HomeMy WebLinkAbout2007-04-11 Agenda Packet - Board Agenda Item # 18 & 19
w
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: April 11, 2007
Subject: New MOU with District Union employees
Why this matter is before the Board: This matter involves approving
amendments to the MOU between the District and IBEW Local 1245, the Union
that represents District hourly waged employees.
History: I have been negotiating the terms of a new MOU with the Union for the
past several months. I have been assisted by Steve Hollabaugh and Nancy
Waters. You will recall that the Union membership voted a few weeks ago to
reject an earlier settlement package. Steve and Nancy and I got back with the
Union bargaining committee and made a few changes to the package with
assistance from a mediator, and it was then approved by the Union membership
in a second vote.
New information: Attached is a copy of the package that was ratified by the
Union. Also attached is the current MOU that actually expired this past
December 31, 2006. 1 would like the chance to discuss this entire matter with the
Board in Closed Session prior to voting on it in Open Session.
If the Board approves this new package, which I urge you to do; I would then ask
you to consider adopting a resolution setting up a 401(a) plan. That item is also
agendized for action after returning to open session.
TDPUD/ Local Union 1245 Ratification Package
� March 16, 2007
Sec 2.2 Non-discrimination: It is the policy of the District and the Union not to
discriminate against any employee because of race, creed, color age, gender,
handicap,-ow national origin, or sexual orientation. In addition, the District will not
discriminate against an employee because of membership in the Union and
neither the Union nor the employees they represent will discriminate against any
employee because of non-affiliation with the Union.
Sec 6.5 a Comp time
e) Employees may elect to accrue and use up to twenty-f' uF f 22, thirty-two (32)
hours per calendar year of compensatory time off. Such time shall accrue as hour
for hour worked and remainder of overtime compensation shall be paid at the
appropriate rate. Employees with accrued compensatory time off will be cashed
out at the end of each calendar year.
Example: 8 hours worked at the "double time rate" = 8 hours comp
time and 8 hour straight time pay. 8 hours worked at the "time and one
half rate" = 8 hours comp time and 4 hours straight time pay. All
compensatory time taken must have prior approval by management.
Compensatory time off will not be approved if overtime must be
worked to cover it.
f) Employees with less than ten (10) years of service may elect to
accrue and use an additional sixteen (16) hours of compensation time
in addition to the comptime provided for in Section 6.5 (e). After the
employee reaches the ten (10) year anniversary date he/she will no
longer accrue comptime under this section.
Existing Section 6.5 (f) is renumbered to 6.5 (g).
Sec 6.6 Rest Period
(a) Any employee who has worked eight (S) sixteen ( 16) in any consecutive 24
hour period hours OF FHOFe at OWFtiffle FflteS hetWeLON the Fegtilff tjklittiH b
will be entitled to a rest
period of nine (9)consecutive hours.
Sec 6.6 b, c, d remains unchanged
I
Sec 9.4 Bereavement Leave
1
Regular employees will be granted three (3) days bereavement leave with pay in the
event of a death in their immediate families or to a member of the employee's immediate
household at the time of death. Immediate family consists of an employee's or
employee's spouse's or registered domestic partner's mother, father, brother, sister, son,
daughter, step-child, half-brother, half-sister, foster parent or grandparent. In addition,
such leave may be extended to cover the employee's step-parent, foster child, or
grandchild
Sec 10.2 Rates of Accrual:
Rates of Accrual Number of Days
Per Year
(a) For the first five years of continuous service 10
(b) After completing five years of continuous service 15
(c) After completing ten years of continuous service 20
(d) After completing 2415 years of continuous service —-21
(e) After completing 22 20 years of continuous service 22
(f) After completing 23 years of continuous service 23
(g) After completing 24 years of continuous service 24
(h) After completing 25 years of continuous service 25
(i) After completing 30 years of continuous service 30
Sec 12.1 Definition of Personal Disability Leave:
Personal Disability Leave means an authorized paid leave of absence which is granted
to an employee who has actually become incapacitated and who is, thereby, unable to
perform employee's regular duties and responsibilities. Such inability will have resulted
from (1) personal illness or accident; or, (2) pregnancy. Personal Disability Leave is not
applicable to industrial disability (otherwise provided for below) except to the extent of
supplementing industrial disability leave up to 100% of an employee's regular straight-
time earnings. Such application will be at the employee's option. Employees may use
their Personal Disability Leave, up to a maximum of six (6) days in a calendar year, for
paternity purposes, to tend to an ill spouse, or registered domestic partner, child, or
parent. Employees can accumulate unused family sick leave not to exceed six (6) days
Sec 19.2 (a) Group Medical Insurance Plan Including Drug Card Program:
The District will pay 100% of the premiums for employees and dependents. The
NRECA Preferred Provider Organization (PPO) plan agreed upon includes a
$2,000/$4,000 out of pocket annual maximum for Out-of-Network charges, a
$2004,1004€ $400680011200 deductible, utilization review/cost containment
SHARE features, medical management provisions, generic drugs at $10.00, brand name
I
drugs at $15.00, mail service prescription drug program (co-payments for brand name
mail order prescriptions at $20.00, generic mail order prescriptions at $10.00.)
q? -Ct;-pay S 5 00-�
t (P:-the prescription card plan is the MAC-4
(bagreed
genefie
Employees will need to pay fo their- it rev r t:3fis anti submit the
C ar-emar-L r pts te aeeeunts payable f r r ..,t,.IF-SI .P.,t of the di ffer-en e
(b) District will immediately notify Union of any notice of proposed changes
provided from NRECA. District and Union agree to meet and discuss impacts of
said changes to determine appropriate course of action.
(c) District will reimburse employee and dependents for the first day medical
management deductibles and the District will cover the 1% claims processing tee.
hospital. The eepayment "Al be ,equal to that he pital's charge F, efle a„ t.,
at the st.,.,d rd rate for- a semi :..,,r, t��. ...,.., t7r..t dit .„�.,tieal .,,.,..,,,..,.ieHt
ded .t;b les avid the n: ..sir; t u: the t. t; . The District
will continue to fund medical insurance at the same level as their normal
employment status up to thirteen (13)weeks of disability.
Sec 19.2 g(4)
District to provide a 401(a) or f'fatrO411-N} +�' ji.,.: with
employer match of 100% up to 3% of employee'sbase wage.
Sec 19.2 (1)Vision Plan:
The District will provide as follows:
The District will provide an annual benefit up to $400.00 per covered employee,
registered domestic partner, or dependent. The benefit will be to cover the
expenses of examination, lenses, frames or contact lenses when recommended
by a physician or optometrist.
Sec 19.2 (k) Post Retirement Medical and Dental Benefits:
3
I (1) The plan is the same as the current employees' medical plan. except for a
$500 deductible per person compared to a -�_ deductible per person for
employees. It is based on the ElectREcomp medical plan with $500 deductible
per person.
Percent of Premium Paid
Years of Service by District
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
District will pay the same percentages listed above of the retiree and
dependent medical and dental premiums beginning at the retiree's age 60
for future retired employees based on years and months of service at
Truckee Donner. If a person retires earlier than age 60 the benefit will be
reduced by 2%
per year reduction in the benefit paid by the employer. For example, a
person retiring at age 58 with 19 years of service would have 91% of the
I retiree and dependent premiums paid by the District. d the
0
(2) The benefit paid by the District is capped as listed below:
Monthly Caps
Individual only $475
Spouse only $475
Child(ren) only $475
Spouse & child(ren) only $725
Medicare Rate $375
If the premiums increase above the monthly cap, the retiree will pay the difference
between the new premium and their percent of benefit established upon retirement
multiplied by the cap. Example:A person retiring at age 58 with 19 years of service
Iwould have 91% of the retiree and dependent premiums paid by the District.-r 4h.-
rti+frtrrp+ivarrt If initially the premium for individual only
was S340, the retiree would pay 3.10— (91%x$340) = S30.60. If the premium increases
to S400 S500 while the cap is$3-5N S4'5, the retiree would pay 4AW 500— (91%x
SJJOS4?3) = S4-3N S6?.73.
Sec 19.5 Tool Allowance
a) Allowance: Notwithstanding the provisions of Section 11.1 of the agreement,
the automotive mechanic is required to provide his own set of hand tools and
boxes necessary to perform his job. The District will provide to the mechanic an
allowance up to &5W $700 per annum, payable upon presentation of approved
4
invoices, for lost, misplaced, damaged or worn tools through normal wear or new
tools which may be available to enhance the performance of his job. Hand tools
acquired by the mechanic using this allowance will remain the property of the
mechanic.
Sec 20.4 Wages
0
o 1 I—$44
31140
COLA. Wages could o ower-or- 10
i
Retroactive to 1/1/07
See attached wage schedule for 2007 and 2008.
Year 2009: COLA floor 3%, ceiling of 4% tied to CPI-W.
COLA will be determined based on an average of twelve (12') months from August to
July. Example: For 2009 wages, the COLA will he haled on a 12 month average oJ'the
Cf I W,frorn August ?007 to and including July 2008.
Sec 20.6 Water Certificates
Incentive for Water Certification: Employees within the water department (above the
Tech in Training level) will receive $225.00 $300 per year per certification above what is
required within their job description, limited to Water Department personnel only, 2
certificates per employee. This applies only to state treatment, distribution and cross
connection specialist certifications. Paid in a lump sum in January each year
Sec 12.2 Sick Leave
IEligibility and Accrual: Full-time regular employees who have eempleted six (6�,
will accrue unlimited personal disability leave from the
date of hire at the rate of one(1) day per month for each month the employee remains in
a pay status (12 days per year maximum). When an employee no longer is being
compensated during the major portion of any month by regular pay, paid vacation, or any
other form of paid leave, the employee no longer will accrue leave credit.
Peter Holzmeister Patrick Waite
General Manager, TDPUD IBEW 1245 Business Representative
5
All Hourly Rates are top of scale
Current 2008
Number Current Proposed 2007 Hourly Percentage Hourly Percentage
employees Hourly Rate Range Rate Increase Rate Increase
Electric Department
Planner Vacant 40.38 36 43.51 6.4% 46.10 5 95%
Foreman 2 40.86 36 43.51 6.5% 46.10 5.95°%
Lead/Substn. 1/Vacant 38.26 34 41.44 8.3% 43.91 5.96%
Inspector 1 37.15 33 40.45 8.9% 42.86 5.96%
Journeyman 4/2 vacant 37.15 33 40.45 8.9% 42.86 5.96%
Apprentice 2 31.92 27 34.95 9.5% 37.03 5.95%
Groundman 1 24.97 17 2T36 9 6% 28.99 5.96%
Electrician 2 35.93 32 39.47 9 9% 41.82 5.95%
Elec Tech 1 33.18 29 36.59 10.6% 38.88 5.97%
Water Department
Planner 1 36.88 33 40.45 9.7% 42.86 5.96%
Foreman 2 33.55 31 38.53 14.8% 40.82 5.94%
Lead 2 30.19 27 34.95 15.8% 37.03 5.95%
Tech 5 28.70 24 32.47 13.1% 34.40 5 94%
Tech-in-trng 2 27.13 20 29.45 8.6% 31.20 5 94%
InspectorMltr Qua[ 1 33.55 31 38.53 14.8% 40.52 5 94%
Inspector/Pipeline 0 30.19 27 34.95 15.3% 37.03 5.95%
Contract Admin 1 25.38 21 30.19 19.0% 31.98 5 93%
Support Svcs Dept.
Mechanic 1 32.68 25 33.28 1.8% 35.26 5.95%
Buyer 1 25.17 20 29.45 17.0% 31.20 5 94%
Warehouse 1 24.44 14 25A4 4.1% 26.96 5.97%
Facilities 1 24.44 14 25.44 4.1% 26.96 5.97%
Asst Mechanic 1 25.09 17 27.36 9.0% 28.99 5.96%
Power Supply
Mapping Tech 1 26.42 20 29.45 11.5% 31.20 5.94%
Admin Department
Supervisors 3 27.92 21 30.19 8.1% 31.98 5.93%
(Acctg,Billing,WO)
Cust Svc Supvsr 1 25.38 17 2736 T8% 28.99 5.96%
Senior Clerks 5 22.15 13 24.82 12.1% 26.30 5 96%
CSR 2 19.90 8 21.98 10.5% 23.29 5.96%
MR Coordinator 1 25.35 16 26.71 5.4% 28.30 5.95%
Meter Reader 1 24.12 14 25.44 5.5% 26.96 5.97%
Total Number of Employees 47
L II s
ONNER
z
Public Utility District
Resolution No. 2007 - XX
Establishing and Defining a Money Purchase Plan
WHEREAS, the District has employees rendering valuable services; and
WHEREAS,the establishment of a money purchase retirement plan benefits employees by providing funds
for retirement and funds for their beneficiaries in the event of death; and
WHEREAS, the District desires that its money purchase retirement plan be administered by the ICMA
Retirement Corporation and that the funds held in such plan be invested in the ICMA Retirement Trust,a trust
established by public employers for the collective investment of funds held under their retirement and
deferred compensation plans.
NOW, THEREFORE, BE IT RESOLVED that the District hereby establishes a money purchase retirement
plan in the form of:
• The ICMA Retirement Corporation Governmental Money Purchase &Trust, pursuant to the specific
provisions of the Adoption Agreement(executed copy attached hereto).
The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries.
BE IT FURTHER RESOLVED that the District hereby executes the Declaration of Trust of the ICMA
Retirement Trust, and attached hereto,intending this execution to be operative with respect to any retirement
or deferred compensation plan subsequently established by the District, if the assets of the plan are to be
invested in the ICMA Retirement Trust.
BE IT FURTHER RESOLVED that the District hereby agrees to serve as trustee under the Plan and to invest
funds held under the Plan in the ICMA Retirement Trust.
BE IT FURTHER RESOLVED that the Human Resources Administrator of the District shall be the coordinator
for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the ICMA
Retirement Trust; shall cast, on behalf of the District, any required votes under the ICMA Retirement Trust;
may delegate any administrative duties relating to the Plan to appropriate departments.
BE IT FURTHER RESOLVED that the District hereby authorizes the Human Resources Administrator to
execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of
the Plan.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on
the 181h day of April 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President, Board of Directors
ATTEST:
Peter L. Holzmeister, District Clerk
ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
PLAN NUMBER 10- 7629
The Employer hereby establishes a Money Purchase Plan and Trust to be known as Truckee
Donner Public Utility District 401(a) Plan (the "Plan") in the form of the ICMA RC
Governmental Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution money
purchase plan.
x Yes No
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
Truckee Donner Public Utility District 401(a) Plan
I. Employer: Truckee Donner Public Utility District
II. The Effective Date of the Plan shall be the first day of the Plan Year during which the
Employer adopts the Plan, unless an alternate Effective Date is hereby specified:
01/01/2007
Ill. Plan Year will mean:
(x) The twelve (12) consecutive month period which coincides with the
limitation year. (See Section 5.03(g) of the Plan.)
( ) The twelve (12) consecutive month period commencing on
and each anniversary thereof.
IV. Normal Retirement Age shall be age 60 (not to exceed age 65).
1
V. ELIGIBILITY REQUIREMENTS:
1. The following group or groups of Employees are eligible to participate in the
Plan:
All Employees
x All Full-Time Employees
Salaried Employees
Non-union Employees
Management Employees
Public Safety Employees
General Employees
Other (specify below)
The group specified must correspond to a group of the same designation that is
defined in the statutes, ordinances, rules, regulations, personnel manuals or
other material in effect in the state or locality of the Employer.
2. The Employer hereby waives or reduces the requirement of a twelve (12)
month Period of Service for participation. The required Period of Service shall
be N/A (write N/A if an Employee is eligible to participate upon
employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N/A (not to exceed age 21. Write N/A if no
minimum age is declared.)
VI. CONTRIBUTION PROVISIONS — See Attachment
1. The Employer shall contribute as follows (choose one):
( ) Fixed Employer Contributions With Or Without Mandatory
Participant Contributions.
The Employer shall contribute on behalf of each Participant
% of Earnings or $ for the Plan Year (subject to
the limitations of Article V of the Plan). A Participant is required to
contribute (subject to the limitations of Article V of the Plan)
(i) % of Earnings,
(ii) $ , or
2
(iii) a whole percentage of Earnings, as designated by the
Employee in accordance with guidelines and procedures
established by the Employer
for the Plan Year as a condition of participation in the Plan.
(Write "0" if no contribution is required.) If Participant
Contributions are required under this option, a Participant shall
not have the right to discontinue or vary the rate of such
contributions after becoming a Plan Participant.
The Employer hereby elects to "pick up" the Mandatory/Required
Participant Contribution.
Yes No
[Note to Employer: Neither an IRS advisory letter nor a
determination letter issued to an adopting Employer is a ruling by
the Internal Revenue Service that Participant contributions that
are picked up by the Employer are not includable in the
Participant's gross income for federal income tax purposes. The
Employer may seek such a ruling.
Picked up contributions are excludable from the Participant's
gross income under section 414(h)(2) of the Internal Revenue
Code of 1986 only if they meet the requirements of Rev. Ruls.
81-35 and 81-36, 1981-1 C.B. 255, and 87-10, 1987-1 C.B. 136.
Those requirements are (1) that the Employer must specify that
the contributions, although designated as employee contributions,
are being paid by the Employer in lieu of contributions by the
employee; (2) the employee must not have the option of receiving
the contributed amounts directly instead of having them paid by
the Employer to the plan; and (3) the required specification of
designated employee contributions must be completed before the
period to which such contributions relate.]
( ) Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant %
of Earnings for the Plan Year (subject to the limitations of Article V
of the Plan) for each Plan Year that such Participant has
contributed % of Earnings or $ . Under this option, there
is a single, fixed rate of Employer contributions, but a Participant
may decline to make the required Participant contributions in any
Plan Year, in which case no Employer contribution will be made
on the Participant's behalf in that Plan Year.
( ) Variable Employer Match Of Participant Contributions.
3
The Employer shall contribute on behalf of each Participant an
amount determined as follows (subject to the limitations of Article
V of the Plan):
% of the contributions made by the Participant for the Plan
Year (not including Participant contributions exceeding % of
Earnings or $_�;
PLUS % of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but
not including Participant contributions exceeding in the aggregate
of Earnings or $ ).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or % of Earnings, whichever is
more or less.
2. Each Participant may make a voluntary (unmatched), after-tax contribution,
subject to the limitations of Section 4.05 and Article V of the Plan.
Yes No
3. Employer contributions and Participant contributions shall be contributed to the
Trust in accordance with the following payment schedule:
VI I. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
x Yes No
(b) Bonuses
x Yes No
Vill. LIMITATION ON ALLOCATIONS
If the Employer maintains or ever maintained another qualified plan in which any
Participant in this Plan is (or was) a participant or could possibly become a participant,
the Employer hereby agrees to limit contributions to all such plans as provided herein,
if necessary in order to avoid excess contributions (as described in Sections 5.02 of
the Plan).
4
1. If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, the provisions of Section 5.02(a) through (f) of the
Plan will apply unless another method has been indicated below.
( ) Other Method. (Provide the method under which the plans will limit total
Annual Additions to the Maximum Permissible Amount, and will properly reduce
any excess amounts, in a manner that precludes Employer discretion.)
2. The limitation year is the following 12-consecutive month period:
January 1 — December 31
IX. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1) the
minimum vesting requirements as noted and (2) the concurrence of the Plan
Administrator.
Years of
Service Percent
Completed Vesting
Zero 100 %
One %
Two %
Three %
Four %
Five %
Six %
Seven %
Eight %
Nine %
Ten %
X. Loans are permitted under the Plan, as provided in Article XIII:
x Yes No
XI. The Employer hereby attests that it is a unit of state or local government or an agency
or instrumentality of one or more units of state or local government.
XII. The Plan Administrator hereby agrees to inform the Employer of any amendments to
the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or
abandonment of the Plan.
5
XIII. The Employer hereby appoints the ICMA RC as the Plan Administrator pursuant to the
terms and conditions of the ICMA RC GOVERNMENTAL MONEY PURCHASE PLAN
& TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
XIV. The Employer hereby acknowledges it understands that failure to properly fill out this
Adoption Agreement may result in disqualification of the Plan.
XV. An adopting Employer may rely on an advisory letter issued by the Internal Revenue
Service as evidence that the Plan is qualified under section 401 of the Internal
Revenue Code.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on this
day of , 2006.
EMPLOYER ICMA RC
By: By:
Title: Title:
Attest: Attest:
6
'AGLI,PRIM CL I EN"I'SV11o71)\0I NIPP,AA4 DOC
ATTACHMENT TO THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT 401(A) PLAN
GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST ADOPTION
AGREEMENT
Section VI.I. Fixed Employer Contributions With Or Without Mandatory
Participant Contributions.
A. The Employer shall contribute on behalf of each Participant Up to 3% of
Earnings for the Plan Year(subject to the limitations of Article V of the Plan).
Mandatory Participant Contributions
❑ are required
❑ are not required
to be eligible for this Employer Contribution.
B. Notwithstanding Section 4.03 of the Plan, each Employee eligible to
participate in the Plan shall be given the opportunity to irrevocably elect to
participate in the Mandatory Participant Contribution portion of the Plan by
electing to contribute 1% - 20% of the Employee's Earnings to the Plan for each
Plan Year(subject to the limitations of Article V of the Plan. The Employer shall
"pick-up" this contribution in accordance with Code section 414(h)(2). These
contributions shall be accounted for in the Participant Contribution Account, and
shall be nonforfeitable by the Participant at all times.
Newly eligible employees shall be provided an election window of 60
days from the date of initial eligibility during which they may make the election
to participate in the Mandatory Participant Contribution portion of the Plan.
Participation in the Mandatory Participant Contribution portion of the Plan
shall begin the first of the month following the end of the election window.
If the employee does not make an election in the initial year of eligibility, the
election to participate in the Mandatory Participant Contribution portion of the
Plan El may
❑ may not
be made in a later year. If a later election is allowed, an annual election window
of 60 days shall be provided during which the election may be made.
The election window shall run from November lst to December 30th .
Participation in the Mandatory Participant Contribution portion of the Plan shall
begin the first of the year following the year of the election.
An Employee's election is irrevocable and shall remain in force until the
Employee terminates employment or ceases to be eligible to participate in the
Plan. In the event of re-employment to an eligible position, the Employee's
original election will resume. In no event does the Employee have the option of
receiving the pick-up contribution amount directly.
Section VI.Z. Each Participant may make a voluntary (unmatched), after-tax contri-
bution, subject to the limitations of Section 4.05 and Article V of the Plan.
Yes x No
Section VI.3 . Employer contributions and Participant contributions shall be contributed
to the Trust in accordance with the following payment schedule:
Ri-weekly
Eligible Participant is defined as:
x All Participants,
Participants within_(insert number) years of Normal Retirement
Age, or
Other: (define class of
Participants).
Employer Signature Date
Title: Attest:
Accepted: ICMA Retirement Corporation
By:
Title:
Attest: