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RES 1983-38 - Board
RESOLUTION NO, 83 38 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE EXECUTION OF THE MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 WHEREAS, negotiations have been completed between the Truckee Donner Public Utility District and Local 1245 of the International Brotherhood of Electrical Workers, hereinafter referred to as "IBEW" ; and WHEREAS, the District' s Special Counsel, John Phelps of Porter, Simon and Graham, has presented the proposed agreement for final consideration by the Board of Directors; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: That the Board of Directors does hereby authorize the President and Clerk to execute the Memorandum of Understanding between the parties for the p eriod January 1, 1983 through December 31, 1983 , a copy of which is attached hereto as Exhibit "A" . IF BE IT FURTHER RESOLVED that all affected employees be paid III accordance with the terms of the new Memorandum of Understanding as of January 1, 1983 , within five working days of passage of this Resolution. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility district at a meeting held within said District on the 20th day of June , 1983 by the following roll call vote: AYES: Hamiltont Maass, VanLanding hamr Kuttel and Corbett. NOES: None- ABSENT: None- TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: /J HN CGRBETTr President ATTEST: Susan M. Craig, Deputy District Clerk t M E M O R A N D U M OF U N D E R S T A N D I N G BETWEEN TRUCKEE-DONNER PUBLIC UTILITY DISTRICT AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS UNION LOCAL NO, 1245 January 1 , 1983 through December 31 , 1983 bit CONTENTS Title Page 1 Preamble 0 0 0 2 2. Recognition 2 3. Conditions of Employment 2 4. Working Hours 4 5. Standby . , w 5 6. Overtime 5 7. Holidays . 0 0 a 0 0 0 0 7 8. Expenses , Is a 0 0 0 0 a a a 8 9. Leave of Absence Unpaid and Paid 0 • 9 10. Vacation 10 11 Safety 11 12. Personal Disability and Industrial Injury Leave 11 13. Formerly Funerals-1980/81 Added to Title 9 * 0 14. Grievance Procedure . 0 0 a 0 & 0 0 0 0 0 0 0 a 0 0 12 15. Layoff and Demotion Procedure . • 14 16. Job Vacancies 14 17. Termination 0 0 0 0 0 9 16 18. Inclement Weather Practice a 0 a 0 16 19. Employee Benefit Program 17 20. Classifications and Wage Rates 17 21 . Term of Agreement , 20 TITLE 1 PREAMBLE 1 ol 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 Inter- national Brotherhood of Electrical Workers (hereinafter referred to as the Union), has as its purpose the promotion of harmonious relations, cooper- ation, and understanding between the District and the Union; the establish- ment 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 cap;acity; 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 p ublic at all times. TITLE 2 RECOGNITION 2.1 The District will deduct regular membership dues from the wages of non-management and non-confidential employees who are members of the Union and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157.3 of the Government Code of the State of California. Such deductions will be made from the first payroll period of each month and will be submitted forthwith to the Financial Secre- tary of Local Union 1245, 1 ,,B. E,,W. , P.O. Box 4790 (3063 Citrus Circle), Walnut Creek, California 94596. The form of checkoff authorization shall be approved by the District and the Union., 2.2. It is the policy of the District and the Union not to discriminate against any employee because of race, creed, color, age, sex, handicap, or national origin. I"n addition, the District will not discriminate against an employee because of membership in the Union and neither the Union nor the employees they represent will discriminate against any employee because of non-affiliation with the Union. TITLE 3 CONDITIONS OF EMPLOYMENT 3.1 Seniority: Seniority is defined as a permanent employee's continu- ous 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. 2- 4"Am- __� 3.2 Probationary__Period: New permanent employees will be hired P 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 p ermanent; (b) part-time and permanent; (c) ,f,ull-time and temporary; or, (d) part-time and temporary, 3.31 Definitions: (a) A permanent position is one which has been regularly established and is expected to last for an indefinite period. (b) A temporary position is one which is utilized for occasional or seasonal work or 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, The District will not utilize part-time and/or temporary positions to dilute the 'number of full-time permanent p ositions. 3.32 Part-time Permanent: Employees desi gnated as p art-time permanent, who are normally scheduled to work twenty (20) hours or more during a work week, will receive the same benefits and, wherever practi4o cable, the same working conditions offered for full-time permanent work except for the effects of pro-ration of vacation and sick leave accrual and payment of the medical premiums. However, in no case will this pr ovision supercede any eligibility requirements of any benefit plan. Part-time per- manent employees shall be eligible to advance to the next wag e step upon being paid for one thousand (1 ,000) hours. 