fund established and maintained by the
IBEW.
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66.2 IBEW shall establish a Trust to be effective no later than October 1, 2005. The
terms and conditions of the City's agreement to the Trust are set forth in a Letter
of Understanding dated August 12, 2005. The following terms and conditions
provide an overview of the Agreement, but are not meant as a substitute for the
Agreement. If any of the provisions of the following overview are inconsistent
with the terms of the Letter of Understanding, the language of the Letter of
Understanding shall prevail.
66.3 IBEW shall assume all responsibility and liability for post retirement medical
benefits for all active employees of ANAHEIM employed in classifications for
which the IBEW is the recognized employee representative ( "IBEW active
employees ") and their eligible dependents, spouses, and registered domestic
partners who separate from ANAHEIM service on or after October 1, 2005. The
IBEW shall defend, indemnify and hold ANAHEIM harmless from any legal action
or claims arising from any breach of this agreement by the Trust or the IBEW, or
failure by the Trust to fulfill its fiduciary responsibilities.
66.4 ANAHEIM shall have the right to audit the Trust on a periodic basis as
determined by the City. The Trust shall cooperate fully with any audit, and,
except to the extent limited by law, shall make all records available for inspection
and review. ANAHEIM shall pay for any audit conducted under this section.
66.5 The Trust shall be responsible for determining benefit eligibility and benefit
schedules. The Trust shall inform ANAHEIM of the eligibility and benefit
schedules it adopts effective October 1, 2005, and shall provide written notice to
ANAHEIM whenever eligibility or benefit schedules may be modified.
66.6 On October 1, 2005, or as soon thereafter as the IBEW notifies ANAHEIM that
the Trust is established, ANAHEIM shall remit to the Trust that portion of the
Post - Retirement Medical Reserves that has been set aside for employees in
classifications represented by the IBEW. The designated reserves shall be
apportioned between ANAHEIM and the Trust such that the same portion of
assets based on plan liabilities shall be allocated to retired employees receiving
Post - Retirement Medical benefits on September 30, 2005, and to those active
employees hired prior to January 1, 2002 who are employed on September 30,
2005.
66.7 ANAHEIM and IBEW agree that the Trust shall be funded by ongoing
contributions from employees and ANAHEIM.
66.7.1 Effective the first pay period following October 1, 2005, ANAHEIM shall
contribute and remit to the Trust four percent (4 %) of active IBEW
employee gross compensation, less the amount necessary to offset and
amortize ANAHEIM's actuarially determined unfunded liabilities for those
IBEW retirees who are receiving a post- retirement medical benefit from
ANAHEIM, which amount shall be retained by ANAHEIM. ANAHEIM and
IBEW agree that if the Trust is not established on October 1, 2005,
ANAHEIM will set aside amounts required by this Section. Upon
notification by the IBEW that Trust is established, ANAHEIM shall remit all
amounts set aside.
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66.7.2 Effective December 26, 2008, ANAHEIM shall remit to the Trust five
percent (5 %) of active IBEW employee gross compensation, less the
amount necessary to offset and amortize ANAHEIM's actuarially
determined unfunded liabilities for those retirees who are receiving a
post- retirement medical benefit from ANAHEIM, which amounts shall be
retained by ANAHEIM.
66.7.3 The parties further agreed that in addition to ANAHEIM's contribution set
forth above, ANAHEIM shall withhold four percent (4 %) of each
employee's base biweekly compensation, and remit those funds to the
Trust.
66.7.4 For the fiscal year ending June 30, 2006, and every two (2) years
thereafter, ANAHEIM shall conduct an actuarial valuation of ANAHEIM's
Post - Retirement Medical liabilities. The valuation shall include an
estimate of the percentage of IBEW gross payroll required to amortize
ANAHEIM's actuarially determined unfunded liabilities for those IBEW
retirees who are receiving a post- retirement medical benefit from
ANAHEIM to June 30, 2036.
66.8 IBEW may at any time direct ANAHEIM to modify the percentage withheld from
IBEW active employees as the employee contribution to the Trust in lieu of the
percentage set forth herein. Such changes will be effective the first day of the
payroll period following receipt of written authorization. No such authorization
shall affect ANAHEIM's contribution to the IBEW Trust.
