HomeMy WebLinkAboutWater Utilities/Mechanics Unit - Operating Engineers 2018-2021 2018 - 2021
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF UKIAH
AND THE
OPERATING ENGINEERS LOCAL N0.3
WATER UTILITIES/MECHANICS UNIT
Table of Contents
1. PREAMBLE/RECOGNITION....................................................................................................................................4
2. TERM.....................................................................................................................................................................4
3. SALARY..................................................................................................................................................................4
4. COST SHARING AGREEMENT.................................................................................................................................4
5. GRIEVANCE PROCEDURE ...................................................................................................................................... 8
6. MANAGEMENT RIGHTS....................................................................................................................................... 11
7. RETIREMENT....................................................................................................................................................... 13
8. HEALTH &WELFARE CONTRIBUTIONS/ FLEX PLAN........................................................................................... 14
9. OVERTIME........................................................................................................................................................... 15
10. PAID LEAVE ........................................................................................................................................................ 15
A. Employee Sick Leave....................................................................................................................................... 15
B. Family Sick Leave............................................................................................................................................ 16
C. Holidays .......................................................................................................................................................... 16
D. Vacation Leave ............................................................................................................................................... 17
E. Vacation Cash Out........................................................................................................................................... 17
F. Bereavement Leave ........................................................................................................................................ 17
G. Personal Leave................................................................................................................................................ 17
H. Workers Compensation.................................................................................................................................. 18
11. UNPAID LEAVE OF ABSENCE............................................................................................................................. 18
A. Family and Medical Leave (FMLA).................................................................................................................. 18
12. SPECIAL PAYS..................................................................................................................................................... 19
A. Bilingual Pay.................................................................................................................................................... 19
B. Specialty Pay................................................................................................................................................... 19
13. MISCELLANEOUS PROVISIONS.......................................................................................................................... 20
A. Inclement Weather Gear................................................................................................................................ 20
B. Boot Allowance............................................................................................................................................... 20
C. Replacement of Job Required Equipment...................................................................................................... 20
D. Compensatory Time Off(CTO) .......................................................................................................................20
E. Store Stop Policy.............................................................................................................................................21
F. Emergency Meals............................................................................................................................................21
G. Section 125 Plan.............................................................................................................................................21
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H. Longevity........................................................................................................................................................ 21
I. Longevity Performance Program..................................................................................................................... 21
J. Career Step Program ....................................................................................................................................... 22
K. Career Development Program........................................................................................................................ 23
L.Jury Duty.......................................................................................................................................................... 24
M. Residency/ Response Time............................................................................................................................ 24
N. Rest Period Agreement................................................................................................................................... 25
O. Probationary Period....................................................................................................................................... 26
P. Reclassification of Unit Positions..................................................................................................................... 26
Q. Disciplinary Action/Written Reprimands........................................................................................................ 26
R. Out of Classification Pay.................................................................................................................................. 27
S. Call Back........................................................................................................................................................... 27
T. Standby Pay..................................................................................................................................................... 27
U. Dues Deduction.............................................................................................................................................. 27
V. No Strike/Job Action Provision........................................................................................................................27
W. Re-Opener..................................................................................................................................................... 28
X. Continuation.................................................................................................................................................... 28
APPENDIX „A"..........................................................................................................................................................30
APPENDIX„B" .......................................................................................................................................................... 31
Operating Engineers Water Utilities/Mechanics Page 3
1. PREAMBLE/RECOGNITION
This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act
(California Government Code Section 3500, et. Seq.) and applicable ordinances and
resolutions of the City of Ukiah between the City of Ukiah (hereinafter "City") and the Water
Utilities/Mechanics Unit (hereinafter "Unit"). As a result of meet and confer sessions, the City
and Unit have agreed to the following understandings.
Should a subject be covered in both the MOU and a City policy or regulation the Memorandum
of Understanding shall prevail and all relevant portions of the subject in the City policy shall not
be followed and shall not be applicable for any reason.
The City recognizes the Operating Engineers, Local Union No. 3, as the exclusive
representative for the purpose of establishing wages, hours, and other terms and conditions of
employment for full-time employees in the classified service in the classifications of positions
set forth in Appendix "A", attached hereto and made a part hereof.
2. TERM
The term of this Agreement shall be three (3) years, effective September 19, 2018, through
September 18, 2021.
3. SALARY
YEAR 1: 4% increase to base salary effective the first full pay period following September 19,
2018.
YEAR 2: 3% increase to base salary effective the first full pay period following September 19,
2019.
YEAR 3: 3% increase to base salary effective the first full pay period following September 19,
2020, unless the local economic benchmark — consisting of total revenue collected for property
tax, sales tax and transient occupancy tax —falls below the combined total for the past audited
Fiscal Year of 2018/19. Should the audited revenues fall below the benchmark, the increase
will revert to the CPI calculation of the average of U.S. City and SF-Oakland-San Jose figures
for April, to a maximum of 3%. In no case shall this result in a decrease in compensation.
4. COST SHARING AGREEMENT
For FY 2013-14 and FY2014-15, the Unit agreed to concessions and the City agreed to restore
and refund an amount equivalent to a portion of revenue if actual revenues exceed adopted
budgeted revenues in the General Fund according to the formula listed in the sections below.
Given that the formula is based on fiscal year audited revenues, the provisions of this section
shall remain in full effect beyond the two year term of this agreement until the audit is
completed and available for the purposes of implementing this section of the MOU. The total
salary concession for this Unit on an annual basis is $230,140.
Operating Engineers Water Utilities/Mechanics Page 4
This provision provides for the restoration and refund of the concession amount should the
total audited revenues of each fiscal year corresponding to the term of this agreement exceed
the adopted budgeted revenues of the General Fund for Fiscal year 2013-14 by $100,000 or
more.
• The City shall restore an amount equivalent to a percentage calculated by taking the
difference in audited revenue for each corresponding year of this MOU and the base
year revenue adopted in the FY 2013-14 General Fund Budget and dividing the
absolute value by the adopted General Fund FY 2013-14 identified deficit. This shall
occur the first full pay period following the City Council's receipt of the audit.
EXAMPLE:
(Audited GF Revenue' - Base Year Adopted FY 13-14 GF Revenue2) - of Concession Returned"
Adopted FY 2013-14 GF Deficit3
' Audited GF Revenue for the corresponding agreement year
2 Base Year GF Revenue as identified in the adopted FY 13-14 Budget($14,375,555), Page ES-6
3 GF Deficit as adopted in FY 13-14 Budget($978,894)
• The concession restoration amount will be applied as agreed to between the City and
the Unit, subject to meet and confer, at the time the restoration is calculated.
• Furthermore, the City shall refund in a lump sum payment to each Unit member the
concession amount in part retained by the City over each corresponding fiscal year of
the term of this MOU if audited revenues exceed the base year revenue. The lump sum
payment shall be equal to the calculated percentage from the formula above multiplied
by the base salary received during the same term.
• In accordance with CalPERS law, this payment will not be reported as "pay rate" or
"special compensation" and will not be reported to CaIPERS for the purposes of pension
calculations.
This language reflects the current 2013-14 Fiscal year City of Ukiah budget methodology. If
the City changes the way revenue is accounted, the Unit will be notified in writing and the City
shall meet and confer with the Unit to develop equivalent methodology for determining General
Fund revenue.
Audited revenue is subject to review by the Unit and City staff. Any discrepancies will be
identified by the Unit and shall be submitted to the City. Discrepancies identified by the Unit
will be reviewed by the City and shall by applied for the purposes of this provision as agreed to
by the City and Unit.
The audited revenues are typically found on "Schedule 1- General Fund Schedule of
Revenues, Expenditures and Changes in Fund Balances — Budget and Actual for the Year
Ended June 30, " in the Audited Financial Statements.
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Year 1 —Example 1 (9/12 of a year, based on the 9/18/2013 MOU adoption date)
$14,456,000 - $14,376,000'' = $80,000 = 0% Concession Restored
$978,894
Rounded for purpose of illustration
Year 1 —Example 2
$14,876,000 - $14,376,000 = $500,000 = .5108 or 51.08% of concession
$978,894 Restored ($88,167)
Year 2—Example 1
$14,436,000 - $14,376,000 = $60,000 = 0% Concession Restored
$978,894
Year 2—Example 2
$15,076,000 - $14,376,000 = $700,000 = .7151 or 71.51% ($164,573)of Concession
$978,894 Restored, which includes the 51.08% in the
Year 1 Example
Operating Engineers Water Utilities/Mechanics Page 6
0
a
M
CITY OF UKIAH
CD
m SUMMARY BY ACTIVITY OR FUNCTION
Ccn FISCAL YEAR 2013-2014 BUDGET
v
CD
7/1/20013 NET NET 6/30/2014
FUND FUND FUND REVENUE EXPENSE INCOME TRANSFERS FUND
C # NAME BALANCE (LOSS) IN(OUT) BALANCE
G General Fund 500,000 14,375,555 15,354,449
Ic Reserve 4,566,739 -0- 19,000 (978,894) 978,894 500,000
GR Strategic (978,894) 3,568,844
R Other Grant&Restricted Use Funds 1,244,015 3,307,177 5,166,640 (1,859,463) - (615,448)
(p E,W,S Utilities 28,294,826 27,123,887 34,128,665 (7,004,778) 2,193,186 23,483,234
LF,A, P,M, B, L,CC Other Business Activities -0- 2,578,307 4,457,880 (1,879,573) -0- (1,879,573)
00 1 Internal Service Funds 957,894 2,979,553 3,476,794 (497,241) (37,000) 423,653
C ICapital Project Funds 1 3,492,473 1 172,172 1 881,697 (709,525)1 7,0001 2,789,948
cnn JjTotal City Funds 39,055,947 50,536,651 63,485,125 (12,948,474) 2,163,186 28,270,659
UTILITY AND OTHER BUSINESS ACTIVITIES DETAIL
Iy E Electric Utility 14,832,369 15,422,680 19,328,640 (3,905,960) 10,926,409
I W Water Utility 2,292,835 5,974,163 4,247,439 1,726,724 (250,000) 3,769,559
S Sewer Utility 11,387,962 5,727,044 10,552,586 (4,825,542) 2,443,186 9,005,606
LF Solid Waste Disposal (251,779) 100,025 1,352,370 (1,252,345) (1,504,124)
A Airport 288,764 1,627,335 1,756,355
(129,020) 159,744
P Parking 162,740 107,741 179,126
(71,385) 91,355
M Museum 201,638 93,282 345,281 (251,999) (50,361)
B Golf (1,015,519) 182,307 182,307 (1,015,519)
i L Street Lighting 408,228 176,095 328,989 (152,894) 255,334
CC Conference Center (12,411) 291,522 313,452 (21,930) (34,341)
Total Utility And Other Business Activities Detail 28,294,826 29,702,194 38,586,545 (8,884,351) 2,193,186 21,603,661
Refer to the"Combining Fund Schedule"for a listing of the funds in each category
ES-6
(Q
CD
v
Schedule I
CITY OF UKIAH
GENERALFUND
SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30,2012
Variance With
Final Budget-
Budgeted Amounts Positive
Original Final General (Negative)
REVENUES
Taxes:
Property $ 745,056 $ 1,245,056 $ 1,213,479 $ (31,577)
Sales and use 6,333,756 6,333,756 6,465,410 131,654
Property transfer 33,700 33,700 24,770 (8,930)
Transient occupancy 691,108 691,108 775,547 84,439
Business license 315,291 315,291 325,674 10,383
Franchise 535,400 547,400 567,486 20,086
Licenses and permits 131,800 131,800 434,492 302,692
Fines,forfeitures,and penalties 52,662 52,662 46,960 (5,702)
From other agencies 1,374,988 1,374,988 1,350,289 (24,699)
Use of money and property 829,571 829,571 856,146 26,575
Charges for current services 892,204 892,204 1,146,590 254,386
Other 1,000 1,000 4,498 3,498
Total Revenues 11,936,536 12,448,536 13,211,341 762,805
EXPENDITURES
Current:
General government 1,728,729 2,231,319 1,817,593 413,726
Public safety 8,183,289 8,511,076 8,660,148 (149,072)
Streets and roads 927,891 942,321 1,087,896 (145,575)
Parks and recreation 1,840,654 1,845,654 1,970,035 (124,381)
Community development 98,255 225,755 67,839 157,916
Debt service 5,546 5,546 38 5,508
Capital outlay 149,329 173,641 46,593 127,048
Total Expenditures 12,933,693 13,935,312 13,650,142 285,170
Excess(Deficiency)of Revenues Over Expenditures (997,157) (1,486,776) (438,801) 1,047,975
OTHER FINANCING SOURCES(USES)
Transfers in 1,022,219 1,022,219 1,065,910 43,691
Total Other Financing Sources(Uses) 1,022,219 1,022,219 1,065,910 43,691
Net Change In Fund Balances 25,062 (464,557) 627,109 1,091,666
Fund Balances,July 1, 6,237,800 6,237,800 6,237,800 -
Fund Balances,June 30, $ 6,262,862 $ 6,773,243 $ 6,864,809 $ 1,081,666
50
Operating Engineers Water Utilities/Mechanics Page 8
5. GRIEVANCE PROCEDURE
There are both formal and informal levels for filing a grievance.
A. Definitions:
1. Grievance: A "grievance" is a formal written allegation by a grievant that
he/she has been adversely affected by a violation of the specific provisions of
this Agreement. Actions to challenge or change the provisions of this Agreement
or the policies of the City as set forth in City policies are undertaken through
separate legal processes. Matters for which a specific method of review is
provided by law, by the rules and regulations of the City Council or by the
administrative regulations and procedures of the City are not within the scope of
this procedure.
2. Grievant: A "grievant" is an employee of the City covered by the terms of this
Agreement.
3. Pay: A "day" is any day in which City Hall of the City is open for business.
4. Immediate Supervisor: The "immediate supervisor" is the lowest level
supervisor having immediate jurisdiction over the grievant who has been
designated to adjust grievances.
5. Conferee: A "conferee" is a person who is not a party to a grievance, who is
asked by either party to serve as that party's advisor or representative.
B. Informal Level:
Before filing a formal written grievance, the grievant shall attempt to resolve it by an
informal conference with his/her immediate supervisor.
C. Formal Level:
1. Level I:
Within fifteen (15) days after the occurrence of the act or omission giving rise to
the grievance, the grievant must present the grievance in writing on the
appropriate form to his/her immediate supervisor. No grievance shall be
entertained or processed unless it is submitted at level I within the fifteen (15)
day time limit. If a grievance is not presented within the time limit set forth above
it shall be considered waived.
This statement shall be a clear, concise statement of the grievance, the specific
provision of the agreement alleged to have been violated, the circumstances
involved, the decision rendered at the informal conference and the specific
remedy sought.
Within the specified time limits, the grievant or the immediate supervisor may
request a personal conference.
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The immediate supervisor shall communicate his/her decisions to the employee
in writing within ten (10) days after receiving the grievance. If the immediate
supervisor does not respond within the time limits, the grievant may appeal to the
next level.
2. Level Il:
In the event the grievant is not satisfied with the decision at Level I, he/she must
appeal the decision on the appropriate form to the Department Head within ten
(10) days.
This statement shall include a copy of the original grievance, the decision
rendered, and a clear, concise statement of the reasons for the appeal.
The Department Head shall communicate his/her decision within ten (10) days
after receiving the appeal. Either the grievant or the Department Head may
request a personal conference within the above time limits. If the Department
Head does not respond within the time limits, the grievant may appeal to the next
level.
3. Level III:
In the event the grievant is not satisfied with the decision at Level II, he/she must
appeal the decision on the appropriate form to the Personnel Officer within ten
(10) days.
This statement shall include a copy of the original grievance and appeal, the
decisions rendered, and a clear, concise statement of the reasons for the appeal.
The Personnel Officer shall communicate a decision to the Grievant within ten
(10) days. Either the grievant or the Personnel Officer may request a personal
conference within the above time limits. If the Personnel Officer does not
respond within the time limits, the grievant may appeal to the next level.
4. Level IV:
In the event the grievant is not satisfied with the decision at Level III, he/she must
appeal the decision in writing within ten (10) days to the City Manager. The City
Manager alone has the power to render a final and binding determination of a
grievance, subject to right of established judicial review.
a. Any party to a grievance may, at any step in the formal level, request
one other person to serve as a conferee and to be present during the
proceeding.
b. A decision rendered at any step in these procedures becomes final
unless appealed within the time limits specified.
c. Time limits given in these procedures may be modified by written
agreement of the parties involved.
Operating Engineers Water Utilities/Mechanics Page 10
d. If the same complaint or substantially the same complaint is made by
more than one employee against one party, only one employee on behalf
of himself/herself and the other complainants, may process the grievance
or complaint through the grievance procedure. Names of all aggrieved
parties shall appear on all documents related to the processing of the
grievance. This provision may be waived by all parties concerned.
e. Any unit member may present grievances in accordance with this
Article without intervention of the unit, so long as the adjustment is not
inconsistent with the terms of this agreement.
f. All documents resulting from the processing of a grievance shall be kept
in a separate grievance file and will not be kept in an employee's
personnel file.
6. MANAGEMENT RIGHTS
A. Management Rights
In order to ensure that the City shall continue to carry out its public service functions,
programs and responsibilities to the public imposed by law, and to maintain efficient
public service for the citizens of Ukiah, the City continues to reserve and retain solely
and exclusively all management rights, regardless of whether they have been exercised
in the past, including those rights and responsibilities set forth by law and those City
rights set forth in the City's Civil Service Ordinance. No portion of this City Management
Rights Section shall be construed to obligate the City in any way. In the exercising of its
rights, the City shall not require an employee to perform an act or acts contrary to
licensing law. The rights, powers and authorities of the City include but are not limited
to the following:
1. To manage the departments and determine mission, policies and procedures
and the right to manage the affairs of the departments.
2. To take into consideration the existence or non-existence of facts which are
the basis of the management decision in compliance with State law.
3. To determine the necessity, organization, implementation and termination of
any service or activity conducted by the City and to expand or diminish City
services.
4. To direct, supervise, recruit, select, hire, evaluate, promote, transfer, reassign,
discipline, discharge, terminate, demote, reduce, suspend, layoff, reprimand,
withhold salary increases and benefits for disciplinary or non-disciplinary reasons
or otherwise take action in accordance with department, City Personnel Policies
and /or Civil Service Rules and Regulations.
5. To determine the nature, manner, means, extent, type, time, quantity, quality,
standard and level of City services to be provided to the public.
Operating Engineers Water Utilities/Mechanics Page 11
6. To require performance of other public services not specifically stated herein
in the event of emergency or disaster, as deemed necessary by the City.
7. To lay off employees of the represented departments because of lack of work
or funds or under conditions where continued work would be inefficient of
ineffective.
8. To determine and/or change the facilities, methods, technology, equipment,
operations to be performed, organizational structure, and allocate and assign
work by which City operations are to be conducted.
9. To determine method of financing.
10. To plan, determine and manage department budgets, which includes, but is
not limited to, the right to contract or subcontract any work or operations of the
represented departments.
11. To communicate fully and openly with its employees on any subject at any
time orally, in writing, both at work or through the U.S. Mail.
12. To determine the size and composition of the City work force, assign work to
employees of the City in accordance with requirements determined by the
departments and to establish and require compliance to work hours and work
schedules, including call back, standby, overtime and assignments.
13. To establish and modify goals and objectives related to productivity and
performance programs and standards, including but not limited to quality and
quantity, and require compliance therewith.
14. To determine qualification, skills, abilities, knowledge, selection procedures
and standards, job classifications, job specifications, and to reallocate and
reclassify employees in accordance with Civil Service Rules and Regulations and
City Personnel Policies.
15. To determine the issue of public policy and the overall goals and objectives
of the represented departments and to take necessary action to achieve the
goals and objectives of the represented departments.
16. To determine policies, procedures and standards for recruiting, selecting,
training, transferring, assigning, dismissing, demoting and promoting employees
in accordance with City Personnel Policy.
17. To establish, implement and/or modify rules and regulations, policies, and
procedures related to productivity, performance, efficiency, personal appearance
standards, code of ethics and conduct, safety and order, and to require
compliance therewith.
18. To evaluate and maintain order and efficiency in City facilities and operation.
Operating Engineers Water Utilities/Mechanics Page 12
19. To restrict the activity of an employee organization on City facilities and on
City time.
20. To take any and all necessary steps and actions to carry out the service
requirements and mission of the City in emergencies or any other time deemed
necessary by the City and not specified above.
21. To make reasonable rules and regulations pertaining to employees
consistent with this Agreement.
B. Impact of Management Rights
Where required by law the City agrees prior to implementation to meet and confer or
consult with the Union over the impact of the exercise of a management right upon the
wages, hours, and terms and conditions of employment on unit members unless the
impact consequences of the exercise of a management right upon unit members is
provided for in this Memorandum of Understanding, Civil Service Rules and
Regulations, or Departmental Rules and Regulations.
C. Authority of Third Party Neutral — Management Rights
All management rights, powers, authority, and functions, whether heretofore or
hereinafter exercised, shall remain vested exclusively with the City. No third party
neutral shall have the authority to diminish any of the management rights which are
included in this Agreement, exclusive of a competent court having subject matter
jurisdiction.
7. RETIREMENT
A. Pension Reform Act of 2013 (PEPRA)
The Public Employee's Pension Reform Act of 2013 (PEPRA) and related Public
Employees' Retirement law (PERL) amendments in Assembly Bill (AB) 340 became law
on September 12, 2012, and the provisions were effective January 1 , 2013.
The Water Utilities/Mechanics Unit and the City agree to implement all PEPRA
provisions and all applicable amendments thereto. Effective January 1, 2013
Miscellaneous Unit employees defined by PEPRA as "new members" shall pay 50% of
the total normal cost for the new Miscellaneous pension formula 2%@62, which is
currently 6.75% of reportable compensation, with a three-year final compensation
period. "Classic members" (employees hired prior to January 1, 2013) will retain the
2.7%@55 Miscellaneous PERS formula, 8% member contribution, with a one-year final
compensation period.
The PEPRA defines a "new member" as: a) A new hire who is brought into CalPERS
membership for the first time on or after January 1, 2013, and who has no prior
membership in any California public retirement system; b) A new hire who is brought
into CalPERS membership for the first time on or after January 1 , 2013, and who is not
eligible for reciprocity with another California public retirement system; c) A member
Operating Engineers Water Utilities/Mechanics Page 13
who first established CalPERS membership prior to January 1, 2013, and who is rehired
by a different CalPERS employer after a break in service greater than six months.
B. PERS Employee Member Contribution
Employees in this Unit pay the full required PERS employee member contribution of
8%. Employer paid member contributions (EPMC) is in place with the City reporting the
value of EPMC to CalPERS as additional compensation.
8. HEALTH & WELFARE CONTRIBUTIONS / FLEX PLAN
A. Health & Welfare Premiums
Effective upon the ratification of this Agreement, for all incumbent employees electing to
do so, the City will contribute 85% of the REMIF EPO 500, PPO 500, and HSA medical
plans, including Dental and Vision plans. For employees electing the REMIF EPO 250
plan, the City will contribute equivalent to the 85% portion for the EPO 500 plan.
After July 1, 2018, Unit members not currently enrolled in the City's health may enroll in
the City health plans during the first or any Open Enrollment period, or qualifying event,
during the term of this contract. Once enrolled in the City's health plan, the Unit
member will no longer be eligible for the flex plan.
Upon ratification of this agreement, all new hires will only be eligible for the 85%
contribution plan as described above, based on actual enrollments, and will not be
eligible for the flex plan.
For incumbent employees electing to do so, the City will continue to pay up to $1,283.82
per month for each Unit members health insurance premiums based upon actual
enrollments. For incumbent employees electing to remain on this plan with "employee
only" coverage, the City will continue to pay the employee only premiums plus
$200.00/month, not to exceed the $1,283.82 maximum.
Those employees who choose not to participate in the City's health plans must show
proof of health insurance on another plan. An employee who is covered under a non-
City health plan cannot enter the REMIF plan until the annual open enrollment period, or
upon a qualifying event.
B. Retiree Medical Insurance Requirements
The minimum years of City service required to continue participation in the City's
medical, dental and/or vision insurance plans upon retirement will be increased from 7
years to 10 years, effective 7-1-2014, in order to comply with REMIF retirement
insurance eligibility requirements, standardized for all REMIF cities.
A represented employee retiring with ten or more years of city of Ukiah service after
July 1, 1984, shall have the opportunity to purchase REMIF or Operating Engineers
insurance coverage if offered by the carrier and subject to the carrier's requirements.
The City must receive the monthly premium amount from the retiree prior to the carrier's
Operating Engineers Water Utilities/Mechanics Page 14
billing due date. The City is not responsible for notifying the retiree when a payment is
due. In the event the retiree does not make the monthly payment on time, the City shall
drop the retiree from the insurance program. Once a retiree has discontinued coverage,
she/he shall no longer be eligible to continue coverage at a later date. By participating,
retirees agree to indemnify and hold the City harmless against all claims arising as a
result of purchased coverage or the discontinuance thereof.
C. Health Benefit Advisory Committee
Should the City Manager, during the term of this agreement, convene the Health Benefit
Advisory Committee, this Unit shall send two members and Union staff to participate
provided 1) this process does not fulfill the requirement to bargain; 2) the committee
may make either consensus recommendations, alternative minority recommendations,
or no recommendations; 3) all bargaining units are invited to participate.
9. OVERTIME
A. Non-Exempt Employee
1. For non-exempt employees working an eight hour shift, overtime is defined as
actually working more than 40 hours in your designated seven (7) day work
week.
B. Calculation
1. Overtime will be charged in increments of one-half hour. Any time worked
from 1 to 30 minutes shall be computed as one-half hour of overtime.
10. PAID LEAVE
A. Employee Sick Leave
Sick leave benefits are to be used for medical and dental appointments and absences
due to mental or physical illness, or personal injury only. These benefits are no to be
used for any other purpose. Every regular, full time employee will accrue one sick day
for each month of service. Part-time employees working year round and at least 20
hours per week are eligible for pro-rated sick leave hours based upon the number of
hours worked. These benefits are non-accruing.
Sick leave usage is computed in one-half hour increments. One half-hour increments
shall be computed by rounding to zero for less than 15 minutes and rounding to 30
minutes for 15 minutes or more. During or after an absence due to illness, you may be
required to furnish a doctor's written statement indicating the nature of your illness and
your expected recovery time. If you have been ill for longer than five (5) consecutive
days or suffered an acute injury, you may be asked to obtain a doctor's release before
returning to work.
Operating Engineers Water Utilities/Mechanics Page 15
When all sick leave benefits have been used, you may use your accrued vacation
benefits. If you have used both the sick and vacation accrual, you may submit a
request to the City Manager for up to a thirty day unpaid leave of absence in special
consideration for extended serious illness or injury. (Also refer to Section 4.06.5, Family
and Medical Leave Act, which may also apply.) Sick leave benefits will not be
accumulated during unpaid leaves of absence.
There is no maximum on the accumulation of unused sick leave. Upon retirement from
City service, your unused sick leave will be converted to additional service credits at the
rate of .004 years of service credit for each day of unused sick leave.
If you are going to be absent, you must notify your supervisor as soon as possible of
your inability to work, normally no later than the start of your shift.
Sick leave is a privilege. Violations or abuse will result in disciplinary action.
B. Family Sick Leave
Full-time employees may use up to six (6) of their accrued sick leave days per calendar
year to attend to an illness of a child (biological, foster, adopted, stepchild, legal ward
or a child of a person standing in loco parentis), parent (biological, foster, adoptive,
stepparent, or legal guardian) or spouse.
C. Holidays
The following shall be the officially observed City holidays for this Unit:
1. 1 st day of January, New Year's Day
2. Martin Luther King Day
3. 3rd Monday of February, Washington's Birthday
4. Last Monday in May, Memorial Day
5. 0 of July, Independence Day
6. 1 st Monday in September, Labor Day
7. 2nd Monday in October, Columbus Day
8. 11th of November, Veteran's Day
9. 4th Thursday in November, Thanksgiving Day
10. Dg following Thanksgiving
11. 24t of December, Christmas Eve
12. 25th of December, Christmas Day
13. December 31St, New Year's Eve
In addition to the above each employee shall be given eight hours leave with pay as a
floating holiday. The floating holiday hours are credited to your vacation accrual
balance in the beginning of the fiscal year each year.
Should any of these Holidays fall on Saturday, the preceding Friday shall be considered
the paid Holiday. Should any of these Holidays fall on Sunday, the following Monday
shall be considered a paid Holiday.
Operating Engineers Water Utilities/Mechanics Page 16
D. Vacation Leave
Vacation is earned and accrued hourly each pay period according to the following
schedule:
Years of Service Hours Earned Per Pay Maximum Accrual
Period
0 -3 4.0 Hours 224.0 Hours
4- 8 4.7 Hours 260.4 Hours
9- 15 6.2 Hours 338.4 Hours
16- 19 6.8 Hours 369.6 Hours
20 Plus 8.0 Hours 432.0 Hours
E. Vacation Cash Out
Employees who reach their maximum vacation accrual may cash out one (1) week (40
hours) vacation, limited to one (1) time per fiscal year. This may be requested within
two pay periods prior to the employee reaching their vacation accrual maximum.
F. Bereavement Leave
Represented employees shall be entitled to a maximum of three (3) days leave of
absence without loss of salary for the death of any member of the employee's
immediate family. If travel exceeding 350 miles one way is required, an employee may
be granted a maximum of two (2) days additional paid bereavement leave. This leave
shall not be charged to sick leave.
Member of the "immediate family" is defined as the father, mother, grandfather,
grandmother, or grandchild of the employee or the employee's spouse, and the spouse,
son, stepson, foster son, son-in-law, daughter, stepdaughter, foster daughter, daughter-
in-law, brother or sister of the employee, any relative living in the immediate household
of the employee or the employee's spouse.
G. Personal Leave
The City and the Union agree that the members of this Union shall receive three (3)
days of personal leave annually, credited in full on July 1 of each year. This leave shall
not be considered a portion of vacation leave. This leave will be non-accumulative, and
if not used within a year it will be deleted from the employees paid leave time.
City and Union agree that the intent of personal leave was to provide time off for
employees for personal emergencies and needs regarding family members and other
personal business. The City has allowed these personal leave days to the employees
realizing that there are these special times that require time off that does not really fit
into the vacation and sick leave accruals. The Union has requested to use their
personal leave days in conjunction with vacation. The City will agree to allow the use of
Operating Engineers Water Utilities/Mechanics Page 17
personal leave with vacation, but strongly suggests to the Union members that the
intent of this leave be considered and that they use their personal leave with vacation
sparingly.
H. Workers Compensation
Employees who suffer an injury or illness due to work are generally covered under
Workers Compensation Insurance. If you are injured or become ill due to work-related
causes, you must notify your supervisor immediately. Minor injuries not requiring
medical treatment or time lost from work should be recorded in the Department's "Minor
Injury Log".
Please refer to the Employee Manual and/or the Human Resources Department for
further detail.
11. UNPAID LEAVE OF ABSENCE
You may request an unpaid leave of absence for periods of up to thirty days. Any unpaid
leave may be granted with approval of the City manager. In deciding whether to grant the
request the City Manager may consider the reason for the leave (ex: extend pregnancy leave
beyond disability; extended illness due to injury where accumulated sick and vacation leave,
CTO and any other accrued paid leave have been used), the department's work load, and the
availability of qualified staff to handle the work load.
If you are seeking an unpaid leave, you must submit a written request to your supervisor,
stating the reason for and duration of the leave. Sick or vacation accrual, retirement, uniform
allowance, medical coverage or related benefits are not paid or credited while an employee is
on unpaid leave of absence. You will begin to receive these benefits again when you return to
work. You may keep your medical insurance in effect by pre-paying the full monthly premium.
An employee who takes a personal leave of 30 days or less will be returned to his/her present
position or to a substantially similar position. If no position is available due to staff reduction,
the employee will be placed on layoff. Employees who do not report to work on the next
working day, without prior authorization of the City, may be administratively terminated upon
expiration of the leave.
A. Family and Medical Leave (FMLA)
Under the Family and Medical Leave Act ("FMLA") and the California Family Rights Act
("CFRA", "eligible" employees may request an unpaid, job-protected leave of absence
for periods of up to 12 weeks in a 12-month period for any of the following reasons:
1 . The birth of an employee's child and to care for the newborn after birth, or
placement of a child with an employee for adoption or foster care;
2. To care for the employee's spouse, domestic partner, son, daughter, or
parent, who has a serious health condition;
Operating Engineers Water Utilities/Mechanics Page 18
3. For a "qualifying exigency" arising out of the fact that the employee's spouse,
son, daughter, or parent is on covered active duty or call to active duty status
(Under the FMLA only, not the CFRA): and
4. To care for a spouse, son, daughter, parent, or "next of kin" who is a covered
service member of the United States Armed Forces who has a serious injury or
illness incurred in the line of duty while on active military duty or existed before
the beginning of the member's active duty and was aggravated by service in the
line of duty on active duty in the Armed Forces (this leave can run up to 26
weeks of unpaid leave during a single 12-month period — under the FMLA only,
not the CFRA).
Eligible employees include those persons employed by the City of Ukiah for at least 12
months and who have completed 1,250 hours of service during the 12-month period
immediately preceding the commencement of the leave.
Please refer to the Employee Manual and/or the Human Resources Department for
further detail.
12. SPECIAL PAYS
A. Bilingual Pay
A proficient Spanish/English bilingual employee in the following classifications:
Customer Service Representative I, II and III; Receptionist; Police Records Clerk, who
passes the oral and written bilingual test, receives a flat, per month, pay differential of
$75.00. Employees who have served for 10 years or more with the City of Ukiah and
have passed the bilingual oral and written test will receive a total of $100 per month.
Any other classification that utilizes bilingual speaking as a major function in the
performance of their duties and responsibilities shall be considered for bilingual pay
eligibility upon mutual agreement by the City and the Unit.
B. Specialty Pay
1. Pesticide Spraying
Any employee who applies pesticides which require a County I.D.# or Restricted
Permit for purchase, must hold a Qualified Applicator's Certificate or License and
will be paid at a rate of$3.00 per hour over salary for every hour of spraying.
These records will be kept by the department and recorded separately on the
time card for payroll use.
2. Water Division Educational Incentive Plan
City shall recognize the certification program for Water Division personnel
developed by the State of California pursuant to Sections 4060 to 4095 of the
California Health and Safety Code and described in Title 17, California
Administrative Code part 1, Chapter 5, Subchapter 1. Upon the attainment of a
State of California water treatment, distribution, or wastewater certificates which
Operating Engineers Water Utilities/Mechanics Page 19
are not a minimum requirement of the related classification, a 2 '/2% salary
increase over base pay shall be granted, and upon the attainment of a second
certificate which is not a minimum requirement of the related classification, an
additional 5% salary increase over base pay shall be granted, to a maximum of
7.5%
EXAMPLE:
Senior Wastewater Operator position requires a Grade III Wastewater
Certification. If employee obtains a Grade IV Wastewater Certificate he/she is
eligible for 2.5% over base pay. If same employee obtains a Grade V
Wastewater Certificate he/she is eligible for an additional 5% over base pay, to a
maximum of 7.5%.
The following classifications are included in this certificate program:
a. Water and Sewer Maintenance Attendant I & II
b. Water and Sewer Service Attendant
c. Water and Sewer Lead Worker
d. Water Treatment Plant Operator & Senior Operator
e. Wastewater Treatment Plant Operator, Lead & Senior
f. Water Utilities Equipment Mechanic
13. MISCELLANEOUS PROVISIONS
A. Inclement Weather Gear
The City will provide rain and protective gear for all employees required to work outside
in inclement weather, to include hat, coat, pants and boots.
B. Boot Allowance
For appropriate classifications, the City will pay up to $150 boot allowance to be
reimbursed one time per year upon submission of receipt, in addition to the currently
City-provided rain gear and other personal protective equipment necessary for job
performance.
C. Replacement of Job Required Equipment
Replacement at City expense of eyeglasses and job required equipment damaged or
destroyed while on duty to be considered on the merits of each individual case.
D. Compensatory Time Off (CTO)
Unit members may accrue CTO at the time and a half rate up to a maximum of 50
hours. Actual use of the CTO time will be approved by the Departments after
Operating Engineers Water Utilities/Mechanics Page 20
reasonable consideration of the workload and vacation and sick time schedules of other
personnel.
E. Store Stop Policy
Water Utilities/Mechanics Bargaining Unit employees may make store stops for the
purchase of refreshments, snacks, and medicine during their normal and overtime work
hours upon express consent of their immediate supervisor.
The stops shall not interfere with any work or job assignment, as store stops will only be
allowed for breaks and upon the consent and convenience of the immediate supervisor.
The store stop shall be at the nearest convenient store in the area. All stops are to be
for purchase only and there will be no loitering at the store location.
The employees and management shall police this policy. The employees shall bring it
to the attention of any employee abusing this policy. If the employee continues the
abuse, they shall be reported to their immediate supervisor, who may at their discretion
issue a verbal reprimand for the first violation, and an employee with more than two
violations may lose their store stop privilege for six months. Disciplinary action following
continued violations will be as determined by the Department.
After a six month store stop suspension, the employee will be reinstated, providing they
have properly complied in that six month period. Failure to properly control this privilege
may result in the withdrawal of this policy to all employees in the Unit.
F. Emergency Meals
Employees required to work in increments of four (4) consecutive hours outside of their
normal working day because of an emergency situation which does not allow the
employee to provide for a meal shall be furnished one meal for each four (4) hours
worked if not furnished from other sources.
G. Section 125 Plan
The City will provide a Section 125 (Cafeteria) Plan for employees in this Unit.
H. Longevity
Only employees hired prior to July 1, 1990 shall be eligible and grandfathered at the
rate of 1% salary after seven years, and an additional 2% of salary for a total of 3% of
salary after fourteen years.
I. Longevity Performance Program
An employee is eligible for Longevity Performance Pay if the following apply (2018-
2021):
1. Employee has worked full time, including full time limited-term assignments
exceeding one (1) year, for the City of Ukiah for a minimum of seven (7) years, and
2. Employee has received a satisfactory or above rating on his/her last annual
performance evaluation.
Operating Engineers Water Utilities/Mechanics Page 21
Such employee will be eligible to receive a lump sum payment on their anniversary date
each year in which he/she receives a satisfactory or above rating on his/her last annual
performance evaluation according to the following schedule:
a) Upon the 7th anniversary date of employment, and each year thereafter in
which the employee receives a satisfactory or above performance evaluation
rating, on their anniversary date, a full time employee with the City of Ukiah will
receive $1 ,000.
b) Upon the 12th anniversary date of employment, and each year thereafter in
which the employee receives a satisfactory or above performance evaluation
rating, on their anniversary date, a full time employee with the City of Ukiah will
receive $2,500.
c) Upon the 20th anniversary date of employment, and each year thereafter in
which the employee receives a satisfactory or above performance evaluation
rating, on their anniversary date, a full time employee with the City of Ukiah will
receive $3,500.
The lump sum payment will not adjust the salary range, and will not count toward the
calculation of annual salary for the purpose of computing life insurance coverage or
long-term disability (LTD) wages.
J. Career Step Program
The City of Ukiah values its long-term employees and desires to reward continued
exemplary performance for employees beyond their achievement of E Step in their
individual job classification. The Career Step Program is designed to provide a
monetary incentive and motivation for continued good performance and high
achievement throughout an employee's career with the City.
1. Eligibility— Regular, full-time employees who have completed 7 years of
service with the City of Ukiah and have attained E Step with "3" (meets
expectations) or above rating on their most current annual performance
evaluation are eligible to apply for the first career step increase.
Provisions for eligibility are as follows:
a. Employees who have completed 7 years of service will be eligible to
apply on their performance evaluation date for a career step increase of
1%, if their performance evaluation is "Y (Satisfactory) or above.
b. Employees who have completed 14 years of service will be eligible to
apply on their performance evaluation date for a career step increase of
2% (for a total of 3%), if their performance evaluation is "4" (very
competent) or above.
Operating Engineers Water Utilities/Mechanics Page 22
c. Employees who have completed 21 years of service will be eligible to
apply on their performance evaluation date for a career step increase of
2% (for a total of 5%), if their performance evaluation is "4" (very
competent) or above rating.
2. Employees may request a pre-evaluation meeting with their Supervisor up to
6 months before their annual evaluation date for the purpose of discussing the
employee's current job performance, goals set during the last evaluation period,
and any areas potentially in need of improvement. This meeting will provide the
employee and the Supervisor an opportunity to discuss performance issues and
address goals prior to the annual evaluation.
3. Employees who have applied for a career step increase and are denied due
to their performance level will be given specific standards of performance to
achieve. They may then re-apply on their performance evaluation date the
following year for their career step.
4. After receiving a career step increase, if any performance evaluation fall
below the minimum performance rating required for that level, the last
percentage increase will be lost. Example: if an employee has received their
additional 2% at the end of 14 years of service, and falls below the "4" *(very
competent) level in their next performance evaluation, they will only lose the last
percentage received, or 2% in this case. If lost, the employee will be given
standards of performance to achieve and may re-apply within six months to
reinstate that career step level.
5. An employee may appeal the denial of their career step application or the loss
of the current career step payment to the City Manager. The City Manager will
meet with the employee and the supervisor in order to make a final determination
on the appeal.
6. Employees cannot receive both longevity and career step pay. Any employee
eligible for longevity will be required to make a determination as to which
program they prefer and sign a PAF to that effect.
K. Career Development Program
It is the intent of the City of Ukiah (City) to recognize the future growth of both the City
and its employees by adopting a Career Development Program which will encourage
employees to avail themselves of job-related educational opportunities. The purpose of
this action is to advance the employees' knowledge and interest in the direction of their
career with the City, expand the employees' base of promotability, and enhance the
City's effectiveness by improving the overall level of municipal service.
This proposal is made with the realization that such a policy must be within the financial
capability of the City, that the work for which the employee was originally appointed is
given first priority, and that the City shall not expend, nor the employee accept, training
funds with the intent of enabling the employee to secure a position with other agencies
or business entities.
Operating Engineers Water Utilities/Mechanics Page 23
Such training programs may include college or university courses, lectures, seminars, or
continuing education courses.
Provisions for the Career Development Program are as follows:
1. Preparation for classes and their requirements are to be completed on the
employee's own time.
2. To be eligible for funds, the employee must receive advance written approval
by his/her Department Head and City Manager or designate.
3. Funds to the employee shall be predicted upon a grade point of 2.0 or better;
or verifiable attendance of lectures or seminars.
Department Head and City Manager approval of all employee training courses shall be
based upon the degree of value to the City, continuing development of employees, job
skills, and the employee's stated intent to promote within the City.
Mutual benefit training is coursework of equilateral benefits to the City and employee.
This would include job related coursework and general courses applied to a degree
related to the employee's present position or broad based promotability within the City.
Criteria for this assessment would be based upon applicability of subject matter to a
relevant degree or certification and be made by the employee's Department head.
Up to 50% off the general education courses taken toward a degree related to the
employee's field with the City may be covered by the program.
The City shall try to allow up to three (3) flex hours per week for employees who need to
take classes during working hours if no other non-working hour class is available. City
participation shall consist of registration and costs of books and related materials.
The City Manager shall cause a file to be kept in the Personnel Office in which a record
of the Career Development Program is maintained. In addition, a record of each
employee's participation in the program is to be placed in his/her personnel file.
L. Jury Duty
If you are called to serve on a jury for 15 days or less (a day is any day in which court is
held without regard to the number of actual court hours), you will receive your base pay.
You are required to furnish your department head a copy of your official notice and to let
him/her know the expected duration of your absence. If you are released from jury duty
before the end of your working shift, you are expected to return to work for the
remainder of the day. Court Payment Checks for jury duty, excluding travel expenses,
must be turned in to the City cashiers in order to be eligible for this paid leave. You
need to inform the Judge of the City's 15 day paid leave policy so that you will not be
appointed to trials of longer duration.
M. Residency / Response Time
Water/Sewer employees shall establish residency within a 30-minute notification to
respond zone.
Operating Engineers Water Utilities/Mechanics Page 24
Wastewater Treatment Plant employees shall establish residency within a 45-minute
notification to respond zone.
The City and the Union agree they have met and conferred on the issue of residency
requirements. The Union recognizes that the City has the right to establish residency
requirements as applies to the classifications addressed in Personnel Policies Chapter
XIII, Section 4, paragraph 8, All Other Employees.
N. Rest Period Agreement
The following language concerning the definition of rest period for extended overtime
has been agreed upon as follows:
1. Any employee in this Unit who has worked eight hours or more at the
overtime rate from the end of their regularly scheduled shift and the beginning of
their next regularly scheduled shift on a workday shall be entitled to a rest period
of eight consecutive hours on the completion of such overtime work.
2. There shall be included as part of the eight hours worked at the overtime rate,
during the period between the end of their regularly scheduled shift and the
beginning of their next regularly scheduled shift on a workday, any travel time
and mealtime to which an employee is entitled.
3. If the eight hour rest period in part or in whole overlaps the employee's regular
work period, the employee shall receive the straight time rate for the extent of the
overlap except that the time taken during such overlap for any meal to which they
are entitled for overtime hours worked shall be paid at the applicable overtime
rate.
4. If the employee is called back to work during the first six hours of the rest
period, a new rest period shall commence at the end of such work.
a. If the rest period overlaps his/her regular work hours, but does not
extend to the second half of the workday, the employee shall be excused
with pay at the regular rate until the next full hour of his/her regular
workday.
b. If the rest period overlaps the second half of the regular workday, the
employee shall be excused with pay until the next full hour of his/her next
regular shift.
5. An employee entitled to the rest period may nevertheless be required to work
during the regular work hours on a workday without having said rest period, in
which event, employee shall be paid at two (2) times the straight-time rate for all
work performed until he/she has been relieved from duty for at least eight (8)
consecutive hours.
6. If the person on call works past the 16-hour limit and is entitled to the
aforementioned rest period, he/she shall be relieved from call by the supervisor
Operating Engineers Water Utilities/Mechanics Page 25
until said rest period is concluded. Calls shall be routed to the supervisor, who
then shall dispatch according to the needs of the department.
O. Probationary Period
There is an introductory period of six months for new appointments and promotions.
During this period you and the City can evaluate each other to determine if employment
should continue. This introductory employment period is used to closely observe your
work. It may be extended by your Department Head for up to six months if your
performance warrants it. You may be terminated during the introductory period any
time without approval of the Civil Service Board, without cause, and without the right of
appeal.
A promoted employee has the right to be reassigned to his/her original position during
the introductory period.
Within four weeks of the conclusion of this introductory period you will, and at any time
during the introductory period, you may receive a performance evaluation. These
evaluations will give you and your supervisor or manager an opportunity to assess your
performance to date, evaluate your on-the-job skills, and determine your ongoing
relationship with the City.
Regardless of classification status or length of service, you are expected to meet and
maintain City standards for job performance and behavior throughout your employment
with the City.
Vacation and sick time accrued during the probationary period may be used as it is
accrued.
P. Reclassification of Unit Positions
The City will provide advance notice to Operating Engineers Local No. 3 and the
Miscellaneous Unit Representatives of any proposed new classifications, amended
class specifications, and reclassifications. Upon request of Operating Engineers Local
No. 3 the parties will meet and confer regarding the City's proposed action.
Q. Disciplinary Action/Written Reprimands
The City agrees to secure the record of a written reprimand disciplinary action after 3
years if no similar violations occur. The following language will be added to the City of
Ukiah Disciplinary Procedures, Section II.A. Reprimand:
"An employee has the right to request in writing that a letter of reprimand be secured within
the employee's personnel file if three (3) years have elapsed from the date of reprimand and
no similar violations occur. The employee may submit a request to Personnel to have the
reprimand placed in a secured envelope within the Personnel file. The Personnel Officer,
after conferring with the employee's Supervisor, will provide a written determination of the
employee's request within 14 days. If similar violations of policy occur, the envelope may be
opened for information to the Supervisor."
Operating Engineers Water Utilities/Mechanics Page 26
R. Out of Classification Pay
Any employee properly and formerly assigned to perform the duties of a higher paid
classification for one or more shifts, shall be paid retroactively for completion of each
shift at the rate of 5% or Step A of the classification, whichever is higher.
Employees working out of class in exempt positions will be paid overtime earned at the
out of class rate, until they have worked out of class continuously for one month (30
calendar days) in the exempt classification, after which time overtime will not be paid at
the out-of-class rate. Employees working out of class for a period of one month (30
calendar days) or longer will be paid holidays and sick leave of one week or less at the
out of class differential rate after the 30th day.
S. Call Back
The first callback shall be paid at a two-hour minimum at time and one half pay. If an
employee works over 2 hours on the first call back they will be immediately eligible for
an additional 2 hours pay for the first call back. The 2"d call back is paid at the actual
time worked with a one hour minimum at time and one half pay as long as the second
call back is not within the first call back time frame.
T. Standby Pay
Standby Pay is at the rate of two hours pay at straight time on weekdays and four hours
pay at straight time on weekends and holidays. Employees who are scheduled without
regard to weekends and holidays, because of staffing seven days per week, will be paid
two hours of pay at straight time on a weekend or holiday in which they work a regular
shift.
U. Dues Deduction
City will make payroll deduction of union dues bi-weekly when furnished by the union
with an acceptable authorization signed by the employee prior to the 15th of the month
during which the initial deduction is to be made.
V. No Strike/Job Action Provision
1. Prohibited Conduct
The Unit, its officers, agents, representatives, and/or members when on duty,
agree they will not call, cause, engage, or condone any strike, walkout, sit down,
work stoppage, slowdown, sickout, pretended illness, or engage or honor any
other form or type of job action by Union employees or by any other employees
of the City or employees of any other employer by withholding or refusing to
perform services or honor any type or form of picket line of any union or
employee organization.
2. Employee Termination
Any employee who participates in any conduct prohibited in Section 1, Prohibited
Conduct, (above), shall be considered on unauthorized absence and shall be
subject to discharge or other disciplinary action by the City, regardless of whether
the Union carries out in good faith its responsibilities set forth below.
Operating Engineers Water Utilities/Mechanics Page 27
3. Union Responsibilities
a. In the event that the Union, its officers, agents, representatives, and/or
members engage in any of the conduct prohibited in Section 1, Prohibited
Conduct, above, the Union shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this
Memorandum of Understanding and unlawful, and they must immediately
cease engaging in conduct prohibited in 1, Prohibited Conduct, above,
and return to work.
b. If the Union performs all of the responsibilities in good faith set forth in
item a. above, its officers, agents, and representatives shall not be liable
for damages for prohibited conduct performed by employees who are
covered by this Agreement in violation of 1, Prohibited Conduct, above.
W. Re-Opener
During the term of this Agreement, either party may re-open the contract to bargain over
up to two (2) non-economic issues in October of 2019 and October of 2020.
X. Continuation
The City and the Unit agree that all conditions of employment established by City policy,
including all conditions affecting wages, hours, and working conditions that are not
specifically addressed in this Memorandum of Understanding, shall continue in effect
and shall not be affected by the terms of this Memorandum of Understanding.
The value or availability of the benefits provided in the Memorandum of Understanding
as originally worded or as amended from time to time may depend on their tax
treatment by the state or federal government or the decisions of other government
agencies or departments, such as, but not limited to, the Public Employees Retirement
System. The City will endeavor to obtain the most favorable treatment legally possible
from these other governmental entities. However, the City makes no representation
concerning the value of such benefits to unit members or how they will be taxed or
otherwise treated by other agencies or departments. The City's obligations under this
Memorandum of Understanding are limited to the direct cost of providing the salary and
benefits as described in the Memorandum of Understanding. The City shall have no
additional financial obligation, even if the tax or other treatment of such salary or
benefits by other agencies or departments reduces or eliminates their value to the
employee.
Operating Engineers Water Utilities/Mechanics Page 28
This Memorandum of Understanding is ratified and adopted pursuant to the recommendations
of the following representatives this 17th day of October, 2018.
CITY OF UKIAH OPERATING ENGINEERS WATER
UTILIRE-SPUECHANICS UNIT
Sage S ngiacomo, City Manager Matthew Anliker, WWTP OIT
Mario Dogali, Water/Sewer Attendant II
OPERATING ENGINEERS LOCAL NO. 3
e Louis Wildman, Business Representative
Operating Engineers Water Utilities/Mechanics Page 29
APPENDIX "A"
WATER UTILITIES/MECHANICS UNIT CLASSIFICATIONS
Environmental Lab Technician I, II, III
Equipment Mechanic
Lead Equipment Mechanic
Lead Wastewater Treatment Plant Operator
Sr. Equipment Mechanic
Sr. Wastewater Treatment Plant Operator
Sr. Wastewater Treatment Plant Operator/Mechanical Technician
Wastewater Treatment Operator-in-Training
Wastewater Treatment Plant Operator
Wastewater Treatment Plant Operator/Mechanic
Water & Sewer Service Attendant
Water Treatment Operator-in-Training
Water Treatment Plant Operator/Mechanic
Water/Sewer Attendant I, II
Water/Sewer Lead Worker
Operating Engineers Water Utilities/Mechanics Page 30
Appendix B
City of Ukiah
Water Utilities/Mechanics Unit Salary Schedule
Effective September 23, 2018
4%COLA
Monthly
Job Class Title Grade Step 0 Step 1 Step 2 Step 3 Step 4
Wastewater Treatment Plant OIT 6029 3,310.05 3,475.55 3,649.33 3,831.80 4,023.39
Water Treatment Plant OIT 6129
Water&Sewer Attendant 1 6232 3,564.56 3,742.79 3,929.93 4,126.43 4,332.75
Water&Sewer Attendant II 6135 3,838.65 4,030.58 4,232.11 4,443.72 4,665.91
Environmental Laboratory Technician 1 6536 3,934.62 4,131.35 4,337.92 4,554.82 4,782.56
Water&Sewer Service Attendant 6236
Equipment Mechanic 6038 4,133.81 4,340.50 4,557.53 4,785.41 5,024.68
Environmental Laboratory Technician II 6239 4,237.15 4,449.01 4,671.46 4,905.03 5,150.28
Wastewater Treatment Plant Operator 6139
Water Treatment Plant Operator 6339
Sr.Wastewater Treatment Plant Operator 6144 4,793.95 5,033.65 5,285.33 5,549.60 5,827.08
Sr.Water Treatment Plant Operator 6344
Water&Sewer Lead Worker 6044
Environmental Laboratory Technician III 6145 4,913.80 5,159.49 5,417.46 5,688.33 5,972.75
Lead Wastewater Treatment Plant Operator 6046 5,036.65 5,288.48 5,552.90 5,830.55 6,122.08
Reportable Special Compensation
Bilingual Pay $75-$100 per month
Career Step Pay&Longevity Pay 1%-5%added to base
Water Division Certificate pay 2.5%-7.5%added to base
RESOLUTION NO. 2018-27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDA
OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE LOCAL 1245 OF
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, DEPARTMENT HEAD,
MANAGEMENT, AND WATER UTILITIES/MECHANICS BARGAINING UNITS
WHEREAS, the Employee/Employer Relations Officer and Human Resources Director have met
and conferred in good faith with representatives of the Local 1245 of the International Brotherhood
and Electrical Workers, and the Department Head, Management, and Water Utilities/Mechanics
Units; and
WHEREAS, Memoranda of Understanding for the term of September 19. 2018 through
September 18, 2021 have been arrived at and agreed to by the parties; and
WHEREAS, said Memoranda of Understanding have been presented to the City Council for its
consideration.
NOW, THEREFORE, BE IT RESOLVED that the Memoranda of Understanding are hereby
adopted and the Employee/Employer Relations Officer is authorized to enter into these
Agreements.
PASSED AND ADOPTED this 3`d day of October 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble
NOES: None
ABSENT: None
ABSTAIN: None
in a Mayor
ATTEST:
K istine Lawler, City Clerk