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84R-072RESOLUTION NO. 84R -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE UTILITIES EMPLOYEES UNIT REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47, REPEALING RESOLUTION NOS. 81R -82, 81R -83, 81R -185, 81R -304, 81R -513, 82R -110, 82R -289, 82R -290, 82R -350, 82R -424, 82R -503, 82R -576, 82R -577, 83R -121, 83R -408 AND 84R -56 AND SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 63R -910, 64R -467, 65R -459, 69R -603, 69R -607, 72R -502, 72R -506, 72R -507, 76R -184, 76R -509, 77R -806, 77R -807, 79R -615, 81R -151, 81R -173, 81R -410, 81R -411, 81R -537, 81R -538 AS THEY APPLIED TO EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE UTILITIES EMPLOYEES UNIT. WHEREAS, Ordinance 3040 of the City of Anaheim establishes the employer - employee relations system for the City; and WHEREAS, Section 1.06.110 of Ordinance 3040 requires Memorandums of Understanding to be presented to the City Council or its statutory representa- tive for determination; and WHEREAS, the City Council of the City of Anaheim finds the adopting of a new Memorandum of Understanding executed on February 14, 1984 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 City of Anaheim and the International Brotherhood of Electrical Workers, Local Union No. 47, executed by the City Management Representative and the International Brother- hood of Electrical Workers, Local Union No. 47 officials on February 14, 1984 as defined in the document attached hereto and incorporated by reference herein, meets with the approval of this Council and accordingly is adopted with the effective date of October 7, 1983. BE IT FURTHER RESOLVED that Resolution Nos. 81R -82, 81R -83, 81R -185, 81R -304, 81R -513, 82R -110, 82R -289, 82R -290, 82R -350, 82R -424, 82R -503, 82R -576, 82R -577, 83R -121, 83R -408 and 84R -56 are hereby repealed and that those portions of Resolution Nos. 63R -910, 64R -467, 65R -459, 69R -603, 69R -607, 72R -502, 72R -506, 72R -507, 76R -184, 76R -509, 77R -806, 77R -807, 79R -615, 81R -151, 81R -173, 81R -410, 81R -411, 81R -537 and 81R -538 as they applied to employees in classifications assigned to the Utilities Employees Unit are hereby superseded; and BE IT FURTHER RESOLVED that the effective date of this resolution shall be the 7th day of October 1983. -1- THE FOREGOING RESOLUTION is approved and signed be me this 14th day of February 1984. MAYOR OF THE CITY OF AHEIM ATTEST: CITY C 16 ,1 0 2 f & T4 ! 6 4CI OF ANAHEIM APPROVED AS TO FORM: ssf. CITY ATTORNEY OF THE CITY OF ANAHEIM - 2 - 1440E STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R -72 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of February, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R -72 on the 14th day of February, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of February, 1984. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R -72 duly passed and adopted by the Anaheim City Council on February 14, 1984. i MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL NO. 47 0485s020984 INDEX PAGE ARTICLE 1 Preamble 1 ARTICLE 2 Purpose 2 ARTICLE 3 Union Recognition 2 ARTICLE 4 Scope 3 ARTICLE 5 Management Rights 4 ARTICLE 6 Employee Rights 4 ARTICLE 7 Notification 5 ARTICLE 8 Consultation 6 ARTICLE 9 Meet and Confer 6 ARTICLE 10 Memorandum of Understanding 7 ARTICLE 11 Discussion 7 ARTICLE 12 Check Off 8 ARTICLE 13 Union Organization 8 ARTICLE 17 13.0 Union Officials 8 ARTICLE 18 13.1 Access Rights 9 ARTICLE 19 13.2 Meetings and Conferring 10 ARTICLE 20 13.3 Bulletin Boards 10 13.4 Meeting Facilities 11 COMPENSATION AND PAY PROVISIONS ARTICLE 14 Compensation 11 ARTICLE 15 Classifications 12 ARTICLE 16 Appropriate Salary Step 13 16.0 Merit Pay Schedule 13 16.1 Merit Pay Approval 15 16.2 Merit Pay Reduction 15 16.3 New Hires 16 16.4 Downward Reclassification 16 16.5 Lateral Reclassification 16 16.6 Upward Reclassification 17 16.7 Demotion Reclassification 17 16.8 Pay Adjustment 17 16.9 Pay Adjustment Timing 18 ARTICLE 17 Salary Relationships 18 ARTICLE 18 Hours of Work and Pay Day 21 ARTICLE 19 Adjusted Hours 21 ARTICLE 20 Temporary Upgrading 22 20.0 Definition 22 20.1 Rate of Pay 22 20.2 Duration 23 20.3 Downgrade 23 0485s020984 INDEX (Continued) PAGE 20.4 Leave Pay Application 23 20.5 Parallel Moves 23 20.6 Qualifications 23 20.7 Job Assignment 23 20.8 Supervisory Upgrade 25 EMPLOYMENT PROVISIONS ARTICLE 21 Payroll Deductions 26 ARTICLE 22 General 27 ARTICLE 23 Appointments and Promotions 28 ARTICLE 24 Employment Lists 31 ARTICLE 25 Probation 32 ARTICLE 26 Outside Employment 34 ARTICLE 27 Service Awards 34 ARTICLE 28 Training 35 ARTICLE 29 Suspension, Demotion and Dismissal 36 ARTICLE 30 Layoff and Reemployment 37 ARTICLE 31 Transfers 40 ARTICLE 32 Reinstatement 42 ARTICLE 33 Voluntary Demotion 42 LEAVE PROVISIONS ARTICLE 34 Bereavement Leave 44 ARTICLE 35 Holidays 45 ARTICLE 36 Industrial Accident Leave 47 ARTICLE 37 Jury Duty and Court Appearances 49 ARTICLE 48 Leave Without Pay 50 ARTICLE 39 Military Leave 51 ARTICLE 40 Sick Leave 52 ARTICLE 41 Vacations 57 PREMIUM PAY PROVISIONS ARTICLE 42 Overtime 61 ARTICLE 43 Bi- Lingual Pay 63 ARTICLE 44 Call Out 64 ARTICLE 45 Distribution 66 ARTICLE 46 Meter Reader Rules 67 ARTICLE 47 Pre - Arranged Overtime 68 ARTICLE 48 Shift Differential 69 ARTICLE 49 Short Shift Change 70 ARTICLE 50 Sixteen Hour Rule 71 ARTICLE 51 Travel and Mileage Expense 73 ii 0485s020984 INDEX (Continued) PAGE WORK RULES ARTICLE 52 Meals 74 ARTICLE 53 Area Distribution Operator 77 ARTICLE 54 Crew Makeup 78 ARTICLE 55 Service Crews 79 ARTICLE 56 Line Crews 79 ARTICLE 57 Lamp Replacement 80 ARTICLE 58 Replacement of Tools 80 ARTICLE 59 Senior Trouble Shooter 82 ARTICLE 60 Stand By Duty 83 ARTICLE 61 Water Meter Repairer Duties 84 ARTICLE 62 Water Incentive Pay Program 84 GRIEVANCES ARTICLE 63 Grievance, General 86 63.4 Grievance Steps 87 63.5 Arbitration Rules 88 ARTICLE 64 Grievance Procedure Representation 90 ARTICLE 65 Insurance 91 ARTICLE 66 Physical Examinations 102 ARTICLE 67 Safety Committee 103 ARTICLE 68 Joint Committee On Medical Programs 104 ARTICLE 69 Agency Shop 105 ARTICLE 70 No Strike 105 ARTICLE 71 Construction 106 ARTICLE 72 Savings Clause 106 ARTICLE 71 Duration 107 APPENDIX A Wage Rates 108 iii 0485s020984 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND LOCAL UNION NO. 47, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A.F.L. - C.I.O. ARTICLE 1 PREAMBLE 1.0 The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City of Anaheim, (hereinafter called "ANAHEIM ") and Local Union No. 47, International Brotherhood of Electrical Workers, A.F.L. - C.I.O. (hereinafter called "UNION ") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A ". 1.1 The terms and conditions of employment that are set forth in the memorandum have been discussed in good faith between the staff officials of ANAHEIM and the UNION. The UNION agrees to recommend acceptance by its members of all of the terms and conditions of employment as set forth herein, and the staff officials of ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and conditions of employment as -1- 0481s020884 set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without any further action by either party. ARTICLE 2 PURPOSE 2.0 The objectives of the parties to this agreement 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 3.0 ANAHEIM hereby recognizes the 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, pro- vided that upon request of the employee, the UNION shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. -2- 0481s020884 ARTICLE 4 SCOPE 4.0 All officers and positions of ANAHEIM are divided into the classified service and the exempt service. The exempt service shall include the following: 4.01 All elected officials and members of boards and commissions. 4.02 The City Manager, City Attorney, City Treasurer and City Clerk. 4.03 Volunteer personnel and personnel appointed to serve without pay. 4.04 Architects, consultants, counsel, and others rendering temporary professional service. 4.05 Such positions involving seasonal or part -time employment as may be specifically placed in the exempt service by the Human Resources Director 4.1 The classified service shall include all other positions that are not specifically placed in the exempt service by this Article. -3- 0481s020884 4.2 The provisions of this article and agreement shall apply only to the classified service unless otherwise specifically provided. ARTICLE 5 MANAGEMENT RIGHTS 5.0 Management retains, exclusively, all its inherent rights, functions, duties and responsibilities except where specific- ally limited in this document. The rights of Management include, but are not limited to, the exclusive right to con- sider 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 emer- gencies; and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 6 EMPLOYEE RIGHTS 6.0 Employees shall have all rights granted to public employees under California law. Employees shall have the right -4- 0481s020884 to form, join and participate in the activities of employee organizations of their own choosing for the purpose of repre- sentation 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 exercise of these rights. ARTICLE 7 NOTIFICATION 7.0 Reasonable written notice shall be given by the City Management Representative to the UNION affected, of any pro- posed ordinance, resolution, rule or regulation directly relating to matters within the scope of representation to be presented to the City Council for determination, and the UNION shall be given the opportunity to meet with the City Management Representative prior to submission to the City Council for determination. 7.1 In cases of emergency when the City Council determines that an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with the UNION, the City Management Representative shall provide such notice at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. -5- 0 481s020884 ARTICLE 8 CONSULTATION 8.0 The City Management Representative, after consultation in good faith with representatives of the UNION, may recommend adoption of reasonable rules and regulations for the admini- stration of employer- employee relations. The City Management Representative shall consult in good faith with representatives of the UNION on employer - employee relations matters which affect them, including those that are not subject to meeting and conferring. ARTICLE 9 MEET AND CONFER 9.0 The City Management Representative and representatives of the UNION, shall have the mutual obligation personally to meet and confer in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation. Nothing herein precludes the use of any impasse procedure authorized by law whenever an agreement is not reached during the meeting and conferring process and the use of such impass procedure is mutually agreed upon by the City Management Representative and the UNION. 9.1 The City Management Representative shall not be required - to meet and confer in good faith on any subject preempted by Federal or State Law or by the City Charter nor shall he be required to meet and confer in good faith on Management or -6- 0481s020884 Employee Rights as herein defined. Proposed amendments to this article are excluded from the scope of meeting and conferring. ARTICLE 10 MEMORANDUM OF UNDERSTANDING 10.0 When the meeting and conferring process results in agreement between the City Management Representative and the UNION such agreement shall be incorporated in a written memorandum of understanding, signed by the City Management Representative and UNION representatives. The matters incor- porated in the memorandum shall be presented to the City Council, or its statutory representative, for determination. ARTICLE 11 DISCUSSION 11.0 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 the UNION or ANAHEIM at either party's request. 11.1 A party requesting a discussion may orally or in writing notify the other party of the subject to be discussed. There- after a meeting shall be promptly arranged, at which meeting not more than two UNION members and the business manager or business representative of the UNION may be present. -7- 0481s020884 11.2 If the parties are not able to resolve the issues after three meetings, the issues will be considered dropped, unless both parties agree to meet additional times. ARTICLE 12 CHECK -OFF 12.0 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 initia- tion 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 13.0 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 or elect shop stewards. 13.01 The UNION shall notify the 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. -8- 0481s021384 13.02 An employee elected or appointed as an officer or Shop Steward of the UNION shall be required to work full time in his respective job class and shall not interrupt the work of other employees. 13.1 Officers and representatives (subject to the provisions of Paragraph 13.02) of the UNION shall be permitted to visit employee work locations for the purpose of observing conditions under which employees are working, provided such visit shall not interrupt the work of such employees, interfere with the normal operations of the department or with established safety requirements. 13.11 Such officers and representatives shall not enter any work location without the knowledge of the department head, division head, or other appro- priate supervisor. 13.12 Solicitation of membership and all activities concerned with the internal management of the UNION, such as collecting dues, holding member- ship 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. -9- 0481s020884 13.2 In the event that the UNION is formally meeting and conferring with representatives of ANAHEIM on matters within the scope of representation during regular City business hours, r a reasonable number of officers, shop stewards or other repre- sentatives of the UNION shall be allowed reasonable time off without loss of compensation or other benefits. 