3.33 TeMporary: Employees designated as temporary shall not be entitled to any sick leave, holidays with pay, vacation, paid leaves of ab- sence, and any employee benefit plan. Although employees assigned to such work will receive no holiday pay, they will be paid the applicable overtime rate for work actually performed. When such employees are reassigned to work involving permanent status, their seniority date will be the date on which the permanent assignment commences, 3.4 Job Content: 3.41 Establishment of Duties and alifications: It is recognized that the creation and/or redesign of job classifications, including the es- tablishment of duties and qualifications required therefore, are fun'ctions of District management. The District will develop and maintain written -deso _3- scriptions of job classifications and make such descriptions available to the Union and employees. The District will meet and confer with the Union as to new descriptions or changes in existing descriptions. Should the parties fail to reach agreement, the District may establish temporary classifications and wages therefore or temporarily adjust the wages and duties of redesigned classifications. 3.42 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 per- form, within their ability, duties which may not be within the usual scope of classification responsibilities, 3.43 Inherent Resj?.onsibilities: Inherent in each job classification are, but not limited to, the responsibilities to (a) occasionally p erform 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. 3.44 Temporary Upgradina: When a non-management employee is temporarily assigned, and is accountable for, the principal responsibilities of a higher classification for a period of more than four (4) hours in a work day, the employee will be paid the next higher rate applicable to the higher classification for all time worked* however, in no case will two (2) employees be paid for carrying out the responsibilities of a single position at the same time nor will any employee be temporarily upgraded to the rate of a higher classification while performing in a learning capacity. When an employee is temporarily assigned or reassigned to work in a classification lower than the employee's regular classification, the employee's rate of pay will not be reduced. 3.5 Employee COm2etency: The District is to be the judge as to the competency and fitness of prospective employees and of the satisfactory performance of work by any employee. TITLE 4 WORKING HOURS 4. 1 Definitions: (a) Calendar Work Week: The calendar work week will begin Saturday midnight and end at midnight the following Sat- urday. (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 sched- uled work week., _4- (c) Work Da Twent -four (24) consecutive hour iY Y s beginning at midnight and ending at midnight the following day, will con- stitute the normal work day, (d) Work Period: Eight (8) regular! scheduled hours during g a work day will constitute the normal work period. 4.2 Schedu-lin2 Work Periods.- The District will , meet and confer with the Union with respect to changes in work period scheduling. The existing work schedules are: lb 7:30 A.M+ to 4:00 P.M. Monday through Friday - Warehouse 8;00 A.M. to 4:30 P.M. Monday through Friday - Field 8;00 a.m. to 5:00 Pam* Monday through Friday - Office Exceptions to the above schedules may be accomplished on a temporary basis P Y (not to exceed ten (10) working days) if agreeable I e to the supervisor and the g employees involved. TITLE 5 STANDBY 51 Scheduled Work Days; The standby period far ' a scheduled work day will be twelve (12) hours extending from 6:00 P.M. to 6:00 A.M. the next day. When an employee is assigned to standby on a scheduled work day, such employee will be paid two (2) hours at the straight time rate of pay for each twelve (12) hour period or any portion thereof. 5�2 Scheduled Days Off: The standby period for a scheduled day off . - Y will be twenty-four (24) hours extending from 6:00 A.M. on the scheduled day off to 6:00 A.M. the next day. When an employee is assigned to standby Y g y on a scheduled day off, including recognized holidays, such employee will be paid five (5) hours at the straight time rate of pay for each four- twentY (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 distance, and make all necessary arrangements to enable there to report for work within thirty (30) minutes of the Supervisor's first contact effort b means of telephone Y p and/or pager. 5.4 Overtime: When an employee is assigned to standby and is called to work during the standby period, he/she will be paid at the, applicable overtime rate in addition to standby pay. TITLE 6 OVERTIME 6.1 General: Except as otherwise provided below, all scheduled hours worked of eight (8) or less in a work day, or forty (40) or less in- a work _5_ week, will be paid at the straight time rate. There will be no duplication or pyramiding of hours in the computation of pay. (i.e. the payment of over- time for any hour excludes that hour from payment on any other basis. ) 6.2 Definition: Overtime will be computed to the nearest one-half (�} hour. and is defined as follows: (a) Time worked in excess of forty (40) h ours in a work •week; (b) Time worked in excess of eight (8) hours on a scheduled work day; (c) Time worked on a non-work day; (d) Time worked on a holiday; (e) Time worked outside of regular hours on a work day. 6.3 Call-Outs: If an employee is called out outside the employee's regu- larly scheduled hours and works less than two (2) hours, the employee will receive not less than two (2) hours' pay, to be compensated at the app licable overtime rate, for each such call-out; provided the employee has finished the first call-out and has returned home. If the employee is sent on another j•ob 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 Distribulio-no Overtime will be divided as equally as is practicable among those qualified and available in each dep artment. 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�} I times the regular straight--time rate of pay, (b) . Employees will be paid overtime comp ensation at the rate of pay equivalent to two (2) times the regular straightootime rate for 'all time worked in excess of sixteen (16) 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 12:00 A.M. and 8:00 A.M. (d) Employees called out on Sundays and hol idays will be paid overtime compensation at the rate of pay equivalent to two (2) times the regular straight-time rate for all such call-ou* ts,, 6.6 Rest Periods: (a) Any employee who has worked eig ht (8) hours or more at overtime rates between the regular quitting time and the next regular starting time, on regular work days, will be entitled to a rest period of eight (8) consecutive hours upon com- pletion of such overtime work. (b) Should a rest period extend into an employee's reaular work "' hours, the employee may be required to report for work at the end of the rest " period for the remainder of that regular work period. The employee will, in such event, be paid the straight- rate of f pay for that portion of the eight (8) 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 his/her regular work period, the employee will be paid at two (2) times the regular straight-time rate for all hours worked until .the em- ployee is given a rest period of eight (8) consecutive hours, (d) If an employee becomes eligible for a rest period and is called back to work during the eight (8) hour rest period, the em- p*loyee will be paid at two (2) times the regular straighte-time rate for all hours worked until he/she has been relieved from duty for at least eight (8) consecutive hours. TITLE 7 HOLIDAYS 7.1 Recognized Holidays: Following are the recognized paid holidays for all permanent employees: New Years Day . January 1st Washington's Birthday 3rd Monday in February Memorial Day 0 Is -0 0 0 0 0 a 0 a 0 0 a 0 Last Monday in May I ndependence Day a July 4th Labor Day . 0 0 0 1st Monday in September Veterans' Day . * November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day Friday Christmas Eve December 24th Christmas Day December 25th Employee's Birthday 7.1 (a) The Christmas Eve holiday shall be observed on the workday im- mediately prior to the date of observing the Christmas' Day holiday. 7.1 (b) The Employee's Birthday holiday shall be observed on a date chosen by the employee within a time period of five (5) days prior to or five *(5) days subsequent to the employee's birthdate. 7.2 Holi_days Falling on a Saturday Sunday,: When any of. the allowed holidays fall on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the following Monday will be ob- served. 7.3 Eligibility: If an employee takes off any of the days observed by the District as a holiday and is absent without pay and/or authorization on the work day either immediately preceding or following such day observed by the District as a holiday, he/she will not receive holiday pay. 7.4 Floating Holidays may be taken anytime during the year by mutual agreement between the employee and management. TITLE 8 EXPENSES 8.1 Transp_ rtation: At the discretion of the District, transportation will be furnished all employees in the performance of their duties as pre- scribed. When,' however, an employee is asked to use personal means of transportation for District business, he/she 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 starting two (2) hours prior to his/her regular starting time, it will provide him/her with a meal. In the event such work continues into his/her regular work hours, the District shall also provide his/her lunch. (b) If the District requires an employee to perform work on a work day for one hour or more beyond regular quitting time, it will provide a meal. Thereafter, meals will be provided at intervals of four (4), but not more than five (5), hours for as long as such work continues. (c) If