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RES-2021-080RESOLUTION NO. 2021 -0 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 - GENERAL UNIT 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 Memorandum of Understanding between the City of Anaheim and the International Brotherhood of Electrical Workers, Local 47 ("IBEW"), adopted by Resolution No. 2017-134, expired June 30, 2020; and WHEREAS, the City Council of the City of Anaheim finds that approval of a successor Memorandum of Understanding between the City of Anaheim and the IBEW, executed on August 11, 2021 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 the IBEW and the City of Anaheim executed by the City Management Representative and the IBEW on August 11, 2021, 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 July 1, 2020 through December 31, 2022. BE IT FURTHER RESOLVED that the Human Resources Director shall be delegated with the authority to publish the authorized salary schedule in said Memorandum of Understanding in any format meeting the requirements of California Code of Regulations section 570.5. BE IT FURTHER RESOLVED that Resolution No. 2017-134 is hereby repealed effective July 1, 2020. // // THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 4 th day of August 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz Moreno, Valencia, and O'Neil NOES: None ABSENT: None MEMORANDUM OF UNDERSTANDING between the INTERNATIONAL BROTHERHOOD ELECTRICAL WORKERS LOCAL 47 and the CITY OF ANAHEIM July 1, 2020 through December 31, 2022 C TABLE OF CONTENTS ARTICLE 1 - PREAMBLE.....................................................................................1 ARTICLE 2 - PURPOSE.......................................................................................1 ARTICLE 3 - UNION RECOGNITION..............:...................................................1 ARTICLE 4 - SCOPE.............................................................................................1 ARTICLE 5 - MANAGEMENT RIGHTS................................................................ 2 ARTICLE 6 - EMPLOYEE RIGHTS......................................................................2 ARTICLE 7 - NOTIFICATION................................................................................ 3 ARTICLE 8 - CONSULTATION............................................................................. 3 ARTICLE 9 - MEET AND CONFER...................................................................... 3 ARTICLE 10 - MEMORANDUM OF UNDERSTANDING ..................................... 4 ARTICLE 11 - DISCUSSION................................................................................. 4 ARTICLE 12 - CHECK-OFF............................:..................................................... 4 ARTICLE 13 - UNION ORGANIZATION............................................................... 4 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...................................:..........................14 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....................................................................................19 ARTICLE 29 - SUSPENSION, DEMOTION, AND DISMISSAL ..........................19 ARTICLE 30 - REASSIGNMENT, LAYOFF, AND RE-EMPLOYMENT .............. 20 ARTICLE 31 -TRANSFER ................................................................................... 22 ARTICLE 32 - REINSTATEMENT......................................................................... 23 ARTICLE 33 - VOLUNTARY DEMOTION............................................................ 23 ARTICLE 34 - BEREAVEMENT LEAVE............................................................. 24 ARTICLE 35 - HOLIDAYS.....................................................:............................ 25 ARTICLE 36 - INDUSTRIAL ACCIDENT LEAVE ............................................... 26 ARTICLE 37 - JURY DUTY AND COURT APPEARANCES ............................... 27 ARTICLE 38 - LEAVE WITHOUT PAY................................................................ 27 ARTICLE 39 - MILITARY LEAVE...:..........................................•.........................28 ARTICLE 40 - SICK LEAVE................................................................................. 28 ARTICLE 41 - VACATION................................................................................... 32 ARTICLE 42 - OVERTIME................................................................................. 34 ARTICLE 43 - BILINGUAL PAY......................................................................... 36 ARTICLE 44 - CALL-OUT................................................................................... 37 ARTICLE 45 - DISTRIBUTION............................................................................. 38 ARTICLE 46 - METER READER RULES.............................................................. 39 ARTICLE 47 - PLANNED OVERTIME................................................................ 39 ARTICLE 48 - SHIFT DIFFERENTIAL................................................................ 39 ARTICLE 49 - SHORT SHIFT CHANGE............................................................. 40 ARTICLE 50 - REST PERIOD............................................................................ 41 ARTICLE 51 - TRAVEL AND MILEAGE EXPENSE........................................... 43 ARTICLE 52 - MEALS.......................................................................................... 43 ARTICLE 53 - POLE SWITCH OPERATION....................................................... 45 ARTICLE 54 - UTILITY DEPARTMENT ELECTRIC CREW MAKEUP AND ASSIGNMENT..................................................................................................... 45 ARTICLE 55 - LAMP REPLACEMENT................................................................ 48 ARTICLE 56 - REPLACEMENT OF TOOLS....................................................... 48 ARTICLE 57 - FITNESS FOR DUTY.................................................................. 50 ARTICLE 58 - STANDBY DUTY........................................................................... 50 ARTICLE 59 - PROJECT BASED WORK ASSIGNMENTS................................ 50 ARTICLE 60 - WATER INCENTIVE PAY PROGRAM ........................................ 51 ARTICLE 61 - SAFETY BOOT ALLOWANCE.................................................... 53 ARTICLE 62 - HIGH VOLTAGE HAZARD PAY .................................................. 54 ARTICLE 63 - NORTHERN AMERICAN ELECTRIC RELIABILITY CORPORATION (NERC) CERTIFICATION - EDUCATIONAL INCENTIVE PAY PROGRAM......................................................................................................... 55 ARTICLE 64 - CLASS "A" DRIVER LICENSE CERTIFICATION PAY ................. 56 ARTICLE 65 - GRIEVANCE PROCEDURE....................................................... 56 ARTICLE 66 - INSURANCE - ACTIVE EMPLOYEES.......................................... 60 ARTICLE 67 - POST RETIREMENT MEDICAL BENEFITS................................. 66 ARTICLE 68 - PHYSICAL EXAMINATIONS...................................................... 68 ARTICLE 69 - SAFETY COMMITTEE................................................................. 68 ARTICLE 70 - JOINT COMMITTEE ON MEDICAL PROGRAMS ...................... 