HomeMy WebLinkAbout8 MOU IBEW 1245 Agenda Item # 8
TRUCKE
ACTION
To: Board of Directors
From: Michael D. Holley
Date: May 07, 2008
Subject: Approve a Side Letter to the Memorandum of Understanding with
IBEW Local 1245 Union
1. WHY THIS MATTER IS BEFORE THE BOARD
Only the Board can make amendments to the IBEW 1245 Memorandum of
Understanding.
2. HISTORY
The Union filed grievances with the District regarding the promotional process in
2003. There have been numerous attempts to come to agreement on a revised
process for internal promotions.
3. NEW INFORMATION
Management and the Union have come to an agreement on the promotional
process. The side-letter agreement to the MOU is attached. With adoption of this
settlement agreement, the Union will withdraw the outstanding grievances and the
District will agree to follow the promotional process outlined in the agreement for
future internal Union job openings.
4. FISCAL IMPACT
There is no direct fiscal impact to this proposal.
5. RECOMMENDATION
Approve and adopt the proposed amendment to the Memorandum of Understanding.
Michael D. Holley, General Manager
April 7, 2008
Dennis Syfer
Assistant Business Manager
IBEW Local 1245
30 Orange Tree Circle
Vacaville, CA 95687
Dear Mr. Syfer:
This Letter of Agreement between Truckee Donner PUD and IBEW Local Union
1245 will serve to amend Section 16.3 of the Memorandum of Understanding,
and resolve the water inspector grievances. Following are the terms of the
agreement.
Section 16.3 Job Vacancy Procedure
Replace Section 16.3 (b) with the following.
16.3 (b)
(1) For the purpose of this section, Departmental Group Seniority shall be
defined as the total length of service in one (1) Department. Departmental
Group Seniority shall be used in determining the preferred bidder within that
Departmental Group, except in filling vacancies for positions identified in
Section 16.3 (b) (3).
(2) In filling vacancies, the District shall post the vacancy per Section 16.4. Upon
the completion of a written, physical, and/or practical test, the vacancy shall
be filled by the candidate meeting the District's minimum qualifications and
Departmental Group Seniority. If there are no qualified Departmental bidders,
then upon completion of a written, physical, and/or practical test, the
candidate shall be appointed based upon seniority with the District. The
following positions shall be subject to the requirements specified in Section 16.3
(b) (2).
Electric Department
Journeyman
Lead Lineman (Seniority for this position will be based on time spent as a
Journeyman Lineman or higher at TDPUD)
Apprentice Lineman
Groundman
Electrician Meter Tech
Water Department
Customer Service Supervisor
Work Order Supervisor
Meter Reader Coordinator
Support Services
Auto Mechanic
Buyer Clerk
Power Supply
Mapping Tech
Section 14.4 Grievance Procedure Steps:
Add Step 4 (b);
Step 4 (a): The employee, or an employee organization official if desired by the
employee, shall refer the issue to Advisory Arbitration within twenty (20) working
days after receipt of the District's response in the foregoing step. The parties
shall cooperate in the prompt appointment of an Advisory Arbitrator. If the
parties fail to agree upon the Advisory Arbitrator, either party, upon written
request to the other, may request the Federal Mediation and Conciliation
Service to provide the parties a panel of seven (7) Arbitrators. Upon receipt of
such panel the parties will proceed promptly to select an Advisory Arbitrator by
alternately striking one name from the panel. The last remaining shall serve as
the Advisory Arbitrator. The Advisory Arbitrator shall make a written
recommendation to the Board of Directors with respect to the issue submitted
for arbitration. The Board of Directors shall issue a final written decision within ten
(10) days of the receipt of the recommendation. The cost of Arbitration shall be
equally borne by the District and the referring party, except each party shall
assume the cost of their presentations.
The following rules shall apply at the arbitration; Oral evidence shall be taken
only on oath or affirmation. Each party shall have the right to call and examine
witnesses, to introduce exhibits and to cross-examine opposing witnesses on any
relevant matter even though the matter was not covered in the direct
examination. If the employee does not testify in employee's own behalf,
employee may be called and cross-examined. The hearing shall not be
conducted according to technical evidence rules. Any relevant evidence shall
be admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs, regardless of its admissibility
in civil actions. Hearsay evidence, otherwise inadmissible in civil actions, may be
used for the purpose of supplementing or explaining other evidence, but shall
not be sufficient in itself to support a finding.
The District will agree to changing the joky titles and job descriptions for the
Electric and Water Planner/Estimator to Lead Water/Electric Inspectors. The job
descriptions will be rewritten and it must be understood that Other duties as
assigned" will especially apply during the slower construction months.
The existing Water Planner classification will remain in existence until the
incumbent employee voluntarily vacates the position.
If the Union and District agree to the above, the Union will withdraw the current
grievances regarding Water Inspection work.
The District will:
1 . Fill the Electric Lead Inspector position.
2. Fill the Water Foreman position.
3. Create and fill an Electric Foreman position.
4. Fill Substation Lineman position.
These positions will be posted within two weeks of ratification of this letter
agreement by the TDPUD Board and the Union.
If you agree with the proposed action set forth above please so indicate by
signing in the space below.
Very truly yours,
Michael D. Holley, P.E.
General Manager
I agree to the proposed action as set forth above.
Dennis Syfer
Assistant Business Manager
I BEW Local 1245