the District requires an employee to perform overtime work on a non-work day or after being released on a work day, it • shall provide a meal every four (4) hours, but not more than five (5) hours, for as long as such work continues. If an employee has been notified by the end of the previous work day* of such overtime assignment, paragraph (a) and (b) above will be applicable. (d) The cost of any such meals and the time necessary to consume them will be at the District's expense. Time taken to consume the meals, up to one-half hour, will be considered as work time. (e) If an employee who is entitled to meals at the District's 'ex- pence does not accept any such meal, the District will never- theless, allow the employee one-half ('�) hour with pay in addition to a $5.50 allowance for such meal. 8.3 Telephone Expense: Employees who are continuously assigned to a rotating standby schedule and are required to maintain telephone service at their residence shall be reimbursed by the District for the basic monthly charge. 8- TITLE 9 LEAVE ©F ABSENCE - UNPAID AND PAID 9.1 Personal Leave: An unpaid leave of absence will be granted to a permanent 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 permanent employee who leaves his employment with the District to enter the military service or other service where his re-employment rights are protected by law will be granted a "leave of ab- sence" without pay, 9.3 Medical Leave: Permanent employees may be granted -a leave of absence without pay after the expiration of paid disability leaves as provided in Title 12. The District may, in its discretion, require satisfactory medical evidence of personal illness prior to granting such leave. The cost of attain- ing the medical evidence shall be borne by the employee. 9.4 Bereavement Leave: Permanent employees will be granted three (3) days bereavement leave with pay in the event of a death in their immediate families or a more distant relative who was a member of the employee's im- mediate household at the time of death. Immediate family consists of an employee's or employee's spouse's mother, father, brother, sister, son, daugh- ter, 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 permanent employee will be paid his straight time salary if a leave of absence is occasioned by a call to jury duty; 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: The District will make up the difference between normal salary and regular military and longevity pay when a permanent em- ployee is on active duty for training with any of the military services, the Coast Guard, or National Guard. 9.7 General Provisions: (a) A permanent employee's status, including any seniority accrual, as a permanent 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 not accrue paid leave nor be entitled to insurance coverage unless the employee pay the - premiums therefore in a timely manner. TITLE 10 VACATION 10.1 E I i gi b'I I i_t_y: Full-time permanent employees who have satisfactorily completed six (6) months of continuous service will accrue vacation leave from the date of hire. 10.2 Rates of Accrual: No. days permonth (a) For the first four (4) years of continuous service . a * -0 a 0 1 .00 (b) After four (4) years of continuous service 1 .50 (c) After fourteen (14) years of continuous service . 0 a 0 a a 1 .75 (d) After twenty (20) years of continuous service . 0 * -0 * 2.00 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 his/her 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 during the entire month of April of each year. During the month of April employees may designate their choice of vacation periods for the twelve-month period beginning on May 1st of each year. Whenever possible, the conflicting or overlapping employee vacations which are listed on the sign-up sheet during the month of April shall be resolved on the basis of seniority. If, during the month of April, any employees fail to designate their choice of vacation time, then the scheduling of their vaca- tion shall be based, not on seniority, but on a first-came-first-served basis. 10.6 Carryover: An employee may forego his/her vacation for two years and carry it over to the following third year provided the District gives its written approval in advance. In no event will an employee defer all or any portion of an annual vacation leave longer than two years unless the employee is unable to take such vacation by reason of industrial injury. 10.7 Part-time Permanent Emj2loyees: Provisions for part-time permanent employees will be essentially the same as above except that vacation leave will be pro-rated in accordance with time worked during the month, -10- TITLE 11 SAFETY Tools: The District will furnish' all tools and specialized safety devices necessary to perform an employees assigned duties. Every effort will be make by the employee to maintain them in good condition because an em- ployee's safety is dependent upon his/her equipment. 