69 ARTICLE71 - AGENCY SHOP................................................---......................... 69 ARTICLE 72 - NOTIFICATION OF CONTRACTING OUT................................. 69 ARTICLE73 - NO STRIKE.................................................................................... 70 ARTICLE 74 - CONSTRUCTION....................................................................... 70 ARTICLE 75 - SAVINGS CLAUSE....................................................................... 70 ARTICLE 76 - DURATION................................................................................. 71 APPENDIX "A" SPECIAL PROVISIONS........................................................... 72 APPENDIX uN' — WAGES September 3, 2021 — July 7, 2022 ..................................... ,........................................... 73 July8, 2022 — December 31, 2022..................................................:............................75 LETTERS OF CLARIFICATION Utilities Systems Operator Alternate Work Schedule.......................................................77 High Voltage Hazard Pay and High Voltage Rubber Gloving Program.................................79 HVAC Mechanics (Anaheim Convention Center)............................................................80 StandbyDuty...........................................................................................................81 LETTERS OF UNDERSTANDING Appointments and Promotions (Part -Time to Full-Time)....................................................82 NinePlan................................................................................................................83 High Voltage Rubber Gloving Program..........................................................................85 Utilities Troubleshooter Supervisor...............................................................................88 RetireeMedical Trust Fund....................................,........................................... ......89 DeferredCompensation.....................:........................................................................91 North American Reliability Corporation (NERC) Certification...............................................92 StandbyDuty............................................................93 RetirementHealth Savings..........................................................................................94 Customer Service Representatives..............................................................................96 iv 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. 2 ARTICLE 7 - NOTIFICATION 7.1 Reasonable written notice shall be given by the Anaheim City Management Representative to the affected UNION, of any proposed ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation to be presented to the Anaheim City Council for determination, and the UNION shall be given the opportunity to meet with the Anaheim City Management Representative prior to submission to the Anaheim City Council for determination. 7.2 In cases of emergency when the Anaheim City Council determines that an ordinance, resolution, rule, or regulation must be adopted immediately without prior notice or meeting with the UNION, the Anaheim City Management Representative shall provide such notice at the earliest practicable time following the adoption of such ordinance, resolution, rule, or regulation. ARTICLE 8 - CONSULTATION 8.1 The Anaheim City Management Representative, after consultation in good faith with representatives of UNION, may recommend adoption of reasonable rules and regulations for the administration of employer-employee relations. The Anaheim City Management Representative shall consult in good faith with representatives of UNION on employer-employee relations matters which affect them, including those that are not subject to meeting and conferring. ARTICLE 9 - MEET AND CONFER 9.1 The Anaheim City Management Representative and 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. 3 ARTICLE 10 - MEMORANDUM OF UNDERSTANDING 10.1 When the meeting and conferring process results in agreement between the Anaheim City Management Representative and UNION, such agreement shall be incorporated in a written 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. Cl. 13.1.1 The UNION shall notify the Anaheim City Management Representative, in writing, of the names and job class titles of its officers, shop stewards and other representatives each time an election is held or new appointments are made. 13.1.2 An employee elected or appointed as an officer or shop steward of the UNION shall be required to work full-time in his/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. y 13.5 ANAHEIM shall allow UNION to conduct meetings in ANAHEIM facilities. 13.5.1 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at ANAHEIM facilities. 13.6 Effective March 12, 1986, ANAHEIM and UNION agree to the following: 13.6.1 ANAHEIM will pay the regular hourly rate for regularly scheduled work hours for five (5) committee members, when they are attending the meet and confer sessions. 13.6.2 ANAHEIM will pay employees who are released from work for UNION business at UNION expense and will bill the UNION at the employee's regular rate of pay. 13.6.3 On days when UNION and ANAHEIM schedule meet and confer sessions shift workers on the bargaining committee will be scheduled to work the day shift. 13.6.4 When ANAHEIM employees are off work for UNION business at UNION expense, ANAHEIM and UNION will jointly and severally be responsible for Workers' Compensation and General Liability. ARTICLE 14 - COMPENSATION 14.1 The Anaheim City Management Representative shall be responsible for recommending wages, rates, and salary schedules for each job class in Appendix "A." 14.2 Prior to any such recommendations, the Anaheim City Management Representative and 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. R 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 (41) step of the salary schedule after completion of one (1) year of service in the third (31) step. 16.1.2 To the fifth (5t'') step after completion of six (6) months of service in the fourth (4t') step. 16.1.3 To the sixth (6111) 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 (61) step. 16.1.5 To the eighth (8111) 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 (91h) step after completion of one (1) year of service in the eighth (81h) 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 (71) 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 (81) 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 n (91h) step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the ninth (9"') 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 (9t') 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 (9'") 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: UTILITIES AUTOMATED SYSTEMS SPECIALIST (100%) Utilities Automated Systems Support Rep (87.5%) ELECTRICAL UTILITY INSPECTOR Electric Utility Inspection Supervisor (120%) Senior Electrical Utility Inspector (115%) Senior Water Utility Inspector (115%) Water Utility Inspector 1(85%) Water Utility Inspector II (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%) Electric Field and Operations Foreman (124%) Electrical Helper (70%) Line Crew Supervisor (117%) Utilities Troubleshooter (107%) Utilities Troubleshooter Supervisor (117%) MAINTENANCE PIPEFITTER (100%) Apprentice Maintenance Pipefitter (85%) Maintenance Pipefitter B (98%) Maintenance Pipefitter Working Supervisor (117%) Water Field and Operations Foreman (130%) Water Meter Repairer 1 (90% of Maintenance Pipefitter B) Water Meter Repairer 11 (93% of Maintenance Pipefitter B) Water Meter Working Supervisor (117%) 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%) 10 SUBSTATION TEST TECHNICIAN (100%) Substation Test Technician Supervisor (117%) Apprentice Substation Test Technician (85%) 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°/x) 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. 11 18.3.2 Alternate work schedules shall not reduce service to the public. 18.3.3 Such alternate work schedules shall be created by Letter of Understanding. 18.3.4 Unless expressly limited by Letter of Understanding such schedules may be revoked by either party upon notice to the other party. 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. 12 Chief Utilities Systems Operator Electric Field Superintendent Electric Utility Inspection Supervisor 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. 13 ARTICLE 21 - PAYROLL DEDUCTIONS 21.1 Deductions of authorized amounts may be made from employees' pay for the following purposes: 21.1.1 Withholding Tax; 21.1.2 Contributions to retirement benefits; 21.1.3 Contribution to survivors' benefits; 21.1.4 Payment of life insurance and accidental death and dismemberment insurance premium; 21.1.5 Payment of non -industrial disability insurance premium; 21.1.6 Payment of hospitalization and major medical insurance premium; 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. 14 22.4 Job bulletins regarding classifications represented by UNION shall be sent to the UNION during recruitment periods. 22.5 ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for employment and promotion and ANAHEIM retains the right to reject any applicant for employment; PROVIDED, HOWEVER, that no test or qualification procedures utilized by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of UNION or 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, 15 or physical disability, except where sex, age, or lack of physical disability is a bona fide occupational qualification. 23.5 Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job class. At such times as a department management evaluation is included in the establishment of a promotional eligibility list, the list shall rank the eligible candidates in the order of final evaluation, and appointment from that list shall follow rank order. 23.6 When an appointment is to be made to a vacancy, the Human Resources Director shall submit to the appropriate Department Head the names on the appropriate employment list. Appointments to vacant positions shall be made by the appropriate Department Head, with the concurrence of the Human Resources Director. 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 1 Re-employment lists shall contain the names of regular, full-time employees laid off in good standing for lack of funds or work. 16 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. 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 or other reason resulting in protected leave time during his/her probationary period, said employee's probationary status may be extended, subject to the discretion of the appropriate Department Head, 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 or protected leave time. 25.1.3 Subject to the discretion of the appropriate Department Head, an employee's probationary status may be extended beyond the regular probationary period for reasons other than those addressed in 25.1.2 by providing the employee advanced written notice. In no event shall a probationary extension under this provision exceed six (6) months. 25.1.4 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 Utilities Customer Service Representative 1/II classification series shall serve a probationary period as set forth below in 25.1.4.1. 25.1.4.1 Employees serving in the Utilities Customer Service Representative I classification shall serve an eighteen (18) 17 month probationary period. Following successful completion of the probation period, employees will advance to the Utilities Customer Service Representative II, at which time the employee will obtain regular status and shall not be subject to a period of probation at the Utilities Customer Service Representative II level. In no event will the employee gain regular status as a Utilities Customer Service Representative I. 25.1.5 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. 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; iV1 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. 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. 19 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 impartial arbitrator for UNION agree to: appealed to Step III to be submitted to an final and binding decision, ANAHEIM and 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 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 20 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 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. 21 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 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. 22 ARTICLE 32 - REINSTATEMENT 32.1 An employee who terminates his/her employment in good standing may be reinstated to a vacant position in his/her former job class within three (3) years of his/her termination date without going through the competitive processes. 32.1.1 An employee reinstated within thirty (30) days of his/her termination date shall be considered to have continuous service and shall be credited with the amount of accumulated sick leave he/she had at the time of termination. The employee shall be placed in his/her former salary step and shall retain his/her anniversary date for purposes of merit pay increases. If the anniversary date has occurred during the period of the employee's absence, the new anniversary date shall be the first day of the next biweekly pay period following reinstatement. 32.1.2 An employee reinstated after thirty (30) days of his/her termination date may be considered to have broken service for purposes of salary step status, and shall be considered to have broken service for all other employee benefits. 32.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant position for which he/she meets the minimum qualifications. 32.3 The provisions of this ARTICLE shall apply to regular, full-time employees. ARTICLE 33 - VOLUNTARY DEMOTION 33.1 If an employee takes a voluntary demotion as a result of a downward reclassification of his/her position, his/her salary step status shall be in accordance with the provisions of 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. 23 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 (5t1) or sixth (611) 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 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. 24 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 %Z) 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: 25 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 To receive full pay for the holiday, the employee shall be required to submit a request for one (1) hour of vacation or compensatory time to be charged to that day. Alternately, the employee may request, subject to management approval, authorization to make up the hour. Employees so authorized shall 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 lieu of receiving full pay for the holiday, an employee may request one hour of scheduled leave without pay (SLW). 35.7.4 In the event an employee makes no selection or has not been approved for a flex hour in 35.7.2, 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 scheduled leave without pay (SLW). ARTICLE 36 - INDUSTRIAL ACCIDENT LEAVE 36.1 In the event that any full-time employee is absent from work as a result of any injury or disease which comes under the State of California Workers' Compensation Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave. 36.2 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 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 whp is not on leave with pay shall be considered to be on leave without pay. 27 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 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: W 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 — 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 29 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. 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 30 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). 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. 31 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). 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). 32 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. 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. 33 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. 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. 34 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 Y2) 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 Y2) 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 Y2) times the employee's regular hourly rate of pay for all hours worked in excess of eight (8) hours, up to and including twelve (12) hours in any workday, and 42.8.2 Two (2) times the employee's regular hourly rate of pay for all hours worked in excess of twelve (12) hours in any workday. 42.9 When employees in the following job classes perform overtime work between the hours of 11:30 p.m. and 8:00 a.m., they shall be paid at the rate of two (2) times their regular rate of pay for such overtime hours worked between the hours of 11:30 p.m. and 8:00 a.m.: Apprentice HVAC Mechanic Facility and Event Electrician HVAC Mechanic HVAC/Electrician Lead Worker Lead Facility and Event Electrician Lead HVAC Mechanic 42.10 All Public Utilities Department employees who earn overtimemay elect to take it as compensatory time under the following provisions: 35 42.10.1 Compensatory time is earned at one and one-half (1 °h) 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., 42.10.5 Any employee who separates service for any reason or promotes out of the bargaining unit shall be paid at his/her current regular rate of pay for all compensatory time accrued but not taken. 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. 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 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. 36 43.2 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. 43.3 The appropriate Department Head shall designate which positions shall be assigned bilingual duties and which languages shall be eligible for bilingual pay. 43.4 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. 43.5 Eligibility for bilingual pay shall continue in accordance with the above provisions during any period of leave with pay. ARTICLE 44 - CALL -OUT 44.1 Call -out compensation shall be in accordance with the following provisions: 44.2 All emergency call -out time shall be calculated to the nearest one-quarter (1/4) hour of time worked. 44.3 When an employee, assigned to a department other than the Public Utilities Department, is called out for emergency work, the employee shall be paid at the overtime rate of pay for such emergency work. 44.3.1 For employees assigned to departments other than the Public Utilities Department, a minimum of three (3) hours (including travel time) of pay at the overtime rate shall be guaranteed for each emergency call - out. 44.3.2 For employees assigned to departments other than the Public Utilities Department, forty-five (45) minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency call -out. 44.3.3 For employees assigned to departments other than the Public Utilities Department, a minimum of two (2) hours pay at the overtime rate shall be guaranteed for prearranged overtime, except when such overtime occurs immediately before or after a regular work period. 44.4 Public Utilities Department employees shall be guaranteed a minimum of three (3) hours ,of pay at the overtime rate for each call -out. 37 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 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. r 45.6 Common call -out lists will be created for Maintenance Pipefitter Working Supervisor. W 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 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. 39 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 '/2) 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. 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. -e 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 responding to emergency call -out who have had an interruption of work as defined in 50.2, shall be eligible for a rest period equivalent to the amount of call -out time the employee is entitled to pursuant to Article 44, up to a maximum of eight (8) hours. This Article 50.3 shall apply only to employees in the following classifications called -out in accordance with Articles 44 and 45 and departmental policy: Apprentice Electric Meter Technician Apprentice Line Mechanic Apprentice Maintenance Pipefitter Apprentice Substation Electrician Apprentice Substation Test Technician Apprentice Water Production Technician Electric Crew Supervisor Electric Meter Supervisor Electric Meter Technician Electrical Field Operations Foreman Electrical Utility Inspector Laboratory Technician I & II Line Mechanic Maintenance Pipefitter Maintenance Pipefitter Working Supervisor Senior Electric Meter Technician Senior Electrical Utility Inspector Senior Warehouse & Tool Room Worker Senior Water Utility Inspector 50.3.1 Example Scenario: 11 Substation Electrician Substation Electrician Supervisor Substation Test Technician Substation Test Technician Supervisor Utilities Yard Working Supervisor Warehouse & Tool Room Worker Warehouse & Tool Room Worker Supervisor Water Field & Operations Foreman Water Meter Working Supervisor Water Meter Repairer I & II Water Production Technician Water Production Technician Supervisor Water Utility Inspector I & II • Employee's regular shift is 6:30 AM to 4:00 PM • Employee gets a call-back for an emergency maintenance/repair at 12:30 AM • Employee arrives on site at 1:00 AM • The repair work lasts 6.0 hours, and concludes at 7:00 AM !yl Employee goes home and takes rest of day off o Employee is paid 5.5 hours of OT (double time) and .5 of Regular (normal shift start at 6:30) o Employee is eligible for an 5.5 -hour rest period, which begins at 7:00 AM and ends at 12:30 PM o Employee is paid regular pay from 7:00 AM to 12:30 PM o Employee to use own leave time for remainder of shift, from 1:00 PM to 4:00 PM (for the remainder of shift after half hour non -paid meal break) 50.4 Employees shall be paid at their regular hourly rate of pay for all regularly scheduled work hours, which occur during the rest period unless such employees are required to return to work. 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 the full rest period to which they are eligible, shall be paid their regular hourly rate of pay for all regularly scheduled work hours. 50.5 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. 50.6 The meal period that occurs during the regular work hours of an employee, will not be included in the computation of the eight (8) hour rest period. An employee who returns to work from a rest period that extends more than four (4) hours into his/her regular work shift shall be considered to have taken a meal period prior to reporting, except that such employee shall be allowed to observe any meal period taken by a crew to which such employee may be assigned. 50.7 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. 50.8 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. 50.8.1 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. 50.9 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, 42 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. 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 Y2) consecutive hours of paid overtime completed. 52.3.2 If the employee reports for call -out overtime work within one and one- half (1 Y2) hours after normal quitting time, and the employee works beyond two and one-half (2 Y2) 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: 43 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 Y2) 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. 52.8 ANAHEIM and UNION agree that the one-half (1/2) hour lunch period for day shift field crew employees will begin between 11:00 a.m. and 12:30 p.m. If the one-half (1/2) hour lunch period does not begin during that time, no lunch period will be observed during that workday, and employees will be paid one-half (1/2) hour at the overtime rate, and will be permitted to eat while working. 52.9 The City shall provide UNION employees assigned to a department other than the Public Utilities Department adequate meals during periods of call -out overtime, planned overtime, and during an extension of the regular or planned work day. Meal compensation is not earned for any hours worked during a regularly scheduled work shift. 52.9.1 Mealtime shall be compensated at the appropriate overtime rate and shall normally be limited to thirty (30) minutes with a maximum of forty-five (45) minutes paid mealtime. 52.9.2 An employee may, at the employee's request, be compensated for meals at the rate of one-half (1/2) hour of overtime pay per meal. 52.10 During EMERGENCY CALL -OUT OVERTIME a meal shall be earned as follows: 52.10.1 An employee will be provided one (1) meal if the employee reports back to emergency overtime work within one and one-half (1 '/2) hours after normal quitting time and if the employee works beyond two and one-half (2 '/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) 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) 45 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. f 54.1.2.1 Installing and removing capacitor banks from a two - (2) person aerial device in an energized primary circuit. 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. M. 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. 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. 47 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 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 7116" 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 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") E9 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. 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. 4 51 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: 52 Certification Level I Certification Level II CLASSIFICATION Treatment Distribution LA Treatment Distribution LA WATER PRODUCTION N/A N/A Water Production Technician 3 3 5 5 Supervisor Water Production Technician 3 3 N/A 5 5 N/A Apprentice Water Production Technician 3 3 N/A 5 5 N/A WATER OPERATIONS Senior Water System N/A 4 N/A 5 5 N/A Operator 4 4 N/A 5 5 N/A Water System Operator 3 3 N/A 4 4 N/A Water System Operator in Training WATER T&D Maintenance Pipefitter 2 3 N/A 5 5 N/A Working Supervisor 2 3 N/A 5 5 N/A Maintenance Pipefitter Apprentice Maintenance 2 3 N/A 3 4 N/A Pipefitter Water Meter Supervisor 2 4 N/A 3 5 N/A Water Meter Repairer II ,. 2 3 1 N/A j 5 5 N/A Water Meter Repairer 1 1 2 1 N/A 1 2 3 N/A 52 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 11 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. 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. 53 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 1 4 3 Laboratory Technician 1 2 2 1 3 1 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 11 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. 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. 53 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 (9t') step: 62.1.2.1 Electric Crew Supervisor 62.1.2.2 Line Mechanic 62.1.2.3 Line Crew Supervisor 62.1.2.4 Service Crew Supervisor 62.1.2.5 Utilities Troubleshooter 62.1.2.6 Utilities Troubleshooter Supervisor 62.1.2.7 Substation Electrician 62.1.2.8 Substation Electrician Supervisor 62.1.2.9 Electric Field and Operations Foreman 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. 54 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. 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 55 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. 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. 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 ction,,in accordance with ARTICLE 26 — OUTSIDE EMPLOYMENT and to the extent 57 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. 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 11 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. 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 59 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 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). 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 61 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 62 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. 66.4 Lona -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. :91 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 ("2.7% @ 55") retirement benefits to be effective on or before January 1, 2006, contingent upon agreement being reached with all bargaining units representing miscellaneous employees. 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. 66.7.1.1.2 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 the ongoing defined contribution by ANAHEIM. 66.7.1.1.3 ANAHEIM 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 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. W 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 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 T 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 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 (112%) 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 67 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 68 - 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 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. C7 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. 70 ARTICLE 76 - DURATION 76.1 The terms of this MOU are to remain in full force and effect until the 31st day of December, 2022. 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 IALS OF THE CITY OF ANAHEIM, INTERNATIONAL BROTHERHOOD of a M al C rporation ELECTRICAL WORKERS, CAL 47 By: By: By: By: By: By: By: By: By: By: By: By: By: By: By: By: By: AW Dated: i�lhi�� %� J1 d, 71 APPENDIX 'W'- SPECIAL PROVISIONS A.1 Effective the pay period beginning September 3, 2021, employees shall receive a one and one-half percent (1.5%) wage increase. A.2 Effective the pay period beginning July 8, 2022, employees shall receive a one and one-half percent (1.5%) wage increase. A.3 ANAHEIM and UNION agree to establish a working group to discuss revisions to the MOU for the purpose of clarifying the meaning of certain forms of pay, including references to the "regular hourly rate of pay", "regular base pay", "regular compensation", and similar references to forms of pay. The working group shall meet at such times and places as determined necessary by the parties. 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N N CL o o C o 2 0" m c d d d o 0 c m np o o'-- m m'm �~ Q0 m m m 0 0 N N 0 o o O' m N O O O O C q N mEEE��mEER9�E'000�- "'455 E o 0 o m. o :> ;? o c c s - m aEi aE o m; v, c 2 C) M M a o m a m a`� m -0-0 m ¢UUUC7tmnt`ntntnl`--�-� a� m m m o o AV,�w= to M w M M M M M M M CO M W m m v m m m m m m m Qi m t6 R N m m R <6 m fC I3 [0 Nr V CLn is 0 r to .T x 0MCOr MOOOO V CD ZOSC7CnW<U')') W ZCWDONC0000D-ttouj<co M YN- 76 LETTER of CLARIFICATION between the CITY of ANAHEIM �- and the INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47 This Letter of Clarification is intended to memorialize the discussion, on February 6, 2012, between the International Brotherhood of Electrical Workers, Local 47 and the City of Anaheim, after meeting and conferring, in regards to the Wages, hours, and terms and conditions of employment for employees assigned by management to work an alternate work schedule, as follows: 1. Anaheim and the International Brotherhood of Electrical Workers, Local 47 agree that employees classified as Utilities Systems Operator may be assigned to an alternate work schedule. Such an alternate work schedule shall not reduce service to the public. 2. Anaheim and the International Brotherhood of Electrical Workers, Local 47 agree that the regular work schedule for certain employees classified as Utilities Systems Operators shall work a five (5) week schedule consisting of nineteen (19) — eight (8) hour shifts and four (4) — twelve (12) hour shifts. Such schedule shall be designed and implemented by management. 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 for overtime after twelve (12) hours of regularly scheduled work on such day. 4. Employees who do not work on the holiday or day observed in lieu of the holiday as set forth in Article 35 ("Holidays") of the Memorandum of Understanding shall be required to submit a vacation request for four (4) hours for each holiday not worked when such holiday or day observed in lieu of the holiday falls on the employee's regular scheduled twelve (12) hour shift. t 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 77 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, of 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. Employeesmay be assigned to or from such alternate work schedule only effective at the beginning of a pay period. 8. The Utilities Systems Operator alternate work schedule shall commence for a trial period of six (6) months effective February 20, 2012. After such trial period, the alternate work schedule may continue by mutual agreement of both parties. The alternate work schedule may be revoked by either party upon forty-five (45) days advance written notice to the other ply. STAFF OFFICIALS OF THE CITY OF ANAHEIM, A municip corporation Bv: X -/r MMUMMAWPAIMMOMM Date: ? 2 I Z M] INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOI Date:-Z�—�z LETTER OF CLARIFICATION between the INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS and the CITY OF ANAHEIM This Letter of Clarification is intended to memorialize the discussion, on November 18, 2013, between the International Brotherhood of Electrical Workers, Local 47 (IBEW) and the City of Anaheim (ANAHEIM) and to provide clarification on the intent of Article 62 - High Voltage Hazard Pay and the Letter of Understanding (LOU) — High Voltage Rubber Gloving Program dated February 6, 2001. The intent of the High Voltage Hazard Pay and High Voltage Rubber Gloving Program is to ensure that Anaheim employees, who are trained and meet the City's standards and requirements, are able to provide and receive compensation for providing such services. The Parties have agreed that probationary employees shall be eligible to receive such incentive pays pursuant to Article 62 and the February 6, 2001 LOU. In order to receive the certification pay, probationary employees (not trained by ANAHEIM) shall submit the following documentation from their previous employer or union: (1) Verification the employee attended training to perform such work; (2) Dates the employee attended and completed such training; (3) Who provided the training; and (4) What did the training consist of. ANAHEIM retains exclusively all rights to determine if such training meets ANAHEIM's standards and requirements to receive High Voltage Hazard and/or High Voltage Rubber Gloving Pay. Such determination shall not be subject to Article 64 — Grievance Procedure; however, IBEW shall be afforded a one (1) — step appeal hearing to the Public Utilities General Manager. The Public Utilities General Manager's decision shall be final and binding. Employees shall receive High Voltage Hazard and/or High Voltage Rubber Gloving Pay after ANAHEIM has determined such employee qualifies to receive such incentive pay. The incentive pay shall be retro -active to the first new/full pay period after the employee submitted the required documentation to ANAHEIM. STAFF OFFICIALS OF THE CITY OF ANAHEIM, A m licival corpor tion Date:lv`Z :)l t-1 INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47 By: By: By: - -- _ 79 Date: -�� LETTER of CLAR--IGATION between the CITY of ANAB EIM and the INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47 This Letter of Clarification is intended to memorialize tho discussion, on October 2, 2014, between the International Brotherhood of Electrical Workers, Local 47 (` JEW") and the City of Anaheim ("ANABEW"I in regards to implementing shill rotations for employees working as HVAC Mechanic at the Anaheim Convention Center. The terms and conditions are as hollows: 1. IBEW and ANAHEIM agree thai beginning July 1, 2615, ANAHEIM will offer the evening sbift m all HVAC Mechanics working at the Anaheun Convention Center. 2. T$e evening shift shalt be worked on a voluntary basis; unless no HVAC Mechanics volunteer to work the evening shift. At such time, ANAREIM retains, exclusively, all its inherent rights, functions, duties, and responsibilities to mandatorily schedule personnel as ANAHEIM deems %. a. If ANAHEIM receives more than one (1) HVAC Mechanic, who is qualified to. work the evening shift, ANAHEIM shall use City seniority for such determination. b. in subsequent shift rotations, if the same individuals volunteer for the evening Aift, IBEW and ANAHEIM agree that the evening shift shall be assigned equitably. 3. Any HVAC Mechanic who volunteers for and L selected to work the evening shift shall be able to perfnim any and all duties and responsibilities. 4. Any 1fVAC Mechanic who volunteers for and is selected to work the evening shift shall commit to a one (1) year shift rotation. & An HVAC Mechanic who desires to opt out of hisiher one (1) year shift rotation shall be responsible for finiing a replacement. If sucb HVAC Mechanic is unable to find a replacement, he/she must complete the remaining portion of his/her rotation. b. ANAHEIM retains, exclusively, all its inherent rights, functions, duties, and responsibilities .to remove an individual from the evening shift at any time. 5. IEEW and ANAHEIM agree that. this Letter of Clarification shall be non -precedent setting on other w-ork areas tbxou&ut the City. STAFF OFFICIALS OF THE CITY OF ANAHEIM, INTERNATIONAL ISROTBER1400D OF ELECTRICAL WORKERS, LOCAL`] B . By: �,.:RL•�. 011 LETTER OF CLARIFICATION between the INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS and the CITY OF ANAHEIM This Letter of Clarification is intended to memorialize the discussions on May 4 and June 15, 2016, between the International Brotherhood of Electrical Workers, Local 47 (IBEW) and the City of Anaheim (ANAHEIM) and to provide clarification on the intent of the Standby Duty Pay. The Parties agree to a pilot program which Electric Crew Supervisors and Line Crew Supervisors shall be required to be on Standby Duty pursuant to the terms and conditions outlined in Article 58 of the Memorandum of Understanding ("MOU") between IBEW and ANAHEIM. The pilot program will be effective July 1, 2016 through January 2, 2017. Electric Crew and Line Crew Supervisors shall be required to provide coverage from Friday afternoon through Monday morning and all holidays. All employees classified as Electric Crew and Line Crew Supervisors, shall be on a rotating evergreen list An employee assigned to Standby Duty shall be responsible for providing standby coverage, unless the assigned employee finds appropriate coverage. Appropriate coverage shall consist of (l').another Electric Crew or Line Crew Supervisor, (211) an employee eligible for temporary upgrade to the Supervisor classification, and (3rd) a qualified Troubleshooter Supervisor. This pilot program shall be non -precedent setting. STAFF OFFICIALS OF THE CITY OF ANAHEIM, Dater INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47 0 LIM LIM Date: ./"/ h t - oil LETTER OF UNDERSTkNDINS BETWEEN THE INTERNATIONAL SROTHERROOD OF ELECTRICAL WORKERS LOCAL #47 AND THE CITY OF ANAHEIM The TNZTATIONAL EROnMUMOD OF ELEG'MCAL W=M, LOCAL #'47, (IHPW, LOCAL #47) and the CITY OF Aim (ANABM) , after meeting .arid comer ring, have reached an understanding cap -the wages, hours, =d other teras and condition: of employasnt for employees appointed or meted by management from a part-tim position to a full -tune position in the same job class as specifically provided hmmin. ANAHEIM and the n04, LOCAL #47 agree to modify the Me=w4= of miderstanding between the parties, slated October 6, 1989, as follows: =WN*� - -. k ti:! . - -.•: • .� 'sR CHANGE: 23.9 ANAHEim agrees to utilize part-time PWO/YW�.emnlovees in the follaait= job classifications only when all regular 16�fde zio' positions are filled, except during periods of recvitm`nt (up to sit m=tbs after a vacancy occurs): Part -tame 14 --ter Reader =art ties Customer Service Rotative I Part-time Customer Servim R,ecresntative II Pm,=t-time Facility Event Electrician STAFF OFF =LS OF THE CITY 9F ANAHEIM, a Corm rati .Dated: 9vao9sic A - ly RN ZNTme=mm FOOD OF EL£CTRtc& wmmm, LOCAL NO. 47 By By Dated:, - et a 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 terns 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. 2. 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. r 3. 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(Holiday s 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 IBEw0T281D5 to D1/08/09 83 markup three (3) hours of vacation. Employees eligible for bereavement leave as set forth in ARTICIF 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 Pian 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 ELEC MCAL WORKERS, LOCAL NUMBER 47 BY: David Hill BY: Bob Vilialobos BY: Darryl Meekhof DATED: 812194 A - Vi IBEW07128105 W 01/08/09 84 markup r S LETTER Of UNDERSTANDING between the CITY of ANAHEIM and the INTERNATIONAL BROTHERHOOD Of ELECTRICAL WORKERS, Local 47 The City of Anaheim CANAHEIM"} and the International Brotherhood of Electrical Workers, Local 47 (UNIONJ 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 PARTIES 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 bythe 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) 'fie 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 1/30/01 M --r I i� 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, Cine 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 shall 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 overcame. 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 0 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 Lane 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 OFRCL4LS of the CITY of ANAH , a M n*/.l rporation By: By: 13 Date J ! . / Ell INTERNATIONAL BROTHERHOOD of ELECTRICAL. WORKERS, Local 47 I By; By: By: By: Date: "2 A. bbl 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") 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: 1. 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 Agraement 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 M BY INTERNATIONAL BROTHERHOOD of ELECTRIC" WORKE , LOCAL 47 BY:`� BY: BY: Dated: &tai '7, 2002 -- LETTER OF UNDERSTANDING INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local #47 and the CITY OF ANAHEIM The Intemational 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 CaiPERS retirement benefits from the "2%@55" formula to the "2J%@55" formula (Government Code §21354.5), and by reporting statutorily required PERS employee contribution paid by ANAHEIM to CalPERS as compensation earned in accordance with Govemment-Code §20636(c)(4). This Letter of Understanding sets forth the spedfic understanding of the parties relating to the establishment of an IBEW Retiree Medical Trust Fund. ' 1. 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 112005 ("IBEW Employees'o, 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 postretirement 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 eligible 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 IBEW0728105 to 01108/09 markup I• k' 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, 2009, 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 Date. LIA �vf A - viii Me INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47 IBEW0712&05 to DUN= markup LETTER OF UNDERSTANDING between the INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47 and the CITY OF ANAHEIM The International Brotherhood of Electrical Workers, Loot 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, INTERNATIONAL BROTHERHOOD of a Municipal Corporation ELE!T WORKERS. Local 47 By By: L By: BY: By: Dated: Dated: C:\LaborRe1aUons\1hew\L0U 2006 SMLA 91 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 (IBEW), and the City of Anaheim (ANAHEIM) have met and conferred and reached an agreement intended to ensure that the Electric Systems Operations Dlvtsion of the Qty of Anaheim Public Utilities Department is adequately prepared In the event the Dh4slon 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 81, 2009 shaft receive a one- time certification award of $5,000. 2. The Parties acknowledge that the provisions of Section i above are an interim measure. Intended to ensure that ANAHEIM Is adequately prepared In the event of registration as a "Transmission Operatot'•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 ISEW at such time as ANAHEIM is actually registered as a 'Transmission Operator" by the NERC. STAFF OFFICIALS of the CrTY OF ANAHEIM, a Municipal Corporation Sy: By: By: Dated:3 - q - t/ By: Dated: 7- 9 92 LETTER OF UNDERSTANDING between the INTERNATIONAL BROTHMHOOD OF *ELECTRICAL WORKERS, LOCAL #47 and the CITY OF ANAHEIM The Intemational Brotherhood of Electrical Workers, Local #47 C'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 ANABERA,,4,-,�ftnicipal Corporation D - By: By: By. By. Dated:05' 93 INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, LOCAL #47 IN LETTER OF UNDERSTANDING between the LB.E.W. LOCAL #47 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO and the CITY OF ANAHEIM The I.B.E.W. Local #47 International Brotherhood of Electrical Workers, AFL-CIO ("UNION") and the City of Anaheim ("ANAHEIM!) have met and conferred and reached an agreement on matters concerning a defined contribution post-retirement medical plan (Retirement Health Savings ("RHS')). Specifically, UNION and ANAHEIM agree to the following: 1- Regular, full-time employees in the classifications listed in Appendix "A" of the Memorandum of Understanding between UNION and ANAHEIM dated January 3, 2017 through June 30, 2020, shall participate in a RHS Plan designed to provide reimbursement of qualified medical expenses upon retirement or separation from ANAHEIM employment. "Qualified medical expenses" are those expenses authorized under the provisions of Internal Revenue Code ("IRC') section 213. 2. UNION and ANAHEIM agree that each employee shall be required to contribute one percent (10/6) of his/her biweekly base pay to his/her individual RHS account effective the pay period beginning January 25, 2019. 3. There shall be no contribution by ANAHEIM to employees' individual member accounts. 4. There are no vesting requirements for contributions made to an employee's individual member account. 5. An employee who separates from ANAHEIM service for any reason will be eligible to withdraw funds for reimbursement of eligible medical expenses pursuant to IRC regulations and/or City's plan document without regard to the employee's age or years of service. 6. UNION and ANAHEIM agree that upon the death of an employee, the surviving spouse and/or eligible dependents are immediately eligible to maintain the individual member RHS account and utilize it to fund eligible medical benefits. 7. If any provision of this Letter of Understanding is at any time or in any way expressly prohibited by Private Letter Ruling or held to be contrary to any law, the remainder of this Letter of Understanding shall not be affected thereby and shall remain in full force and effect. 0 STAFF OFFICIALS of the CITY OF ANAHEIM, a Municipal Corporation By. By: By: I.B.E.W. LOCAL #47 INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, AFL-CIO By by. By: Dated: Dated: 95 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"), herein referred to collectively as the "PARTIES," have met and conferred and reached an agreement regarding the promotional process from Customer Service Representative ("CSR") II to CSR IIl. The PARTIES have agreed to the following terms and conditions: (1) CSR II employees that meet certain promotional criteria will be promoted to CSR III without qualifying through a competitive process upon meeting the promotional criteria. The Customer Service Manager shall have the sole discretion to determine and define the promotional criteria. Whether a CSR II employee has met the promotional criteria will be at the sole determination of the Customer Service Manager. (2) CSR IIs will be offered an opportunity to complete the promotional criteria based on seniority within the CSR II classification. In order to be eligible for a non-competitive promotion to CSR III, CSR IN must meet the following promotional criteria: • Successful completion of the rotation program within the office -based customer service sections (Credit and Collections, Billing, and Call Center CSR III desk duties). During this time, the employee must meet or exceed call center metrics, as determined by the Customer Service Manager. These metrics include, but are not limited to: calls per hour, minutes per call, quality scare, % availability, error count, etc.; • Successful completion of at least two (2) management approved training courses taken during rotation program; • No written reprimands or higher level discipline received during the twelve (12) month period preceding promotion into the CSR III position; • Employee received a rating of "Valued Contributor" or above in his/her most recent performance evaluation; • Employee must meet or exceed the City's attendance standards during the fifty-two (52) week period preceding promotion into the CSR III position. (3) The non-competitive promotional criteria may change at any time subject to the needs of the business and at the sole discretion of the Customer Service Manager, after providing the UNION with notification and an opportunity to discuss any proposed changes. This shall not create an obligation for ANAHEIM to meet and confer with the UNION over any changes to the promotional criteria (4) This non-competitive promotional process may be revoked by ANAHEIM upon thirty (30) days written notice to the UNION. However, those CSR IIs who successfully completed two (2) of the three (3) rotations by the date of the revocation will be allowed to complete the rotational training program and will be eligible for a non-competitive promotion to CSR III pursuant to the terms and conditions herein. STAFF OFFICIALS OF THE CITY OF ANAHEIM, A municivall:umoration By: UIR INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Local 47 ; ,y By: B. Date: ` ' l Date: 97 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2021-080 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of August, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia and O'Neil NOES: None ABSTAIN: None ABSENT: None [One City Council vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of August, 2021. CITY CLEIRK OF THE CITY OF ANAHEIM (SEAL)