66.9 Effective October 1, 2005, those active IBEW employees enrolled in the City's
mandatory Retired Health Savings plan (hired on or after January 1, 2002) will
be transferred to the IBEW Trust. ANAHEIM will convert the mandatory plan to a
voluntary plan in which all employees may participate.
66.10 ANAHEIM shall provide the IBEW Trust access to ANAHEIM sponsored health
plans at the same rates provided to all other active and retired employees of
ANAHEIM.
ARTICLE 67
PHYSICAL EXAMINATIONS
67.1 In order to be eligible for employment with ANAHEIM, candidates shall be
required to pass a physical examination, the character of which shall be in
accordance with standards established by the Human Resources Director.
67.2 In order to be eligible for promotion or transfer to a job class in a category
requiring greater physical qualification than his /her present job class, any
employee must pass the appropriate physical examination.
67.3 Any employee who returns to work after an absence in excess of forty -eight (48)
consecutive working hours due to illness or physical incapacity may be required
by his /her department head to undergo a physical examination.
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67.3.1 Any employee who fails to pass a physical examination required under
the provisions Section 67.3 may be transferred or demoted to a position
requiring lesser physical qualifications, recommended for disability
retirement, or terminated.
67.4 All physical examinations required under the provisions of this ARTICLE shall be
performed by a physician in active practice licensed by California State Law and
within the scope of his /her practice as defined by California State Law.
67.4.1 Exceptions to the provisions in Section 67.4 may be made only in the
case of out -of -state candidates for employment. In such cases, the
physician performing the examination may be a physician licensed by the
state in which the candidate resides.
67.5 ANAHEIM shall pay for any physical examination required under the provisions
of this ARTICLE.
ARTICLE 68
SAFETY COMMITTEE
68.1 ANAHEIM and UNION agree that one -half (1/2) of the membership of the Safety
Committee shall be composed of employees in classifications within the
bargaining unit. The UNION shall recommend to ANAHEIM employees for
appointment to the Safety Committee. The selection of the classification and the
appointment of the employees shall be the responsibility of the department head.
ARTICLE 69
JOINT COMMITTEE ON MEDICAL PROGRAMS
69.1 The parties to this memorandum, in recognition of the need to provide an
adequate level of medical care coverage at a reasonable cost to ANAHEIM and
its employees hereby agree to the formation of a committee to analyze current
ANAHEIM medical programs, review alternative approaches to providing medical
care programs, plan design, and investigate cost containment systems, all for the
purpose of achieving adequate low -cost medical care for the employees of
ANAHEIM.
69.2 Serving on the committee with Human Resources Department staff and
operating Department management staff shall be two (2) members from the
International Brotherhood of Electrical Workers.
69.3 This committee shall meet as often as is necessary during the life of this
Memorandum and shall report to the Human Resources Director on a periodic
basis its findings and recommendation for changes to ANAHEIM's present
medical programs. A report shall be prepared setting forth specific
recommendations as to alternatives, plan design, and cost containment
provisions. The report shall be forwarded to the Anaheim City Manager for
review.
A
69.4 Because of the complexity of the problem and the diverse interests of the
respective organizations, the parties recognize that it is incumbent upon all
members of the committee to work in a spirit of harmony and cooperation to
achieve what should be beneficial to all concerned.
ARTICLE 70
AGENCY SHOP
70.1 ANAHEIM agrees to implement an agency shop in accordance with Section
3502.5 of the Government Code effective May 1, 1984. The eligible funds
exempt from taxation under Section 501(c)(3) shall be the American Cancer
Society, the American Heart Association, and the American Lung Association.
Any dispute, which may arise out of the application or interpretation of this
ARTICLE, shall be settled in accordance with the Grievance Procedure.
ARTICLE 71
NOTIFICATION OF CONTRACTING OUT
71.1 ANAHEIM agrees to notify UNION of possible contracting out of City work or
services if such contracting out will have a significant long -term impact on work
performed by employees in classifications represented by UNION.
71.1.1 Such notification will be given before a decision to contract out is made,
and
71.1.2 UNION will have an opportunity to comment prior to a determination by
ANAHEIM to enter into contracting arrangements.