11 .2 Safety Meetings: Safety meetings will be prepared and conducted during the course of. regular working hours by a person designated by Man- agement. Approximately two (2) regular working hours each month will be allowed for this purpose. 11 ,3 Safety Respon_sibilities: The District will make reasonable pro- visions for the safety of employees in the performance of their work. Em- ployees will jointly cooperate in promoting the responsibility of the individual employee with regard to the prevention of accidents. 11 .4 Safety Committee: The District Manager will appoint a Safety Committee composed of at least one management employee and two non management employees. Such Committee will function in the field of accident prevention by ascertaining unsafe working conditions. At least every six (6) months it 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. TITLE 12 PERSONAL DISABILITY LEAVE & INDUSTRIAL DISABILITY LEAVE 12,1 Definition of Personal DisabilityLeave: 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 his/her regular duties and responsibilities. Such inability will have resulted from (1) p ersonal 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- 'di sabi Flity leave, up to a maximum of three (3) days in a calendar year, to tend to an ill spouse, child, or parent, 12.2 Eligib*lli_ty & Accrual: Full-time permanent employees and part-time permanent employees who work twenty (20) or more hours per week, who have comp leted six (6) months of continuous service 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 (twelve, 12, days Per year maximum). When an employee no longer is being compensated dur- in g 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* 12.3 Evidence of Disabilit The District may require satisfactory evi- deuce of any disability before leave will be granted. If it is found than the employee is taking undue advantage of disability leave provisions, the em- ployee will forfeit all disability leave accrued up to that date,. 12.4. Holidays. If a holiday falls on a work day 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 will be interpreted to entitle an employee to disability leave while on vacation or layoff. 12.5 Industrial Disabilities: When an employee is absent by reason of disability which falls within the application of the Workers Compensation Chapters of the State of California Labor Code, he/she will be entitled to Industrial disability Leave for the duration of such temporary disability. Such benefits will begin with the first day of absence following the day of the disability. The combined amount of industrial disability and Workers Compen- sation -benefits payable for each day of absence will not exceed ninety percent (goo) of each employee's basic daily wage. 12.6 Limitations: The total benefits to be paid for any combination of personal disability leave and industrial disability leave will not exceed 1000 of normal straight-time earnings less any benefits due from Workers CoMpen- sation, State Disability Insurance, Social Security Disability provisions, and/ or any other benefit program to which the District contributes. 12,7 Return to Work: Prior to return to work,, the District, in its discretion, may require a physical release stating the employee is physically able to perform his/her job duties following any absence in excess of five (5) days because of illness or injury. TITLE 14 GRIEVANCE PROCEDURE 14.1 Definition: A grievance is defined as meaning any dispute re- garding the application of the following: (a) The terms of this Memorandum of Understanding (b) The Discharge, demotion, or discipline of an individual ern p I oyee 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 Distri-ct's Board of Directors following the meet and confer process. 14.2 Representation: in initiating and prosecuting a grievance, an employee may represent himffiers6lf or be represented by a representative of a recognized employee organization. 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 failure by the involved employee to meet any specified applicable time limit will constitute a withdrawal of the grievance. -12- 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 Step s Stems 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 by the employee, shall reduce the issue to writing and refer the matter to the General Manager of the District within twenty (20) working days after the facts or circumstances giving rise to the grievance are avail- able 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. 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, within ten (10) working days after its next regularly scheduled Board meeting. Sty 4: 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 Ad- visory 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 Di rectors 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 recom- mendation. The cost of Arbitration shall be equally borne by the Dis- trict 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 -13- matter was not covered in the. direct examination, If the employee does not testify in his own behalf, he 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 t he 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. 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. 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 or 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 'i's required, 15.3 Layoff and Rehire: (a) When it becomes necessary to reduce the work force, senior em- ployees will be retained. provided they have the necessary skill and ability to perform the required work efficiently and without train- ing, other than initial orientation. (b) Employees may displace junior employees in another classification, provided the requirements in (a) above are net, prior to being laid off. Any employee displaced out of a classification may, in turn, also exercise the foregoing option,, I n no event may an employee displace another employee with more seniority, (c) The District shall make a reasonable effort to notify employees on layoff, in order of seniority, of all job vacancies which occur within twelve (12) months following lay off, (d) Employees rehired in the twelve (12) month p eriod will be rein- stated with all benefits for which they previously qualified except in the case of a temporary employee where no rehire status is necessary. 15.4 Journeymen: Journeymen linemen and line working foremen who are reassigned to apprentice work will retain journeyman status. -14- TITLE 16 JOB VACANCIES 16.1 Notice of vacant : When (a) new positions are created; (b) ad- ditional positions are created; (c)' temporary positions are reclassified as permanent; (d) or any vacancy occurs, the District shall notify each employee of the positions available. Such notice shall set forth the number of vacan- cies, the classifications the job description, the qualifications required, exami- nations required, the rate of pay and the closing date for receipt of appli- cations. Clerical positions shall be posted identifying the Department in which the vacancy occurs. Any employee may apply for consideration in the filling of such vacancies and the District shall accept for consider'ation any application received prior to 5:00 p.m. on the closing date. Employees will have at least forty-eight (48) hours in which to apply. Further, the. District will make a good faith effort to contact vacationing employees or employees on leave through friends or acquaintances so that they can make applications for open positions. 16.2 Consideration: All applicants will be considered according to the established qualifications for the classifications involved. The ability to meet the qualifications for a classification will be determined by examination. Such examination may consist of oral or written interview; oral, written, or prac- tical test; or any combination of these. To the extent feasible, all applicants for a particular vacancy will be given identical examination.. Incumbent employees who are qualified will be given preference to fill existing vacancies in accordance with their seniority. 16.3 EmE?Ioyee AE?j?ointments: Incumbent employees who are appointed to fill vacancies shall be placed on probation 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. 16.31 Terminated by Erg loy e: 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 his/her previous classification and wage rate provided that a vacancy exists; (2) transferred to some other classi- fication mutually satisfactory to both the employee and the 0 District provided a vacancy exists, or, (3) laid off with rehire rights as provided for in Section 15.30 16.32 Terminated for Unsatisfactory. Performance: If the N appointment is terminated because of unsatisfactory performance, the same considerations as provided for in subsection 16.31 will apply. cons In lieu of layoff, the employee may, if qualified, elect to dis- place a probationary employee in a beginning classification, 16.33 Position Eliminated: If the appointment is terminated 'because the position is eliminated, the employee's status will' ' be de-N termined by his/her seniority and qualifications as 'provided for in Title 15, Section 15.3. Notice of Fil-ling: The District shall, in not more than fifteen (15) working days from the closing date for applications, post on District bulletin boards a notice regarding the disposition of .the position with the name of the applicant, if any, selected. The Union shall be promptly notified of any employee who is by-passed and the reasons therefor. TITLE 17 TERMINATION 17.1 General: It is expressly understood that the District retains the right to terminate any employee for unsatisfactory performance or other serious cause. The specific reason(s) for such termination will be given in writing within forty-eight (48) hours of the time of such termination. 