13.21 Such officers, shop stewards and representatives shall not leave their duty or work station or assignment without the knowledge of the depart- ment head, division head or other appropriate manager or supervisor. 13.22 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 13.3 ANAHEIM shall furnish portions of bulletin boards at mutually agreeable, specific locations for the purpose of posting notices pertaining to UNION business. 13.31 All materials must be dated and must identify the UNION. µ� 13.32 ANAHEIM reserves the right to determine what reasonable portion of bulletin boards are to be allocated to UNION materials. -10- 0481s020884 13.33 If the UNION does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM'S bulletin boards. 13.4 ANAHEIM shall allow the UNION to conduct meetings in City facilities. 13.41 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at City facilities. ARTICLE 14 COMPENSATION 14.0 The City Management Representative shall be responsible for recommending wages, rates, and salary schedules for each job class in Appendix A. 14.1 Prior to any such recommendations, the City Management Representative and representatives of the UNION shall meet and confer in good faith to endeavor to reach agreement on matters concerning wages, hours, and other terms and conditions of employment in classifications represented by such UNION. 14.2 At such time as agreement is reached for such classifica- tions, the City Management Representative and the UNION shall jointly submit a written memorandum of such understanding, which shall not be binding, to the City Council for determina- tion. -11- 0481s020884 14.3 Wages and hours of work for the various classifications shall be set forth in Appendix " A " attached to this Memorandum and by this reference made a part hereof. The City Management Representative of ANAHEIM will not recommend any revision or modifications to this agreement without first consulting on such recommendations with the UNION. 14.4 The parties acknowledge that ANAHEIM intends to base future negotiating strategies upon the principle of differen- tial adjustments and the UNION will maintain its positions of across the board, non - differential bargaining. ARTICLE 15 CLASSIFICATION 15.0 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 posi- tions 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. 15.01 A job class may contain one or more positions. 15.02 Classification of all positions in the classified service shall require approval of the City Manager. -12- 0481s020884 15.1 A position may be reclassified on the basis of changes in or reevaluation of the duties, responsibilities, and /or quali- fication requirements of the position. 15.11 The Human Resources Director shall be responsible for recommending such reclassifications as-he finds to be necessary. 15.12 A reclassification shall become effective upon action by the City Manager on a Personnel Action Form. 15.13 Incumbents may or may not be reclassified with their positions, based upon the recommendation of the Human Resources Director, the appropriate department head, and the approval of the City Manager. ARTICLE 16 APPROPRIATE SALARY STEP 16.0 Regular, full -time employees shall be eligible for consideration for merit pay increases as follows: 16.01 To the "J" step of the Salary Schedule after completion of six months of service in the "R" step. -13- 04 81s020884 16.02 To the "A" step after completion of six months of service in the "J" step. 16.03 To the "B" step after completion of six months of service in the " A " step. 16.04 To the "C" step after completion of six months of service in the "B" step. 16.05 To the "D" step after completion of one year of service in the "C" step, except as provided in PARAGRAPH 16.09. 16.06 To the "E" step after completion of one year of service in the "D" step, except as provided in PARAGRAPH 16.09. 16.07 In such cases as may occur wherein an employee shall demonstrate exceptional ability and profi- ciency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minimum length of service provi- sions contained in this ARTICLE upon the approval of the employee's department head. 16.08 For purposes of this ARTICLE "six months" shall be construed to mean thirteen complete biweekly -14- 048ls020884 pay periods; and "one year" shall be construed to mean twenty -six complete biweekly pay periods. 16.09 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 "D" step after comple- tion of six months of service in the "C" step. They shall be eligible for consideration for merit pay increases to the " E " step after comple- tion of six months of service in the "D" step. 16.1 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 position. 16.11 The effective date of the merit pay increases shall be the first day of the pay period follow- ing approval as provided in Paragraph 16.1 and completion of the minimum required service in the next lower step as provided in Paragraph 16.0. 16.2 An employee may be reduced by one or more steps on the basis of unsatisfactory work performance or conduct. Such action shall require the specific recommendation of the employee's department head and the Human Resources Director and the approval of the City Manager. -15- 048 ls020884 16.21 The employee may be returned to his former salary step at such time as deemed appropriate. 16.3 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. 16.31 The provisions of this ARTICLE shall also apply to reemployed and reinstated employees. 16.4 An incumbent employee reclassified with his position to a lower job class shall retain his rate of pay and his anniver- sary date for purposes of merit pay increases, or shall be placed in the step of the lower salary schedule closest to his rate of pay. If the "E" 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 job class is assigned to a salary schedule in which the "E" step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the "E" step. 16.5 An incumbent employee reclassified with his position to an equivalent job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases. -16- 048ls020884 16.6 An employee who is promoted or reclassified with his position to a higher job class shall be placed in the step of the higher salary schedule that will provide a pay increase of not less than 4% except when the "E" step of the higher salary schedule provides a pay increase of less than 4 %, or when the "A" step of the higher salary schedule is more than 4% higher than the employee's current rate of pay. The employee shall be given a new anniversary date for purposes of merit pay in- creases in accordance with the provisions of Paragraph 16.0. 16.61 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 is appointed longer than the time provided in Paragraph 16.0. 16.7 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 40. The employee shall be given a new anni- versary date for purposes of merit pay increases in accordance with the provisions of Paragraph 16.0. 16.8 An employee in a job class which is assigned to a dif- ferent salary schedule as a result of a pay adjustment shall retain his same salary step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. -17- 048ls020884 16.9 When more than one personnel action involving changes in an employee's salary step status become effective on the same day, all such changes shall be in accordance with the provi- sions of the preceding paragraphs of the ARTICLE, and shall take place in the following order of precedence: (1) merit pay advancement or reduction in salary step; (2) adjustment to same salary step in newly authorized salary schedule; (3) promotion, demotion, or reclassification. ARTICLE 17 SALARY RELATIO ANAHEIM and UNION agree that wages for all classifica- tions represented by IBEW shall be based on the salary rela- tionships shown below: Line Mechanic (100 %) Apprentice Electric Meter Technician (85 %) Apprentice Line Mechanic (85 %) Apprentice Substation Electrician (85 %) Area Distribution Operator (85 %) Cable Splicer (100 %) Electrical Helper (70 %) Electric Meter Supervisor (110 %) Electric Meter Technician (95 %) Line Crew Supervisor (115 %) Senior Utilities Troubleshooter (110 %) Service Crew Supervisor (110 %) -18- 0481s020884 Substation Electrician (100 %) Substation Electrician Supervisor (115 %) Substation Test Technician (105 %) Substation Test Technician Supervisor (115 %) Transformer Repairer (90 %) Underground Line Crew Supervisor (115 %) Underground Service Crew Supervisor (1100) Utilities Dispatcher I (105 %) Utilities Dispatcher II (115 %) Utilities Troubleshooter (105 %) Utilities Yard Working Supervisor (90 %) Service Center Assistant (100 %) Senior Service Center Assistant (1100) Customer Service Representative (100 %) Senior Customer Service Representative (108 %) Meter Reader (100 %) Utilities Service Worker (107 %) Senior Utilities Service Worker (112.5 %) -19- 0481s020884 Maintenance Pipefitter (100 %) Apprentice Maintenance Pipefitter (85 %) Apprentice Pump Repairer (90 %) Equipment Operator (98 %) Pump Repairer (108 %) Pump Repairer Supervisor (118 %) Water Laborer (78 %) Maintenance Pipefitter Working Supervisor (120 %) Water Meter Repairer I (89 %) Water Meter Repairer II (93 %) Water Meter Working Supervisor (107 %) Water Service Maintenance Pipefitter (102.5 %) (This classification will be deleted January 27, 1984.) Water Service Working Supervisor (110 %) Facility and Event Electrician (100 %) Lead Facility and Event Electrician (110 %) Facility Air Conditioner Repairer (100 %) Apprentice Facility Air Conditioner Repairer (82.5 %) Lead Facility Air Conditioner Repairer (110 %) -20- 0 ARTICLE 18 HOURS OF WORK AND PAY DAY 18.0 The average regular work week far employees in classifi- cations in Appendix A; shall be forty (40) hours. 18.01 For all employees with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12. 18.1 Regular salaries and compensation of all employees shall be paid on a biweekly basis. ARTICLE 19 ADJUSTED HOURS 19.0 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. 19.1 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). 19.2 ANAHEIM and the UNION agree that an employee who trans- fers 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 -21- 0481s020884 for any positive balance or by docking his /her pay for any negative balance. 19.3 Affected employees may review payroll documents prior to adjusting balances to zero. ARTICLE 20 TEMPORARY UPGRADE 20.0 Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job class which is assigned to a salary schedule higher than his regular job class. 20.1 Employees temporarily upgraded to certain job classes shall be compensated at the lowest step in the higher salary schedule that will provide a premium of not less than 4.0% of the employee's regular hourly rate of pay for each hour worked in the higher job class during normal working hours if they are assigned to work in the higher job class for a minimum of two (2) hours of each day. Employees temporarily upgraded to job classes during other than normal working hours shall be compen- sated at the lowest step on the higher salary schedule that will provide an upgrade premium of not less than 4.0% of the employee's regular hourly rate of pay for all time worked in the higher job class. The "E" step in the higher salary �. schedule shall be the maximum upgrade premium when the "E" step of the higher salary schedule provides an upgrade premium of less than 4.0%. Such job classes shall be designated in Appendix A by a "U" before schedule numbers. -22- 0481s020884 20.2 Employees temporarily upgraded to a higher paying posi- tion in a management class shall receive a 5% increase or the minimum rate of the management salary range, whichever is higher. All other upgrading rules as contained in this ARTICLE will be applicable. 20.3 Upgrade to a vacant position shall be limited to six months, except in cases of extended sick leave, industrial accident leave or leave without pay. 20.4 If any employee is temporarily assigned to perform work at a lower rated job classification, his 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 time will be considered on- the -job training. The determination of those persons qualified to work in higher rated classifica- tions shall be established by ANAHEIM. It is intended by both -23- 0 481s020884 parties that lists of employees qualified for temporary upgrad- ing 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 classi- fications shall be made from lists at the sole discretion of ANAHEIM, except as provided below: 20.71 When a supervisory position (as listed below) in an Electric Utility crew is to be filled by temporary upgrade, the senior available qualified employee normally assigned to the crew shall be assigned to the upgrade. Electric Service Crews (Service Crew Supervisor) Electric Line Crews (Line Crew Supervisor) Electric Underground Line Crews (Underground Line Crew Supervisor) Electric Underground Service Crews (Underground Service Crew Supervisor) Electric Meter Shop Crews (Electric Meter Super- visor) Electric Test Crews (Substation Test Technician Supervisor) Electric Substation Maintenance Crews (Substation Electrician Supervisor) -24- 048 ls020884 20.8 Line Mechanics will be given the opportunity to request assignment to the following positions at least once each year: Senior Line Mechanic on a line crew Bucket Truck Line Mechanic Line Mechanic on a service crew 20.81 Line Mechanics shall be assigned to the above positions in order of decreasing seniority. Normally the reassignments will be effective the first day of the first pay period after February 1. Line Mechanics assigned to bucket trucks will normally not be permitted to partici- pate in upgrade. When a line crew, service crew, or bucket truck temporarily is not in service for any reason, Line Mechanics will be temporarily reassigned without regard to any seniority provisions. 20.9 When a supervisory position (as listed below) in a Water Division Crew is to be filled by temporary upgrade, the senior available qualified employee normally assigned to the crew shall be assigned to the upgrade. Water Line Crews (Maintenance Pipefitter Working Supervisor) Water Service Crews (Water Service Working Supervisor) -2S- 048 ls020884 Water Meter Crews (Water Meter Repairer II) Water Meter Shop (Water Meter Working Supervisor) Water Pump Crews (Pump Repairer Supervisor) ARTICLE 21 PAYROLL DEDUCTIONS 21.0 Deductions of authorized amounts may be made from employees' pay for the following purposes: 21.1 Withholding Tax; 21.2 Contributions to retirement benefits; 21.3 Contribution to survivors' benefits; 21.4 Payment of life insurance and accidental death and dismemberment insurance premium; 21.5 Payment of non - industrial disability insurance premium; 21.6 Payment of hospitalization and major medical insurance premium; 21.7 Payment to or savings in the Anaheim Area Credit Union; 21.8 Contributions to the United Way; 21.9 Payment of membership dues to I.B.E.W. Local Union #47. -26- 0481s020884 21.10 Purchase of United States Savings Bonds; and 21.11 Other purposes as may be authorized by the City Council. ARTICLE 22 GENERAL 22.0 It is hereby the declared personnel policy of ANAHEIM that: 22.01 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political consider- ations. 22.02 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and /or evalua- tions. 22.03 Positions having similar duties and responsibili- ties shall be classified and compensated on a uniform basis. 22.04 Tenure of employees shall be subject to good behavior, satisfactory work performance, neces- sity for the performance of work, and the availa- bility of funds. -27- 0481s020884 22.1 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. 22.2 ANAHEIM will notify the UNION, and the UNION shall refer such skilled and experienced personnel to ANAHEIM for necessary testing. 22.3 Job Bulletins regarding classifications represented by the UNION shall be sent to the UNION during recruitment periods. 22.4 ANAHEIM shall be the sole judge of the testing, qualifi- cation and acceptance procedures of all applicants for employ- ment 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 23.0 Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive -28- 0481s020884 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, test fairly the qualifications of candidates. 23.1 Minimum standards of employment for each job class shall be recommended by the Human Resources Director and approved by the City Manager. 23.2 Vacancies in positions above the entry level shall be filled by promotion whenever one or more qualified candidates are available, except when a qualified, work - disabled employee is placed in such position according to the Vocational Rehabil- itation 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. 23.21 Advancement to a higher paid job class shall constitute a promotion. -- 23.3 Examinations for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of -29- 0481s020884 candidates for the duties to be performed, so that such ap- pointments and promotions will be solely based on qualifica- tions without regard to race, color, creed, national origin, religious or political affiliation or belief, membership in or attitude toward any employee organization, sex, age, or phys- ical disability, except where sex, age, or lack of physical disability is a bona fide occupation qualification. 23.4 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 otder of final evaluation, and appointment from that list shall normally follow rank order. 23.5 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. Appoint- ments to vacant positions shall be made by the appropriate department head, with the concurrence of the Human Resources Director. 23.51 The appropriate department head, with the concur- rence of the Human Resources Director, may order names removed from an eligibility list for good and sufficient reasons. -30- 048ls020884 23.6 In the absence of appropriate employment lists, a provi- sional appointment may be made by ANAHEIM of a person meeting the minimum qualifications for the position. An eligibility list shall be established within six 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 months of his provisional appointment, said provisional appointee shall have his employment terminated at the close of the first complete biweekly pay period following the establishing of the eligi- bility list. 23.7 Appointments to certain grant funded positions as desig- nated 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 a ANAHEIM funded position during his period or employment under the grant, said grant funded appointee shall be terminated from City employment. ARTICLE 24 EMPLOYMENT LISTS 24.0 Employment lists, in order of their priority, shall be re- employment lists and eligibility lists. -31- 0481s020884 24.1 Re- employment lists shall contain the names of regular, full -time employees laid off in good standing for lack of funds or work. 24.11 Names on re- employment lists shall remain for a period not to exceed one (1) year. 24.2 Eligibility lists shall be created in accordance with the provisions of ARTICLE 23. 24.21 Eligibility lists may contain the names of one or more persons eligible for employment. 24.22 Open competitive eligibility lists shall remain in effect for a period of one year or until depleted. Eligibility lists containing less than three (3) names may be considered depleted. Eligibility lists may be extended by the Human Resources Director for a period not to exceed one (1) additional year. 24.23 Promotional eligibility lists shall remain in effect for a period of two years or until de- pleted. ARTICLE 25 PROBATION 25.0 Employees appointed from eligibility lists, reinstated employees and employees reassigned according to the Vocational -32- 0481s020884 Rehabilitation Administrative Regulation shall be subject to a period of probation. The regular period of probation shall be thirteen (13) complete biweekly pay periods unless otherwise specified for certain designated job classes. 25.02 In the event an employee is assigned to light duty status or is absent from work due to a lengthy illness or injury during his probationary period, said employee's probationary status may be extended beyond the regular period of proba- tion in the amount of one complete biweekly pay period for each complete biweekly pay period assigned to light duty status or lost due to such illness or injury. 25.03 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the pro- bationary period is served. 25.1 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 a rejection is alleged to be contrary to the provisions of this agreement. -33- 048 ls020884 25.11 An employee rejected during the probationary period from a position to which he has been promoted or transferred shall be returned to the classification in which he has regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. 25.2 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 26.0 An employee may engage in employment other than his job with ANAHEIM, if his 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 27.0 Service awards, in the form of service pins or the equivalent, shall be presented to employees in classifications listed in Appendix A for: Five (5) years of service; Ten (10) years of service; -34- 0481s0 Fifteen (15) years of service; Twenty (20) years of service; Twenty -five (25) years of service; Thirty (30) years of service; Thirty -five (35) years of service; Forty (40) years of service. Such a service award shall also be presented to any employee upon his retirement. 27.01 For purposes of this ARTICLE, the term "years of service" shall be defined as continuous, full -time service. ARTICLE 28 TRAINING 28.0 The Human Resources Director shall encourage the improve- ment of service by providing employees with opportunities for training, including training for advancement and for general fitness for public service. 28.1 Reimbursement to employees for costs incurred for formal- ized training shall be in accordance with regulations estab- lished by the City Manager. -35- 048ls020884 ARTICLE 29 SUSPENSION, DEMOTION, AND DISMISSAL 29.0 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be suspended, demoted, or dismissed for good and sufficient cause. 29.1 When in the judgment of the appropriate department head, an employee's work performance or conduct justifies disci- plinary action short of demotion or dismissal, the employee may be suspended without pay. Upon taking such action, the depart- ment 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 30 calendar days at any one time. 29.2 An employee may be demoted or dismissed upon recommenda- tion of a division head or other appropriate supervisor when- ever 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. 29.21 0481s020884 Suspension without pay pending further action shall be the status of dismissed employees appealing dismissal under provisions of -36- ARTICLE 63, Grievance Procedure. Such suspension shall not exceed 90 calendar days. ARTICLE 30 LAYOFF AND RE- EMPLOYMENT 30.0 Layoff for lack of work or lack of funds shall be on the basis of an evaluation of qualifications, and seniority within the affected job class and the affected division or department. 30.01 An employee whose position has been abolished due to lack of work or lack of funds shall be reas- signed by his department head to any position within his division or department in an equiva- lent or lower job class for which he meets the minimum requirements and has department seniority over other employees in the job class. If the employee whose position has been abolished does not have department seniority over other employees in equivalent or lower classes, he may be reassigned by his department head to any vacant position within the department in an equivalent or lower job class, for which he meets the minimum requirements. Employees so reas- signed shall be placed in the salary step of the appropriate salary schedule closest to their rate of pay. Employees so reassigned shall be rein- stated to their former job class and salary step status when positions in their former job class -37- 0481s020884 (within their division or department) become vacant. Such reinstatement shall be on the basis of department seniority. 30.02 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within his division or department, he shall be reassigned by the City Manager to any vacant position in any other division or depart- ment in his job class or in an equivalent or lower job class for which he meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his job class in any other division or department, he shall retain his rate of pay. If an employee is reassigned to a vacant position in an equivalent or lower job class in any other division or department, he may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. Employees reas- signed to vacant positions in an equivalent or lower job class in any other division or depart- ment shall be reinstated to their former job class and salary step status when positions in their former job class (within their former division or department) become vacant. Such reinstatement shall be on the basis of department seniority. -38- 048ls020884 30.1 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he shall be placed on the re- employment list for his 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 division or department from which they were laid off) become vacant. Re- employment shall be on the basis of depart- ment seniority. 30.2 Whenever an employee is reassigned to a vacant position in the same class, an equivalent class, or lower class as herein provided, he shall retain the same anniversary date for purposes of merit pay increases. 30.3 Whenever an employee is reinstated to a vacant position in his former job class, or re- employed as herein provided, he shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 16. 30.31 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 he had accrued at the time of layoff if he elects to remit to ANAHEIM any payment received under the provisions of ARTICLE 40, SICK LEAVE. -39- 0481s020884 30.4 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 PARAGRAPH 23.7 shall be excluded from the provisions of this ARTICLE. ARTICLE 31 TRANSFER 31.0 A change of an employee's place of employment from one division to another or from one department to another shall be considered a transfer. A change of an employee's place of employment to a vacant position in a job class on the same salary schedule as his own job class shall also be considered a transfer. 31.01 A transfer from one division to another or from one department to another shall require the approval of the head of the division or depart- ment 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. 31.02 A transferred employee shall retain his rate of pay and his anniversary date for purposes of merit pay increases. -40- 0481s020884 31.03 In order to be transferred to a job class with minimum standards of employment substantially different from those of his own job class, an employee shall be required to demonstrate his eligibility for employment in accordance with the provisions of ARTICLE 23 and shall serve a new probationary period in accordance with the provisions of ARTICLE 25. 