ARTICLE 72
NO STRIKE
72.1 The UNION agrees that under the terms of this Memorandum, the UNION and /or
its members shall not conduct any strikes, slowdowns or other work stoppages
against, ANAHEIM, or to withdraw from assignments to standby duty during any
grievance or dispute which may arise out of the application or interpretation of
the terms or conditions of this Memorandum or any matter subject to review
through the grievance procedure.
ARTICLE 73
CONSTRUCTION
73.1 Nothing in this Memorandum shall be construed to deny any person or employee
the rights granted by Federal and State laws and City Charter provisions. The
rights, powers and authority of the Anaheim City Council in all matters, including
the right to maintain any legal action, shall not be modified or restricted by this
Memorandum. The provisions of this Memorandum are not intended to conflict
with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of
the State of California (Sections 3500, et seq.) as amended in 1982.
ARTICLE 74
SAVINGS CLAUSE
74.1 The resolution of ANAHEIM shall provide that if any provision of this
Memorandum or the resolution is at any time, or in any way, held to be contrary
to any law by any court of proper jurisdiction, the remainder of this Memorandum
and the remainder of the resolution shall not be affected thereby, and shall
remain in full force and effect.
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ARTICLE 75
DURATION
75.1 The terms of this Memorandum are to remain in full force and effect until the 2nd
day of January, 2014. Upon adoption of a resolution approving this Memorandum
and the terms hereof by the City Council, this Memorandum shall be in full force
and effect.
STAFF OFFICIALS
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INTERNATIONAL BROTHERHOOD of
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Dated: b 113 11-?
THE CITY OF ANAHEIM
By:
APPENDIX "A"
SPECIAL PROVISIONS
A.1 Effective the first day of the pay period following City Council approval of this
Memorandum of Understanding and notwithstanding any other provision of this
MOU, ANAHEIM's remittance to the IBEW Medical Trust required by Section 66.7.2
of Article 66 — POST RETIREMENT MEDICAL BENEFITS shall not be reduced to
less than one and one -half percent (1 '/2 %) of active IBEW employee gross
compensation. ANAHEIM and IBEW agree that this Special Provision shall not
survive the tern of this agreement.
A.2 ANAHEIM agrees to pay the cost of TSA screening associated with
obtaining /renewing for the HazMat endorsement on the Class A license.
A.3 On or after July 1 2013 but no later than October 1, 2013, the PARTIES agree to
reopen on Article 65.1 "Health Insurance" with the sole intent to conform with any
changes expressly mandated by the Federal Affordable Healthcare Act.
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APPENDIX "B"
ELECTRIC CREW SUPERVISOR TRANSITION
B.1 Effective the date of City Council approval of this Memorandum of
Understanding, no employee shall be hired, promoted, transferred or reclassified
to the classification of Line Crew Supervisor or Service Crew Supervisor.
Employees classified as a Line Crew Supervisor or a Service Crew Supervisor
on the date of City Council approval of this Memorandum of Understanding shall
retain their classification except as provided in paragraph B.2.
B.2 Employees classified as a Line Crew Supervisor or a Service Crew Supervisor
may make an irrevocable choice to be reclassified to Electric Crew Supervisor.
Such employees may exercise their option to make this irrevocable choice as
long as they are classified as a Line Crew Supervisor or a Service Crew
Supervisor.
B.3 Electric Crew Supervisors will be comprised of new hires, employees promoted
after the date of City Council approval of this Memorandum of Understanding into
the classification of Electric Crew Supervisor, and current Line Crew or Service
Crew Supervisors who exercise their option to be reclassified to Electric Crew
Supervisor.
B.4 During this transition period:
• A Service Crew Supervisor working overhead will be assigned to a crew with
a minimum make -up of the supervisor and one (1) Line Mechanic. As the
work requires, an Electrical Helper or an Apprentice Line Mechanic may be
assigned to the crew.
• A Service Crew Supervisor working underground will be assigned to a crew
with a minimum make -up of the supervisor and an Electrical Helper or an
Apprentice Line Mechanic. As the work requires, a Line Mechanic,
Apprentice Line Mechanic or an additional Electrical Helper may be assigned
to the crew.
