RES-2017-134RESOLUTION NO. 2017 - 134
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 the 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 August 21, 2017, between the International Brotherhood of Electrical
Workers, Local 47 ("IBEW") and the City of Anaheim is 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 IBEW and the City of Anaheim executed by the City
Management Representative and IBEW, on August 21, 2017, 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, 2017 through June 30, 2020.
BE IT FURTHER RESOLVED that Resolution No. 2014-077 is hereby repealed effective January
2, 2017.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of
Anaheim this 12th day of September 2017, by the following roll call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
Moreno, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
AT
CITY CLERK OF tHE CITY OF ANAHEIM
(Acting)
(I - �4 r1z
MAYOR OF THE CITY OF ANAHEIM
MEMORANDUM OF UNDERSTANDING
between the
INTERNATIONAL BROTHERHOOD
ELECTRICAL WORKERS
LOCAL 47
and the
CITY OF ANAHEIM
January 3, 2017 through June 30, 2020
TABLE OF CONTENTS
ARTICLE 1 - PREAMBLE.....................................................................................1
ARTICLE2 - PURPOSE.......................................................................................1
ARTICLE 3 - UNION RECOGNITION...................................................................1
ARTICLE4 - 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......................................3
ARTICLE 11 - DISCUSSION................................................................................4
ARTICLE12 - CHECK-OFF..................................................................................4
ARTICLE 13 - UNION ORGANIZATION...............................................................4
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 - TEMPORARY UPGRADE...........................................................12
ARTICLE 21 - PAYROLL DEDUCTIONS...........................................................13
ARTICLE 22 - GENERAL...................................................................................14
ARTICLE 23 - APPOINTMENTS AND PROMOTIONS......................................15
ARTICLE 24 - EMPLOYMENT LISTS.................................................................16
ARTICLE 25 - PROBATION...............................................................................17
ARTICLE 26 - OUTSIDE EMPLOYMENT...........................................................18
ARTICLE 27 - SERVICE AWARDS....................................................................18
ARTICLE28 - TRAINING...................................................................................18
ARTICLE 29 - SUSPENSION, DEMOTION, AND DISMISSAL ..........................18
ARTICLE 30 - REASSIGNMENT, LAYOFF, AND RE-EMPLOYMENT ..............20
ARTICLE31 - TRANSFER.................................................................................21
ARTICLE 32 - REINSTATEMENT......................................................................22
ARTICLE 33 - VOLUNTARY DEMOTION..........................................................23
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...............................................................27
ARTICLE 39 - MILITARY LEAVE........................................................................28
ARTICLE 40 - SICK LEAVE................................................................................28
ARTICLE 41 -VACATION ..................................................................................31
ARTICLE42 - OVERTIME..................................................................................34
ARTICLE 43 - BILINGUAL PAY..........................................................................36
ARTICLE44 - CALL-OUT...................................................................................36
ARTICLE 45 - DISTRIBUTION...........................................................................37
ARTICLE 46 - METER READER RULES...........................................................38
ARTICLE 47 - PLANNED OVERTIME................................................................38
ARTICLE 48 - SHIFT DIFFERENTIAL................................................................39
ARTICLE 49 - SHORT SHIFT CHANGE............................................................39
ARTICLE 50 - REST PERIOD............................................................................40
ARTICLE 51 - TRAVEL AND MILEAGE EXPENSE...........................................41
ARTICLE52 - MEALS........................................................................................41
ARTICLE 53 - POLE SWITCH OPERATION......................................................44
ARTICLE 54 - UTILITY DEPARTMENT ELECTRIC CREW MAKEUP AND
ASSIGNMENT....................................................................................................44
ARTICLE 55 - LAMP REPLACEMENT...............................................................46
ARTICLE 56 - REPLACEMENT OF TOOLS.......................................................46
ARTICLE 57 - FITNESS FOR DUTY..................................................................48
ARTICLE 58 - STANDBY DUTY.........................................................................48
ARTICLE 59 - PROJECT BASED WORK ASSIGNMENTS................................49
ARTICLE 60 - WATER INCENTIVE PAY PROGRAM........................................50
ARTICLE 61 - SAFETY BOOT ALLOWANCE....................................................52
ARTICLE 62 - HIGH VOLTAGE HAZARD PAY..................................................52
ARTICLE 63 - NORTHERN AMERICAN ELECTRIC RELIABILITY
CORPORATION (NERC) CERTIFICATION - EDUCATIONAL INCENTIVE PAY
PROGRAM.........................................................................................................53
ARTICLE 64 - CLASS "A" DRIVER LICENSE CERTIFICATION PAY................54
ARTICLE 65 - GRIEVANCE PROCEDURE........................................................54
ARTICLE 66 - INSURANCE — ACTIVE EMPLOYEES........................................58
ARTICLE 67 - POST RETIREMENT MEDICAL BENEFITS...............................64
ARTICLE 67 - PHYSICAL EXAMINATIONS.......................................................66
ARTICLE 69 - SAFETY COMMITTEE................................................................67
ARTICLE 70 - JOINT COMMITTEE ON MEDICAL PROGRAMS .......................
67
ARTICLE 71 - AGENCY SHOP..........................................................................68
ARTICLE 72 - NOTIFICATION OF CONTRACTING OUT..................................68
ARTICLE73 - NO STRIKE.................................................................................68
ARTICLE 74 - CONSTRUCTION........................................................................68
ARTICLE 75 - SAVINGS CLAUSE.....................................................................69
ARTICLE 76 - DURATION..................................................................................70
APPENDIX "A" - SPECIAL PROVISIONS..........................................................71
APPENDIX"A" — Wages.....................................................................................72
June 29, 2018 — June 27, 2019..........................................................................75
June 28, 2019 — June 30, 2020..........................................................................77
APPENDIX"B'....................................................................................................79
LETTER OF CLARIFICATION............................................................................80
Utilities System Operator Alternate Work Schedule............................................80
HVAC Mechanics at the Anaheim Convention Center........................................82
LETTERS OF UNDERSTANDING......................................................................83
Article 23 — Appointments and Promotions.........................................................83
NinePlan............................................................................................................84
North American Reliability Corporation (NERC) Certification..............................87
High Voltage Rubber Gloving Program...............................................................88
Retiree Medical Trust Fund.................................................................................92
Deferred Compensation......................................................................................
94
StandbyDuty......................................................................................................95
ARTICLE 1 - PREAMBLE
1.1 The wages, hours, and conditions of employment that are set forth in this
Memorandum of Understanding (hereinafter "MOU") have been discussed and
jointly proposed by and between the City of Anaheim (hereinafter called
"ANAHEIM") and IB.E.W. Local #47 International Brotherhood of Electrical
Workers, AFL-CIO (hereinafter "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 MOU 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
by City Council. Upon adoption of such a resolution, all the terms and conditions
of this MOU so incorporated shall become effective without any further action by
either party.
ARTICLE 2 - PURPOSE
2.1 The objectives of the parties to this MOU 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 MOU 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.
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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 UNION representatives,
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.
ARTICLE 10 - MEMORANDUM OF UNDERSTANDING
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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 MOU, and signed by the Anaheim City Management
Representative and UNION representatives. The matters incorporated in the
MOU 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.
13.1.1 The UNION shall notify the Anaheim City Management
Representative, in writing, of the names and job class titles of its
2
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/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.
13.5 ANAHEIM shall allow UNION to conduct meetings in ANAHEIM facilities.
61
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 UNION representatives 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 MOU and by this reference made a part hereof. The Anaheim City
Management Representative will not recommend any revision or modifications to
this MOU 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.
D
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 (1) 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 fourth (4th) step of the salary schedule after completion of one
(1) year of service in the third (3rd) step.
16.1.2 To the fifth (5th) step after completion of six (6) months of service in
the fourth (4th) step.
16.1.3 To the sixth (6th) step after completion of six (6) months of service in
the fifth (5th) step.
16.1.4 To the seventh (7th) step after completion of six (6) months of service
in the sixth (6th) step.
16.1.5 To the eighth (8th) step after completion of one (1) year of service in
the seventh (7th) step, except as provided in ARTICLE 16.1.8.
7
16.1.6 To the ninth (9th) step after completion of one (1) year of service in the
eighth (8th) step, except as provided in ARTICLE 16.1.8.
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 eighth (8th) step after
completion of six (6) months of service in the seventh (7th) step. They
shall be eligible for consideration for merit pay increases to the ninth
(9th) step after completion of six (6) months of service in the eighth
(8th) 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 ARTICLE 16.1 and
completion of the minimum required service in the next lower step as
provided in ARTICLE 16.1.
16.3 An employee may be reduced by one (1) 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 ninth (9th) 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 ninth
0
(911) step is equivalent to or higher than the "Y" step, at which time the employee
shall be placed in the ninth (9th) 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 four percent (4%), except when the ninth (9th) step of
the higher salary schedule provides a pay increase of less than four percent
(4%), or when the entry -step of the higher salary schedule is more than four
percent (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 ARTICLE 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 ninth (9th) 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 four percent (4%).
The employee shall be given a new anniversary date for purposes of merit pay
increases in accordance with the provisions of ARTICLE 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 (1) 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:
9
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%)
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%)
HVAC/Electrician Lead Worker (120%)
HVAC/Electrical Helper (70%)
LINE MECHANIC (100%)
Apprentice Line Mechanic (85%)
Electric Crew Supervisor (117%)
Electrical Helper (70%)
Line Crew Supervisor (117%)
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)
METER READER (100%)
Senior Utilities Service Representative (117%)
Utilities Service Representative (112%)
SUBSTATION ELECTRICIAN 100%
Apprentice Substation Electrician (85%)
Substation Electrician Supervisor (117%)
ELECTRIC METER TECHNICIAN (100%)
Apprentice Electric Meter Technician (85%)
Senior Electric Meter Technician (105%)
Electric Meter Supervisor (117%)
UTILITIES GENERATION TECHNICIAN (100%)
SUBSTATION TEST TECHNICIAN (100%)
Substation Test Technician Supervisor (117%)
Apprentice Substation Test Technician (85%)
10
UTILITIES SYSTEM OPERATOR (100%)
Utilities System Operator in Training (85%)
UTILITIES CUSTOMER SERVICE REPRESENTATIVE II (100%)
Utilities Customer Service Representative 1 (85%)
Utilities Customer Service Representative III (105%)
Utilities Senior Customer Service Representative (115%)
WAREHOUSE AND TOOLROOM WORKER (100%)
Senior Warehouse and Toolroom Worker (112.5%)
Utilities Yard Working Supervisor (120%)
Senior Apparatus Repairer (110%)
Toolroom Technician (100%)
WATER PRODUCTION TECHNICIAN (100%)
Apprentice Water Production Technician (85%)
Water Production Technician Supervisor (117%)
WATER TREATMENT OPERATOR (100%)
Laboratory Technician 1 (87.5%)
Laboratory Technician II (105%)
WATER SYSTEM OPERATOR (100%)
Senior Water System Operator (105%)
Water System Operator in Training (85%)
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.
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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.
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.
Chief Utilities Systems Operator
Electric Field Superintendent
Electric Utility Inspection Supervisor
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Senior Utilities Systems Scheduler
Warehouse Manager
Water Field Superintendent
Water Inspection Supervisor
Water Production Superintendent
Water Quality Laboratory Supervisor
Water Systems Operations Superintendent
20.3.1 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 ARTICLES 20.1 and 20.2.
20.4 If an 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:
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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;
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 UNION;
21.1.10 Purchase of United States Savings Bonds;
21.1.11 Deduction for UNION Political Action Committee;
21.1.12 Deduction for UNION Health Benefits Trust;
21.1.13 Other purposes as may be authorized by the City Council.
ARTICLE 22 - 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
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for employment shall be done to discriminate for or against an applicant because
of UNION or non -UNION 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.
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 (1) 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 solely 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.
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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.
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 (1) or more persons
eligible for employment.
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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.
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
one (1) year 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.
25.1.4 Regarding promotional probations, employees shall be eligible for
step increases as defined in ARTICLE 16 — APPROPRIATE SALARY
STEP (one-year promotional probation shall not impact an employee's
eligibility for step increase).
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 MOU.
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.
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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.
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 an 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. An employee may be suspended, demoted, or
dismissed for good and sufficient cause.
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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 (1) 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 Step III 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 any time.
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
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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 his/her department in an equivalent or lower job
class for which he/she meet the minimum requirements and have
department seniority over other employees in the job class. An
apprentice job class is 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 his/her 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 regular, 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 part-time assignment within his/her
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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 ARTICLES 30.1.3 or 30.1.4 shall lose
all rights, privileges, and benefits granted under the authority of this
MOU, 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
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 ARTICLE 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 (1) division to another
or from one (1) 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
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same salary schedule as his/her own job class shall also be considered a
transfer.
31.1.1 A transfer from one (1) division to another or from one (1) 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.
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.
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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 ARTICLE 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 ARTICLE 33.2.
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 fifth (5th) or sixth (6th) 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 (including still -born), brother, or sister of the
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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.
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, 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. An 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 fall on a weekend, 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:
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. UNION and ANAHEIM agree that such
additional hour shall not be considered overtime, and the employee
shall be paid at his/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.
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36.2 An 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 ARTICLE 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 ARTICLE 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.
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 an 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
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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 An 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 a need to be absent from work and who is not
eligible for leave with pay may request to be placed on leave without
pay. 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. An 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 ARTICLE 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
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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 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 work week 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.
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 —
W
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 California Public Employees'
Retirement System (hereinafter "PERS") 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 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.
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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.
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 Employees who are absent from their regular work shift as the result of illness or
injury shall be removed from any assigned Standby and shall not be eligible for
planned overtime or emergency call -out for twenty-four (24) hours or the
beginning of their next scheduled work shift, whichever occurs first. This
provision shall not apply to sick leave absences due to pre -planned
medical/dental appointments or absences to tend to the illness of immediate
family members.
40.11 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 PERS records if the employee dies while
employed.
40.11.1 Employees who retire in calendar year 1984 or thereafter shall receive
service credit for all hours up to one hundred seventy-five (175).
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40.11.2 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.
40.11.2.1 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.
40.12 If two (2) or more periods of total disability occur during a specific six (6) month
elimination period for the insured long term disability plan, all such periods shall
be considered as one (1) period of continuous total disability under the following
conditions:
40.13 All periods of total disability must be due to the same cause or causes; and
40.14 All recurring periods of total disability that qualify as one (1) period of continuous
total disability for the insured long term disability plan, shall qualify as one (1)
period of continuous total disability for the ANAHEIM Disability Plan and shall not
require a new one (1) month waiting period before ANAHEIM Disability Benefits
will be paid; and
40.15 Commencement of the benefit period for the insured long term disability plan
shall automatically terminate benefits from the ANAHEIM Disability Plan.
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).
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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 hours 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/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:
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.
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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 a semi-annual basis to be compensated at their
regular rate of pay for up to forty (40) hours vacation accrued but not taken,
subject to the following provisions:
41.5.1 A minimum of eighty (80) hours of vacation must have been used
during the previous twelve (12) months.
41.5.2 An employee's request for annual vacation payoff is subject to
approval by the employee's Department Head.
41.5.3 Payment shall be made in January and July of each year.
41.6 Upon termination, an employee shall be compensated in cash at his/her current
rate of pay for any vacation accrued but not taken, provided that he/she has
successfully completed his/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.
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.
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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 ARTICLE 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 ARTICLE 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
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 '/2) 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
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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
HVAC/Electrician Lead Worker
Lead Facility and Event Electrician
Lead HVAC Mechanic
42.10 All Public Utilities Department 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 Employees shall have the option of accruing up to a maximum of
eighty (80) hours compensatory time per fiscal year. Such
compensatory time shall be paid off to a balance of forty (40) hours
twice per fiscal year. Compensatory time shall be paid off on the last
payday in December and on the last payday in June each fiscal year.
A terminating employee shall be compensated at his or her current
rate of pay for accrued compensatory time.
42.10.6 Compensatory time off shall be granted in accordance with ARTICLE
41 —VACATION.
42.11 All Non -Public Utilities Department employees who earn overtime may elect to be
paid by check for any overtime worked or to be paid at the rate of one-half (1/2)
times their regular hourly rate and accrue one (1) hour of compensatory time
earned for each hour of overtime worked, subject to the following conditions:
42.11.1 Compensatory time must be so designated at the time it is earned and
once designated may not be converted to another form of overtime.
42.11.2 An employee shall have the option of accruing up to a maximum of
forty (40) hours compensatory time per fiscal year. Such
compensatory time shall be paid off to a balance of twenty (20) hours
twice per fiscal year. Compensatory time shall be paid off on the last
payday in December and on the last payday in June each fiscal year.
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42.11.3 An employee who separates service for any reason or promotes out
of the bargaining unit shall be paid at his/her current regular hourly
rate of pay for all compensatory time accrued but not taken.
42.11.4 Requests for compensatory time off shall be reviewed and approved
in accordance with ARTICLE 41 — VACATION.
ARTICLE 43 - BILINGUAL PAY
43.1 Employees required to speak in Spanish or other languages (including sign
language), as well as English, as part of the regular duties of their position, will
be compensated at the rate of sixty dollars ($60) per pay period in addition to
their regular pay.
43.2 Effective the pay period beginning January 2, 2015, employees required to speak
in Spanish or other languages (including sign language), as well as English, as
part of the regular duties of their position, will be compensated at the rate of
seventy dollars ($70) per pay period in addition to their regular pay.
43.3 Employees required to speak, and read and/or write in Spanish or other
languages(including sign language), as well as English, as part of the regular
duties of their position, will be compensated at the rate of eighty dollars ($80) per
pay period in addition to their regular pay.
43.4 Effective the pay period beginning January 2, 2015, employees required to
speak, and read and/or write in Spanish or other languages(including sign
language), as well as English, as part of the regular duties of their position, will
be compensated at the rate of ninety dollars ($90) per pay period in addition to
their regular pay.
43.5 The appropriate Department Head shall designate which positions shall be
assigned bilingual duties and which languages shall be eligible for bilingual pay.
43.6 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.
43.7 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:
36
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.
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 the 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 (1) 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
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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, Electric Crew
Supervisor, Troubleshooter, and then, Troubleshooter Supervisor.
45.6 Common call -out lists will be created for Maintenance Pipefitter Working
Supervisor.
ARTICLE 46 - METER READER RULES
46.1 An employee working in the classification of Meter Reader who has completed
eight (8) 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
value or portion thereof that is assigned on the same day. One (1) 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.
For the purpose of this ARTICLE, "immediately prior to or following" shall be
understood to mean no more than three (3) hours.
47.2.1 Employees who are notified of cancellation of planned overtime after
the close of their regularly scheduled work shift immediately preceding
M
the planned overtime, shall receive one-half (1/2) hour pay at the
appropriate overtime rate.
47.3 Planned overtime lists shall be prepared each pay period and posted each
payday. The planned overtime list may be combined with the emergency call -out
list as determined by the operating department (e.g., Public Utilities, Public
Works, or Convention Center).
47.4 All overtime worked or declined shall be charged
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 one dollar and seventy-five cents
($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 two dollars and twenty-five cents
($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.
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 'h) the employee's regular 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.
39
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 (1) 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 a
regular shift rotation or which hours are worked as a result of shift changes or
changes in days off that were mutually agreed upon by employees for their own
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 his/her 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.
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 choose 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
.O
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 division or department 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 his/her regularly scheduled work shift,
will be denied an eight (8) hour rest period, if the employee requests such rest
period because of his/her 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.
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 their regular or planned work day. Meal compensation is not earned
for any hours worked during a regularly scheduled work shift.
41
52.2 Effective the first pay period following approval of this MOU by the City Council,
meal compensation shall consist of eighteen dollars ($18) 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 (1) 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 '/2) hours after normal quitting time, one
(1) meal compensation will be earned.
52.3.3 Employees called out to work one (1) hour or more prior to the
beginning of a regular work shift will be paid meal allowance for two
(2) 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 (1) 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 lunch break), thereafter, one (1) 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.
42
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 Y2) hours
after normal quitting time and if the employee works beyond two and
one-half (2 '/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
another 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:
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)
43
hours are 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 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.
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 -
(2) person aerial device in an energized primary
circuit.
44
54.1.2.2 Installing and removing single phase and three
phase transformers being installed one (1) at a
time.
54.1.2.3 Constructing overhead line extensions.
54.1.2.4 Performing energized TVI 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.
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.
1,
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 UNION 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.
56.1.1 Line Mechanic, Electric Crew Supervisor, Utilities Troubleshooter,
and/or Utilities Troubleshooter Supervisor
56.1.1.1 Body belt, including pliers, holster, and bolt bag
56.1.1.2 Climbers
56.1.1.3 Straps and pads
56.1.1.4 Kline pliers
56.1.1.5 Skinning knife
46
56.1.1.6
Speed wrench (1/2 — 9/16) and (5/8 and 3/4)
56.1.1.7
Wire strippers
56.1.1.8
Side cutters
56.1.1.9
Phillips screwdrivers
56.1.2 Substation Electrician
56.1.2.1
Body belt
56.1.2.2
Kline pliers
56.1.2.3
Skinning knife
56.1.2.4
Channel lock pliers
56.1.2.5
Medium and larger common screwdriver
56.1.2.6
Medium and larger Phillips screwdriver
56.1.2.7
Leather tool pouch with belt
56.1.2.8
Wire strippers
56.1.2.9
Side cutters
56.1.3 Substation Test Technician
56.1.3.1
Spin tight, nut drivers
56.1.3.2
Screwdrivers
56.1.3.3
Pliers, needle nose
56.1.3.4
Pliers, linemen
56.1.3.5
Wrench, 5/32" to 7/16"
56.1.3.6
Puller, fuse
56.1.3.7
Pliers, side cutters
56.1.3.8
Wire stripper
56.1.3.9
Hammer, 502
56.1.3.10
Punch, center
56.1.3.11
Skinning knife
47
56.1.3.12 Hex key set
56.1.3.13 Pliers, slip joint
56.1.3.14 Phillips screwdrivers
56.1.4 Electric Meter Technician
56.1.4.1 Tool pouch (AEA)
56.1.4.2 Belt (for above)
56.1.4.3 Screwdrivers: Phillips, Flat (large), Flat (small), and
Holding
56.1.4.4 Diagonal wire cutters
56.1.4.5
Long nose pliers
56.1.4.6
Slip joint pliers ("Channel -lock")
561.4.7
Electricians knife
56.1.4.8 Side cutters
561.4.9 Wire strippers
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 ANAHEIM may assign to standby duty employees in any classification
represented by the UNION to ensure operational effectiveness and appropriate
emergency response.
58.2 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 three (3) hours of pay at his/her regular hourly rate of pay for
each calendar day of such standby duty, except as provided in ARTICLE 58.2.2.
58.2.1 Only journey -level or higher employees shall be assigned to standby
duty except that ANAHEIM may, for the purpose of familiarization and
training, assign trainees to standby duty provided that during any
callout, the trainee is accompanied by a journey -level or higher
employee on standby.
58.2.2 Employees assigned to standby who are assigned to drive a City
vehicle to and from home shall be compensated for actual travel time
at the overtime rate up to a maximum of forty-five (45) minutes each
way and shall be guaranteed two (2) hours of pay at his/her regular
hourly rate of pay for each calendar day of such standby duty.
58.3 ANAHEIM shall notify UNION at least two (2) weeks prior to implementing or
significantly modifying standby provisions in a work unit.
ARTICLE 59 - PROJECT BASED WORK ASSIGNMENTS
59.1 ANAHEIM and the UNION agree that in certain instances changes and/or
waivers of MOU provisions may be necessary primarily for job security.
59.2 ANAHEIM or UNION may initiate a 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 ARTICLE 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.
Me]
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 Maintenance Pipefitter Working Supervisor shall require
achievement of all three (3) requirements outlined in ARTICLE 60.4 above.
60.7 ANAHEIM shall provide certification pay to employees in the Water Utility who
possess Department of Health Services (hereinafter "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:
WE
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
WE
WATER OPERATIONS
Senior Water System
Operator
Water System Operator
Water System Operator in
Training
N/A
4
N/A
5
5
N/A
4
4
N/A
5
5
N/A
3
3
N/A
4
4
N/A
WATER T&D
Maintenance Pipefitter
Working Supervisor
Maintenance Pipefitter
Apprentice Maintenance
Pipefitter
Water Meter Supervisor
Water Meter Repairer II
Water Meter Repairer 1
2
3
N/A
5
5
N/A
2
3
N/A
5
5
N/A
2
3
N/A
3
4
N/A
2
4
N/A
3
5
N/A
2
3
N/A
5
5
N/A
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 sixty dollars ($60) per pay period for
each category in which he/she has obtained the minimum required
grade level.
60.8.2 An employee who has been certified at the grade level required for
Level II in Water Treatment, Water Distribution, or Laboratory Analyst
as specified above shall receive ninety dollars ($90) per pay period for
each category in which he/she has obtained the minimum required
grade level.
51
60.8.3 In no event shall an employee receive more than ninety dollars ($90)
per pay period for any category for which he/she 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 ARTICLE 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 five hundred dollars ($500), 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 three hundred
dollars ($300) to employees in classifications represented by the UNION 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." ANAHEIM agrees to consider additional classifications as
recommended by Departmental Safety Committees.
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
ARTICLE 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 (4%) x Line
Mechanic ninth (91h) step:
62.1.2.1 Electric Crew Supervisor
62.1.2.2 Line Mechanic
62.1.2.3 Line Crew Supervisor
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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 ARTICLE 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 this MOU 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 regular, full-time employees are eligible for the High Voltage
Hazard Pay. Probationary employees are not eligible.
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
(4%) x Utilities Systems Operator ninth step "9" pay 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 regular, full-time employees are eligible for the
NERC Certification - Educational Incentive Pay.
Probationary employees are not eligible.
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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 UNION 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.
ARTICLE 64 - CLASS "A" DRIVER LICENSE CERTIFICATION PAY
64.1 A regular, full-time employee whose position requires possession of a Class "A"
driver license shall receive Class "A" certification pay of three hundred dollars
($300) on the first day following confirmation by their Executive Manager that the
employee possesses a Class "A" driver license in good standing.
64.1.1 The Class "A" certification pay shall be paid once each fiscal year on
the first payday in January.
64.1.2 Probationary employees shall not be eligible for Class "A" certification
pay.
64.2 ANAHEIM agrees to pay the cost of TSA screening associated with
obtaining/renewing for the HazMat endorsement on Class "A" driver licenses.
ARTICLE 65 - GRIEVANCE PROCEDURE
65.1 The dispute resolution procedures set forth in this ARTICLE are intended for use
by ANAHEIM and UNION as the parties to this MOU. No grievance may be
brought under this ARTICLE unless specifically authorized in writing by UNION.
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Nothing herein is intended to restrict or limit an employee from exercising any
right he/she may otherwise possess under the law, independent of this MOU.
65.2 Any alleged violation of the terms and conditions of this MOU 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 MOU 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.
65.2.1 ARTICLE 29.4 provides for an accelerated procedure under the
provisions of this ARTICLE when an employee is dismissed.
65.2.2 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.
65.2.3 Employees' rights to representation in grievance matters under the
provisions of ARTICLE 65.2 above shall be limited in the following
manner:
65.2.3.1 No supervisor shall be represented in grievance
matters by an employee whom he/she may
supervise.
65.2.3.2 No employee shall be represented in grievance
matters by a supervisor for whom he/she may work.
65.2.4 Performance evaluations of an overall rating of "Valued Contributor"
shall not be subject to the grievance process nor through the
administrative review procedure set forth in ARTICLE 65.2.5.
65.2.5 In those instances where discipline is imposed other than salary step
reduction, suspension, demotion, or dismissal, IBEW may submit a
written request for a review of the disciplinary action through the
administrative review procedure.
65.2.5.1 Administrative Review Procedure:
The written request must be submitted to the
Human Resources Department within fourteen (14)
calendar days after receipt of notice by the
employee of the disciplinary action. The
Department Head under which the discipline was
administered shall conduct an administrative review
within fourteen (14) calendar days of submission of
the written request.
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The Department Head shall review the disciplinary
action and may affirm, reverse, or modify, as
deemed appropriate, the disciplinary action. The
Department Head's determination shall be
delivered in writing within fourteen (14) calendar
days after the administrative review. The
Department Head's determination shall be final and
binding.
65.3 Any violation of this MOU 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.
65.4 All costs of arbitration services utilized for resolution of any dispute between
ANAHEIM and UNION shall be borne equally by ANAHEIM and UNION.
65.5 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
that the earnings from such employment remained constant during the
employee's absence from work.
65.6 Employee grievances submitted by UNION to ANAHEIM shall be handled in the
following manner:
65.6.1 Step I. 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 I 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.
65.6.2 Step II. If the grievance is not adjusted to the satisfaction of the
UNION in Step I, 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 I 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 Step I and the Step II answer
shall be delivered to the UNION within ten (10) working days after
said meeting.
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65.6.3 Step III. If the UNION is not satisfied with the Step II answer, 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 Step II answer is received.
65.6.4 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 Step II. 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.
65.7 In order to proceed to arbitration, either ANAHEIM or UNION shall serve written
notice to the other party specifying the grievance to be submitted.
65.7.1 Such written notice must be submitted no later than thirty (30)
calendar days after the Step I I answer is received by the other party.
65.7.2 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, or 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.
65.8 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 MOU between ANAHEIM and the UNION and that
the arbitrator's award shall be consistent with and controlled by this MOU, the
Ordinances and Charter of ANAHEIM, and the laws and Constitution of the State
of California.
65.9 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.
65.10 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.
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65.10.1 Any Step I or Step II answer not provided by ANAHEIM to UNION
within the time limits specified in ARTICLES 65.6.1 and 65.6.2 above
shall be deemed a waiver by CITY of Step I or Step II of the grievance
process; however, UNION and ANAHEIM may agree to continue said
time limits. Upon waiver by ANAHEIM of Step I or Step II, UNION
may submit the grievance for consideration at the next step.
65.11 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or
recommended by an employee or employee organization shall not be considered
to be a matter subject to review through the grievance procedure.
65.12 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
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 66 - INSURANCE — ACTIVE EMPLOYEES
66.1 Health Insurance
66.1.1 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 ten
dollar ($10) co -payment for outpatient and physician services until
January 1, 2007, at which time the co -payment shall be increased to
fifteen dollars ($15).
66.1.2 For all medical plans, married ANAHEIM employee couples shall be
allowed only one (1) medical plan and only one (1) dental plan to
cover all family members, and married ANAHEIM employee couples
covered by one (1) 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
611E-3
described in ARTICLE 66.2.2 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.
66.1.3 Proof of marriage will be required of all employees when adding a
new spouse to any current medical plan.
66.1.3.1 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").
66.1.4 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.
66.1.5 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 MOU in effect on the date the fee increase is
effective shall be applied to the new fees.
66.1.6 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.
66.1.7 Effective January 1, 2006, the PharmaCare prescription co -payment
shall be changed to $10/$25/$30, ten dollars ($10) for generic
formulary, twenty-five dollars ($25) for non -generic formulary, and
thirty ($30) for non -formulary.
66.2 ANAHEIM and Employee Contributions
66.2.1 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).
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66.2.2 Employees who are covered by other health plans may present proof
of such coverage in order to receive one hundred twenty-five dollars
($125) 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 ARTICLE
66.1.2. 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.
66.2.3.1 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 ARTICLE 66.1.1 and for dental
plans set forth in ARTICLE 66.5.3.
66.3 Life Insurance
66.3.1 For Life Insurance, ANAHEIM agrees to provide fifty thousand dollars
($50,000) of group term life insurance during the term of this MOU.
66.3.1.1 Dependent coverage with an insurance volume of
ten thousand dollars ($10,000) per dependent may
be added to the life insurance average at the option
of the employee.
66.3.1.2 ANAHEIM agrees to provide supplemental term life
insurance of up to four hundred fifty thousand
dollars ($450,000) in increments of fifty thousand
dollars ($50,000). One hundred percent (100%) of
the cost of the supplemental term life insurance
shall be paid by the employee.
66.3.2 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.
66.3.2.1 UNION 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.
66.3.2.2 UNION 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.
66.3.3 An employee who retires shall receive a paid-up life insurance policy,
paid for wholly by ANAHEIM, with a face value of one hundred dollars
($100) for each complete year of service and fifty dollars ($50) for
more than six (6) months, but less than a complete year of service up
to a maximum of two thousand dollars ($2,000).
66.3.4 Permanent and Total Disability Life Insurance Benefit:
66.3.4.1 An employee who is eligible to retire and who is
permanently and totally disabled shall receive the
following Life Insurance benefit:
• One hundred dollars ($100) 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.
66.3.4.2 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.
66.3.4.3 This language expresses the intent of the parties.
The precise language shall be prepared by
insurance attorneys.
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66.4 Long -Term Disability Benefits
66.4.1 ANAHEIM agrees to pay the cost of long-term disability insurance
premiums during the term of this MOU.
66.4.2 ANAHEIM shall pay the premium for employee group long-term
disability insurance coverage in accordance with the provisions of any
contract between ANAHEIM and any company or companies
providing such coverage.
66.5 Dental Plans
66.5.1 ANAHEIM agrees to continue sponsorship of the fee for service dental
plan.
66.5.2 ANAHEIM agrees to continue sponsorship of prepaid dental plans.
66.5.3 ANAHEIM shall during the term of this MOU pay up to the contribution
rate in effect in 2007: Single, twenty-four dollars and ninety-nine
cents ($24.99); 2 -Party, thirty-eight dollars and ninety-nine cents
($38.99); Family, fifty-six dollars and three cents ($56.03) towards the
premium cost of the plan selected by the employee.
66.6 Short Term Disability
66.6.1 ANAHEIM agrees to continue sponsorship of the employee paid
short-term disability insurance coverage for presently enrolled
employees during the term of this MOU.
66.6.2 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.
66.7 Pensions
66.7.1 ANAHEIM shall contribute a portion of the cost of employee
retirement benefits in accordance with the provisions of the contract
between ANAHEIM and PERS, and in accordance with provisions of
this MOU.
66.7.1.1 ANAHEIM agrees to implement procedures to
amend the PERS Miscellaneous Plan for Anaheim
City, Employer Number 303, to provide
Government Code section 21354.5 ('27% @ 55")
retirement benefits to be effective on or before
January 1, 2006, contingent upon agreement being
reached with all bargaining units representing
miscellaneous employees.
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66.7.1.1.1 ANAHEIM and UNION agree that the incremental
cost to implement Government Code section
21354.5 ("2.7% @ 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 MOU.
66.7.1.1.2ANAHEIM and UNION agree that the incremental cost to
implement Government Code section 21354.5
("2.7% @ 55") retirement benefits of 6.4% of
employee compensation shall be the ongoing
defined contribution by ANAHEIM.
66.7.1.1.3ANAHEIM and UNION agree that it is the intent of the
parties that any variances in the employer rate
attributable to the implementation of Government
Code section 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.
66.7.1.1.4 A rate variance shall be calculated for a fiscal year
based upon the PERS 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
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.
66.7.1.1.5 UNION and ANAHEIM agree to modify ARTICLES
66.7.1.1.3 and 66.7.1.1.4. Employee contributions
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to the employer contribution rate shall be capped at
four percent (4%).
66.7.2 ANAHEIM shall contribute a portion of the cost of employee survivors'
benefits in accordance with the provisions of the above contract.
66.7.3 ANAHEIM agrees to pay seven percent (7%) of the PERS employee
contribution for all employees covered by this MOU, until July 2, 2015.
66.7.3.1 Effective the pay period beginning July 3, 2015, employees
shall pay eight percent (8%) of the statutorily required employee
contribution rate.
66.7.4 UNION and ANAHEIM agree that ANAHEIM will amend PERS
Miscellaneous Plan for Anaheim City, Employer Number 303, 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% 62" defined formula (Government Code section
7522.20(a)), with a final compensation period of three (3) consecutive
years (Government Code section 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 sections 7522.30 and 20516.
66.7.5 UNION and ANAHEIM agree that any provision of ARTICLE 66.7.5,
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 MOU.
ARTICLE 67 - POST RETIREMENT MEDICAL BENEFITS
67.1 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 MOU between ANAHEIM and UNION 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 UNION.
67.2 UNION 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
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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.
67.3 UNION shall assume all responsibility and liability for post retirement medical
benefits for all active employees of ANAHEIM employed in classifications for
which the UNION is the recognized employee representative ("UNION active
employees") and their eligible dependents, spouses, and registered domestic
partners who separate from ANAHEIM service on or after October 1, 2005. The
UNION 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
UNION, or failure by the Trust to fulfill its fiduciary responsibilities.
67.4 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.
67.5 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.
67.6 On October 1, 2005, or as soon thereafter as the UNION 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 UNION. 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.
67.7 ANAHEIM and UNION agree that the Trust shall be funded by ongoing
contributions from employees and ANAHEIM.
67.7.1 Effective the first pay period following October 1, 2005, ANAHEIM
shall contribute and remit to the Trust four percent (4%) of active
UNION employee gross compensation, less the amount necessary to
offset and amortize ANAHEIM's actuarially determined unfunded
liabilities for those UNION retirees who are receiving a post-retirement
medical benefit from ANAHEIM, which amount shall be retained by
ANAHEIM. ANAHEIM and UNION 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 UNION that Trust is
established, ANAHEIM shall remit all amounts set aside.
67.7.2 Effective December 26, 2008, ANAHEIM shall remit to the Trust five
percent (5%) of active UNION employee gross compensation, less the
amount necessary to offset and amortize ANAHEIM's actuarially
determined unfunded liabilities for those retirees who are receiving a
M
post-retirement medical benefit from ANAHEIM, which amounts shall
be retained by ANAHEIM. This Post Retirement Medical Benefit
contribution shall not be reduced to less than one-half percent (1/2%)
of active UNION employee gross compensation.
67.7.3 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.
67.7.4 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 UNION gross payroll
required to amortize ANAHEIM's actuarially determined unfunded
liabilities for those UNION retirees who are receiving a post-retirement
medical benefit from ANAHEIM to June 30, 2036.
67.8 UNION may at any time direct ANAHEIM to modify the percentage withheld from
UNION 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 UNION Trust.
67.9 Effective October 1, 2005, those active UNION employees enrolled in the City's
mandatory Retired Health Savings plan (hired on or after January 1, 2002) will
be transferred to the UNION Trust. ANAHEIM will convert the mandatory plan to
a voluntary plan in which all employees may participate.
67.10 ANAHEIM shall provide the UNION 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
68.1 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.
68.2 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, an
employee must pass the appropriate physical examination.
68.3 An 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.
68.3.1 An employee who fails to pass a physical examination required under
the provisions ARTICLE 68.3 may be transferred or demoted to a
..
position requiring lesser physical qualifications, recommended for
disability retirement, or terminated.
68.4 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.
68.4.1 Exceptions to the provisions in ARTICLE 68.4 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.
68.5 ANAHEIM shall pay for any physical examination required under the provisions
of this ARTICLE.
ARTICLE 69 - SAFETY COMMITTEE
69.1 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 70 - JOINT COMMITTEE ON MEDICAL PROGRAMS
70.1 The parties to this MOU, 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.
70.2 Serving on the committee with Human Resources Department staff and
operating department management staff shall be two (2) members from the
UNION.
70.3 This committee shall meet as often as is necessary during the life of this MOU
and shall report to the Human Resources Director on a periodic basis its findings
and recommendations for change 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.
70.4 Because of the complexity of the problem and the diverse interests of the
respective organizations, the parties recognize that it is incumbent upon all
67
members of the committee to work in a spirit of harmony and cooperation to
achieve what should be beneficial to all concerned.
ARTICLE 71 - AGENCY SHOP
71.1 ANAHEIM agrees to implement an agency shop in accordance with Government
Code section 3502.5 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 72 - NOTIFICATION OF CONTRACTING OUT
72.1 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.
72.1.1 Such notification will be given before a decision to contract out is
made, and
72.1.2 UNION will have an opportunity to comment prior to a determination
by ANAHEIM to enter into contracting arrangements.
ARTICLE 73 - NO STRIKE
73.1 The UNION agrees that under the terms of this MOU, 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 MOU or any matter subject to review through the
grievance procedure.
ARTICLE 74 - CONSTRUCTION
74.1 Nothing in this MOU 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 MOU.
The provisions of this MOU are not intended to conflict with the provisions of
Chapter 10, Division 4, Title 1 of the Government Code of the State of California
(Section 3500, et seq.) as amended in 1982.
ARTICLE 75 - SAVINGS CLAUSE
75.1 The resolution of ANAHEIM shall provide that if any provision of this MOU 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 MOU and the remainder of the
Resolution shall not be affected thereby, and shall remain in full force and effect.
ARTICLE 76 - DURATION
76.1 The terms of this MOU are to remain in full force and effect until the 301h day of
June, 2020. Upon adoption of a resolution approving this MOU and the terms
hereof by the City Council, this MOU shall be in full force and effect.
STAFF OFFICIALS OF THE CITY OF ANAHEIM, INTERNATIONAL BROTHERHOOD of
a Munici rporation ELECTRI RKERS, LOCAL 47
By: By:
By: BY
By:kyt'-�-
By:
By:
By:
Dated:
70
By:
By:
By:
By:
By:
By:
APPENDIX "A" - SPECIAL PROVISIONS
A.1 At the sole discretion of the City, the PARTIES agree to reopen during the term of
this agreement on ARTICLE 66.1 "Health Insurance" as a result of any changes by
the Federal Affordable Healthcare Act.
A.2 Effective the pay period beginning June 30, 2017, employees shall receive a three
percent (3%) wage increase.
A.3 Effective the pay period beginning June 29, 2018, employees shall receive a two
and a half percent (2'/%) wage increase.
A.4 Effective the pay period beginning June 28, 2019, employees shall receive a
three percent (3%) wage increase.
A.5 Effective the pay period beginning June 29, 2018, the following benchmark
classifications (and classifications with a salary relationship to the classifications
below) shall receive an additional wage differential of three percent (3%) due to
recruitment and retention issues:
a. Water Production Technician
b. Electric Meter Technician
c. Electric Utility Inspector
d. Line Mechanic
e. Substation Electrician
f. Utilities Generation Technician
g. Substation Test Technician
h. Water System Operator
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APPENDIX "B"
ELECTRIC CREW SUPERVISOR TRANSITION
B.1 Effective the date of City Council approval of this MOU, 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 MOU 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 MOU 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 makeup 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 makeup 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 makeup of the supervisor and two (2)
Line Mechanics. As work requires, additional employees may be assigned to the
crew.
79
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:
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.
3. 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 f'or 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.
5. 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 as set 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
:1
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.
6. 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.
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
Bv:
10 -4 E 1713.11
Date: ? 2 -/ Z
[.*51
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS,
Ke7
Date: Z-2f9-iZ-
LET"I'ER of CLARIFICATION
between the
CITY of ANAHEIM
and the
INTERNAT1ONN AL BROTHERHOOD of ELECTRICAL WORKERS, .Local 47
This Letter of Clarification is intended to memorialize the discussion, on October', 2014, between the
International Brotherhood of Electrical. Workers, Local 47 ("IBEW") and the City of Anaheim
("ANAHEIM"), in regards to implementing shift rotations for employees working as MVAC _Mechanic at
the Anaheim Convention Center. The terms and conditions are as follows:
1. IBEAP and ANAI-IEIM agree that beginning July 1. 2015, ANAHEIM WWII offer the evening shift to
all HIVAC: Mechanics working at the Anaheim Convention Center.
2. The evening shift shall be worked on a volunta.ry basis; unless no BVAC Mechanics volunteer to
work the evening shift. At such time, ANAHELM retains, exclusively, all its inherent rights,
functions, duties, and responsibilities to mandatorily schedule personnel as ANAHEIM deems fit.
a. If ANAHEIM receives more than one (I) HVAC Mechwtic. wfnn is qualified to work the
evening shift, ANAHEIM shall use Cite seniority for such determination.
b. In subsequent shift rotations; if the same individuals volunteer for the evening shift., IBEW
and ANAHELV agree that the evening shift shall be assio, ad equitably.
3_ Any RVAC Mechanic who volunteers for and is selected to work the evening shift shall be able to
perform any and all duties and responsibilities.
4, Any 14VAC Mechanic who volunteers for and is selected to wort: the evening shirt shall coniniit to a
one (1 ) year shift rotation.
F., An MIAC Mechanic who desires to opt out ofhis:her one (l) year shift rotation shall be
responsible for finding a replacement. if such H''AC Mechanic is unable to find a
replacement, heishe must complete the rernaining portion of hislher rotation;.
b. ANAHEN retains, exclusively, all its inherent rights, functions, duties, and responsibilities
to remove am individual horn the eveni.n6 shift at any tune.
5. ItEW and A?,;AHEI�V agree that this Letter &'Clarification shall be non -precedent setting on other
work areas throughout the Cite.
STAFF OFFICIALS OF THE
CITY OF ANAHELM,
INTERNATIONAL EROTHF-RHOOD
OF ELECTRICAL WORKERS,
LOCAL NIt„IEIt 47
By
�J
r
Date:
82
LETTER OF UNDERSTANDING
BETWEEN THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL t47
AND THE
CITY OF ANAHEIM
The ZL'T..RNATIONAL ER=rM:ZHO0D OF MD=CAL WORKERS, LOCAL #47, (IBEK, LOCAL
#47) and the CITY OF ANAHEIM (ANAHEIM), after ;meeting .and conferring, have
reached an understanding on the wages, hours, and other terms and conditions
of employmnt for employees appointed or promoted by management from a
part -tine position to a full-time position in the same job class as
saecific:ally provided herein.
ANAHEIM and the !B 1, LOCAL #47 agree to modify the M-zwrandum of
Understanding between the parties, datcd October 6, 1.989, as follows:
s..
ARTICLE 23
AF''r oltlrn ENTS AND PRCV<TIONS
23.01 Notwithstanding any other provision of this Article, vacant___
positions in the classified service may be filled by appcintL
na_rt-timc enmlavees currently e=loved in the follawing part -ti=
UHA.NGE :
.-v level CIA ssif�
aivalent full -
classifications:
?art -time Meter Reader to Full-titoe Meter Reader
Part-tim4 Customr Service r'teprescmtatiye I to full -ti
C=toaer Service Representative T_
Part-time Custom.- Service Rea.^esentative II to full-time
Customer Servicc ReTDresentative II
Dart -time Facility Ghent Electrician to foal -tine faci'_ity
Gent Electrician
23.8 ANAHEIM agrees to utilize part-ti.W in
the following job classifications only when all regular
x`o-Adz` positions are filled, except during periods of recru.itm°nt
(up to six mnths after a vacancy occurs):
Part -ti= 14 --ter Reader
Part-time Customer Service Representative 1
Part-time Customer Service Representative II
Part -tine Facility Event Electrician
STAFF OFFICIALS OF THE
CITY ANAHEIM, a
Muni Cortaoratio
By
By
A - ty
N
INTERNATIONAL HRCT.9ER iOOD
OF ELEZIRICAL MRKERS ,
LOCAL NO. 47
BY
Dated: � -I r
LETTER OF UNDERST—ANDING,
between the
INTERNATIONAL BROTHERHODD:OF ELECTRICAL WORKERS,
LOCAL 47
and the
CITYOF -ANARE-IM
The International: Brotherhood of 'Electrical Workers, Local 47, CIBEW),.. and
the City of Anaheim: (ANAHEIM).after rnekin.g.::and cdnferr.ing, have matked an
understatiding regarding boli,dziys :,,for emplpye:es Who work in Mainteriance
Services and who are assigned by. Managem., ent to work z Nine 'Plan'! alternate,
w&kschedule. The PARTIE&,have reached an understary6ingas-.follows:
Effective, the first 'ftl*1dziy..,t llowim City tCU'nr--[] approval of this Letter cif
Under'skanding, foremo*lloyees Who In Maintenance Services who are
assign-ed!ay managerneritto work thee.NinePlan attefnaitescheduiie:
• If the: holjda.Y..falls on an employee's nine "hour work -day., the --employee will
'receive only ..8,hou.rs
The employee.:shall be, required to' submit a. :request, for one hour of
vacation to be:th-arged.�to that day, anlesq, at mnage m- Vs discretionthe
,�Mol up , i nc'e ti 'hbrizatio to e7
employee- rep And rer-eivesm written n ,rnak
up that, hour, Employees .1 will make up the hour by working one hour in
.addition to, their regularwofk-Ishift .an seine other d4y Auring . the ,same
warkperjod. IBEW and ANAHEIM agree that such additional houe,worked
shall,nbt be,contidered overtime andth-eernpilloyee - shall, be: paid at his or
her regular hourly rate of�pay-
Irthe event an empoyee
I d not requesttbmake=up'-thehour .orisnct
oes.-
authorized to make=up the :hour the employee shall becharged one (1)
'hour Of vacation. In the ,eventan, employee daes not 'have sufffident
vacation tim- etc) coverthebour, Dr. in the .event the. �emplqyee is not eligible
for vacation, the emoloyee.shall be .charged onc—Cl'- hour of'autthcrized
leavewi0out pay.
2, This 'AgreeTnant constitutes the entire. AgreeMentlbetween the PA MCES, No
Modification of this Agreement hall be valid'Uhiess in Mitingand :signed by
the, PARTIES. Any representation,,w,arranlc�, :pmmise, or statement of
informabon shall hot bland the PARTIES tinless it is'specifcal]y set -forth in this
Agreement
0
LETTER of UNDERSTANDING
between the
CITY of ANAHEIM
and the
INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47
The International Brotherhood of Electrical Workers, Local 47 and the City of Anaheim, after
meeting and conferring, have reached an understanding on the wages, hours and terms
and other conditions of employment for employees assigned by management to work the
Nine Plan, as follows:
NINE PLAN
1. Anaheim and the International Brotherhood of Electrical Workers, Local 47 agree that
employees of the Fleet and Facility Maintenance Division may be assigned to a Nine Plan
alternate work scheduled in order to reduce trips to and from work. Such an alternate
work schedule shall not reduce service to the public.
Anaheim and the International Brotherhood of Electrical Workers, Local 47, agree that
employees of the Public Utilites Department may be assigned by management to a Nine
Plan alternate work schedule with the concurrence of the effected employees.
Consideration of a Nine plan alternate work schedule may be initiated by either
management or employees. Employees may be removed from a Nine plan alternate
work schedule by management at any time but shall normally be provided a minimum
of two (2) weeks notice.
Anaheim and the International Brotherhood of Electrical Workers, Local 47 agree that
the regular work schedule for employees- assigned to the Nine Plan by management
shall be eight (8) nine (9) hour work days and one (1) eight (8 hour work day in each
bi-weekly pay period. Such schedule shall be designed and implemented by
management. A work period of seven (7) consecutive calendar days shall be assigned
to each employee assigned to the Nine Plan. An employee will be scheduled to work a
regular work schedule of forty (4) hours in each work period.
4. Employees who perform authorized work in excess of the regular work day or regular
workweek as defined in this Letter of Understanding 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 to
the Nine Plan with a regularly scheduled nine (9) hour work day will be eligible for
overtime after nine (9) hours of regularly scheduled work on such a day.
5. 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 one (1) hour for each holiday not worked.
6. Employees eligible for bereavement leave as set forth in ARTICLE 34 (Bereavement
Leave) continue to be eligible for a maximum of twenty-four (24) working hours of
bereavement leave with pay in the event of death of a member of the immediate family.
An employee assigned to the Nine Plan and absent for three (3) working days or
twenty-seven (27) working hours shall be required to submit a vacation request for
A - v IBEW07/28105 to 01/08/09
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three (3) hours of vacation. Employees eligible for bereavement leave as set forth in
ARTICLE 34.01 of the Memorandum of Understanding shall be required to submit a
vacation request for one (1) hour for each work day of bereavement leave.
7. Employees shall have one (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 nine (9) hours shall have nine (9) 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.
8. Employees may be assigned to or from the Nine Plan work schedule only effective at the
beginning of a pay period.
9. The Nine Plan work schedule may continue by mutual agreement of both parties. The
Nine Plan 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 municipal corporation
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS,
LOCAL NUMBER 47
BY: David Hill BY:_Bob Villalobos
BY: Darryl Meekhof
DATED: 8/2/94
A -Vi IBEW07/28/05 to 01/08/09
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LETTER OF UNDERSTANDING
between the
INTERNATIONAL BROTHERHOOD of ELECTRICAL
and the
CITY OF ANAHEIM
WORKERS, Local 47
The International Brotherhood of Electrical Workers, Local 47 (IBEW), and the City of Anaheim
(ANAHEIM) have met and conferred and reached an agreement intended to ensure that the Electric
Systems Operations Division of the City of Anaheim Public Utilities Department is adequately prepared in
the event the Division becomes subject to mandatory reliability standards as the result of registration as a
"Transmission Operator" by the North American Reliability Corporation (NERC). The Parties hereby
agree:
Any employee in a classification in the Utilities Systems Operator series who obtains NERC
certification as a Transmission Operator on or before December 31, 2009 shall receive a one-
time certification award of $5,000.
The Parties acknowledge that the provisions of Section 1 above are an interim measure, intended
to ensure that ANAHEIM is adequately prepared in the event of registration as a "Transmission
Operator" by the NERC,. and ANAHEIM hereby acknowledges its obligation -to meet and confer
regarding the possible impact on terms and conditions of employment of employees in
classifications represented by the 1BEW at such time as ANAHEIM is actually registered as a
"Transmission Operator" by the NERC.
STAFF OFFICIALS of the CITY OF ANAHEIM,
a Municipal Corporation
By: v
By:
By;
Dated:? — q - CJ
INTERNATIONAL BROTHERHOOD of
ELECTRI AL WORKERS. Local 47
By
B
By:
Dated:
M
LETTER of UNDERSTANDING
between the
CITY of ANAHEIM
and the
INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47
The City of Anaheim ("ANAHEIM'} and the International Brotherhood of Electrical Workers,
Local 47 ("UNION'S have met and conferred and reached an understanding on the wages,
hours and other terms and conditions of employment for certain employees working in the
Public Utilities Department designated by management to participate in a High Voltage
Rubber Gloving Program. The PART IES have reached an understanding as follows,
regarding matters concerning the use of rubber gloves by high voltage electrical workers,
1) A Rubber Gloving Oversight Committee consisting of four (4) members appointed by the
UNION, and four (4) members appointed by ANAHEIM shall be established and shall
meet on a regular basis. The Rubber Gloving Oversight Committee will propose,
evaluate, adopt, and interpret mutually acceptable safety rules, work procedures,
training programs, certification procedures etc., as may be required and will provide
overall guidance and direction for the Public Utilities Department Rubber Gloving
Program.
2) The Rubber Glove certified employees who are to perform the work at the job site shall
exclusively determine whether to perform the work with live line tools, rubber gloving
methods, or a combination of both.
3) ANAHEIM will incorporate the provisions of the draft City/IBEW agreement relating to
Rubber Gloving dated October 6, 2000 into the Public Utilities Department Safety
Manual by adding a section titled Rubber Gloving — High Voltage. ANAHEIM agrees not
to amend the Rubber Gloving — High Voltage provisions of the Public Utilities
Department Safety Manual without first providing the UNION with a minimum of forty-
five (45) days notice and an opportunity to comment on any proposed changes.
Revised 1,130/01
4) ANAHEIM agrees to provide High Voltage Rubber Gloving Training Pay and High Voltage
Rubber Gloving Assignment Pay as follows;
a) Employees in the classifications of Electric Crew Supervisor, Line Mechanic,
Line Crew Supervisor, Service Crew Supervisor and Utilities Troubleshooter,
effective the first day of the pay period following City Council approval of this
Letter of Understanding shalt receive High Voltage Rubber Gloving Training
Pay consisting of .03 x Line Mechanic "E" step rate. The training pay shall be
added to the employee's base rate of pay for all purposes including, but not
limited to, employee leaves and overtime. Training pay shall continue for up
to one hundred twenty calendar days (120) or until the employee begins
receiving High Voltage Rubber Gloving Assignment Pay, whichever comes
first. Training Pay may be continued beyond one hundred twenty calendar
days if additional time is required through no fault of the employee to
complete training.
b) Employees hired on or after the effective date of this Letter of Understanding
will begin receiving High Voltage Rubber Gloving Training Pay consisting of
.03 x Line Mechanic "E" step rate on the first day of the pay period following
their commencement of training for high voltage rubber gloving. The
training pay shall be added to the employee's base rate of pay for all
purposes including, but not limited to, employee leaves and overtime.
Training pay shall continue for up to one hundred twenty calendar days
(120) or until the employee begins receiving High Voltage Rubber Gloving
Assignment Pay, whichever comes first. Training Pay may be continued
beyond one hundred twenty calendar days if additional time is required
through no fault of the employee to complete training.
c) Employees will begin receiving High Voltage Rubber Gloving Assignment Pay
consisting of .06 x Line Mechanic "E" step rate on the first day of the pay
period following their initial certification in "high voltage rubber gloving"
techniques in accordance with Public Utilities Department operating policies
Revised 1/30/01
and procedures. This shall be in lieu of, and not in addition to, training pay
as described in paragraph "a."
5) Employees in the following job classifications shall be eligible to receive Rubber Gloving
Assignment Pay:
Electric Crew Supervisor
Line Mechanic
Line Crew Supervisor
Service Crew Supervisor
Utilities Troubleshooter
6) Only full time regular employees are eligible for High Voltage Rubber Gloving Training
Pay and/or High Voltage Rubber Gloving Assignment Pay. Probationary employees are
not eligible.
7) Employees will continue to receive High Voltage Rubber Gloving Assignment Pay as long
as they maintain certification in accordance with Public Utilities Department operating
policies and procedures as recommended by the joint oversight committee. Employees
who do not maintain certification shall no longer receive the Assignment Pay.
STAFF OFFICIALS of the CITY of
ANAH , an' ii l rporation
4
By:
INTERNATIONAL BROTHERHOOD of
ELECTRICAL WORKERS, Local 47
a
Date
a
R
By:
Date:'2 //�
Revised 1/30/01
LETTER of UNDERSTANDING
between the
CITY OF ANAHEIM
and the
INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, LOCAL 47
The City of Anaheim ("ANAHEIM'S and the International Brotherhood of Electrical Workers, Local 47
("UNION") have met and conferred and reached an agreement on the wages, hours and other terms
and conditions of employment for certain employees working in the Public Utilities Department. The
PARTIES have reached an agreement to amend a Letter of Understanding between the Parties dated
February 6, 2001, as follows:
The Union and City have agreed to amend the Letter of Understanding signed and dated
February 6, 2001, to reflect, effective the first pay period following City Council approval of
this Agreement, the classification of Utilities Troubleshooter Supervisor as eligible to receive
Rubber Gloving Training Pay or High Voltage Rubber Gloving Assignment Pay in accordance
with the provisions of said Letter of Understanding.
2. This Agreement constitutes the entire Agreement between the PARTIES. No modification of
this Agreement shall be valid unless in writing and signed by the PARTIES. Any
representation, warranty, promise, or statement of information shall not bind the PARTIES
unless it is specifically set forth in this Agreement.
3. The PARTIES to this Agreement have read this Agreement and are signing it voluntarily, with
full knowledge of its significance, acknowledging a full understanding of the contents
contained herein.
STAFF OFFICIALS of the CITY of
ANAHEIM, a Municipal Corporation
INTERNATIONAL BROTHERHOOD of
ELECTRICA WORKE ,LOCAL 47
BY:
BY:
LOV
Dated: &-W50 7, X002
91
LETTER OF UNDERSTANDING
INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local #47
and the
CITY OF ANAHEIM
The International Brotherhood of Electrical Workers, Local 47 (IBEW) and the City of
Anaheim (ANAHEIM) have met and conferred, and reached agreement pursuant to Article
63.2 of the Memorandum of Understanding between the parties dated July 28, 2005
through January 8, 2009. These changes to Post -Retirement Medical benefits are part of a
comprehensive agreement negotiated between the parties that include increasing employee
CalPERS retirement benefits from the "2%@55" formula to the "2.7%@55" formula
(Government Code §21354.5), and by reporting statutorily required PERS employee
contribution paid by ANAHEIM to Ca1PERS as compensation earned in accordance with
Government Code §20636(c)(4). This Letter of Understanding sets forth the specific
understanding of the parties relating to the establishment of an IBEW Retiree Medical Trust
Fund.
S. IBEW shall establish a trust (Trust) to be effective not later than October 1, 2005
("Transfer Date"), for the sole and exclusive purpose of providing post-retirement
medical benefits to IBEW bargaining unit employees employed by ANAHEIM on October
11 2005 ("IBEW Employees', and their eligible surviving spouses and dependents.
2. Upon declaration of a Trust acceptable to Anaheim and execution of a concurrent
Memorandum of Understanding establishing the respective rights and obligations of the
IBEW, the Trust, and ANAHEIM, ANAHEIM shall pay into the Trust those post-retirement
medical reserve allocations, including a proportionate share of the IBEW Special
Reserve, which ANAHEIM has allocated to eligible active employees of the IBEW
bargaining unit.
3. The Trust shall be solely responsible to provide payments toward post retirement
medical benefits for all eligibie IBEW Employees. Benefit levels and eligibility for
coverage shall be determined by the Trustees,
4. In the event that the Trust desires to discharge its obligation to provide retiree medical
benefits to IBEW Employees by purchasing such medical coverage from medical benefit
plans contracted for by the ANAHEIM, the Trust shall remit to ANAHEIM monthly, in
advance, the full amount required to fund benefits through such plans contracted for by
ANAHEIM. In the event such payments are not delivered within five (5) working days of
the due date, ANAHEIM may withhold its negotiated contribution to the Trust, until such
time the monthly payment is paid in full. If the Trust utilizes plans contracted for by
ANAHEIM to discharge its obligation to provide retiree health coverage to IBEW
Employees, ANAHEIM's participation in making such benefits available to the Trust shall
be as an independent contractor to the Trust and shall in no way obligate ANAHEIM to
provide any benefit, funding or financial support for any obligation of the Trust or the
IBEW to provide medical benefits to IBEW Employees, or to undertake or assume any
responsibility whatsoever for any other obligation assumed by the Trust and the IBEW
through acceptance of the reserve allocations and the execution of this Agreement.
5, The Trust shall inform ANAHEIM in writing of the benefit and eligibility schedules it may
adopt and any subsequent changes thereto. The agreement of Anaheim with such
schedules shall not be implied from such notification.
A - vii 1BEW07128/05 to 01/08/09
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92
6. Effective upon the Transfer Date, Anaheim shall remit to the Trust for each employee in
the IBEW bargaining unit such sums as agreed to in the Memorandum of Understanding
between the parties dated July 28, 2005 through January 8, 20D9, and any successor
agreements.
7. In addition to the contribution by Anaheim set forth above, IBEW and Anaheim agree
that the sum of four percent (4%) of base biweekly pay shall be withheld. from each
employee in the IBEW bargaining unit commencing on the transfer date which shall be
remitted, as soon as practicable, to the Trust, Such remittance shall be on a biweekly
basis.
8. The transfer of reserves set forth in Section 2 and the payments and withholding
established in Sections 8 and 9, and as provided by Article 63.6 of the Memorandum of
Understanding, shall be the sole contributions to the Trust or participants in the Trust by
Anaheim, regardless of any increases in medical care costs or the diminution or failure
of benefits to be provided by the Trust, unless otherwise agreed by the parties through
the collective bargaining process,
9. Anaheim shall have the right to periodically perform audits of the Trust at Anaheim's
expense, at reasonable times and places and upon reasonable notice. The Trustees and
the IBEW will cooperate with any reasonable audit request which may be undertaken
solely at Anaheim's discretion, with or without cause, by auditors designated solely by
Anaheim. Any such audit shall be conducted according to auditing standards and
practices prevailing among audits of employee benefit trusts, and shall encompass, but
not be limited to, all income, expenses, benefit payments, administrative costs,
earnings, fees and charges paid or received by the Trust. Anaheim shall promptly
inform the Trustees of the result of the audit, and deliver to the Trustees a copy of any
audit report, prepared for Anaheim. Nothing in this section shall relieve the Trustees of
any obligation, requirement or practice to conduct their own audits of the Trust as
required by the Trust documents or by law.
10. In the event the Trust desires to discharge its obligation to provide retiree medical
benefits to IBEW Employees by purchasing such medical coverage from medical benefit
plans contracted for by the ANAHEIM, ANAHEIM shall provide the Trust access to City of
Anaheim sponsored medical plans at the same rate structures provided for all other
active and retired employees of ANAHEIM.
STAFF OFFICIALS of the CITY OF ANAHEIM,
a Municipal Corporation
By:
By.
By:
Date: ;?"ft 2Va.3'
A - viii
��
INTERNATIONAL BROTHERHOOD of
ELECTRICAL WORKERS, Local 47
By:
By.
By:
Date:
IBEW07/28105 to 01/06/09
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LETTER OF UNDERSTANDING
between the
INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47
and the
CITY OF ANAHEIM
The International Brotherhood of Electrical Workers, Local 47 (UNION), and the City of Anaheim
(ANAHEIM) after meeting and conferring have agreed to amend Article 62 (INSURANCE) of the
Memorandum of Understanding dated July 1, 2005 through January 7, 2010 by adding Paragraph 62.13:
62.13 Deferred Compensation
62.13.1 ANAHEIM and UNION agree that employees in classifications represented by the UNION
may participate in deferred compensation programs offered by ANAHEIM.
STAFF OFFICIALS of the CITY OF ANAHEIM,
a Municipal Corporation
By
BY:
BY:
Dated:,l _
C:\LaborRe1ations\ibew\L0U 2006 SMLA
INTERNATIONAL BROTHERHOOD of
ELECTRIC L WORyKERS. Local 47
Y.
�
By:
By: L�
Dated: 7—
M,
`"
LETTER OF UNDERSTANDING between the
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL #47
and the
CITY OF ANAHEIM
The International Brotherhood of Electrical Workers, Local #47 ("UNION") and the City
of Anaheim ("ANAHEIM") have met and conferred and reached an agreement on matters
pertaining to the wages, hours, and other terms and conditions of employment. In regards to
ARTICLE 58 — Standby Duty, UNION and ANAHEIM agree to the following:
ANAHEIM agrees that during the term of the Memorandum of Understanding between
the UNION and ANAHEIM, ANAHEIM shall maintain the existing standby assignments
for Line Mechanics, Transmission and Distribution water employees, Water Production
employees, and Utilities Systems Operators.
STAFF OFFICIALS of the CITY OF
ANAHEIM,e-Municipal Corporation
By:
By:
IN
RIN
Dated:�—
INTERNATIONAL BROTHERHOOD of
ELECTRICAL WORKERS, LOCAL #47
By. o
By:
By: %
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Resolution No.2017-134 adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 12th day of September, 2017 by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of September, 2017.
ACTING CITY C ERK OF THE CITY OF ANAHEIM
(SEAL)