31.1 Transfers for the betterment of employees and the best interests of ANAHEIM shall be encouraged by all echelons of management. ARTICLE 32 REINSTATEMENT 32.0 An employee who terminates his employment in good stand- ing may be reinstated to a vacant position in his former job class within three years of his termination date without going through the competitive processes. 32.01 An employee reinstated within thirty days of his termination date shall be considered to have continuous service and shall be credited with the amount of accumulated sick leave he had at the time of termination. He shall be placed in his former salary step and shall retain his anniver- sary date for purposes of merit pay increases. If his anniversary date has occurred during the -41- 048ls020884 period of his absence, his new anniversary date shall be the first day of the next biweekly pay period following reinstatement. 32.02 An employee reinstated after thirty days of his 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. 32.1 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 qualifica- tions. 32.2 The provisions of this article shall apply to regular, full -time employees. ARTICLE 33 VOLUNTARY DEMOTION 33.0 If an employee takes a voluntary demotion as a result of a downward reclassification of his position, his salary step status shall be in accordance with the provisions of Para- graph 16.4. 33.1 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of ARTICLE 30. -42- 0481s020884 33.2 An employee may request a voluntary demotion for any reason. Such a voluntary demotion shall require the approval of the department head under whom the employee will serve, the Human Resources Director, and the City Manager. An employee taking such a voluntary demotion may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. He shall be given a new anniversary date for purposes of merit pay increases in accordance with provisions of ARTICLE 16. 33.21 Voluntary demotions in accordance with the Vocational Rehabilitation Administrative Regula- tion shall be in accordance with the provisions of Paragraph 33.2. 33.3 An employee who has taken a voluntary demotion to a lower job class may be reinstated to a vacant position in his former job class within three years of the effective date of the voluntary demotion without requalifying by competitive pro- cesses. 33.31 An employee reinstated to his former job class from a voluntary demotion shall retain his rate of pay. If his rate of pay is not included in the salary schedule of his former job class, he shall be placed in the salary step of that salary schedule which is closest to his rate of pay. He shall retain his anniversary date for purposes of -43- 048ls020884 merit pay increases; however, if he is placed in the "A" or "B" step of the salary schedule, he shall be eligible for a merit pay increase after thirteen complete biweekly pay periods or his regular anniversary date, whichever is sooner. ARTICLE 34 BEREAVEMENT LEAVE 34.0 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 twenty -four (24) working hours. "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, step - parent, spouse, child, brother, or sister of the employee, or any parent, foster parent or step - parent of the employee's spouse, regardless of residence. 34.01 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 eight (8) working hours. Other family members shall be defined as grandparent, not under the same roof of the employee, and any grandparent, child, brother, or sister of the employee's spouse, regardless of residence. -44- 0481s020884 34.02 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. 34.03 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 on the books, the City guarantees the employee the ability to use leave without pay up to forty (40) hours. ARTICLE 35 HOLIDAYS 35.0 The following days shall be recognized as holidays, and regular full -time employees shall have these holidays off with pay: January 1st, New Year's Day Third Monday in February, Washington's Birthday Last Monday in May, Memorial Day July 4th, Independence Day First Monday in September, Labor Day November 11, Veteran's Day Fourth Thursday in November, Thanksgiving Day Friday after Thanksgiving December 25th, Christmas Day Every day designated by the City Council for a public feast, thanksgiving or holiday. -45- 0481s020884 35.1 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. 35.2 Employees may be required to work on any of the above holidays or days observed in lieu of those holidays. Any Maintenance 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 one and one -half times his regular rate of pay. 35.3 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 times his regular rate of pay. 35.4 In the event that any of the recognized holidays falls on weekends all field employees shall observe the same day. 35.5 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 work -46- 048ls020884 day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensa- tion for said holiday or day observed in lieu of the holiday. 35.6 The following days shall be recognized as flexible holidays; and regular, full -time employees shall accrue addi- tional paid vacation in accordance with ARTICLE 41 in lieu of having the following holidays off with pay: Martin Luther King's Birthday February 12, Lincoln's Birthday Good Friday September 9, Admission Day Employee's Birthday ARTICLE 36 INDUSTRIAL ACCIDENT LEAVE 36.0 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 Worker's Compensation Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave. 36.1 Any employee on Industrial Accident Leave shall receive a compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his /her regular basic rate of pay. -47- 0481s020884 36.11 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. 36.2 Industrial Accident Leave shall begin on the first day of such absence as defined in PARAGRAPH 36.0. 36.21 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed one year of accumulated absence. 36.22 Industrial Accident Leave benefits provided by this ARTICLE shall apply to each injury or disease as defined in PARAGRAPH 36.0. 36.23 The effective date of a permanent disability rating as awarded by the Worker's Compensation Appeals Board ends eligibility for industrial accident leave for that particular injury or �. disease. 36.24 A written statement from the treating physician that the employee's condition is permanent and -48- 0481s020884 stationary or separation from ANAHEIM service ends eligibility for Industrial Accident Leave for that particular injury or disease. 36.25 Industrial Accident Leave for absence due to injury or disease as defined in this ARTICLE shall be granted to employees only upon presenta- tion of a physician's certificate of treatment. 36.3 No employee shall have accrued sick leave deducted while on Industrial Accident Leave. Vacation and sick leave shall continue to accrue for any employee on Industrial Accident Leave in accordance with the provisions of ARTICLE 40 and ARTICLE 41. ARTICLE 37 JURY DUTY AND COURT APPEARANCES 37.0 In the event any full -time employee is duly summoned to any court for the purpose of performing jury duty, he shall receive his regular compensation for any regularly scheduled working hours spent in actual performance of such service. 37.1 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 own misconduct, he shall receive his regular compensation for any regularly scheduled working hours spent in actual performance of such service. -49- 0481s020884 37.11 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. ARTICLE 38 LEAVE WITHOUT PAY 38.0 Any employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. 38.01 An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave while on such leave. 38.02 An employee who has need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay. Leave without pay for a period not to exceed (40) working hours may be granted by the employee's division head. Leave without pay in excess of (40) hours up to a maximum of (12) months shall require the approval of the employee's department head. Any employee who is absent from work in excess of (12) months on leave without pay shall be separated from City Service. 38.03 In the event that leave without pay is granted an employee for reasons of illness or physical -s0- 0481s020884 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. 38.04 An employee returning to work from leave without pay shall be placed in the same salary step he was in prior to such leave. If such leave was in excess of two complete biweekly pay periods, the employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of PARAGRAPH 16.0 provided that if he returns to a position in a lower job class, his salary step status shall be determined in accordance with the provisions of ARTICLE 33. ARTICLE 39 MILITARY LEAVE 39.0 ANAHEIM'S policy relating to military leave and compensa- tion therefore, shall be in accordance with the provisions of the Military and Veterans Code of the State of California, and with all Federal provisions (Public Law 93 -508). -51- 048ls ARTICLE 40 SICK LEAVE 40.0 Employees shall accrue annual Sick Leave with pay in accordance with the following provisions: 40.01 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. 40.02 Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay. 40.03 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 Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. 40.1 Each employee shall have one (1) hour deducted from his accrued sick leave time for each hour of sick leave taken. An -52- 048ls020884 employee with a regular work day of eight (8) hours shall have eight (8) hours deducted from his accrued sick leave time for each regularly scheduled working day that he is on paid sick leave. The minimum amount of Sick Leave that may be taken at any given time shall be one hour. 40.2 Sick leave that is accrued, but not taken, shall be accumulated. 40.21 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) 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 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 (600) of his /her base rate of pay, after withholding taxes, and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six months from date of disability. -53- 048ls020884 40.31 Deductible benefits include salary or other compensation paid by any employer; Worker's Compensation Act or similar law including bene- fits 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. 40.32 Total disability means an employee's complete inability to engage in his /her regular occupation. 40.33 Benefits are not payable unless the employee is regularly seen and treated by a licensed physi- cian or medical practitioner who certifies to the continuing disability. 40.4 In the event that any paid holiday occurs during a period when any 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 any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 40.5 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 40.51 Illness of the employee or physical incapacity of the employee due to illness or injury. -54- 0481s020884 40.52 Enforced quarantine of the employee in accordance with community health regulations. 40.53 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. 40.54 Temporary disabilities caused by pregnancy and childbirth. 40.55 Up to twenty -four (24) hours of sick leave per calendar year shall be granted for illness of the employee's immediate family. 40.6 An employee who cannot perform his assigned duties due to illness or physical incapacity shall inform his immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause of denial of sick leave with pay. 40.7 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 a written statement by a physician licensed by the State of California certifying that the -55- 048l employee's condition prevented him from performing the duties of his position. Failure on the part of the employee to comply with such a requirement may be considered for disciplinary action. 40.8 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the work day, such paid sick leave shall be calculated to the nearest hour. 40.9 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 retire- ment, layoff or to his /her beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 40.91 Employees who retire in calendar year 1984 or thereafter shall receive service credit for all hours up to one hundred seventy -five. -56- 0481s020884 40.10 If two or more periods of total disability occur during a specific six -month elimination period for the insured LTD plan, all such periods shall be considered as one period of contin- uous total disability under the following conditions: 40.11 All periods of total disability must be due to the same cause or causes; and 40.12 All recurring periods of total disability that qualify as one period of continuous total disa- bility for the insured LTD plan, shall qualify as one period of continuous total disability for the ANAHEIM Disability Plan and shall not require a new one -month waiting period before ANAHEIM Disability Benefits will be paid; and 40.13 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. ARTICLE 41 VACATION 41.0 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 which include vacation earned at the rate of one (1) hour for each complete biweekly pay period, in lieu of the designated flexible holidays out- lined in PARAGRAPH 35.0. -57- 0481s020884 41.01 For the first four 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). 41.02 Upon completion of four 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). 41.03 Upon completion of eight 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). 41.04 Upon completion of fourteen 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). 41.05 Upon completion of nineteen years of continuous, full -time service, such employees shall accrue -58- 048ls020884 paid vacation at the rate of eight (8) hours for each complete biweekly pay period (208 hours or 26 working days per year). 41.1 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 (1) hour. 41.2 An employee shall be eligible to take any accrued vaca- tion upon completion of thirteen (13) complete biweekly pay periods of service. Each employee shall have one (1) hour deducted from his accrued vacation time for each hour of vacation taken. Vacation which is accrued, but not taken, shall be accumulated. 41.3 Maximum vacation accumulations for employees with an average regular work week of forty (40) hours shall be as follows: 41.31 For employees accruing vacation at the rate of one hundred six (106) hours for every twenty -six (26) complete biweekly pay periods, the maximum -59- 0481s020884 amount of vacation that may be accumulated shall be one hundred ninety (190) hours. 41.32 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. 41.33 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. 41.34 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. 41.35 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 -60- 048ls020884 accumulated shall be three hundred ninety (390) hours. 41.4 Upon termination, an employee shall be compensated in cash at his current rate of pay for any vacation accrued but not taken, provided that he has successfully completed his probationary period. 41.5 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that shall be charged against any employee's accrued vacation shall be those hours that the employee is regularly scheduled to work. ARTICLE 42 OVERTIME 42.0 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. 42.1 A full -time Public Utilities Department employee who performs authorized work in excess of his normal work period, -61- 0481 regular work week, work day or shift shall be compensated for such work at the rate of two times his regular hourly rate of pay, except as provided in ARTICLE 42.6. 42.2 A full -time maintenance department employee who performs authorized work in excess of his normal work period, regular work week, work day or shift shall be compensated for such work at the rate of one and one -half times his regular hourly rate of pay. 42.3 Overtime shall be calculated to the nearest one - quarter 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. 42.4 All overtime must be authorized by the appropriate division head. 42.5 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. 42.6 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 times their regular rate of pay for each hour worked. -62- 0481s020884 42.7 All employees who earn overtime may elect to take as compensatory time under the following provisions: 42.71 Compensatory time is earned at straight time. 42.72 Must be designated as compensatory time when earned. 42.73 Once this time is designated as compensatory, it cannot be converted to another type of overtime. 42.74 There is a maximum of twenty -four (24) hours allowed on the books. 42.75 There is a maximum utilization of twenty -four (24) hours per payroll year. 42.76 Compensatory time off shall be granted in accordance with ARTICLE 41, Vacations. ARTICLE 43 BI- LINGUAL PAY 43.0 Employees required to speak, read and /or write in Spanish as well as English as part of the regular duties of their °— position will be compensated at the rate of twenty -five dollars ($25.00) per pay period in addition to their regular pay. -63- 0 481s020884 43.01 The appropriate department head shall designate which positions shall be assigned bilingual duties. 43.02 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 bi- lingual competency and notify the Human Resources Director of the outcome of the test. 43.03 Bilingual pay eligibility shall continue in accordance with the above provisions during any period of leave with pay. ARTICLE 44 CALL -OUT 44.0 Call out compensation shall be in accordance with the following provisions: 44.1 All emergency call -out time shall be calculated to the nearest one - quarter (1/4) hour of time worked. 44.2 When a Maintenance Department employee is called out for emergency work, he shall be paid at the rate of one and one -half times his regular rate of pay for such emergency work. -64- 0481s020884 44.21 For Maintenance Department employees, a minimum of two (2) hours (including travel time) of pay at the rate of one and one -half times the employee's regular rate of pay shall be guaran- teed for each emergency callout. 44.22 For Maintenance Department employees, forty -five minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency callout. 44.23 For Maintenance Department employees a minimum of two (2) hours pay at the rate of one and one -half times the employee's regular rate of pay shall be guaranteed for prearranged overtime, except when such overtime occurs immediately before or after a regular work period. 44.3 Public Utilities Department employees shall be guaranteed a minimum of two (2) hours of pay at the overtime rate for each call out. 44.31 Call out time for these employees shall be calculated from the time of arrival. -65- .,..�._.�..w._� _ n48 1 �n2n 84 ARTICLE 45 DISTRIBUTION 45.0 In order that overtime can be equitably distributed among employees in a given classification, ANAHEIM and UNION agree that overtime will be assigned pursuant to Public Utilities Department policies except that employees who are unable to reach the Utilities Service Center within a reasonable time may be removed by ANAHEIM from the list of those persons to whom overtime is normally assigned. 45.01 Call out lists shall be prepared by each pay period and posted each pay day. 45.02 All overtime worked or declined shall be charged. 45.03 Each list will be gone through one time before moving to next list. 45.04 Electric Utilities Crews shall have one list for call out purposes by classification. Call out lists will consist of Line Mechanic and Cable Splicer; Overhead and Underground Line Crew Supervisor; and Overhead and Underground Service Crew Supervisor. 45.05 For Line Crew Supervisor the order of calling shall be Line Crew Supervisor; Service Crew Supervisor; then Line Mechanic and Cable Splicer. -66- 45.06 For Service Crew Supervisor the order of call out shall be Service Crew Supervisor; Line Mechanic and Cable Splicer. 45.07 Common call out lists will be created for Main- tenance Pipefitter Working Supervisor and Water Service Supervisor. ARTICLE 46 METER READER RULES 46.0 An employee working in the classification of Meter Reader who has completed 8.0 units of meter book value shall be compensated at the rate of two 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. 1.0 unit = 1.0 hour 46.01 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 times his /her regular hourly rate of pay for each completed unit of meter book value or portion thereof. ARTICLE 47 PREARRANGED OVERTIME 47.0 Prearranged overtime work for Public Utilities Department employees will not be scheduled for less than four (4) hours, -67- _ except when such overtime work occurs immediately prior to or following a regular work period. 47.1 Employees required to work such prearranged overtime immediately prior to or following their regular work period shall not require assignment from the overtime list; however, the employees' hours worked shall be added to the overtime list. 47.11 Employees who are notified of cancellation of planned overtime after the close of their regu- larly scheduled work shift immediately preceding the planned overtime, shall receive one -half (1/2) hour pay at the appropriate overtime rate. ARTICLE 48 SHIFT DIFFERENTIAL 48.0 All eight -hour periods, regularly scheduled to begin at 3:00 p.m., or thereafter, but before 3:00 a.m. shall be desig- nated as night shift. 48.01 A premium of 5.0% of the employee's regular hourly rate of pay shall be paid for work per- formed in the night shift. 48.02 A premium of 5.0% of the employee's regular hourly rate of pay shall be paid for each hour worked in his regular rate of pay between 3:00 a.m. and 6:00 a.m. -68- 48.03 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. 48.04 When an employee is required to work continuously without a break beyond the end of his night shift, the overtime rate shall be applied to the applicable shift premium. 48.1 Shift premium shall be payable only for hours actually worked and shall not be paid for non -work time, such as vaca- tions, holidays, sick leave, etc. ARTICLE 49 SHORT SHIFT CHANGE 49.0 For Maintenance Department employees short shift changes as defined herein shall be compensated at the rate of one and one -half the employee's regular rate of pay. 49.1 For Public Utilities Department employees short shift changes as defined herein shall be compensated at the rate of two times the employee's regular rate of pay. 49.2 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) hours in advance of the starting time of the new schedule. -69- 49.3 For Maintenance 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 twenty -four (24) hours in advance of the starting time of the new schedule. 49.4 The first shift after transfer from one eight (8) hour working shift to another without notification of such transfer at least twenty -four (24) hours in advance of the starting time of the new shift. 49.5 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. 49.6 No overtime compensation shall be paid for any hours worked on a second shift in any twenty -four (24) hour period, which hours are worked as a result of the regular shift rota- tion or which hours are worked as a result of shift changes or changes in days off mutually agreed upon by employees for their convenience. Any changes in days off must be in the same work week. ARTICLE 50 SIXTEEN HOUR RULE 50.0 ANAHEIM and UNION agree that no employee will be denied a rest period after working sixteen consecutive hours if the employee requests a rest period because of his physical condi- tion. -70- _ _.0481s020984 50.1 A rest period of eight (8) consecutive hours or more shall be considered to be an interruption of continuous work time; provided however, if an overtime situation results in an w` employee earning more than one rest period in a continuous work emergency, the rest periods following the eight hour rest period will be six hours. 50.2 Employees shall be paid at the regular rate of pay for all regularly scheduled work time which falls during the rest period. 50.3 Employees required to return to work during such rest periods shall be compensated at the overtime rate of pay for all time worked. Such overtime pay shall be in lieu of, and not in addition to, pay received under the provisions of PARAGRAPH 50.2. 50.4 Meal time will not be considered as an interruption of consecutive work time and will not be considered as part of consecutive work time, except when such meal time is paid meal time. The meal period which occurs during the regular work hours of employees in these job classes will be included in the computation of the eight (8) and /or six hour (6) rest period. 50.5 The appropriate supervisor shall determine when rest periods shall take place. -71- 50.6 Rest periods of less than eight (8) and /or six (6) consecutive hours shall be counted as work hours. 50.7 The sixteen hours begins upon arrival at work. ARTICLE 51 TRAVEL AND MILEAGE EXPENSE 51.0 Travel expense allowance for employees while on City business shall be provided in accordance with regulations established by the City Manager and /or the City Council. 51.1 ANAHEIM'S Mileage Reimbursement rate will be adjusted quarterly upward or downward in accordance with change in the Private Transportation Index* (All Urban Consumers) for the Los Angeles /Long Beach /Anaheim area as computed by the U. S. Department of Labor, Bureau of Labor Statistics as follows: Index 278.1 305.9 336.5 370.2 407.2 * 1967 = 100 Mileage Reimbursement Rate 21¢ up to 100 miles 18¢ over 100 miles 23¢ up to 100 miles 20V over 100 miles 25¢ up to 100 miles 22¢ over 100 miles 27¢ up to 100 miles 24¢ over 100 miles 29¢ up to 100 miles 26¢ over 100 miles -72- 0481s020984 Any increase or decrease for a quarter shall be computed in the month following each respective quarter and shall be effective the first day of the second month following the end of each respective quarter. ARTICLE 52 MEALS 52.0 Public Utilities Department employees shall be eligible for meal compensation under the following conditions: 52.01 Compensation for two meals if the employee is called out on overtime work one (1) hour before a scheduled work day. If compensation for a meal has been earned under another section for this article within two (2) hours of the scheduled work day, compensation for only one meal shall be provided under this section. 52.02 Compensation for one meal if the employee is called back for overtime work within one and one -half (1 1/2) hours after normal quitting time and works beyond two and one -half (2 1/2) hours after normal quitting time. 52.03 Compensation for one meal if the employee works two (2) hours overtime beyond normal quitting time. -73- - _, _ U481 s.D 2 n 9 R 4 52.04 Compensation for one meal if the employee is scheduled to work overtime two (2) hours before a regular day. 52.05 Compensation for one meal for every four (4) hours of work performed during a call -out. 52.06 An employee may at his request, be compensated for meals at the rate of one -half (1/2) hour of overtime pay per meal. 52.07 Effective January 27, 1984, meal compensation shall be $10.00 per meal. 52.08 Eligibility for meal time shall be based on eligibility for meal compensation, except that when a Public Utilities Department crew is called out to perform emergency overtime work, ANAHEIM and UNION agree that work periods for determining eligibility for meal time will begin upon the arrival of the crew supervisor. 