• When supervising four (4) or more employees the Service Crew Supervisor
will be compensated at the Line Crew Supervisor level.
B.5 During this transition period: A Line Crew Supervisor (overhead or underground)
will be assigned to a crew with a minimum make -up of the supervisor and two (2)
Line Mechanics. As work requires, additional employees may be assigned to the
crew.
LETTER of CLARIFICATION
between the
CITY of ANAHEIM
and the
INTERNATIONAL, BROTHERHOOD of ELECTRICAL WORKERS, Local 47
This Letter of Clarification is intended to memorialize the discussion, on February 6, 2012,
between the International Brotherhood of Electrical Workers, Local 47 and the City of Anaheim,
after meeting and conferring, in regards to the wages, hours, and terms and conditions of
employment for employees assigned by management to work an alternate work schedule, as
follows:
1. Anaheim and the International Brotherhood of Electrical Workers, Local 47 agree that
employees classified as Utilities Systems Operator may be assigned to an alternate work
schedule. Such an alternate work schedule shall not reduce service to the public.
2. Anaheim and the International Brotherhood of Electrical Workers, Local 47 agree that the
regular work schedule for certain employees classified as Utilities Systems Operators shall
work a five (5) week schedule consisting of nineteen (19) — eight (8) hour shifts and four (4)
— twelve (12) hour shifts. Such schedule shall be designed and implemented by management.
Employees who perform authorized work in excess of the regular work day or regular
workweek as defined in this Letter of Clarification and who are otherwise eligible for
overtime pay shall be compensated for such work at the hourly rates provided in Article 42
( "Overtime ") of the Memorandum of Understanding or other applicable articles of the
Memorandum of Understanding. Specifically, an employee assigned with a regularly
scheduled twelve (12) hour shift will be eligible for overtime after twelve (12) hours of
regularly scheduled work on such day.
4. Employees who do not work on the holiday or day observed in lieu of the holiday as set
forth in Article 35 ( "Holidays ") of the Memorandum of Understanding shall be required to
submit a vacation request for four (4) hours for each holiday not worked when such holiday
or day observed in lieu of the holiday falls on the employee's regular scheduled twelve (12)
hour shift.
Employees eligible for bereavement leave as set forth in Article 34.1 (`Bereavement Leave ")
of the Memorandum of Understanding continue to be eligible for a maximum of three (3)
work shifts (twenty -four (24) working hours) of bereavement leave with pay in the event of
death of a member of the immediate family. An employee shall be required to submit a
vacation request for four (4) hours of vacation for each regularly scheduled twelve (12) hour
shift that they are on such bereavement leave.
a. Employees eligible for bereavement leave asset forth in Article 34.1.1
(`Bereavement Leave ") of the Memorandum of Understanding continue to be
eligible for a maximum of one (1) work shift (eight (8) working hours) of
bereavement leave with pay in the event of death of other family members of the
employee. An employee shall be required to submit a vacation request for four (4)
hours of vacation for each regularly scheduled twelve (12) hour shift that they are on
such bereavement leave.
Employees shall have (1) hour deducted from their accrued sick leave, vacation, or industrial
accident leave for each hour of leave taken. Employees with a regular work day of twelve
(12) hours shall have twelve (12) hours deducted from their accrued sick leave, vacation, or
industrial accident leave for each regularly scheduled working day that they are on paid
leave. Employees with a regular work day of eight (8) hours shall have eight (8) hours
deducted from their accrued sick leave, vacation, or industrial accident leave for each
regularly scheduled working day that they are on paid leave.
7. Employees may be assigned to or from such alternate work schedule only effective at the
beginning of a pay period.
8. The Utilities Systems Operator alternate work schedule shall commence for a trial period of
six (6) months effective February 20, 2012. After such trial period, the alternate work
schedule may continue by mutual agreement of both parties. The alternate work schedule
may be revoked by either party upon forty-five (45) days advance written notice to the other
party.
STAFF OFFICIALS OF THE
CITY OF ANAHEIM,
A municipa corporation
By:
By. t b J
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS,
LO
Date: 2- 2 -1 Z
Date: