HomeMy WebLinkAbout#8 Labor Agreement Agenda Item # 8
Public Utility District
CONSENT
To: Board of Directors
From: Nancy Waters
Date: December 02, 2009
Subject: Consideration of 2010-2011 Labor Agreements
1. WHY THIS MATTER IS BEFORE THE BOARD
Only the Board can approve labor agreements.
2. HISTORY
The three-year Memorandum of Understanding (MOU) with the IBEW 1245 expires on
December 31, 2009. The MOU sets the wages, benefits and other terms and
conditions of employment with the District. The MOU covers all employees of the
District that are paid hourly wages and are not exempt from overtime pay. A
committee was appointed to negotiate these items for the 2010-2011 contract term.
Unrepresented employees are salaried employees of the District. The General
Manager negotiates the wages, benefits and other terms and conditions of
employment for this group on an annual basis.
3. NEW INFORMATION
The negotiating committee has reached tentative agreement (TA) for a new 2-year
MOU with the IBEW 1245. This agreement was discussed with the Board in closed
session on November 4th and November 18th. The members of the union voted and
approved the TA on November 19th.
A summary of the economic changes to the 2010-2011 MOU are:
• 2010 Wages - 0% change; 2011 - 3% COLA increase
• District will make additional 0.25% match to the employees SIP 457 or 401(a)
plan
• Electricians Salary Range changed from 32 to 34
• Water Certification incentives increased from $300 to $350
Non-economic changes include:
• Add Lasik surgery to covered vision expenses
• Allow vision benefit or cost to carryover for one subsequent year
• Increase maximum number of compensation time hours earned from 32 to 48
per year
• Limit the number of vacation leave hours accrual
• Update disciplinary action language
• Language clarification on temporary upgrades, job vacancies, and work hours
and schedules.
A copy of the package that was approved by the Union is included as Attachment 1.
The "red-lined" version of the current MOU is included as Attachment 2.
The General Manager met with the Unrepresented group of employees to discuss
their 2010-2011 labor agreement. These changes were discussed with the Board in
closed session on November 18th.
A summary of the unrepresented agreement includes:
• 2010 wages: 0%; 2011 - COLA to be determined by August 2010 CPI
• Additional 0.25% match to employee's 457 or 401(a) SIP plan
• Exchange existing birthday holiday for equal value of District contribution to to
SIP plan (0.4%)
• Add Lasik surgery to covered vision expenses
• Allow vision benefit or cost to carryover for one subsequent year
4. FISCAL IMPACT
There are sufficient funds in the approved FY10 and FY11 budgets to pay for these
items.
5. RECOMMENDATION
1. Approve and authorize the Board President to sign the 2010-2011 MOU with the
IBEW 1245
2. Approve the agreement with the TDPUD Unrepresented Employees
3. Adopt the Resolution (Attachment 3) amending District Code Title 4 to reflect the
changes applicable to Unrepresented employees
4. Authorize the Board President to sign an amendment to the ICMA 401(a) plan
amending the amount of the District match
- - ,h.
Mary Cha an Michael D. Holley
Administrative Services Manager General Manager
Attachment 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 1245
This Memorandum of Understanding
dated January 1, 2010, has been amended
on the following dates:
May 1, 1967
May 1, 1968
May 1, 1969
May 1, 1970
May 1, 1971
May 1, 1972
May 1, 1973
May 1, 1974
June 1, 1975
June 1, 1976
December 1, 1978
December 1, 1979
December 1, 1980
December 1, 1981
January 1, 1983
January 1, 1984
January 1, 1985
January 1, 1988
January 1, 1991
January 1, 1995
January 1, 1996
January 1, 2000
January 1, 2003
January 1, 2006
January 1, 2007
January 1, 2010
TITLE 1
PREAMBLE AND MANAGEMENT RIGHTS
1.1 This Memorandum of Understanding(hereinafter referred to as Memorandum)entered into
by the Truckee Donner Public Utility District(hereinafter referred to as the District)and Local
Union 1245 of the International Brotherhood of Electrical Workers(hereinafter referred to as
the Union), has as its purpose the promotion of harmonious relations, cooperation, and
understanding between the District and the Union; the establishment of an equitable and
peaceful procedure for resolution of differences;and agreement as to rates of pay, hours of
work, and other terms and conditions of employment.
1.2 The welfare of the public depends upon the loyal and efficient work and service of all
employed or associated with the District in any capacity;and, individually and collectively all
are expected to use their influence and best efforts to protect the properties of the District
and its service to the public and to cooperate in promoting and advancing the welfare of the
District and in preserving the continuity of its services to the public at all times.
1.3 Except insofar as modified by this agreement, the management and control of the District
and of the employees employed therein shall remain the sole right, responsibility and
prerogative of the District.
1.4 The management of the work of the District, the direction of the work and the right to plan
and control District operations and make and enforce reasonable work rules is reserved
exclusively in the District, provided that such rights will not be inconsistent with the terms of
this agreement.
1.5 Management rights and prerogatives are not subject to delegation in whole or in part,except
that the same shall not be exercised in a manner inconsistent with, or in violation of, any of
the specific terms and provisions of this agreement.
1.6 There shall be no strikes, work stoppages, interruption or impeding of work. No officer or
representative of the Union shall authorize, encourage, aid or condone any such activities.
No employee shall participate in any such activities. The employerwill not conduct a lockout
against employees.
1.7 There shall be no discrimination, restraint or coercion against any employee because of
membership in the Union.
1.8 The District reserves the right to reassign positions within the same classification.
1.9 Disclaimer: Headings, Titles and Subsections are descriptive subdivisions utilized to
separate the Memorandum of Understanding for identification purposes only and are not to
be used for the purpose of interpreting either the intent or the meaning of language of any
section.
1.10 Neutral Gender: Any gender specific changes or eliminations made to the Memorandum of
Understanding sections, effective January 1, 1991,are not intended to change the context of
the language other than to neutralize the genders.
1 2010-2011 MOU
TITLE 3
CONDITIONS OF EMPLOYMENT
3.1 Seniority: Seniority is defined as a regular employee's continuous length of service with the
District since the most recent date of hire. An employee will not attain seniority during a
probationary period but will, upon satisfactory completion of the probationary period, be
granted seniority from the date of hire as a probationary employee. Seniority will be broken
when (a) an employee is discharged with cause; (b) an employee voluntarily terminates
employment; (c) an employee has been laid off for more than twelve (12) consecutive
months; or(d)an employee does not return from a leave of absence at the required time.
3.2 Probationary Period: New regular employees will be hired on a trial basis and will be
assigned to a probationary status for a period of six (6) months. During the probationary
period, an employee who is terminated by the District will not have recourse to the grievance
procedure except for issues as to discrimination because of Union activities.
3.3 Status: Employees are designated, at the discretion of the District,as to whether their work
is expected to be:
(a) full-time and regular;
(b) part-time and regular;
(c) full-time and temporary;
(d) part-time and temporary, or
(e) seasonal employees.
3.4 Definitions:
(a) A regular position is one which has been established and is expected to last for an
indefinite period.
(b) A temporary position is one which is utilized for a limited time not to exceed six (6)
months.
(c) A full-time position is one having a scheduled work week of five (5) eight (8) hour
periods.
(d) A part-time position is one having a scheduled work week with less than forty(40)hours.
This could result from being regularly scheduled to work less than five (5) days in a work
week or less than eight(8) hours on work days.
(e) A seasonal position is one which has been regularly established and is expected to be
filled each year, for a portion of the year, to meet the seasonal fluctuations in the District's
work load.
The District will not utilize seasonal, part-time and/or temporary positions to dilute the
number of full-time regular positions.
3.5 Part-time Regular:
(a) Employees designated as part-time regular,who are normally scheduled to work twenty
3 2010-2011 MOU
and to each employee of the District.
(d)The District shall not design job qualifications so as to unreasonably limit eligibility.After
the District has created a new or redesigned bargaining unit job classification, it will meet
and confer with the Union over the wage for that classification.
3.9 Work Assignments: While it is management's intent to schedule work and assign
personnel in such a manner as to achieve maximum utilization of the respective employee's
abilities, and while it is management's intent to encourage an employee's progression
upward in the same line of work, it is recognized and agreed that conditions which affect
District operations will require flexibility in work assignment to permit cross-training and to
stabilize the workload among departments. It is therefore also recognized and agreed that
as conditions require, management will assign, and employees will perform, within their
ability, duties which may not be within the usual scope of classification responsibilities for a
period not to exceed six(6) months.
3.10 Inherent Responsibilities: Inherent in each job classification are, but not limited to, the
responsibilities to(a)occasionally perform duties within the employee's abilities of the next
higher classification in order to become qualified for advancement in the event of a job
vacancy;and, (b)accept overtime work in order to maintain,and/or restore, District services.
3.11 (Deleted 1/1/06)
3.12 Employee Competency: (See Title 16.2)
3.13 Residency: Emergency Service Response Employees(Electric and Water Department Field
Classifications)may be required to reside within reasonable commute boundaries as solely
determined by the District. (A reasonable commute is where you can report for work within
45 minutes of being contacted. This includes the Reno area but does not include any area
west of Donner Summit. See map for guidelines.)
3.14 Bargaining Unit Work: Non-bargaining unit employees may perform work usually assigned
to employees in IBEW 1245 bargaining unit classifications only under the following
circumstances:
(a) When such assignments are not made for the deliberate purpose of reducing the
number of employees performing work within bargaining unit classifications
(b) When historical assignments are recognized by the parties with respect to overlapping
duties of non-bargaining unit classifications and bargaining unit classifications.
(c) Such work assignments other than as described in (a)and (b)above shall be limited to
work performed in:
(1) Emergency situations.
(2) Training of employees and demonstrating work methods.
(3) Incidental assistance and de minimis assignments.
(d) The parties recognize that there are some duties of bargaining unit classifications which
are quasi-supervisorial. During the temporary absence of a bargaining unit employee with
quasi-supervisorial duties, the District may assign the quasi-supervisorial duties to another
bargaining unit employee without upgrade or to a non-bargaining unit classification if the
5 2010-2011 MOU
TITLE 4
WORKING HOURS
4.1 Definitions:
(a) Calendar Work Week: The calendar work week and the payroll period shall be the
same. These periods will begin at 00:00 AM on Saturday and end at 24:00 PM Friday.
(b) Scheduled Work Week: Five (5) consecutive eight(8) hour scheduled work periods
and two (2) designated days off, within a calendar work week, will constitute a normal
scheduled work week.
(c) Work Day: Twenty-four(24) consecutive hours beginning at midnight and ending at
midnight the following day, will constitute the normal work day.
(d) Work Period: Eight(8) regularly scheduled hours during a work day will constitute the
normal work period.
(e) The District and Union by mutual agreement may establish work schedules commonly
known as four tens,five and four nines and/or other flexible schedules.The establishment of
such alternate work schedules may apply to individuals or groups of employees, and not
necessarily to all employees of the District or all employees in a department. Said work
schedules may also apply to certain time frames or seasons, and not necessarily to the
entire work year. Any agreement to establish such alternate work schedule may be
terminated by Union or District, by giving five working days notice to the other party,thereby
returning to the normal work schedule as set forth in this MOU.
4.2 Scheduling Work Periods: The District will meet and confer with the Union with respect to
changes in work period scheduling. The existing work schedules are:
(a) 7:30 AM to 4:00 PM—Monday through Friday for Support Services, Electric and Water
Field Crews, with a thirty(30) minute lunch period.
(b) 8:00 AM to 4:30 PM—Monday through Friday for Buyer and Meter Readers with a thirty
(30) minute lunch period.
(c) 7:00 AM to 4:00 PM—Monday through Friday for the Accounting Supervisor,with a sixty
(60) minute lunch period.
(d) 8:00 AM to 5:00 PM — Monday through Friday for Customer Services, Credit and
Collections, Billing, Finance and Administration, Power Supply/GIS, and Conservation with
a sixty(60) minute lunch period.
(e) Exceptions to the above schedule may be accomplished on a temporary basis (not to
exceed ten (10)working days) if agreeable to the supervisor and the employees involved.
4.3 Enabler: Notwithstanding any provision contained herein, any schedule of days and/or
hours of work may be established by written agreement between the Union and the District.
Additionally, the District and individual employees may agree upon additional schedules of
work hours provided (1)the schedule change is temporary or of a defined duration, and (2)
the District promptly notifies the Union of the schedule.
7 2010-2011 MOU
5.5 Supplemental Standby
(a) General
(1) Employee on normal standby will be the first called. Employees on supplemental
standby will be called for OT before other employees.
(2) Employee normally on standby who chooses to stay in District provided hotel will
follow the procedure(s) in (c) below.
(3) Supplemental standby will be voluntary.
(4) District will make an effort to call and offer supplemental standby to all qualified
employees not currently on duty.
(5) District will notify employee of expected duration of supplemental standby. This
does not prevent District from modifying duration.
(6) For supplemental standby M-F,for each 24-hour period the District will follow the
OT list.
(b) Employee who lives within the Town of Truckee
(1) Employee is not required to stay in District provided hotel and will follow the
policy in (c) below.
(c) Employee who chooses to stay in District provided hotel.
(1) Will received the applicable standby pay as defined in Title 5, Sections 5.1-5.4
plus three(3)hours for the time on supplemental standby. The employee will be
able to engage in personal pursuits and is free to come and go from the hotel.
(2) Employee will follow the normal meal practices as per Title 8, Section 8.2 of the
MOU. In addition,the employee will receive meals or meal allowances per 8.2(e)
while on supplemental standby.
(3) District may require the employee to report for duty between 7am-5pm, at the
applicable OT rate per Title 6 of the MOU.
9 2010-2011 MOU
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.
(fl 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.
(g) Not withstanding any other provision contained herein,when an employee travels to or
from a site for purposes of attending training or a conference, and said travel is occurring
outside the employee's normal work hours, said employee shall be compensated at the
straight time rate of pay not to exceed four(4) hours on a calendar day.
6.6 Rest Periods:
(a) Any employee who has worked sixteen(16)hours in any consecutive 24 hour period will
be entitled to a rest period of nine (9) consecutive hours.
(b) Should a rest period extend into an employee's regularwork hours the employee may be
required to report for work at the end of the rest period for the remainder of that regularwork
period. The employee will, in such event, be paid the straight-time rate of pay for that portion
of the nine (9) hour rest period which overlaps the employee's regular work period.
(c) If, when an employee is eligible for a rest period, the District requires the employee to
continue work into the regular work period, the employee will be paid at two (2) times the
regular straight-time rate for all hours worked until the employee is given a rest period of
nine (9) consecutive hours.
(d) If an employee becomes eligible for a rest period and is called back to work during the
nine(9)hour rest period,the employee will be paid at two(2)times the regular straight-time
rate for all hours worked until said employee has been relieved from duty for at least nine(9)
consecutive hours.
11 2010-2011 MOU
TITLE 8
EXPENSES
8.1 Transportation: At the discretion of the District, transportation will be furnished all
employees in the performance of their duties as prescribed. When, however, an employee
is asked to use personal means of transportation for District business, employee will be
reimbursed at the then current tax exempt mileage rate established by the IRS, but in no
event less than $1.00 per day.
8.2 Meals:
(a) If the District requires an employee to perform work on a work day and such work begins
two hours but not less than forty-five minutes prior to the employee's regular starting time, it
will provide the employee with a meal. In the event such work continues into the employee's
regular work hours, the District shall also provide the employee's lunch.
(b) If the District requires an employee to perform work on a work day for two (2) hours or
more beyond regular quitting time, it will provide a meal. Thereafter, meals will be provided
at intervals of four(4) hours for the duration of said work(so long as such work continues).
It is understood that work efforts sometimes continue past the time a meal is due. Meals and
the time to eat them will be provided upon completion of the work effort. Notwithstanding any
other provision of this agreement allowing the rounding of time to the nearest one-half hour,
for purposes of this subsection, no rounding will result in qualification for a meal.
(c) If the District calls out an employee to work on a non-work day or after being released on
a work day, it shall provide a meal allowance every four(4)hours while such work continues.
(d) If overtime work has been pre-scheduled by the end of the previous work day, meal
allowances shall be provided as set forth in Section (a)and (b)above.
(e) The meal allowance is twenty (20) dollars for all meals (excluding tax and tip).
Employees shall be billed for any cost exceeding the approved amounts. If such billings are
not paid by the employee within thirty (30) calendar days after receipt of said billings, the
District shall have the right to deduct such amounts from the employee's paycheck.
(f) The time necessary to consume any such meal up to one half (1/2) hour will be
considered as work time.
(g) If an employee who is entitled to meals at the District's expense does not accept any
such meal,the District will, nevertheless, allow the employee one half(1/2)hour with pay in
addition to the appropriate allowance for such meal.
(h)On call employees will be issued a credit card to be used for overtime meals earned.The
District will set the card limits and parameters for use of these cards and has the right to
revoke any credit card at any time. Employees will report usage as instructed by the District.
(1) On-Call Meal Interruption Benefit:
An employee who is called-out shall be eligible for the meal interruption benefit as defined
below:
1)The benefit applies only to unscheduled call outs.
2)The on-call employee will not be paid for'/2 hour to eat the meal
3)The meal periods and benefit amount for purpose of the meal interruption benefit
are defined as:
13 2010-2011 MOU
TITLE 9
LEAVE OF ABSENCE - UNPAID AND PAID
9.1 Personal Leave: An unpaid leave of absence will be granted to a regular employee for
urgent substantial personal reasons provided that adequate arrangements can be made to
take care of the employee's duties without undue interference with the normal routine of
work. Such leave will not be granted if the purpose for which it is requested may lead to the
employee's resignation.
9.2 Military Leave: A regular employee who leaves employment with the District to enter the
military service or other service where re-employment rights are protected by law will be
granted a "leave of absence"without pay.
9.3 Unpaid Medical Leave: The District General Manager may grant regular employees an
unpaid medical leave of absence after the expiration of paid disability leaves as provided in
Title 12, and after expiration of all accumulated vacation. The District may, in its discretion,
require satisfactory written medical evidence of personal illness priorto granting such leave,
and during such leave the District may require satisfactory written medical evidence of
continuing disability,at regular intervals. The cost of obtaining the medical evidence shall be
borne by the employee. If an employee has accumulated greater than four(4) months of
paid personal disability leave and/or vacation leave, then the employee may use all
accumulated personal disability leave and vacation leave. Otherwise, in no event shall an
employee's use of paid personal disability leave, vacation time, and unpaid medical leave
extend more than four(4)months, unless the District General Manager determines to grant
additional unpaid medical leave, and the General Manager shall do so only in unusual cases
involving exceptionally compelling medical circumstances, when it appears clear that the
inconvenience and expense caused by the employee's continued absence will be
outweighed by the benefit of the employee's eventual return to work. Any grant of unpaid
medical leave shall be in writing and shall specify the ending date of such leave. Failure of
the employee to return to work at the end of unpaid medical leave shall be grounds for
discipline, including discharge.
9.4 Bereavement Leave: 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.
9.5 Jury Duty: A regular employee will be paid straight time salary if a leave of absence is
occasioned by a call to jury duty or by a subpoena to appear as a witness in administrative,
civil or criminal cases, unless the employee's testimony is against the District's interest;
however, any pay in excess of$5.00 received as a juror, except mileage expense, will be
paid directly to the District by the employee.
9.6 Military Training: For a maximum period of two weeks in any one calendaryear,the District
will make up the difference between normal salary and regular military and longevity pay
when a regular employee is on active duty for training with any of the military services, the
Coast Guard, or National Guard.
15 2010-2011 MOU
TITLE 10
VACATION
10.1 Eligibility: Full-time regular employees who have satisfactorily completed six(6)months of
continuous service will accrue vacation leave from the most recent date of hire.
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 15 years of continuous service 21
(e) After completing 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
This provision is contingent on District-wide application. Any enhancements or
improvements shall apply District wide. This application shall pertain solely to Title 10.2 and
shall not be precedent setting.
(1) New employees that are hired as full-time and regular will be given forty(40)hours
of vacation leave at the start of employment, in addition to the regular vacation leave
accrual per section 10.2.
10.3 Consecutive Days: All vacations will be taken on consecutive days, in no less than weekly
increments, unless otherwise agreed to by the District and the employee.
10.4 Termination: Any employee who leaves District employment before taking the employee's
regular scheduled vacation will be entitled to receive full pay for any accrued vacation.
10.5 Vacation Scheduling: Vacation leave may be scheduled by mutual agreement between
management and employees. A sign-up sheet shall be posted in the District offices from
November 15 to December 15 of each year. During this time, employees may designate
their choice of vacation periods for the twelve-month period beginning on January 1 of each
year. Whenever possible,the conflicting or overlapping employee vacations which are listed
on the sign-up sheet from November 15 to December 15 shall be resolved on the basis of
seniority. If, during the November 15 to December 15 timeframe, any employees fail to
designate their choice of vacation time,then the scheduling of their vacation shall be based,
not on seniority, but on a first-come-first-served basis.
17 2010-2011 MOU
TITLE 11
SAFETY
11.1 Tools: The District will furnish all hand tools and any specialized safety devices necessary
to perform an employee's assigned duties. Every effort will be made by the employee to
maintain them in good condition because an employee's safety is dependent upon the
employee's equipment.
a) In lieu of providing boots and specialized clothing, the District will issue an annual check
in the amount of $425 to each employee currently assigned to positions that have
traditionally received such items.
(1) In the event the District reassigns any employee to perform duties which require
boots and/or specialized clothing and that employee has not received the benefit as
described in Section 11.1(a), the District will provide all necessary boots and/or
specialized clothing.
(2) The clothing allowance for any employee designated by the District, as a backup
Meter Reader shall be $425 for the year said employee was designated as such. For
each successive year with this designation the backup Meter Reader shall receive
$212.50. If in any year the backup Meter Reader receives more then 1040 hours of
upgrade to Meter Reader the clothing allowance for that year shall be $425.
b)When the District is required to provide safety glasses to any employee and the employee
requires prescription lenses in his or her safety glasses, the cost of the exam used to
determine the prescription shall be limited and part of the benefit set forth in section 19.2(I).
11.2 Safety Meetings: Safety meetings will be prepared and conducted during the course of
regular working hours by a person designated by management. Approximately two (2)
regular working hours each month will be allowed for this purpose.
11.3 Safety Responsibilities: The District will make reasonable provisions for the safety of
employees in the performance of their work. Employees will jointly cooperate in promoting
the responsibility of the individual employee with regard to the prevention of accidents.
11.4 Safety Committee: The safety rules of the state having jurisdiction shall be observed by the
parties hereto. It is recognized that the employer has the exclusive responsibility for
providing a safe and healthful work place. To assist the employer in maintaining an effective
and continuing safety program, a permanent joint safety committee shall be established,
consisting of two (2) members appointed by the Union and two (2) members appointed by
the District Manager. The safety committee shall be granted four(4) hours per month to
meet during normal business hours to conduct its business. Every six (6) months it will
conduct a walk-around safety inspection of District premises and will recommend, in writing
to the Manager, any corrective measures it deems necessary. It is understood that such
committee shall serve in an advisory capacity only and will in no way assume any
responsibility for the safe operation of the District.
11.5 Safety Rules: The District reserves the right to draft reasonable safety rules for employees
and to insist on the observance of such rules.
19 2010-2011 MOU
TITLE 12
PERSONAL DISABILITY LEAVE & INDUSTRIAL DISABILITY LEAVE
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.
12.2 Eligibility and Accrual: Full-time regular employees 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.
(a) Personal Disability Leave Incentive Plan: If you have low personal disability leave use, you
can exchange personal disability leave for its cash equivalent according to the following schedule.
Eligible employees are permanent full-time employees who work a full payroll year. The credit is
granted after year end according to the following schedule:
Prior Year's Personal Personal Disability Leave
Disability Leave Usage Credit Conversion
Zero (0)days Two (2)days
One (1) day One (1)day, four(4) hours
Two (2)days or less One (1)day
Three (3) days or less Four(4) hours
12.3 Evidence of Disability: The District may require satisfactory evidence of any disability
before leave will be granted. For any disability leave in excess of five(5)working days, the
District may require satisfactory written medical evidence of continuing disability, at regular
intervals.
12.4 Abuse of Disability Leave: If the District believes that an employee may be abusing the
disability leave provisions,the District shall counsel said employee regarding its concern. If
the employee continues to use disability leave in a manner that concerns the District, the
District may place the employee on disability leave probation, as described in Section 12.5.
In determining whether an employee has abused the disability leave provisions, the District
shall not consider any conduct prior to January 1, 1985; nor shall the District consider any
conduct that occurred more than two (2) years prior to the time at which the District is
investigating possible abuse by an employee. If a grievance is filed by an employee in
response to counseling regarding abuse of disability leave, the District shall not place the
employee on Disability Leave Probation until Step 3 of the grievance procedure (Title 14)
has been completed.
12.5 Disability Leave Probation: Disability Leave Probation shall extend for whatever period of
21 2010-2011 MOU
TITLE 13
RIGHT TO REPRESENTATION
13.1 Right to Representative: If District management conducts an investigatory interview with
an employee and a significant purpose of the interview is to obtain facts to support discipline
that is probable or that is being seriously considered, then if the employee requests,
employee shall be entitled to have a Union representative present during such investigatory
interview. Upon request by an employee, District management shall either permit a Union
representative to be present or discontinue the investigatory interview. This right shall not
apply to situations in which the employee is merely given instructions,training, correction of
work techniques, a warning, or when discipline is imposed without the employee being
questioned by District management in order to obtain facts to support discipline of the
employee. This Section 13.1 is intended to be a restatement of current State law,and is not
intended to enlarge the rights granted by current State law.
23 2010-2011 MOU
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.
(b)This disciplinary appeal procedure may be utilized by all bargaining unit employees who
have been disciplined by the District (excluding written reprimands) and for disputed
employee promotions.
If the Union is not satisfied with the General Manager's response in step 3 of the grievance
procedure,they may move the matter to arbitration by filing a request for arbitration in writing
with the General Manager. To be timely, the request for arbitration must be received within
fourteen calendar days of the date of the General Manager's decision.
As soon as reasonably possible after the matter has been referred to arbitration,the parties
or their designated representatives shall confer regarding the selection of the arbitrator. If
agreement cannot be reached,the parties shall request a panel of seven arbitrators from the
California State Mediation and Conciliation Service.The parties or their representatives shall
alternately strike from the SMCS list until one name remains and that person shall serve as
the Arbitrator.
At the Arbitration hearing, both sides shall be represented by the person of their choice and
shall be solely responsible for the costs associated with the presentation of their case
including but not necessarily limited to the costs associated with their representative and
witnesses. The costs and fees associated with the Arbitrator and court reporter shall be
divided evenly between the parties.
The decision of the Arbitrator shall be final and binding, however,the Arbitrator shall have no
authority to add to, modify or delete any provisions of the labor agreement between the
parties.
Note: An employee disputing a penalty of a suspension without pay in excess of five (5)
days pay during a twelve(12)month period, or a discharge shall forego Step 1 and 2 of this
procedure.
25 2010-2011 MOU
TITLE 16
EMPLOYMENT STANDARDS AND JOB VACANCIES
16.1 Preamble: The District shall determine the work to be accomplished in providing services to
the customers of the District, and may set written standards of reasonable performance.
The District retains the right to organize and direct the work and to determine job
descriptions.
16.2 Employee Competency: The District is the judge as to competency and fitness of
prospective employees for promotion or transfer,and of the satisfactory performance of work
by any employee.
16.3 Consideration:
(a) In determining qualifications of an employee or prospective employee for appointment,
transfer, promotion, or demotion,the District may employ such oral,written or practical tests
provided any test used shall be job performance related. To the extent that the District
chooses to use written testing to determine qualifications for employment, and recognizing
that job related tests are difficult to prepare with current District staff, the District shall use
mutually agreed upon third party testing services to the extent practical. Notwithstanding the
foregoing, other tests may be utilized by agreement between the District and the Union.
(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).
(b)(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
Water Service Technician
Water Leadman (Seniority for this position will be based on time spent as a Water
Service Tech or higher at TDPUD)
Technician in Training
Helper I
Helper 11
27 2010-2011 MOU
16.4 Notice of Vacancy:
(a)When new positions are created, additional positions are created, temporary positions
are reclassified as regular,or any vacancy occurs other than a temporary position as defined
in Section 3.4 (b) of the MOU, the District shall post the positions available. Such notice
shall set forth the number of vacancies, the classifications, the job descriptions, the
qualifications required, tests required, the rate of pay and the closing date for receipt of
applications. Clerical positions shall be posted identifying the Department in which the
vacancy occurs. Any employee as defined in Section 3.4 (a) (c) and (d) may apply for
consideration in the filling of such vacancies and the District shall accept for consideration
any application received prior to 4:30 PM on the closing date. Employees will have at least
forty-eight(48) hours excluding Saturdays, Sundays and holidays in which to apply
(b) During the last two weeks of January each year, the District will post notice that the pre-
bid lists are open for each bargaining unit position at the District. Employees will have 10
working days to sign the pre-bid lists located in the Human Resources office.
For the purposes of bidding, employees will be considered to have bid a position if they have
signed the pre-bid list that year should a position become open. The pre-bid list will be
effective until the next pre-bid lists are issued.
(c) Within 30 days of a vacancy of a permanent position, the District will either post the
position or notify the Union in writing that the position will not be filled.
16.5 Employee Appointments:
(a)Employees appointed to a new classification within the District shall have a period of ten
(10)working days to elect to return to their previous classification and wage rate.
(b) Regular employees who are appointed to fill vacancies shall be placed on
probation/initial orientation in the new position for a period of three(3)months. At any time
during this period either the employee or the District may terminate the appointment.
Employees in a probationary/initial orientation status are ineligible to bid other vacancies.
16.6 Terminated by Employee: If the appointment is terminated by the employee,the employee
may, if qualified,fill the vacancy created by the coincidental promotion of another employee
or in the alternative shall be either: (1) returned to employee's previous classification and
wage rate provided that a vacancy exists; (2) transferred to some other classification
mutually satisfactory to both the employee and the District provided a vacancy exists; or,(3)
laid off with rehire rights as provided for in Section 15.3.
16.7 Terminated for Unsatisfactory Performance: If the appointment is terminated because of
unsatisfactory performance,the same considerations as provided for in Subsection 16.6 will
apply. In lieu of layoff,the employee may, if qualified, elect to follow the demotion procedure
set forth in Title 15.3(b).
16.8 Position Eliminated: If the appointment is terminated because the position is eliminated,
the employee's status will be determined by employee's seniority and qualifications as
provided for in Title 15, Section 15.3.
16.9 Notice of Filling:
(a) If the District receives no applicants for a job posting, the District will, within five (5)
29 2010-2011 MOU
TITLE 17
DISCIPLINARY ACTIONS
17.1 The principal objectives of this policy are to promote orderly job conduct and the longer
range development of a goal-oriented and productive personnel team, help ensure compliance with
state and federal laws, and to establish the procedural means of protecting employment rights of
employees.
The effect of this policy should be:
• The reduction of involuntary terminations.
• The avoidance or minimizing of misunderstandings between supervisory and non-
supervisory personnel.
• Ensuring that personnel are provided with notice of unacceptable conduct in sufficient time
to permit self-correction and improvements.
• Ensuring that documentation is maintained and available to support management's position
in the event of discriminatory charges.
Definition -The term discipline will be understood as meaning "a state of orderliness" such as in a
"disciplined team"or in a"disciplined performance." Therefore,disciplinary action is action taken to
maintain an orderly way of imposing sanctions to remedy unacceptable employee performance.
Causes for Disciplinary Action-The following are examples of conduct for which discipline may be
imposed. This list is merely a summary. It is not exhaustive and discipline may be imposed for
misconduct not set forth below:
1. Improper or unauthorized use or abuse of sick leave;
2. Excessive absenteeism;
3. Being absent without authorization; repeated tardiness or leaving without authorization.
4. Violation of District policies, rules or procedures;
5. Insubordination, disobedience, or failure to carry out any reasonable order;
6. Acceptance of gifts or gratuities in connection with or relating to the employee's duties;
7. Any conduct which is harmful to the orderly conduct of business,the safety of employees
or equipment, or which adversely affects the employee's ability to perform his/her job;
8. Falsifying information related to employment application, payroll or any other work
related record or report;
9. Discourteous or inappropriate treatment of the public or District employees;
10. Violation or neglect of safety rules or common safety practices;
11. Theft, dishonesty, or fraud;
12. Physical altercations or acts of aggression;
13. Engaging in discriminatory or harassing behavior in violation of state/federal laws and/or
District policy;
14. Substandard or inadequate job performance, including failure to perform assigned tasks
or training, or failure to discharge duties in a prompt, competent, and reasonable
manner;
15. Violation of the District's policies regarding drugs, alcohol, and/or tobacco use;
16. Careless, negligent, or improper use of District property, equipment or funds, including
unauthorized removal, or use for private purpose, or use involving damage or
31 2010-2011 MOU
3. Suspension—The suspension is a District ordered absence from duty without pay for a specified
period of time, and generally, but not always, follows a previous verbal and written warning.
4. Reduction in Pay—Reduction in pay is a temporary reduction in salary to a lower salary step for a
specified maximum period of time. The employee does not have sudden stoppage of income and
may be able to have the reduction lifted by good performance. The department does not lose the
services of the employee.An individual should have been warned or reprimanded prior to taking this
action to advise him or her that his or her performance is not acceptable.
5. Demotion —A demotion is a permanent change in classification of an employee to a position of
lower responsibility and pay for unsatisfactory performance or disciplinary reasons. No employee
shall be demoted to a position for which he or she does not possess the minimum qualifications;the
employee's new duties must be consistent with those described in the job description.
6. Last Chance Agreement—At the discretion of the General Manager, a last chance agreement
may be entered into with the employee, the bargaining unit if appropriate, and the District. This
agreement is a possible alternative to termination. The agreement, signed by all parties, will state
the steps or conditions that the employee is required to follow or meet to continue his or her
employment with the District.
7. Termination/Discharge
Termination is the most severe form of disciplinary action. This course of action may result, for
example,from an employee's violation of the District's"Causes for Disciplinary Actions,"or due to an
accumulation of various violations. This action is normally one of last resort, and shall only be taken
when management is thoroughly satisfied that the employee has been given every reasonable
opportunity to meet performance or behavior standards and clearly failed to do so.
Pre-Disciplinary Proceedings:
A public employee has certain procedural protections called"Skelly"rights before serious discipline
(i.e., a reduction in pay or suspension of more than five(5)working days) may be imposed. Before
such discipline is imposed, the employee has the option to request an administrative meeting with
the District whereby the employee (with or without his/her representative) may respond to the
charges with facts and/or other information which he/she wishes the District to consider in deciding
whether or not to proceed with the proposed discipline.
The requirements of the Skelly procedure are satisfied as follows:
1. The employee receives advance notice of the proposed disciplinary action.
2. The notice states the reasons for the proposed action.
3. The notice contains the charges upon which the proposed action is'based.
4. The employee is allowed access to any materials upon which the proposed action is based.
5. The employee is afforded the right, either orally or in writing, or both, to respond to the
proposed charge(s) and the proposed disciplinary decision.
Skelly Notice
The notice requirements of Skelly are as follows:
1. The Skelly notice shall be in writing.
2. The letter shall set a date, time and place for the employee to respond to the charges if
33 2010-2011 MOU
TITLE 18
INCLEMENT WEATHER PRACTICE
18.1 General: Employees who are unable to work in the field because of inclement weather or
other similar causes will receive pay for the full day provided they have reported for duty.
However, they may be held pending emergency calls and may be given first aid, safety, or
other instructions. In addition, they may be required to perform miscellaneous work in
warehouses or other sheltered locations. Temporary employees under the same conditions
will receive pay for the time worked or held on District property or when ordered to standby.
They will not be paid in any event for less than four(4) hours.
18.2 Determination of Weather Conditions: Management will determine weather conditions
that warrant cessation of outside work. In arriving at a decision, the following will be taken
into account:
(a) Employee safety.
(b) Operating requirements.
(c) Undue hazards.
(d) Service to the public.
(e) Job site working conditions.
(f) Anticipated duration of time required to leave unfinished job in a safe condition.
(g) Anticipated duration of inclement weather.
(h) Distance from job site to operating headquarters.
(1) Any other pertinent factors which, in management's opinion, should be taken into
account in reaching a decision relative to stopping or continuing work.
35 2010-2011 MOU
b)Section 20938 Limit prior service to members employed on contract date.
c)Section 21024 Military service credit as public service.
d) Section 21536 Local system service credit included in basic death benefit.
e) Section 21540.5 Special death benefit for local miscellaneous members.
f) Section 20965 Credit for unused sick leave.
g)Section 21548 Pre-retirement optional settlement 2 Death Benefit
h)Section 21022 Public service credit for periods of layoff.
i) Section 21023.5 Public service credit for Peace Corps or Americorps
j) Section 21027 Military service credit for retired persons.
2) After the unfunded liability or Amortized Bases is paid off,the employees will have an
option to continue to pay the 3%employee contribution and convert to the 2% @ 55
Plan or discontinue the 3% employee contribution and stay on the 2% @ 60 Plan.
The District will provide to employees in their annual Benefits Summary the current
CalPERS unfunded liability actuarial.
3) Employees that were enrolled in the prior pension plan(pre 8-24-04—known as the
Richardson Defined Benefit Plan) before membership with CalPERS, have a pre-
retirement death benefit. If an employee dies prior to retirement, the District will pay
to his or her beneficiaries, the amount of the unfunded liability(as of 8-24-04)from
the prior plan plus interest (6% per annum). Each employee's unfunded liability
amount has been recorded and maintained in their personnel file.
4) The District will provide a 401(a) or 457 plan with employer match of 100% up to
3.25% of employee's wage.
(h) Personal Disability Leave Sell Back: After an employee has accumulated 600 hours of
sick leave, the employee can sell back to the District sick leave over 600 hours at a rate of
50% of base pay.
(i)Vision Plan: The District will provide as follows:
The District will provide an annual benefit up to $400.00 per covered employee, spouse,
registered domestic partner or dependent. The benefit will be to cover the expenses of
examination, lenses, frames or contact lenses, Lasik or other vision improvement related
procedures when recommended by a physician or optometrist.
Any unused portion of the annual benefit or employee incurred cost(not exceeding $400)
may be carried over to the next subsequent year.
0) NRECA Group Dental: The District will furnish the NRECA R&C 80 Dental Plan. This
plan will pay 100%of the reasonable and customary charges for preventive and diagnostic
services and 80%of the reasonable and customary charges for basic services. There is no
deductible. The plan will also pay 50% of the reasonable and customary charges incurred
for major services; however, each covered individual must first satisfy a $50 annual
deductible (the first $50 of reasonable and customary charges incurred for major dental
services during a calendar year). This plan will not pay more than $2,000 per person in a
calendar year for all preventive, diagnostic, basic and major services received. (No
orthodontic benefits are included in this plan.
(k) Post Retirement Medical and Dental Benefits:
(1) The plan is the same as the current employees' medical plan except for a $500
deductible per person compared to a $400 deductible per person for employees. It is
37 2010-2011 MOU
19.3 Longevity:
(a) Schedule: In recognition of an employee's years of service completed by
December 31 of any year,the following annual longevity compensation schedule will
be recognized:
UPON COMPLETION OF YEARS OF AMOUNT OF COMPENSATION
SERVICE
5 years $250
6 years $270
7 years $290
8 years $310
9 years $330
10 years $350
11 years $370
12 years $390
13 years $410
14 years $430
15 years $450
16 years $470
17 years $490
18 years $510
19 years $530
20 years $550
21 years $570
22 years $590
23 years $610
24 years $630
25 years $650
etc. etc.
After completion of five (5) years of service employees will receive $250. Continuing years of
service shall qualify for a $20 per year addition to this figure for the entire term of employment.
(b) Payment: Longevity payments will be made as soon as possible after the first pay
period, but not later than the last day of January of the calendar year for those employees
who are eligible.
(c) Governing Date: The date from which the employee was employed full time (regular
and continuous employment) shall be the governing date.
19.4 Continuing Negotiations: During the term of the Memorandum,the District and the Union
agree to meet periodically for the purpose of discussing a program of cost containment and
maintenance of benefit levels concerning the benefits listed in Sections 19.1 and 19.2
19.5 Tools:
a)Allowance: Notwithstanding the provisions of Section 11.1 of the agreement,automotive
mechanics are required to provide their own set of hand tools and boxes necessary to
perform their jobs. The District will provide to the mechanics an allowance up to $700 per
annum, payable upon presentation of approved invoices, for lost, misplaced, damaged or
worn tools through normal wear or new tools which may be available to enhance the
39 2010-2011 MOU
TITLE 20
CLASSIFICATIONS AND WAGE RATES
The use of masculine or feminine genders or classifications herein will be construed
as including both genders and not as limitations
20.1 Pay Period: District employees shall be paid bi-weekly.
20.2 Wage Range Placement:
(a) Employees moving into a classification having a higher wage range than their current
classification shall be placed in the wage step closest to, but not lower than, their current
wage rate.
(b) Employees moving because of lack of work or health reasons into a classification having
a lower wage range than their current classification shall be placed in the wage step closest
to, but not higher than, their current wage rate. For reasons other than provided for in the
foregoing, employees will be placed in the wage step commensurate with applicable skills,
knowledge and abilities.
20.3 Time Intervals: Step progression, as specified, represents the expected rate of
advancement. A step increase may be withheld if an employee is not making satisfactory
progress; in such event, the employee will be advised in writing as to the basis for denial.
20.4 General Wages I: Wage schedule for 2010 and 2011 (Exhibit A)
Effective January 1, 2011, all employees will receive a 3% general wage increase.
20.5 Position Reclassification: If the District reclassifies a position to a lower paying position,
the incumbent employee's wage shall be frozen until such time as the lower wage catches
up to the frozen wage. From that point on, the incumbent employee shall benefit from any
general wage adjustments that are negotiated.
20.6 Incentive for Water Certification: Employees within the water department (above the
Tech in Training level)will receive$350.00 per year per certification above what is required
within theirjob description, limited to Water Department personnel only,two certificates per
employee. This applies only to state treatment, distribution and cross connection specialist
certifications. Paid in a lump sum in January each year.
41 2010-2011 MOU
TRUCKEE DONNER PUBLIC UTILITY LOCAL UNION 1245
DISTRICT INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS AFL-CIO
Dated: Dated:
President, Board of Directors Tom Dalzell
IBEW Business Manager
Michael D. Holley Patrick Waite
General Manager Business Representative
Stephen Hollabaugh Mark Mehler
Assistant General Manager Negotiating Committee Member
Nancy Waters Mike Connell
Human Resources Administrator Negotiating Committee Member
Tami McCollum
Negotiating Committee Member
Ed Atkins
Negotiating Committee Member
Steve Murphy
Negotiating Committee Member
43 2010-2011 MOU
Attachment 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 1245
This Memorandum of Understanding
dated January 1,201007,has been amended
on the following dates:
May 1, 1967
May 1, 1968
May 1, 1969
May 1, 1970
May 1, 1971
May 1, 1972
May 1, 1973
May 1, 1974
June1, 1975
June1, 1976
December 1, 1978
December 1, 1979
December 1, 1980
December 1, 1981
January 1, 1983
January 1, 1984,
January 1, 1985
January 1, 1988
January 1, 1991
January 1, 1995
January 1, 1996
January 1,2000
January 1,2003
January 1,2006
January 1,2007
January 1,2010
TITLE 1
PREAMBLE AND MANAGEMENT RIGHTS
1.1 This Memorandum of Understanding(hereinafter referred to as Memorandum)entered into
by the Truckee Donner Public Utility District(hereinafter referred to as the District)and Local
Union 1245 of the International Brotherhood of Electrical Workers(hereinafter referred to as
the Union), has as its purpose the promotion of harmonious relations, cooperation, and
understanding between the District and the Union;the establishment of an equitable and
peaceful procedure for resolution of differences;and agreement as to rates of pay,hours of
work,and other terms and conditions of employment.
1.2 The welfare of the public depends upon the loyal and efficient work and service of all
employed or associated with the District in any capacity;and,individually and collectively all
are expected to use their influence and best efforts to protect the properties of the District
and its service to the public and to cooperate in promoting and advancing the welfare of the
District and in preserving the continuity of its services to the public at all times.
1.3 Except insofar as modified by this agreement,the management and control of the District
and of the employees employed therein shall remain the sole right, responsibility and
prerogative of the District.
1.4 The management of the work of the District,the direction of the work and the right to plan
and control District operations and make and enforce reasonable work rules is reserved
exclusively in the District,provided that such rights will not be inconsistent with the terms of
this agreement.
1.5 Management rights and prerogatives are not subject to delegation in whole or in part,except
that the same shall not be exercised in a manner inconsistent with,or in violation of,any of
the specific terms and provisions of this agreement.
1.6 There shall be no strikes,work stoppages, interruption or impeding of work. No officer or
representative of the Union shall authorize,encourage,aid or condone any such activities.
No employee shall participate in any such activities. The employer will not conduct a lockout
against employees.
1.7 There shall be no discrimination, restraint or coercion against any employee because of
membership in the Union.
1.8 The District reserves the right to reassign positions within the same classification.
1.9 Disclaimer: Headings, Titles and Subsections are descriptive subdivisions utilized to
separate the Memorandum of Understanding for identification purposes only and are not to
be used for the purpose of interpreting either the intent or the meaning of language of any
section.
1.10 Neutral Gender: Any gender specific changes or eliminations made to the Memorandum of
Understanding sections,effective January 1,1991,are not intended to change the context of
the language other than to neutralize the genders. Formatted:Font lo Pt
Formatted:Font 10 pt 1
—._........._....--- -----._._.........--- ..........
Formatted:Font:10 Pt
.1 ----------------------- .. ea .........____w s.._
2010 2011 MOU
period,an employee who is terminated by the District will not have recourse to the grievance
procedure except for issues as to discrimination because of Union activities.
3.3 Status: Employees are designated,at the discretion of the District,as to whether theirwork
is expected to be:
(a) full-time and regular;
(b) part-time and regular;
(c) full-time and temporary;
(d) part-time and temporary,or
(e) seasonal employees.
3.4 Definitions:
(a) A regular position is one which has been established and is expected to last for an
indefinite period.
(b) A temporary position is one which is utilized for a limited time not to exceed six (6)
months.
(c) A full-time position is one having a scheduled work week of five (5) eight(8) hour
periods.
(d) A part-time position is one having a scheduled work week with less than forty(40)hours.
This could result from being regularly scheduled to work less than five(5)days in a work
week or less than eight(8)hours on work days.
(e) A seasonal position is one which has been regularly established and is expected to be
filled each year,for a portion of the year,to meet the seasonal fluctuations in the District's
work load.
The District will not utilize seasonal, part-time and/or temporary positions to dilute the
number of full-time regular positions.
3.5 Part-time Regular:
(a) Employees designated as part-time regular,who are normally scheduled to work twenty
(20)hours or more during a work week,shall be entitled to sick leave, holidays,vacation,
bereavement leave, jury duty and military training, except that the above enumerated
benefits shall be accrued at a rate determined by dividing the hours per week they are
normally scheduled by forty(40).
(b) Employees designated as part-time regular as defined above shall be entitled to the
benefits described in Title 19.2,the District's rate of contribution to be determined by dividing
the hours per week they are normally scheduled by forty(40). However,the employee must
satisfy the eligibility requirements of any plan listed in Title 19.2.
(c) Part-time regular employees shall receive the same working conditions offered for full- Formatted:Font: pt
time regular employees. Part-time regular employees shall be eligible to advance to the next ----------- - 1
Formatted Font 10 pt
wage step upon being paid for one thousand forty(1,040)hours. ----tted: -- ----------
{Formatted:Font:10 pt
3
2007 2010 2011.MOU
as conditions require, management will assign, and employees will perform, within their
ability,duties which may not be within the usual scope of classification responsibilities for a
period not to exceed six(6)months.
3.10 Inherent Responsibilities: Inherent in each job classification are, but not limited to, the
responsibilities to(a)occasionally perform duties within the employee's abilities of the next
higher classification in order to become qualified for advancement in the event of a job
vacancy;and,(b)accept overtime work in order to maintain,and/or restore,District services.
3.11 (Deleted 111106)
3.12 Employee Competency: (See Title 16.2)
3.13 Residency:Emergency Service Response Employees(Electric and Water Department Field
Classifications)may be required to reside within reasonable commute boundaries as solely
determined by the District.(A reasonable commute is where you can report for work within
45 minutes of being contacted.This includes the Reno area but does not include any area
west of Donner Summit.See map for guidelines.)
3.14 Bargaining Unit Work: Non-bargaining unit employees may perform work usually assigned
to employees in IBEW 1245 bargaining unit classifications only under the following
circumstances:
(a) When such assignments are not made for the deliberate purpose of reducing the
number of employees performing work within bargaining unit classifications
(b) When historical assignments are recognized by the parties with respect to overlapping
duties of non-bargaining unit classifications and bargaining unit classifications.
(c) Such work assignments other than as described in(a)and(b)above shall be limited to
work performed in:
(1) Emergency situations.
(2) Training of employees and demonstrating work methods.
(3) Incidental assistance and de minimis assignments.
(d) The parties recognize that there are some duties of bargaining unit classifications which
are quasi-supervisorial. During the temporary absence of a bargaining unit employee with
quasi-supervisorial duties,the District may assign the quasi-supervisorial duties to another
bargaining unit employee without upgrade or to a non-bargaining unit classification if the
duties can be performed in less than four hours in a work day.
3.15 Temporary Upgrades
(1)General Rules
(a)
When an employee governed
by this agreement is temporarily assigned to a higher classification,the employee shall {Formatted:Font:10 pt
be paid the next higher rate applicable to the higher classification for all time actually
Formatted Font 10 pt 1
worked;however,in no case will an employee be temporarily upgraded to the rate of a ! -' - = --- ------- -----
Formatted:Font:10 pt
5
;007 2010 2011.MOU
If an electric foreman is responsible for
supervising more than four electric line crew not counting the foreman then a second
foreman will be assigned to the crew.If a second foreman is not available an additional
emplovee shall be upgraded to electric foreman.
to LeadMaR.
(a)Upgraded o nle eG must be weF;kiR(,l+h same Its h .+ I /' &8s r p/�r O n
(f)Said UpgFaded employee shall Fesume hiS ROrmal duties and Fate of pay as seen as
the URavailable employeeis aaga-in available fGF duty. The upgraded per-SOR shall b
fereMaR d
these GOnditiORS Will FBMarR GFeW speGifiG and the employee upgFaded will be the
odes to Leadman f QRe Day-or Legs on the WateF
(.+)enhed led Tem ,.ar I I a.+ to I .+ f A4nr- hen One Day on the tnr +
TITLE 4 Formatted:Font:10 pt
WORKING HOURS
Formatted Font 10 pt 1
Formatted:Font:10 pt
zap a 201 MOU
hours of work may be established by written agreement between the Union and the District.
Additionally,the District and individual employees may agree upon additional schedules of
work hours provided(1)the schedule change is temporary or of a defined duration,and(2)
the District promptly notifies the Union of the schedule.
TITLE 5
STANDBY
5.1 Scheduled Work Days: The standby period for a scheduled work day will be fifteen and
one-half(15 1/2) hours extending from 4:00 p.m. to 7:30 a.m. the next day. When an
employee is assigned to standby on a scheduled work day,such employee will be paid three
(3)hours at the straight time rate of pay for each fifteen and one-half(15 1/2)hour period or
any portion thereof.
5.2 Scheduled Days Off: The standby period for a scheduled day off will be twenty-four(24)
hours extending from 7:30 A.M.on the scheduled day off to 7:30 A.M.the next day. When
an employee is assigned to standby on a scheduled day off,including recognized holidays,
such employee will be paid five(5)hours at the straight time rate of payfor each twenty-four
(24)hour period or any portion thereof.
5.3 Availability: Although employees are not required to standby at home,they must remain in
the District, or within paging/electronic communication distance, and make all necessary
arrangements to enable them to report for work within forty five (45) minutes of the first
contact by means of telephone and/or pager.
5.4 Overtime:
(a) When an employee is assigned to standby and is called out to work during the standby
period, said employee shall be paid a rate equal to twice the straight time rate of pay in
addition to standby pay. When an employee is on standby and is able to respond to a
problem simply by conveying information over the telephone,and does not need to respond
to the scene of the problem,said employee shall be entitled to receive fifteen minutes of pay
at the rate of two times the straight time rate of pay.
(b)Notwithstanding any provision contained herein,an employee shall be entitled to fifteen
(15)minutes at the appropriate overtime rate when responding to telephone service inquiries
from the answering service/customer.This provision applies only to situations in which a
problem is resolved by telephone;it does not entitle employees to automatically include an
additional 15 minutes in all overtime call-outs. Furthermore,this provision does not entitle
employees to receive more than 15 minutes pay for more than one phone call handled in a
consecutive 15-minute period.
(c)Overtime(standby)
The District may place a standby employee on a rest period when after a discussion with the
District,shop steward or if a steward is not available a foreman, and the effected standby
employee, it is determined by the District that the standby employee has worked enough
hours that a rest is needed.While the standby employee is on a rest period,standby shall be
assigned to another employee.Both employees will be paid the standby rate rounded up to
a full day at the applicable standby rate. Formatted:Font:lo pt
r Formatted Font 10 Pt -_.......--.----...._......1
(1)Standby employees may request a determination by the District for assignment to a `----------=----= --
Formatted:Font:10 pt
9-- __ „ ............._.__. _ _
2010 2011�MOU
another job or jobs prior to returning home from the initial call without a break in work time,it
will be considered as a single call-out.
6.4 Overtime Distribution: There will be equal opportunity for overtime among qualified and
available employees in each department.
6.5 Basic Overtime Rates:
(a) Except as otherwise provided below, overtime compensation will mean a rate of pay
equivalent to one and one-half(1 1/2)times the regular straight-time rate of pay.
(b) Employees will be paid overtime compensation at the rate of pay equivalent to two(2)
times the regular straight-time rate for all time worked in excess of twelve(12)consecutive
hours.
(c) Employees will be paid overtime compensation at the rate of pay equivalent to two(2)
times the regular straight-time rate for all time worked between 11:00 PM and 6:00 AM.
Additionally,employees will be paid overtime compensation at the rate of pay equivalent to
two times the regular straight time rate for all call out overtime worked.
(d) Employees will be paid overtime compensation at the rate of pay equivalent to two(2)
times the regular straight-time rate for all time worked on Sundays and holidays.(Amended
11/30/98)
(e) Employees may elect to accrue and use aad use up to testy-twa{3 fortv-eight (48
is hours per calendar year of compensatory time off.Such time shall accrue as hourfor
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.
fL—All_compensatory time taken_ must_have_prior approval by management. _ Formatted:Font:sold
Compensatory time off will not be approved if overtime must be worked to cover it. { Formatted:Indent:Left: o.s^
(f) Employees with less thaR ten (10)yeaFs of�erv'Ge may elect to aGGrue and use an
(g) Not withstanding any other provision contained herein,when an employee travels to or
from a site for purposes of attending training or a conference, and said travel is occurring
outside the employee's normal work hours, said employee shall be compensated at the
straight time rate of pay not to exceed four(4)hours on a calendar day.
6.6 Rest Periods:
(a) Any employee who has worked sixteen(16)hours in any consecutive 24 hour period will Formatted:Font:10 pt
be entitled to a rest period of nine(9)consecutive hours. rr Formatted:Font:lo pt
t--_rm
`Formatted:Font:10 pt
inn-2010-2011.MOu
is asked to use personal means of transportation for District business, employee will be
reimbursed at the then current tax exempt mileage rate established by the IRS, but in no
event less than$1.00 per day.
8.2 Meals:
(a) If the District requires an employee to perform work on a work day and such work begins
two hours but not less than forty-five minutes prior to the employee's regular starting time,it
will provide the employee with a meal. In the event such work continues into the employee's
regular work hours,the District shall also provide the employee's lunch.
(b) If the District requires an employee to perform work on a work day for two(2)hours or
more beyond regular quitting time,it will provide a meal.Thereafter,meals will be provided
at intervals of four(4)hours for the duration of said work(so long as such work continues).
It is understood that work efforts sometimes continue past the time a meal is due.Meals and
the time to eat them will be provided upon completion of the work effort.Notwithstanding any
other provision of this agreement allowing the rounding of time to the nearest one-half hour,
for purposes of this subsection,no rounding will result in qualification for a meal.
(c) If the District calls out an employee to work on a non-work day or after being released on
a work day,it shall provide a meal allowance every four(4)hours while such work continues.
(d) If overtime work has been pre-scheduled by the end of the previous work day, meal
allowances shall be provided as set forth in Section(a)and(b)above.
(e) The meal allowance is twenty (20) dollars for all meals (excluding tax and tip).
Employees shall be billed for any cost exceeding the approved amounts. If such billings are
not paid by the employee within thirty(30)calendar days after receipt of said billings,the
District shall have the right to deduct such amounts from the employee's paycheck.
(f) The time necessary to consume any such meal up to one half (1/2) hour will be
considered as work time.
(g) If an employee who is entitled to meals at the District's expense does not accept any
such meal,the District will,nevertheless,allowthe employee one half(1/2)hourwith pay in
addition to the appropriate allowance for such meal.
(h)On call employees will be issued a credit card to be used for overtime meals earned.The
District will set the card limits and parameters for use of these cards and has the right to
revoke any credit card at anytime,Employees will report usage as instructed by the District.
(1)On-Call Meal Interruption Benefit:
An employee who is called-out shall be eligible for the meal interruption benefit as defined
below:
1)The benefit applies only to unscheduled call outs.
2)The on-call employee will not be paid for'%hour to eat the meal
3)The meal periods and benefit amount for purpose of the meal interruption benefit
are defined as:
7:00 to 7:30 AM, $20.00 Formatted:Font:10 pt
12:00 to 12:30 PM, $20.00 Formatted:Font:10 pt
{Formatted:Font:10 pt
,13 _._..
2010 2011 MOU
employee's resignation.
9.2 Military Leave: A regular employee who leaves employment with the District to enter the
military service or other service where re-employment rights are protected by law will be
granted a"leave of absence"without pay.
9.3 Unpaid Medical Leave: The District General Manager may grant regular employees an
unpaid medical leave of absence after the expiration of paid disability leaves as provided in
Title 12,and after expiration of all accumulated vacation. The District may,in its discretion,
require satisfactory written medical evidence of personal illness prior to granting such leave,
and during such leave the District may require satisfactory written medical evidence of
continuing disability,at regular intervals. The cost of obtaining the medical evidence shall be
borne by the employee. If an employee has accumulated greater than four(4)months of
paid personal disability leave and/or vacation leave, then the employee may use all
accumulated personal disability leave and vacation leave. Otherwise,in no event shall an
employee's use of paid personal disability leave,vacation time, and unpaid medical leave
extend more than four(4)months,unless the District General Manager determines to grant
additional unpaid medical leave,and the General Manager shall do so only in unusual cases
involving exceptionally compelling medical circumstances, when it appears clear that the
inconvenience and expense caused by the employee's continued absence will be
outweighed by the benefit of the employee's eventual return to work. Any grant of unpaid
medical leave shall be in writing and shall specify the ending date of such leave. Failure of
the employee to return to work at the end of unpaid medical leave shall be grounds for
discipline, including discharge.
9.4 Bereavement Leave: Regular employees will be granted three(3)days bereavement leave
with pay in the event of a death in their immediate families orto 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.
9.5 Jury Duty: A regular employee will be paid straight time salary if a leave of absence is
occasioned by a call to jury duty or by a subpoena to appear as a witness in administrative,
civil or criminal cases, unless the employee's testimony is against the District's interest;
however, any pay in excess of$5.00 received as a juror, except mileage expense,will be
paid directly to the District by the employee.
9.6 Military Training:For a maximum period of two weeks in any one calendar year,the District
will make up the difference between normal salary and regular military and longevity pay
when a regular employee is on active duty for training with any of the military services,the
Coast Guard,or National Guard.
9.7 General Provisions:
(a) Except as provided for in(b)below,a regular employee's status,including any seniority
accrual, as a regular employee will not be impaired by an authorized leave of absence.
(b) While on an unpaid leave of absence, an employee will not be eligible for personal
disability leave pay,holiday pay,vacation pay or items of a similar nature. If an employee is
in a non-pay status for the major portion of the work days in a month,such employee shall Formatted:Font:10 pt _
not accrue paid leave nor be entitled to insurance coverage unless the employee pays the [Formatted:-Font 10 pt
premiums therefore in a timely manner. Formatted:Font:10 pt
•15 _ _
2007 2010-2011.MOU
seniority. If, during the November 15 to December 15 timeframe, any employees fail to
designate their choice of vacation time,then the scheduling of their vacation shall be based,
not on seniority,but on a first-come-first-served basis.
10.6 Carryover:
€«Ilow�ng##ird yeaFprQvided t#ae Distrfst g+ves-its avr+tten-approva4-ice advaF�ee #
will an employee defeF all or any portion of an aRnual YaGation leave IeRgeF than Me ye
unless the employee is unable to take suGh vaGatian by reason of indlustFial injuFy.
a Employees may accumulate up to 360 hours of vacation leave at which point the - Formatted:Font:Not sold
employee will not accrue additional hours.
b) The District at the employee's option Will compensate employees for accumulated
unused vacation leave hours up to the number of vacation hours actually taken during the
calendar year.Vacation leave will be paid at the emplovee's current rate of pay.
c) Effective 1/1/10, employees will have their existing accrued vacation hours placed in a
vacation bank Banked vacation hours at the employee's option may be used for vacation
paid out at the employee's current rate of pay(limited up to the equal amount of vacation
hours actually used during that calendar year),or left in bank until retirement or termination
from employment.
-10:.- -Retirerrrent-Bonus-{Moved-to-Titae4g.2{g]M4
TITLE 11
SAFETY
11.1 Tools:The District will furnish all hand tools and any specialized safety devices necessary
to perform an employee's assigned duties. Every effort will be made by the employee to
maintain them in good condition because an employee's safety is dependent upon the
employee's equipment.
a)In lieu of providing boots and specialized clothing,the District will issue an annual check
in the amount of $425 to each employee currently assigned to positions that have
traditionally received such items.
(1) In the event the District reassigns any employee to perform duties which require
boots and/or specialized clothing and that employee has not received the benefit as
described in Section 11.1(a), the District will provide all necessary boots and/or
specialized clothing.
(2)The clothing allowance for any employee designated by the District, as a backup
Meter Reader shall be$425 for the year said employee was designated as such. For
each successive year with this designation the backup Meter Reader shall receive
$212.50. If in any year the backup Meter Reader receives more then 1040 hours of
upgrade to Meter Reader the clothing allowance for that year shall be$425.
b)When the District is required to provide safety glasses to any employee and the employee
requires prescription lenses in his or her safety glasses, the cost of the exam used to Formatted:Font:10 pt
determine the prescription shall be limited and part of the benefit set forth in section 19.2(1). -
Formatted.Font 10 pt
Formatted:Font:10 pt
17.
2 2010-2011,MOU
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.
12.2 Eligibility and Accrual: Full-time regular employees 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.
(a)Personal Disability Leave Incentive Plan:If you have low personal disability leave use,
you can exchange personal disability leave for its cash equivalent according to the following
schedule. Eligible employees are permanent full-time employees who work a full payroll
year.The credit is granted after year end according to the following schedule:
Prior Year's Personal Personal Disability Leave
Disability Leave Usage Credit Conversion
Zero(0)days Two(2)days
One(1)day One(1)day,four(4)hours
Two(2)days or less One(1)day
Three(3)days or less Four(4)hours
12.3 Evidence of Disability: The District may require satisfactory evidence of any disability
before leave will be granted. For any disability leave in excess of five(5)working days,the
District may require satisfactory written medical evidence of continuing disability,at regular
intervals.
12.4 Abuse of Disability Leave: If the District believes that an employee may be abusing the
disability leave provisions,the District shall counsel said employee regarding its concern. If
the employee continues to use disability leave in a manner that concerns the District,the
District may place the employee on disability leave probation,as described in Section 12.5.
In determining whether an employee has abused the disability leave provisions,the District
shall not consider any conduct prior to January 1, 1985;nor shall the District consider any
conduct that occurred more than two (2) years prior to the time at which the District is
investigating possible abuse by an employee. If a grievance is filed by an employee in
response to counseling regarding abuse of disability leave,the District shall not place the
employee on Disability Leave Probation until Step 3 of the grievance procedure(Title 14)
has been completed.
12.5 Disability Leave Probation: Disability Leave Probation shall extend for whatever period of
time determined by the District,up to 180 calendar days. An employee on Disability Leave
Probation may be required to provide to the District,at the employee's expense,satisfactory
written medical evidence for every day or portion of a day on disability leave. Failure to
promptly provide such written evidence shall be grounds for discipline,including discharge.
12.6 Holidays: If a holiday falls on a workday within the disability leave period of an employee
who is entitled to paid holidays,it will not be included in the leave. Nothing within this Title Formatted:Font:io pt
will be interpreted to entitle an employee to disability leave while on vacation or layoff. Formatted:Font:to pt
Formatted:Font:to Pt
19
-- 12
_80 -2010-2011.MOU
14.1 Definition: A grievance is defined as meaning any dispute regarding the application of the
following:
(a) The terms of this Memorandum of Understanding.
(b) The discharge,demotion,or discipline of an individual employee.
(c) This procedure does not apply to instances of dissatisfaction by employees over their
wage rates once such rates have been established by action of the District's Board of
Directors following the meet and confer process. (Subsection reformatted 1991)
14.2 Representation: In initiating and prosecuting a grievance,any individual employee shall
have the right to present grievances to the District and to have such grievance adjusted
without the intervention of Union,provided that the adjustment shall not be inconsistent with
the terms of this Memorandum of Understanding, provided that Union's Business
Representative shall be given an opportunity to be present at such adjustment, and
provided,further,that grievances settled by individual employees without representation by
Union Officials shall not bind the Union to an interpretation of this Memorandum of
Understanding.
14.3 Time Limits: The time limits specified below may be extended for a reasonable period of
time to a definite date and time by the mutual consent of the involved parties. The party
requesting the time extension shall make such request in writing and submit for
consideration.Time extensions will be valid only with signed approval from both parties.The
failure by the involved employee to meet any specified applicable time limit will constitute a
withdrawal of the grievance. The failure by the involved employer representative to meet
any specified applicable time limit will entitle the involved employee to take the next step in
the grievance procedure.
14.4 Grievance Procedure Steps:
Step 1: The employee,and/or an employee organization official if desired by the employee,
shall discuss the issue with the immediate supervisor.
Step 2: The employee,or an employee organization official if desired bythe employee,shall
reduce the issue to writing and refer the matter to the General Manager of the District within
20 working days after the facts or circumstances giving rise to the grievance are available to
the employee, or in the case of disciplinary action against the employee, within ten (10)
working days after(1)the employee is given written notice of the discipline,or(2)a written
determination is made after a pre-disciplinary review,whichever date is later in time.The
written grievance shall state the facts, identify the provisions of the MOU alleged to have
been violated,and state the desired remedy. If necessary to resolve the issue,either party
may request that an informal meeting be held in order to gather pertinent information. If the
dispute is resolved, it shall be reduced to writing and jointly executed by the parties. If the
dispute is not resolved within ten(10)working days after the General Manager's receipt of
referral,then the employee shall immediately proceed to the next step.
Step 3: The employee, or an employee organization official if desired by the employee,
shall,within fifteen(15)days of the General Manager's receipt of the referral in Step 2,refer
the issue,in writing,to the District's Board of Directors. The Board shall respond,in writing, Formatted:Font:Bold
within ten(10)working days after its next regularly scheduled Board meeting.
Formatted:Font:10 pt
Step 4:Ja The employee,or an employee organization official if-desired by the_employee, {Formatted:Font_10 pt
Formatted:Font:10 pt
�21
-----------------
209 2010-2011 MOU
TITLE 15
LAYOFF AND DEMOTION PROCEDURE
15.1 Contract Work: Nothing contained herein will be construed as limiting the right of the
District to determine the methods of its operation,the amount of production,the number of
employees in total or in specific classifications of work. However,the District agrees that in
no case will it lay off employees as the result of work contracted.
15.2 Notice: When it becomes necessary to lay off employees due to lack of work,the District
will give employees concerned as much notice as possible except in the case of temporary
employees where no notice is required.
15.3 Layoff and Rehire:
(a) When it becomes necessary to reduce the work force,senior employees will be retained
provided they have the necessary skill and ability to perform the required work as evidenced
by passing a job related test and further provided they can perform the work efficiently at the
completion of the three(3)month probation/orientation period.
(b) Employees may displace junior employees in another classification, provided the
requirements in(a)above are met,prior to being laid off. Any employee displaced out of a
classification may,in turn,also exercise the foregoing option. In no event may an employee
displace another employee with more seniority.
(c) The District shall make a reasonable effort to notify employees on layoff of all job
vacancies which occur within twelve(12)months following layoff.Consideration for rehire
shall be in order of District seniority.
(d) Employees rehired in the twelve(12)month period will be reinstated with all benefits for
which they previously qualified except in the case of a temporary employee where no rehire
status is necessary.
Enabler:Both the District and the Union recognize that there will arise situations with respect
to employees displaced by new technologies or revisions of operational procedures;
therefore,by written agreement between the District and the Union,special provisions may
be substituted for the provisions of this procedure.
15.4 Journeyman: Journeymen, linemen and line working foremen who are reassigned to
apprentice work will retain journeyman status.
TITLE 16
EMPLOYMENT STANDARDS AND JOB VACANCIES
16.1 Preamble: The District shall determine the work to be accomplished in providing services to
the customers of the District, and may set written standards of reasonable performance.
The District retains the right to organize and direct the work and to determine job Formatted:Font:10 pt
descriptions. Formatted Font 10 pt 1
Formatted:Font:10 pt
,23
2010-2011.MOU
Support Services
Warehouse/,Utility Worker Formatted:Font:(Default)Anal,11 pt
Facility,Maintenance Technician Formatted:Font.(Default)Arial,11 pt
Assistant Mechanic-in-Training --1
Formatted:Font:(Default)Anal,11 pt J
- -- --- -
W 31 The following positions are not subject to Section 16.3(b)2) but tha District will Formatted:Font:(Default)Arial,11 pt
test the employees who bid for the position and meet the minimum qualifications of the Formatted:Font:(Default)Aria[,11 pt
lob description using anv combination of testinq methods includinq written oral physiral Formatted:Font:(Default)Arial,11 pt
or practical.The General Manager shall select the successful candidate This selection Formatted-Font:(Default)Arial,11 pt
shall be based on the employee ranking developed in the previous step of this process
the candidate's leadership ability,and the candidate's communication ability.
Electric Department
Lead Inspector
Electric Foreman
Construction/Maintenance Inspector
Substation Lineman
Electrica[Technician„-.-- {Formatted:Font:(Default)Anal,11 pt
Water Department Formatted:Font:(Default)Arial,11 pt
Leaq Inspector ----- Formatted:Font:(Default)Arial,11 pt
Water Foremen
---------------------------------------------------------------------------
Water Quality Technicia Inspector
F - - - -
ormatted:Font:(Default)Anal,11 pt 1
Inspector for Pipeline Construction
Contract Administrator
Administration Services
Accounting Supervisor
Billing Supervisor
Customer Service/CollectiorLSupervisor {Formatted:Font:(Default)Arial,a pt
Work Order Supervisor
Meter Reader Coordinator
Support Services
Senior,Mechanic -
(Formatted.-
ormatted Font (Default)Arial,11 pt
Buyer, ---- - - ---- -�Formatted:Font:(Default)Arial,it pt
Power Supply
Mapping Technician {Formatted:Font:(Default)Arial,11 pt
in filling vaGandes,tke - --- ._._.._ ---- --......_�
der the appointment of employees based on the
Formatted:Font:10 pt
.
Formatted.Font 10 pt 1
Formatted:Font:10 pt
,25
_ 2 2010-2011.MOU
------------------------------------------------------------
16.9 Notice of Filling:
(a) If the District receives no applicants for a job posting, the District will, within five(5)
working days, post a notice to that effect on the District bulletin boards.
(b)The District shall appoint the successful applicant to the posted position within twenty
(20)working days following the completion of the selection process as provided in Section
16.3(a).Notice of the appointment,including the name of the appointee,shall be posted on
the District bulletin boards at that time.
(c)The Union Business Representative and Shop Steward(s)shall be promptly notified of
any employee who is bypassed and the related reasons.
16.10 Employee Development Program
(a)There will be established an employee development program, the goal of which is to
assist employees to become highly competent in their current positions and to provide
guidance to them in choosing training to become qualified to move into new positions and
vacant positions which become available at the District.
(b) With respect to positions held by current District employees, the District will provide
training to the incumbent employee in order to maintain and improve performance and to
integrate preferred technologies and work processes into District operations.
(c)The District may, at its discretion,provide cross training to employees who are located
within lateral or lower positions as described in Exhibit B.The purpose of cross training is to
provide back-up support for employees so that District functions are continued during
periods of employee absence or during peak periods of need.
(d) The District shall prepare for each position a description of the training that would
enhance the skills and ability of an employee desiring appointment to that position at a future
time. Employees are encouraged to successfully complete training at their own time and
expense in order to be better prepared for positions they may be interested in applying for in
the future.
(e) It is recognized that on-the-job training and temporary upgrades are integral and
unavoidable aspects of performing routine District functions and result in an employee
having knowledge beyond his or her job classification.This knowledge and experience is
valuable to the District and may be considered in Section 16.3(b)2.
(f) The guidelines for District reimbursed expenses are as listed in the table below. All
expenses are to be pre-approved by the District as to cost,category and schedule.
Guidelines Books/Material Registration Test Travel Wages 6.5(g)
Fees
District Required Yes Yes Yes I Yes Yes Yes
Job Related/Not Required Yes Yes Yes No No No
Natural Progression Yes Yes Yes No No No
Not Natural Progression No No No No No NO Formatted:Font:10 pt
Conferences Yes Yes Yes Yes I Yes Yes {Formatted:Font:10 Pt 1
;
Formatted:Font:10 pt
,27
onm 201 22011 MOU
13.Engaging in discriminatory or harassing behavior in violation of state/federal laws and/or
District policy,
14.Substandard or inadequate mob performance including failure to perform assigned tasks
or training, or failure to discharge duties in a prompt competent and reasonable
manner:
15.Violation of the District's policies regarding drugs alcohol and/or tobacco use;
16.Careless,negligent,or improper use of District property equipment or funds including
unauthorized removal, or use for private purpose or use involving damage or
unreasonable risk of damage to property.
Progressive Discipline Procedures
The actions identified below reflect a logical progression from the least serious to the most serious
In general,a supervisor's approach to matters requiring disciplinary action will followthis progressive
approach.The first steps of the disciplinary procedure are to be regarded as corrective measures
and are to be combined with appropriate instruction which if followed would make further steps
unnecessary.The seriousness of the offense shall be taken into account by the supervisor,and the
supervisor need not necessarily proceed to the next level of disciplinary action upon the repetition of
the offense. In order for a supervisor to proceed to the next level of disciplinary action the offense
need not be a repetition of a prior offense
A Skelly meeting(as defined below)will generally precede disciplinary action involving a loss of pay.
However, suspensions of five days or less may be immediately implemented providing that the
Skelly procedure(as defined below)is then promptly followed Under certain conditions more severe
disciplinary action may immediately occur.
Forms of Disciplinary Action:
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2010 2011 MOU
7.Termination/Discharge
Termination is the most severe form of disciplinary action This course of action may result for
example,from an employee's violation of the District's"Causes for Disciplinary Actions,"or duet an
accumulation of various violations.This action is normally one of last resort and shall only betaken
when management is thoroughly satisfied that the employee has been given every reasonable
opportunity to meet performance or behavior standards and clearly failed to do so
Pre-Disciplinary Proceedings:
A public employee has certain procedural protections called"Skelly"rights before serious discipline
(i.e.,a reduction in pay or suspension of more than five(5)working days)may be imposed Before
such discipline is imposed the employee has the option to request an administrative meeting with
the District whereby the employee (with or without his/her representative) may respond to the
charges with facts and/or other information which he/she wishes the District to consider in deciding
whether or not to proceed with the proposed discipline
The requirements of the Skelly procedure are satisfied as follows:
The employee receives advance notice of the proposed disciplinary action Formatted:Bullets and Numbering 1
2. The notice states the reasons for the proposed action. ..................................-_-.._ _......_._._...----._........._..
3 The notice contains the charges upon which the proposed action is based
4. The employee is allowed access to any materials upon which the proposed action is based
5. The employee is afforded the right either orally or in writing or both to respond to the
Proposed charges)and the proposed disciplinary decision
Skelly Notice
The notice requirements of Skelly are as follows:
1. The Skelly notice shall be in writing. --------- Formatted:Bullets and Numbering
2. The letter shall set a date, time and place for the employee to respond to the charges if
he/she elects to do so. In order to allow the employee time to seek advice and to prepare
any oral or written response he/she may wish to make the date set for his/her response
should be at least five working days from the date the letter is sent The letter shall contain a
request that the employee give notice if he/she elects to waive his/her right to respond orallly.
3. The letter shall contain the notice of the proposed disciplinary action intended to be taken
4. The reasons for the proposed action must be set out.The part of the Skelly letter setting out
the misconduct with which the employee is charged must be factual so that any person
reading the letter will be able to determine the exact misconduct charged
5. The factual allegations of misconduct must specificaiiv cite the District's particular policy
and/or"Causes for Disciplinary Actions"that the employee is charged with violating.
6. The notice must advise the employee of his/her right to respond to the charges either orally
or in writing.
7. The notice must advise the employee of his/her right to representation if he/she elects to
respond.
8. The notice will advise the employee that discipline may be imposed whether or not he/she
responds to the charges.
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Skelly Meeting
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. --------------------- - -�
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--200T2010 2011.MO-U
will receive pay for the time worked or held on District property or when ordered to standby.
They will not be paid in any event for less than four(4)hours.
18.2 Determination of Weather Conditions: Management will determine weather conditions
that warrant cessation of outside work. In arriving at a decision,the following will be taken
into account:
(a) Employee safety.
(b) Operating requirements.
(c) Undue hazards.
(d) Service to the public.
(e) Job site working conditions.
(f) Anticipated duration of time required to leave unfinished job in a safe condition.
(g) Anticipated duration of inclement weather.
(h) Distance from job site to operating headquarters.
(1) Any other pertinent factors which, in management's opinion, should be taken into
account in reaching a decision relative to stopping or continuing work.
TITLE 19
EMPLOYEE BENEFIT PROGRAM
19.1 General: While this Memorandum is in effect,the District will not alter the overall level of
service or benefits of any of the programs identified below unless otherwise agreed by the
Union.
19.2 Contributions:
(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$400/$800/$1200 deductible,utilization review/cost
containment SHARE features, medical management provisions,generic drugs at$10.00,
brand name 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).The
prescription card plan is the MAC A.
(b)The District will immediately notify the Union of any notice of proposed changes provided
from NRECA.District and Union agree to meet and discuss the 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 fee. The District will
continue to fund medical insurance at the same level as their normal employment status up
to thirteen(13)weeks of disability.
(d)Cost Containment/Wellness Committee: During the course of bargaining,District and
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Union recognized a need to further expand the awareness of the rising health care costs. It J, Formatted:Font:10 pt 1
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33
onm 2010-2011.MOU
(i)Vision Plan: The District will provide as follows:
The District will provide an annual benefit up to$400.00 per covered employee, spouse,
registered domestic partner or dependent. The benefit will be to cover the expenses of
examination, lenses,frames or contact lenses,Lasik or other vision improvement related
procedures when recommended by a physician or optometrist.
Any unused portion of the annual benefit or employee incurred cost(not exceeding$400)
may be carried over to the next subsequent year.
Q)NRECA Group Dental: The District will furnish the NRECA R&C 80 Dental Plan. This
plan will pay 100%of the reasonable and customary charges for preventive and diagnostic
services and 80%of the reasonable and customary charges for basic services. There is no
deductible. The plan will also pay 50%of the reasonable and customary charges incurred
for major services; however, each covered individual must first satisfy a $50 annual
deductible(the first$50 of reasonable and customary charges incurred for major dental
services during a calendar year). This plan will not pay more than$2,000 per person in a
calendar year for all preventive, diagnostic, basic and major services received. (No
orthodontic benefits are included in this plan.
(k)Post Retirement Medical and Dental Benefits:
(1)The plan is the same as the current employees' medical plan except for a $500
deductible per person compared to a$400 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 retiree and dependent premiums paid by the
District.
(2)The benefit paid by the District is capped as listed below:
Monthly Caps
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.35... _._._._._.
Q97 2010-2011.MOU
5 years $250
6 years $270
7 years $290
8 years $310
9 years $330
10 years $350
11 years $370
12 years $390
13 years $410
14 years $430
15 years $450
16 years $470
17 years $490
18 years $510
19 years $530
20 years $550
21 years $570
22 years $590
23 years $610
24 years $630
25 years $650
etc. etc.
After completion of five (5) years of service employees will receive $250. Continuing years of
service shall qualify for a$20 per year addition to this figure for the entire term of employment.
(b) Payment: Longevity payments will be made as soon as possible after the first pay
period, but not later than the last day of January of the calendar year for those employees
who are eligible.
(c) Governing Date: The date from which the employee was employed full time(regular
and continuous employment)shall be the governing date.
19.4 Continuing Negotiations: During the term of the Memorandum,the District and the Union
agree to meet periodically for the purpose of discussing a program of cost containment and
maintenance of benefit levels concerning the benefits listed in Sections 19.1 and 19.2
19.5 Tools:
a)Allowance:Notwithstanding the provisions of Section 11.1 of the agreement,automotive
mechanics are required to provide their own set of hand tools and boxes necessary to
perform their jobs. The District will provide to the mechanics an allowance up to$700 per
annum, payable upon presentation of approved invoices,for lost, misplaced,damaged or
worn tools through normal wear or new tools which may be available to enhance the
performance of their job. Hand tools acquired by the mechanics using this allowance will
remain the property of the mechanic.
b) Insurance: No provision in Section 19.5.1 is intended to negate the District's
responsibility to furnish:1)airtools,2)specialtytools,and 3)shop equipment necessary for
the mechanic to perform his duties. In the event the mechanic has any of the above three Formatted:Font:10 pt
types of tools or equipment and agrees to use them while employed by the District, the T Formatted:Font:10 pt 1
District,in lieu of purchasing said equipment,agrees to insure or self-insu re and replace said ----- '
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,37
�nn�2010-2011.MOU
employee.This applies only to state treatment,distribution and cross connection specialist
certifications. Paid in a lump sum in January each year.
TITLE 21
TERMS OF AGREEMENT
21.1 (a)Entire Agreement: This Memorandum of Understanding constitutes the sole,entire and
existing agreement between the parties. It expresses all obligations and restrictions
imposed on each of the respective parties during the term of the agreement and supersedes
all prior agreements and understandings,expressed or implied,between the District and the
Union or its members. However,the above will not in any manner preclude the meeting and
conferring on any issues mutually selected for discussion by the parties.
This Memorandum of Understanding shall not be amended or supplemented except by
agreement of the parties hereto, reduced to writing and duly signed by each.
(b)Successor Clause:This agreement is binding upon any successor in interest,whether
by merger,acquisition,consolidation or reorganization and upon any entity which acquires
title to any property or facility covered by this agreement whether by sale, transfer or
contribution to partnership orjoint venture.Any agreement for a sale,transferor contribution
of any such property or facility or agreement for merger or acquisition of the interest of the
District in any such property or facility shall include an express assumption of this
agreement.The District shall provide the Union with notice in writing priorto the close of any
sale,acquisition,merger,consolidation,reorganization,transfer or contribution covered by
this provision, which shall include a copy of the assumption of this agreement to be
contained in any such agreement for sale,acquisition,merger,consolidation,reorganization,
transfer or contribution of any facility or property covered by this agreement.
21.2 Term: Unless otherwise specified,the MOU shall continue in full force and effect until the
last day of December, 2011W, and thereafter from year to year unless written notice of
change or termination shall be given by either party to the other during the period of
September 1 to October 31,prior to the expiration date above or the expiration date of any
year thereafter, in which event the parties will commence discussion of any proposed
amendments as soon as practicable after such notice has been given. During the period of
discussion, and until such time as any agreement is reached or impasse is reached, the
status quo will be maintained. If,after good faith negotiation,the District and Union reach an
impasse then either party may contact the State Mediation and Conciliation Service to assist
in reaching final agreement.
21.3 Conflict of Law: Any provision of this MOU which may be in conflict with any governing law,
governing regulation,or governing executive order,shall be suspended and inoperative to
the extent of and for the duration of such conflict. The balance of the MOU,however,shall
remain in full force and effect. Whenever any provision of this MOU is effected as set forth
above, either party may, by giving thirty (30) days written notice to the other, open
negotiations on the subject of the affected provisions.
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_ gnn7 2010-2011.MOU
Attachment 3 ! •
�.
DistrictU- Public Utility :--t
Resolution No. 2009 - XX
ADOPTING AMENDMENTS TO THE DISTRICT CODE
TITLE 49 PERSONNEL
WHEREAS, the Board of Directors of the Truckee Donner Public'' Utility District wishes to
amend the District Code Title 4, Personnel; and
WHEREAS, the District Code provides rules and regulations 'intended to convey a
comprehensive description of the manner in which the District operates, and serves its
customers and employees; and
WHEREAS, periodically, the District Code should be reviewed and updated to conform to
District Board directives, new applicable laws and regulations and improvements; and
WHEREAS, the revisions to Title 4 Sections 4.7.2, 4.7.4, 4.7.7 will update the District's
personnel policies and will replace all preceding resolutions in Title 4 Section 4.7.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the
amended District Code, Title 4 Personnel, Section 4.7 Employment Benefits, Holidays and
Leaves, Exhibit "A".
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District in a meeting duly called and held within said District on the second day of December
2009 by the following roll call vote:
AYES:
ABSTAIN:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
President of the Board
ATTEST:
Michael D. Holley, Clerk of the Board
._,
4.7 EMPLOYMENT BENEFITS,HOLIDAYS,AND LEAVES -�� Formatted:Top: 0.8",Bottom: 0.6"
4.7.1 The policies in Chapter 7 shall apply to all regular employees of the District who are not covered by
a Union Memorandum of Understanding.
4.7.2 Insurance Plans
Group Medical Insurance Plan: 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$400/$800/$1200
deductible,utilization review/cost containment SHARE features,medical management provisions,generic
drugs at$10.00,brand name drugs at$15.00,mail service prescription drug program.
Group Dental Plan: The District will furnish the NRECA R&C 80 Dental Plan. This plan will pay 100%of
the reasonable and customary charges for preventive and diagnostic services and 80%of the reasonable
and customary charges for basic services. There is no deductible. The plan will also pay 50%of the
reasonable and customary charges incurred for major services;however,each covered individual must
first satisfy a$50 annual deductible(the first$50 of reasonable and customary charges incurred for major
dental services during a calendar year). This plan will not pay more than$2,000 per person in a calendar
year for all preventive,diagnostic,basic and major services received. (No orthodontic benefits are
included in this plan).
Vision Plan: The District will provide an annual benefit up to$400 per covered employee or dependent.
The benefit will be to cover the expenses of examination,lenses,frames or contact lenses,Lasik or other
vision improvement related procedures when recommended by a physician or optometrist.
Any unused portion of the annual benefit or icurred cost(not exceeding$400 may be carried over to the
next subsequent year.
Group Life Insurance Plan: The District will furnish"term insurance"equal to three(3)times the annual
salary for each employee.
Long-term Disability Plan: The District will furnish long-term disability coverage of a monthly benefit equal
to 66 2/3%of the employee's monthly base earnings,with a maximum monthly benefit of$15,000 after
the 13 week elimination period.
4.7.4 Supplemental Income Plans
The District will provide a 401(a)or 457 plan with employer match of 100%up to 3.65% of employee's
wage.
4.7.7 Holidays
Following are the recognized paid holidays for all regular management employees:
New Years Day January 1
Presidents Day third Monday in February
Memorial Day last Monday in May
Independence Day July 4
Labor Day first Monday in September
Veterans Day November 11
Thanksgiving Day fourth Thursday in November
Day after Thanksgiving fourth Friday in November
Christmas Eve December 24
Christmas Day December 25
€MPleyee'S Bi#kadaY €mplayee's birthday
Exhibit"A"