52.09 Meal time shall be compensated at the overtime rate and shall normally be limited to one -half (1/2) hour with a maximum limit of forty -five minutes paid meal time. -74- 048 1s020984 52.10 Payment for meals shall be by check paid each Friday by the end of the work day for all meals earned through the preceding Tuesday 8:00 a.m. 52.1 The City shall provide an employee in the Maintenance Department adequate meals under the following conditions. 52.11 An employee shall be provided with two adequate meals if he is called out on emergency overtime work one (1) hour before a scheduled work day. If a meal has been earned under another section of this rule within two (2) hours of the sched- uled work day, only one meal shall be provided under this section. 52.12 An employee will be provided one meal if he is called back to emergency overtime work within one and one -half (1 -1/2) hours after normal quitting time and works beyond two and one -half (2 -1/2) hours after normal quitting time. 52.13 An employee shall be provided an adequate meal if he works two (2) hours overtime beyond the normal quitting time. 52.14 An employee shall receive one meal if he is scheduled to work overtime two (2) hours before a regular day. -75- 52.15 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 52.16 Meal time shall be compensated at the appropriate overtime rate and shall normally be limited to one -half (1/2) hour with a maximum of forty -five minutes paid meal time. 52.17 An employee may at his request, be compensated for meals at the rate of one -half (1/2) hour of overtime pay per meal. 52.2 ANAHEIM and UNION agree that the one -half hour lunch period for day shift field crew employees will begin between 11:30 a.m. and 1:00 p.m. If the one -half hour lunch period does not begin during that time, no lunch period will be observed during that work day, and employees will be paid one -half hour at the overtime rate, and will be permitted to eat while working. ARTICLE 53 AREA DISTRIBUTION OPERATOR 53.0 Normally, Area Distribution Operators will be assigned to operate pole switches during emergencies and during substation operations. -76- 048ls020984 ARTICLE 54 CREW MAKEUP 54.0 ANAHEIM and the UNION agree that the number of employees on a crew shall be determined by ANAHEIM. 54.1 Line Crew Supervisors appointed after October 10, 1980, may be required to perform any work that is safe, but will not be required to climb utility poles. Line Crew Supervisors appointed prior to October 10, 1980 shall not be assigned to a three person crew. 54.2 ANAHEIM will have underground and overhead crews to perform electric utility work. 54.3 Sufficient personnel will be assigned to the crews to satisfy the needs of the electric utility safely. 54.4 All electric utility personnel shall receive adequate training and work experience so that all employees are quali- fied to perform underground and overhead work. 54.5 A Line Mechanic permanently assigned to an underground crew shall be reclassified "Cable Splicer" and paid at the same rate of pay as a Line Mechanic. Assignments to an underground crew will normally be considered as permanent. -77- S4.6 Reassignment of Cable Splicer to other work will normally be in order of increasing seniority, except for training and familiarization purposes. ARTICLE 55 SERVICE CREWS 55.0 Service Crews shall be supervised by a Service Crew Supervisor. 55.1 Normal makeup of overhead crews shall be the supervisor and one journey level employee. As the work requires, an electrical helper may be assigned to the crew. 55.2 Minimum makeup of an underground crew shall be the supervisor and an Electrical Helper. As the work requires, an Apprentice Line Mechanic (or higher class) may be assigned to the crew. 55.3 When four or more employees are assigned to a service crew, the supervisor will be considered a Line Crew Supervisor. ARTICLE 56 LINE CREWS 56.0 Line crews shall be supervised by a Line Crew Super- visor. Minimum makeup of an overhead line crew shall be the supervisor and two journey level Line Mechanics. As work requires, additional employees may be assigned to overhead line crews. -78- - 0481s020984 56.1 Normal makeup of an underground crew shall be the super- visor, two journey level employees and one Electrical Helper. 56.2 As work requires, additional personnel may be assigned to either crew. 56.3 Assignment of a Line Mechanic permanently to an under- ground crew shall be in order of decreasing seniority. 56.4 From time -to -time, additional personnel may be assigned to underground crews or underground crew personnel may be assigned to other work. 56.5 Nothing herein shall prohibit substation crews from installing, terminating, splicing or maintaining synthetic insulated cable in substations. ARTICLE 57 LAMP REPLACEMENT 57.0 Lamp replacement at all fire stations with the exception of the headquarters station, may be performed by personnel other than those in the I.B.E.W. unit. ARTICLE 58 REPLACEMENT OF TOOLS 58.0 ANAHEIM shall pay seventy -five (750) percent of the City's cost of replacing the listed personal tools used in the normal course of duties of Electric Utility Field employees: -79- 58.1 Line Mechanic 58.11 Body belt, including pliers, holster and bolt bag 58.12 Climbers 58.13 Straps and pads 58.14 Klein pliers 58.15 Skinning knife 58.16 Speed wrench (1/2 - 9/16) and (5/8 - 3/4) 58.2 Substation Electrician 58.21 Body belt and safety 58.22 Klein pliers 58.23 Skinning knife 58.24 Channel lock pliers 58.25 Medium and larger common screw driver 58.26 Medium and larger Phillips screw driver 58.27 Leather tool pouch with belt 58.3 Substation Test Technician 58.301 Spintight, nut drivers 58.302 Screw drivers 58.303 Pliers, needle nose 58.304 Pliers, linemans 58.305 Wrench, 5/32" to 7/16" 58.306 Puller, fuse 58.307 Pliers, side cutters -80- 048ls020984 S8.308 58.309 58.310 58.311 58.312 58.313 Wire stripper Hammer, 502 Punch, center Skinning knife Hex key set Pliers, slip joint 58.4 Electric Meter Technician 58.41 Tool pouch (AEA) 58.42 Belt (for above) 58.43 Screw driver 58.431 Phillips 58.432 Flat (large) 58.433 Flat (small) 58.434 Holding Screw Driver 58.44 Diagonal wire cutters 58.45 Long nose pliers 58.46 Slip joint pliers ( "Channel -lok ") 58.47 Electricians knife ARTICLE 59 SENIOR TROUBLE SHOOTER 59.0 The Senior Utilities Troubleshooter shall be on the Utilities Troubleshooter overtime list and shall perform all Utilities Troubleshooter duties as required. -81- 048 1s020984 S9.1 The probable normal working hours for Senior Utilities Troubleshooter shall be from 11:00 a.m. to 7:00 p.m. except from time -to -time this schedule may be moved forward or back up to two hours as required by the City. S9.2 In the event the Troubleshooter function is reduced from six to five positions, all five employees will be on a rotating shift and consist of four Troubleshooters and one Senior Troubleshooter. ARTICLE 60 STANDBY DUTY 60.0 A Line Mechanic will be assigned to standby duty. 60.01 The standby Line Mechanics may perform all duties within their classification. 60.02 Standby Line Mechanics will not be assigned to pre- arranged overtime. 60.1 A journey level or higher Water employee will be assigned to standby duty. 60.2 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 two (2) hours of pay at his regular hourly rate of pay for each calendar day of such standby duty. -82- 048ls020984 60.3 Employees assigned to standby will be compensated for actual travel time at the overtime rate when driving City vehicles to and from home up to a maximum of forty -five (45) .. minutes each way. ARTICLE 61 WATER METER REPAIRER DUTIES 61.0 Employees in the classifications of Water Meter Repairer I and Water Meter Repairer II will be assigned to install, pull and replace water meters as part of their regularly assigned duties. ARTICLE 62 WATER INCENTIVE PAY PROGRAM 62.0 All current Equipment Operators in the water utility who agree to attempt the program outlined below will be reclassi- fied to Maintenance Pipefitter. 62.1 All current Equipment Operators in the water utility who decline to participate in the program outlined below will remain classified as Equipment Operators. 62.3 All current Maintenance Pipefitters in the water utility who decline to participate in the program outlined below will remain classified as Maintenance Pipefitters. 62.4 All incentive pay program participants (Equipment Opera- tors /Maintenance Pipefitters) will receive an additional two -83- 0481s02098 and one -half percent (2 -1/20) pay upon completion of the following program requirements; (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 I Certificate from the California Section, American Water Works Association. 62.5 Any Equipment Operator who participates in the program for three years and does not obtain certification as a fully qualified Maintenance Pipefitter will be reclassified to Equipment Operator at the conclusion of the three years. 62.6 Future Apprentice Maintenance Pipefitters must be certi- fied as a fully qualified Maintenance Pipefitter, be certified as a fully qualified Equipment Operator, and obtain a Water Distribution Operator, Grade I Certificate from the California Section, American Water Works Association during the appren- ticeship and will receive the incentive pay upon appointment to journey level Maintenance Pipefitter. 62.7 The new job class of Water Service Working Supervisor will be created. The incumbent Water Service Maintenance Pipefitters will be reclassified to Water Service Working Supervisors with the understanding that they will gain requi- site certification as a fully qualified Equipment Operator within two years. -84- 0 481s020984 62.8 Future appointments to Water Service Working Supervisor and Maintenance Pipefitter Working Supervisor will require achievement of all three qualifications in the incentive program. 62.9 Water Service Working Supervisors will be paid the Water Service Working Supervisor rate of pay if they have three or fewer employees on their crew and will be upgraded and paid the Maintenance Pipefitter Working Supervisor rate of pay if they have four of more employees on their crew. ARTICLE 63 GRIEVANCE PROCEDURE 63.0 Any alleged violation of the terms and conditions of this agreement or any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures shall be considered to be a matter subject to review through the grievance procedure and settled in accordance with the provisions of this article. 63.1 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between authorized representatives of ANAHEIM and the UNION. In the event that the parties cannot resolve the dispute, the dispute shall, upon the request of either party, be referred to the arbitrator for a final and binding decision. -85- SnQ2R4 63.2 All expenses of any arbitration shall be borne equally by ANAHEIM and the UNION. 63.3 ANAHEIM and the UNION agree that awards of back pay as a result of a successful appeal from a disciplinary action shall not consider earnings from outside employment when such employ- ment was obtained prior to the disciplinary action, in accord- ance with ARTICLE 26 and to the extent that the earnings from such employment remained constant during the employee's absence from work. 63.4 Employee grievances shall be handled in the following manner: 63.41 First Step. An attempt shall be made to adjust all grievances on an informal basis between the employee and /or his designated representative and a supervisor in the employee's chain of command, up to and including his division head, within five (S) working days after the occurrence of the incident involved in the grievance. The division head shall deliver his answer within five (5) working days after submission of the grievance to him. 63.42 Second Step. If the grievance is not satisfac- torily adjusted in the First Step, it shall be submitted in writing to the employee's department -86- head within five (5) working days after the division head's answer is received by the employee and /or his designated representative. The department head shall meet with the employee and /or his designated representative within ten (10) working days after submission of the grie- vance to him. The department head shall review the grievance and may affirm, reverse, or modify as he deems appropriate, the disposition made at the First Step and shall deliver his answer to the employee and /or his designated representative within five (5) working days after said meeting. 63.43 Third Step. If the grievance is not satisfac- torily adjusted in the Second Step, it shall be submitted to an impartial arbitrator for a final and binding decision. Such submission must occur within thirty (30) days after the department head's answer is received. 63.5 In order to request arbitration, either party shall serve written notice to the other party specifying the grievance to be submitted. The parties shall thereafter attempt to resolve the issue and select the arbitrator. If such written notifica- tion and selection of the arbitrator is not completed within thirty (30) days after the department head's answer is received by the employee and /or his designated representative, then either party may take action to compel arbitration. Failure to -87- take action to compel arbitration within thirty (30) days will conclusively be deemed abandonment of the right to compel arbitration. 63.6 The arbitrator's decision shall be final and binding on both parties, it being agreed that the arbitrator shall have no powers to add to or subtract from nor to modify any of the terms of any memorandum of understanding between the parties and that the arbitrator's award shall be consistent with and controlled by this agreement, Ordinances and Charter of the City of Anaheim, and the laws and Constitution of the State of California. 63.7 The arbitrator will be requested by the parties to render his decision in writing as quickly as possible but in no event later than thirty (30) days after the conclusion of the hear- ings, unless the parties agree otherwise. 63.8 Any grievance not presented and /or carried forward by the employee and /or his designated representative within the time limits specified in the preceding Paragraphs shall be deemed null and void, provided, however, the employee and /or his designated representative and the ANAHEIM representative may agree to continue said time limits. 63.9 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or recommended by any employee or employee -88- 0481/020984 organization shall not be considered to be a matter subject to review through the grievance procedure. 63.10 An employee who has been suspended, demoted, or dismissed may be reinstated to his 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 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 con- clusively 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 rein- stated employee from other employment during his period of suspension shall be deducted from the amount of back pay ordered by the City Manager. ARTICLE 64 GRIEVANCE PROCEDURE REPRESENTATION 64.0 Employees shall have the right to be represented in grievance matters in the following manner: 64.01 Employees shall have the right to represent themselves individually in grievance matters. -89- 64.02 Employees may designate a representative to represent them in grievance matters. 64.03 No supervisor shall be represented in grievance matters by an employee whom he may supervise. 64.04 No employee shall be represented in grievance matters by a supervisor for whom he may work. ARTICLE 65 INSURANCE 65.0 Active Employees 65.01 Health Insurance 65.011 ANAHEIM agrees to sponsor the following Medical Plans. (a) City Medical Plan (b) Kaiser Foundation Health Plan (c) Family Health Plan (d) INA Plan (e) General Medical Centers Health Plan -90- 048 65.012 The City Medical Plan shall be described in a booklet which shall become a part of this memorandum by reference. The booklet in addition to administrative provisions will include the benefits as agreed to by the parties. The provisions of the City Medical Plan shall become effective February 1, 1984. 65.013 For all medical plans, married Anaheim employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and married Anaheim employee couples covered by one plan shall pay no health insur- ance premium while both spouses are employed by Anaheim. 65.014 Proof of marriage will be required of all employees when adding a new spouse to any current medical plan. 65.015 The Master contract is between the City and the plan administrator shall govern in the event of any disputes over any matter within the provi- sions of the contract. -91- 048ls021384 65.016 The benefit schedules for the prepaid HMO health plans will not be modified unilaterally by the City of 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 effec- tive shall be applied to the new fees. 65.017 The patient /employee responsibility under the hospital pre - authorizaton review process is limited to assuring proper notification has been made to the offices of Cost Care, Inc. according to the published literature /employee kit supplied by the City to each employee. 65.02 ANAHEIM and Employee Contributions 65.020 ANAHEIM Contributions 65.0201 For all H.M.O. plans sponsored by ANAHEIM, ANAHEIM will pay a monthly amount equal to 100% of the Kaiser -92- 048 1s021384 monthly rate en w ''^tom - for the calendar years 1984, 1985 and 1986. 65.0202 For the self funded City Medical Plan, ANAHEIM will during the calendar years 1984, 1985 and 1986, pay a monthly amount equal to the following: Single 114.36 Two Party 191.96 Family 258.51 65.0203 For the various Dental Plans, ANAHEIM will during the calendar years 1984, 1985 and 1986 pay an amount equal to 100% of the 1984 monthly Safeguard rate. 65.021 Employee Contributions 65.0211 Employees who select an HMO other than Kaiser shall be required to contribute an amount equal to 1000 of the excess amount over the Kaiser monthly rate. -93- 0481+021384 65.0212 Employees who select a Dental Plan other than Safeguard will be required to contribute an amount equal to 100% of the excess amount over the Safeguard monthly rate. 65.0213 For the self funded City Medical Plan, employees during the calendar year 1984 will be required to contribute a monthly amount as follows: Single $ 0 Two Party $ 10 Family $ 15 65.0214 For the self funded City Medical Plan and the Safeguard Dental Plan, during the calendar year 1985, employees will be required to contribute an amount equal to any increase in ANAHEIM'S cost for those plans in this year but in no -94- 048ls021384 event shall the employees contribution exceed the following: Single $ 10.00 Two Party $ 25.00 Family $ 35.00 65.0215 For the self funded City Medical Plan, and the Safeguard Dental Plan, during the calendar year 1986, employees will be required to contribute an amount equal to any increase in ANAHEIM'S cost for these plans in this year, but in no event shall the employees contribution exceed the following: Single $20.00 Two Party $40.00 Family $55.00 65.0216 In the event the cost of the self funded City Medical Plan and /or the Safeguard Dental Plan increases in 1985 or 1986 beyond that amount covered by the increased employee contribution -95- 048ls021384 described in PARAGRAPHS 65.0214 and 65.0215, the City shall contribute 1000 of the excess amount. 65.0217 In the event that the cost of the self funded City Medical Plan decreases below the premium rates established for 1984, savings from any such decreases shall be used to offset 1985 or 1986 employee contributions. 65.03 Life Insurance 65.031 ANAHEIM agrees to absorb any increased cost of life insurance premiums during the term of this Memorandum. At such time as the Special Experience Account is closed out, a bilateral determination of the disbursal of any such funds shall be made. 65.032 ANAHEIM shall pay a portion of the premium for employee group life insurance coverage in accordance with the provisions of any contract between the City of ANAHEIM and any company or companies providing such coverage. -96- 048ls021384 65.033 An employee who retires shall receive a paid -up life insurance policy, paid for wholly by ANAHEIM, with a face value of $100.00 for each complete year of service and $50.00 for more than six months, but less than a complete year of service up to a maximum of $2,000.00. 65.034 Permanent and Total Disability Life Insur ance Benefit 65.0341 Employees eligible to retire: Such employee who is permanently and totally disabled shall receive the following Life Insurance benefit: 65.03411 $100 paid up life insurance for each year of service as provided under the Retired Life Insurance Program. 65.03412 Decreasing term life insurance in the amount of the employee's Basic Life insurance less the paid up life insurance described -97- 0481s021384 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). 65.03413 The permanently and totally disabled employee will pay no premium during the term of this benefit. 65.0342 Employees not eligible to re- tire: Such employee shall receive the following Life Insurance benefit: 65.03421 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). -98- 048ls021384 65.03422 The permanently and totally disabled employee shall pay no premium during the term of this benefit. 65.0343 This language expresses the intent of the parties. The precise language will be prepared by insurance at- torneys. 65.04 Long Term Disability Benefits 65.041 ANAHEIM agrees to pay the cost of long term disability insurance premiums during the term of this Memorandum. 65.042 ANAHEIM shall pay the premium for employee group long term disability insurance coverage in accordance with the provisions of any contract between the City of Anaheim and any company or companies providing such coverage. 65.05 Dental Plans -99- 048ls021384 65.051 ANAHEIM agrees to continue sponsorship of the fee for service dental plan. 65.052 ANAHEIM agrees to continue sponsorship of prepaid dental plans. 66.05 Short Term Disability 65.061 ANAHEIM agrees to continue sponsorship of the employee paid short -term disability insurance coverage for presently enrolled employees during the term of this Mem- orandum. 65.062 ANAHEIM agrees to provide the existing Short Term Disability plan. ANAHEIM agrees to pay ANAHEIM'S portion of medic- al, dental, life, and optical insurance during absence due to illness or injury up to six months. 65.07 Pensions -100 - 048 ls02138 4 65.071 ANAHEIM shall contribute a portion of the cost of employee retirement benefits in accordance with the provisions of the contract between the City of Anaheim and the Public Employees' Retirement System. 65.072 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 65.08 Retired Employees Health Insurance 65.081 ANAHEIM agrees to continue sponsorship of the Retired Employee Insurance Program during the term of this Memorandum. 65.082 The City- sponsored retired employee health plan shall be as outlined for active employees in PARAGRAPH 65.012. 65.083 Retired employees may continue membership in one of ANAHEIM's Health Maintenance Organi- zation health benefit plans. -101- 0483-021384 65.084 Employees who retire prior to February 1, 1984 shall contribute $15.00 per month for the single or two -party plan or $45.00 per month for the family plan, regardless of the plan in which they are enrolled. 65.085 Employees who retire on or after February 1, 1984 will be required to contribute 50 of ANAHEIM'S cost of any plan they may elect; provided however, any employee who retires on or after February 1, 1984 and who enroll in Part A and B of Medicare shall not be required to make the employee monthly contribution. 65.09 Eligibility Requirements for Retired Health 65.091 In order to be eligible to remain in one of ANAHEIM'S medical plans, employees must have attained the age of 55 with 10 years of ANAHEIM service. 65.092 Surviving spouse of retiree can continue coverage under same terms. -102 - 0483s021484 65.093 Once cancelled for any reason, cannot re - enroll. 65.094 Coverage will be cancelled for non - payment of monthly fees after 3 months in arrears. 65.095 There will be Coordination of Benefits where other insurance coverage exists, and City retiree plan shall be secondary if retiree takes other employment which provides medical coverage. 65.096 Vision care benefits of the Vision Service Plan are EXCLUDED from the benefits for the Retired Group. 65.097 Retirees may only change health plans during the annual open enrollment period. ARTICLE 66 PHYSICAL EXAMINATIONS 66.0 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 w. established by the Human Resources Director. -103- 0483-021384 66.1 In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualifica- tion than his present job class, any employee must pass the appropriate physical examination. 66.2 Any employee who returns of work after an absence in excess of forty -eight (48) consecutive working hours due to illness or physical incapacity may be required by his depart- ment head to undergo a physical examination. 66.21 Any employee who fails to pass a physical examination required under the provisions of PARAGRAPH 66.2 may be transferred or demoted to a position requiring lesser physical qualifica- tions, recommended for disability retirement, or terminated. 66.3 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 practice as defined by California State Law. 66.31 Exceptions to the provisions of PARAGRAPH 66.3 may be made only in the case of out -of -state candidates for employment. In such cases, the -104- 0483s021384 physician performing the examination may be a physician licensed by the state in which the candidate resides. 66.4 ANAHEIM shall pay for any physical examination required under the provisions of this ARTICLE. ARTICLE 67 SAFETY COMMITTEE 67.0 ANAHEIM and UNION agree that one -half 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 ap- pointment of the employees shall be the responsibility of the department head. ARTICLE 68 JOINT COMMITTEE ON MEDICAL PROGRAMS 68.0 The parties to this agreement, 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 - sponsored medical programs, review alternative approaches to providing medical care programs, and investigate cost contain- -105 - 0483s021384 ment systems, all for the purpose of achieving adequate low -cost medical care for the employees of ANAHEIM. 68.1 Invited to serve on the committee with Human Resources Department staff and operating Department management staff will be two members from each of the following employee organiza- tions: -- International Brotherhood of Electrical Workers -- ANAHEIM Municipal Employees Association -- ANAHEIM Police Association -- ANAHEIM Fire Fighters Association 68.2 This committee will meet as often as is necessary during the life of this agreement and will report to the Human Re- sources Director on a periodic basis its findings and recommen- dation for changes to ANAHEIM'S present medical programs. A report shall be prepared setting forth specific recommendations as to alternatives and cost containment provisions. The report shall be forwarded to the City Manager for review. 68.3 Because of the complexity of the problem and the diverse interests of the respective organizations, the parties recog- nize that it is incumbent upon all members of the committee to -106 - 0483s021384 work in a spirit of harmony and cooperation to achieve what should be beneficial to all concerned. ARTICLE 69 AGENCY SHOP 69.0 ANAHEIM agrees to implement an agency shop in accordance with Section 3502.5 of the Government Code effective May 1, 1984. The eligible funds exempt from taxation under Sec- tion 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 inter- pretation of this ARTICLE shall be settled in accordance with the Grievance Procedure. ARTICLE 70 NO STRIKE 70.0 The UNION agrees that under the terms of this Memorandum, the UNION and /or its members shall not conduct any strikes, f 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 interpre- tation of the terms or conditions of this Memorandum or any matter subject to review through the GRIEVANCE PROCEDURE. -107 - 04 83s02138 4 ARTICLE 71 CONSTRUCTION 71.0 Nothing in this agreement 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 City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this agreement. The provisions of this agreement are not intended to conflict with the provisions of Chapter 10, Divi- sion 4, Title 1 of the Government Code of the State of Cali- fornia (Sections 3500, et seq.) as amended in 1982. ARTICLE 72 SAVINGS CLAUSE 72.0 The resolution of ANAHEIM shall provide that if any provision of this Memorandum or the resolution is at any time, or in any way, held to be contrary to any law by any court of proper jurisdiction, the remainder of this Memorandum and the remainder of the resolution shall not be affected thereby, and shall remain in full force and effect. -108 - 0483s021484 ARTICLE 73 DURATION 73.0 The terms of this Memorandum are to remain in full force and effect until the 17th day of April, 1986. Upon adoption of a resolution approving this Memorandum and the terms hereof by the City Council of the City of Anaheim, this Memorandum shall be in full force and effect as of the 7th day of October, 1983. STAFF OFFICIALS CITY F ANAHEIM A MACIPAL COR W INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AFL -CIO - LOCAL UNION #47 of pv/ Dated 07 -109 - 0483s021484 WAGES OCTOBER 7, 1983 through OCTOBER 4, 1984 PUBLIC UTILITIES DEPT. CLASSIFICATION SCHEDULE NUMBER HOURLY RATE apprentice Electric Meter Technician pprentice Line Mechanic Apprentice Maintenance Pipefitter Apprentice Pump Repairer Apprentice Substation Electrician Area Distribution Operator Cable Splicer Customer Service Representative Electrical Helper Electric Meter Supervisor Electric Meter Technician Equipment Operator Heavy Equipment Operator Line Crew Supervisor Line Mechanic Maintenance Pipefitter Maintenance Pipefitter Working Supervisor Meter Reader Pump Repairer Pump Repairer Supervisor Senior Customer Service Representative Senior Service Center Assistant Senior Utilities Service Worker Senior Utilities Troubleshooter Service Center Assistant Service Crew Supervisor Substation Electrician Substation Electrician Supervisor Substation Test Technician Substation Test Technician Supervisor Transformer Repairer Underground Line Crew Supervisor Underground Service Crew Supervisor Utilities Dispatcher I Utilities Dispatcher II Utilities Service Worker Utilities Troubleshooter Utilities Yard Working Supervisor .Water Laborer ter Meter Repairer I ester Meter Repairer II Water Meter Working Supervisor Water Service Maintenance Pipefitter Water Service Working Supervisor S 1392 A -E S 1392 A -E 1092 C -E 1157 B -E S 1392 A -E S 1392 A -E 1638 D -E 962 A -E S 1147 J -E U 1802 E 1556 D -E SU 1259 A -E U 1349 A -E U 1884 E 1638 D -E 1285 C -E U 1542 E S 1139 J -E 1388 C -E U 1516 E 1039 A -E U 1283 D -E U 1281 A -E U 180"2 E U 1166 A -E U 1802 E 1638 D -E U 1884 E 1720 A -E U 1884 E U 1474 E U 1894 E U 1802 E U 1720 B -E U 1884 D -E U 1219 A -E U 1720 E U 1474 E S 1002 J -E S 1144 A -E SU 1195 A -E U 1375 A -E U 1317 E U 1414 E 11.45 - 13.92 11.45 - 13.92 9.90 - 10.92 9.99 - 11.57 11.45 - 13.92 11.45 - 13.92 15.60 - 16.38 7.91 - 9.62 8.99 - 11.47 7.85 18.02 14.82 - 15.56 10.36 - 12.59 11.10 - 13.49 18.84 15.60 - 16.38 11.66 - 12.85 15.42 8.92 - 11.39 12.59 - 13.88 15.16 8.55 - 10.39 12.22 - 12.83 10.54 - 12.81 1731.60 18.02 9.59 - 11.66 17.94 18.02 15.60 - 16.38 1371.07 18.84 14.15 - 17.20 -110 - 0769s020984 MONTHLY RATE 1984.67 18.84 1884.67 14.74 1716.00 18.84 1731.60 18.02 14.86 - 17.20 17.94 - 18.84 10.03 - 12.19 1371.07 17.20 1558.27 14.74 7.85 - 10.02 9.41 - 11.44 9.83 - 11.95 11.31 - 13.75 13.17 2704.00 14.14 -110 - 0769s020984 MONTHLY RATE 1984.67 - 2412.80 1884.67 - 2412.80 1716.00 - 1892.80 1731.60 - 2005.47 1984.67 - 2412.80 1984.67 - 2412.80 2704.00 - 2839.20 1371.07 - 1667.47 1558.27 - 1988.13 1360.67 3123.47 2568.80 - 2697.07 1795.73 - 2182.27 1924.00 - 2338.27 3265.60 2704.00 - 2839.20 2021.07 - 2227.33 2672.80 1546.13 - 1974.27 2182.27 - 2405.87 2627.73 1482.00 - 1800.93 2118.13 - 2223.87 1826.93 - 2220.40 3123.47 1662.27 - 2021.07 3109.60 - 3123.47 2704.00 - 2839.20 3265.60 2452.67 - 2981.33 3265.60 2554.93 3266.60 3123.47 2575.73 - 2981.33 3109.60 - 3265.60 1738.53 - 2112.93 2981.33 2554.93 1360.67 - 1736.80 1631.07 - 1982.93 1703.87 - 2071.33 1960.40 - 2383.33 2282.80 2450.93 APPENDIX "A' WAGES OCTOBER 7, 1983 through OCTOBER 4, 1984 MAINTENANCE DEPT. CLASSIFICATION SCHEDULE NUMBER HOURLY RATE MONTHLY RATE pprentice Facility Air Conditioning Repairer S 1134 A -E 9.33 - 11.34 1617.20 - 1965.60 Facility Air Conditioning Repairer 1375 A -E 11.31 - 13.75 1960.40 - 2383.33 Lead Facility Air Conditioning Repairer U 1512 B -E 13.05 - 15.12 2263.73 - 2620.80 Facility and Event Electrician 1491 D -E 14.20 - 14.91 2461.33 - 2584.40 Lead Facility and Event Electrician U 1639 E 16.39 2840.93 ANAHEIM agrees to pay two percent (2%) of P.E.R.S. contribution for all Public Utilities Department employees in a classification listed in Appendix "A" effective October 7, 1983. ANAHEIM also agrees to continue paying the seven percent (7%) P.E.R.S. contributions for all Maintenance Department employees working in a classification listed in Appendix "A" effective October 7, 1983. -111 - 0769s020984 APPENDIX "A" WAGES OCTOBER 5, 1984 through OCTOBER 3, 1985 PUBLIC DEPT UTILITIES CLASSIFICATIONS SCHEDULE NUMBER H OURLY RATE Apprentice Electric Meter Technician Apprentice Line Mechanic Apprentice Maintenance Pipefitter 'oprentice Pump Repairer ,?prentice Substation Electrician Area Distribution Operator Cable Splicer Customer Service Representative Electrical Helper Electric Meter Supervisor Electric Meter Technician Equipment Operator Heavy Equipment Operator Line Crew Supervisor Line Mechanic Maintenance Pipefitter Maintenance Pipefitter Working Supervisor Meter Reader Pump Repairer Pump Repairer Supervisor Senior Customer Service Representative Senior Service Center Assistant Senior Utilities Service Worker Senior Utilities Troubleshooter Service Center Assistant Service Crew Supervisor Substation Electrician Substation Electrician Supervisor Substation Test Technician Substation Test Technician Supervisor Transformer Repairer Underground Line Crew Supervisor Underground Service Crew Supervisor Utilities Dispatcher I Utilities Dispatcher II Utilities Service Worker Utilities Troubleshooter Utilities Yard Working Supervisor Water Laborer Water Meter Repairer I Water Meter Repairer II Water Meter Working Supervisor ter Service Maintenance Pipefitter ter Service Working Supervisor S 1462 A -E S 1462 A -E 1147 C -E 1214 B -E S 1462 A -E S 1462 A -E 1720 D -E 1010 A -E S 1204 R -E U 1892 E 1634 D -E SU 1322 A -E U 1416 A -E U 1978 E 1720 D -E 1349 C -E U 1619 E S 1196 R -E 1457 C -E U 159'2 E 1091 A -E U 1346 D -E U 1346 A -E U 1892 E U 1246 A -E U 1892 E 1720 D -E U 1978 E 1806 A -E U 1978 E U 1548 E U 1978 E U 1892 E U 1806 B -E U 1978 D -E U 1280 A -E U 1806 E U 1548 E S 1052 J -E S 1201 A -E SU 1255 A -E U 1443 A -E U 1383 E U 1484 E 12.03 - 14.62 12.03 - 14.62 10.40 - 11.47 10.49 - 12.14 12.03 - 14.62 12.03 - 14.62 16.38 - 17.20 8.31 - 10.10 8.98 - 12.04 8.24 18.92 15.56 - 16.34 10.88 - 13.22 11.65 - 14.16 19.78 16.38 - 17.20 12.24 - 13.49 16.19 8.92 - 11.96 13.22 - 14.57 15.92 8.98 - 10.91 12.82 - 13.46 11.07 - 13.46 1818.27 18.92 10.07 - 12.24 18.84 18.92 16.38 - 17.20 1440.40 19.78 14.86 - 18.06 MONTHLY RATE 2085.20 19.78 2085.20 15.48 1802.67 19.78 1818.27 18.92 15.60 - 18.06 18.84 - 19.78 10.53 - 12.80 1440.40 18.06 1556.53 - 15.48 8.24 - 10.52 9.88 - 12.01 10.32 - 12.55 11.87 - 14.43 13.83 2839.20 - 14.84 MONTHLY RATE 2085.20 - 2534.13 2085.20 - 2534.13 1802.67 - 1988.13 1818.27 - 2104.27 2085.20 - 2534.13 2085.20 - 2534.13 2839.20 - 2981.33 1440.40 - 1750.67 1556.53 - 2086.93 1428.27 3279.47 2697.07 - 2832.27 1885.87 - 2291.47 2019.33 - 2454.40 3428.53 2839.20 - 2981.33 2121.60 - 2338.27 2806.27 1546.13 - 2073.07 2291.47 - 2525.47 2759.47 1556.53 - 1891.07 2222.13 - 2333.07 1918.80 - 2333.07 3279.47 1745.47 - 2121.60 3365.60 3279.47 2839.20 - 2981.33 3428.53 2575.73 - 3131.40 0769s020984 -112 - 3428.53 2683.20 3428.53 3279.47 2704.00 - 3130.40 3365.60 - 3428.53 1825.20 - 2218.67 3130.40 2683.20 1428.27 - 1823.47 1712.53 - 2081.73 1788.80 - 2175.33 2057.47 - 2510.20 2397.20 2572.27 0769s020984 -112 - APPENDIX "A" WAGES OCTOBER 5, 1984 through OCTOBER 3, 1985 PUBLIC UTILITIES CLASSIFICATION SCHEDULE NUMBER HOURLY RATE MONTHLY RATE pprentice Facility Air Conditioning Repairer S 1196 A -E 9.84 - 11.96 1705.60 - 2073.07 Facility Air Conditioning Repairer 1451 A -E 11.94 - 14.51 2069.60 - 2515.07 Facility and Event Electrician 1573 D -E 14.98 - 15.73 2596.53 - 2726.53 Lead Facility Air Conditioning Repairer U 1595 B -E 13.78 - 15.95 2338.53 - 2764.67 Lead Facility and Event Electrician U 1729 E 17.29 2996.93 ANAHEIM agrees to pay four percent (4 %) of P.E.R.S. contribution for all Public Utilities Department employees in a classification listed in Appendix "A' effective October 5, 1984. ANAHEIM also agrees to continue paying the seven percent (7 %) P.E.R.S. contributions for all Maintenance Department employees working in a classification listed in Appendix " A " effective October 5, 1984. -113- 0769s020984 APPENDIX "A" WAGES OCTOBER 4, 1985 through APRIL 17, 1986 PUBLIC UTILITIES DEPT CLASSIFICATIONS SCHEDULE NUMBER HOURLY RATE Apprentice Electric Meter Technician Apprentice Line Mechanic Apprentice Maintenance Pipefitter iprentice Pump Repairer dprentice Substation Electrician Area Distribution Operator Cable Splicer Customer Service Representative Electrical Helper Electric Meter Supervisor Electric Meter Technician Equipment Operator Heavy Equipment Operator Line Crew Supervisor Line Mechanic Maintenance Pipefitter Maintenance Pipefitter Working Supervisor Meter Reader Pump Repairer Pump Repairer Supervisor Senior Customer Service Representative Senior Service Center Assistant Senior Utilities Service Worker Senior Utilities Troubleshooter Service Center Assistant Service Crew Supervisor Substation Electrician Substation Electrician Supervisor Substation Test Technician Substation Test Technician Supervisor Transformer Repairer Underground Line Crew Supervisor Underground Service Crew Supervisor Utilities Dispatcher I Utilities Dispatcher II Utilities Service Worker Utilities Troubleshooter Utilities Yard Working Supervisor Water Laborer Water Meter Repairer I Water Meter Repairer II Water Meter Working Supervisor 'ter Service Maintenance Pipefitter .ter Service Working Supervisor S 1521 A -E S 1521 A -E 1193 C -E 1263 B -E S 1521 A -E S 1521 A -E 1789 D -E 1050 A -E S 1252 R -E U 1968 E 1700 D -E SU 1375 A -E U 1473 A -E U 2057 E 1789 D -E 1403 C -E U 1684 E S 1244 R -E 1515 C -E U 1656 E 1134 A -E U 1400 D -E U 1400 A -E U 1968 E U 1273 A -E U 1968 E 1789 D -E U 2057 E 1878 A -E U 2057 E U 1610 E U 2057 E U 1968 E U 1878 B -E U 2057 D -E U 1331 A -E U 1878 E U 1610 E S 1094 J -E S 1249 A -E SU 1305 A -E U 1501 A -E U 1438 E U 1543 E 12.51 - 15.21 12.51 - 15.21 10.82 - 11.93 10.91 - 12.63 12.51 - 15.21 12.51 - 15.21 17.04 - 17.89 8.64 - 10.50 9.34 - 12.52 8.57 19.68 16.91 - 17.00 11.31 - 13.75 12.12 - 14.73 20.57 17.04 - 17.89 12.73 - 14.03 16.84 9.29 - 12.44 13.74 - 15.15 16.56 9.33 - 11.34 13.33 - 14.00 11.52 - 14.00 1891.07 - 19.68 10.47 - 12.73 19.59 - 19.68 17.04 - 17.89 1497.60 - 20.57 15.45 - 18.78 MONTHLY RATE 2168.40 - 20.57 2168.40 - 16.10 1875.47 - 20.57 1891.07 - 19.68 16.22 - 18.78 19.59 - 20.57 10.95 - 13.31 1497.60 - 18.78 1618.93 - 16.10 8.57 - 10.94 10.28 - 12.49 10.74 - 13.05 12.35 - 15.01 14.38 2953.60 - 15.43 MONTHLY RATE 2168.40 - 2636.40 2168.40 - 2636.40 1875.47 - 2067.87 1891.07 - 2189.20 2168.40 - 2636.40 2168.40 - 2636.40 2953.60 - 3100.93 1497.60 - 1820.00 1618.93 - 2170.13 1485.47 3411.20 2806.27 - 2946.67 1960.40 - 2383.33 2100.80 - 2553.20 3565.47 2953.60 - 3100.93 2206.53 - 2431.87 2918.93 1610.27 - 2156.27 2381.60 - 2626.00 2870.40 1617.20 - 1965.60 2310.53 - 2426.67 1996.80 - 2426.67 3411.20 1814.80 - 2206.53 3395.60 - 3411.20 2953.60 - 3100.93 3565.47 2678.00 - 3255.20 -114 - 0769s020984 3565.47 2790.67 3565.47 3411.20 2811.47 - 3255.20 3395.60 - 3565.47 1898.00 - 2307.07 3255.20 2790.67 1485.47 - 1896.27 1781.87 - 2164.93 1861.60 - 2262.00 2140.67 - 2601.73 2492.53 2674.53 -114 - 0769s020984 APPENDIX " A " WAGES OCTOBER 4, 1985 through OCTOBER 17, 1986 MAINTENANCE DEPT. CLASSIFICATIONS SCHEDULE NUMBER HOURLY RATE MONTHLY RATE ,pprentice Facility Air Conditioning Repairer S 1244 A -E 10.23 - 12.44 1773.20 - 2156.27 Facility Air Conditioning Repairer 1509 A -E 12.41 - 15.09 2251.07 - 2615.60 Facility and Event Electrician 1636 D -E 15.58 - 16.36 2700.53 - 2835.73 Lead Facility Air Conditioning Repairer U 1659 B -E 14.33 - 16.59 2483.87 - 2875.60 Lead Facility and Event Electrician U 1798 E 17.98 3116.53 ANAHEIM agrees to pay five percent (S%) of P.E.R.S. contribution for all Public Utilities Department employees in a classification listed in Appendix "A' effective October 4, 1985. ANAHEIM also agrees to continue paying the seven percent (7%) P.E.R.S. contributions for all Maintenance Department employees working in a classification listed in Appendix "A" effective October 4, 1985. -115 - 0769s020984