17.2 - Termination Examples: Reasons for termination may, include, but will not be limited to, the following: (a) Failure to perform work in an efficient, workmanlike manner (b) Insubordination (c) Absence without authorization or just cause (d) Failure to effectively cooperate with supervisors and/or fellow employees in matters pertaining to District operations (e) Insobriety on the job (f) Dishonesty TITLE 18 INCLEMENT WEATHER PRACTICE • 18.1 General: Employees who are unable to work in the field because of inclement weatther 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 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 -16- (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 (i) Any other pertinent factors which, in mangement'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 alte-r the overall level of service or benefits of any of the programs identified below unless otherwise agreed by the Union. 19.2 Contributions: (a) Grou2 Medical Insurance Plan. The District will continue to contribute eightdmfive percent (85%) of the premiums for em- ployees, and dependents. (b) Grou2 Life Insurance Plan: The District will furnish "term insurance" equal to two and one-half (2�) times the annual straight time wage for each employee. (c) Long-term Disabi l i,ty Plan.* Th District will furnish long-term disability coverage of a monthly benefit equa't to sixty-six and two-thirds percent (66-2/3 0) of the employee's monthly straight time salary, up to a maximum benefit of Two Thousand Dollars ($2,000.00). (d) Retirement Plan: The District will continue to contribute one hundred percent (100%) of the premium! TITLE 20 CLASSIFICATIONS AND WAGE RATES The use of masculine or feminine genders or titles herein will be construed as including both genders and not as sex limitations 20.1 Current Pay Days: 3rd and 18th of each month unless r such day falls on a non-work day in which case pay day will be on the last work day, =017- 20.2 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. 1 20.3 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, Effective Title 1/1/83 Electric Department Foreman,, Power Services (Working) G 0 40 9 0 a 0 0 0 6 0 is 0 14.21 Lead Lineman a 0 9 0 0 0 • 0 0 0 0 13.58 Lineman, Journeyman 12,92 Apprentice Lineman: Start . 0 0 0 0 & • 9.36 After 6 months . 9,69 After 12 months • 10,02 After 18 months 10.34 After 24 months 10.65 After 30 months ♦ • 10.99 After 36 months 11 .95 Helper: Start . 7.74 After 6 months . 0 0 0 0 9 0 8.40 After 12 months 0 a 0 a 0 0 9.05 Technical Services Dep rtment Foreman, Technical Services . ♦ 14.21 Technician, Meterman • 12,92 Apprentice Meterman Start, 0 0 0 *' 0 ♦ 9.36 After 6 Months. 9,69 After 12 Months i 10*02 After 18 Months i 10-34 After 24 Months 0 10,65 After 30 Months i 10.99 After 36 Months 0 0 0 IP 0 • 11 .95 Warehouseman 0 0 0 0 Is 0 12.01 Effective Title 1/1/83 Meter Reader/Collector/Serviceman: Start, , , ,, , too * * 40 0 0 0 0 0 0 a 0 0 a 0 8.08 After 6 months . 0 8.72 After 12 months . 9.36 After 18 months . 10-02 Helper: Start , 7.74 After 6 months . 8.40 After 12 months 9.05 Student Worker: Start, . 0 0 0 0 e 0 0 0 0 0 0 a 3.88 After 6 months . 0 0 0 4.52 After 12 months 0 0 5.17 After 18 months 0 0 0 0 0 0 0 0 0 0 0 0 5,80 After 24 months 6.46 After 30 months 7.11 Water Department Foreman, Water Services (Working) * 0 0 12*92 Serviceman 0 11 .63 Helper: Start , 0 0 41 0 IN 7.74 After 6. months 0 0 0 0 0 8*40 After 12 months 9,05 Student Worker*. Start. . . 3.88 After 6 months . 0 0 0 4,52 After 12 months 0 6 0 0 5,17 Afte r 18 months 0 0 0 0 a 10 0 -0 0 0 0 5,80 After 24 months 0 0 # e 10 6,46 After 30 months 0 0 a a 7.911 Administration Department Bookkeeper: Engineering Technician: Start 0 49 0 0 10 * 0 0 * & 0 0 0 0 0 0 8,34 After 6 months . rp 0 0 0 0 0 0 .6 0 -D 0 8.76 After 12 months # 0 ID 0 IF 0 0 41 -8 0 is 0 9.21 After 18 months 0 9,66 After 24 months 0 10.15 After 30 months 0 0 0 0 0 0 0 0 0 0 G 0 0 10,65 Secretary: Senior Clerk, Start , 7*57 After 6 months . 7.96� After 12 months 8*34 After 18 months 8,76 After 24 months 9.21 After 30 months 9,66- -19- I Effective Title 1/1/83 General Clerk: Start . . . . . . Des 0 0 0 0 0 5.64 After 6 months 0 0 5.93 After 12 months 0 -0 6.22 After 18 months 0 -D 0 a 0 IR 0 a 4 0 0 16 P 10 0 10 0 6,55 After 24 months 0 a 0 6.87 After 30 months 7.20 Student Clerk: Start . 0 0 0 0 3.80 After 6 months 3,99 After 12 months 4.18 After 18 months 0 4.40 After 24 months 0 & 9 4.62 After 30 months a 0 4.86 4 *Time intervals specified above represent the expected rate of advancement. A step increase may be withheld if an employee is not making satisfactory progress; however, in such event, the employee will be advised in writing as to the basis for denial. TITLE 21 TERM OF 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 supercedes all prior agreements and understandings, expressed or im- plied, 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 partiesS Unless otherwise specified, this Memorandum of Understanding will be in full force and effect from the date 'of its execution until the expiration of its terms. The term of this Memorandum of Understanding will expire on December 31, 1983. Unless changed by written agreement between the par- ties, the terms of future Memorandums of Understanding shall be from January 1 , through December 31 . If either party desires to amend this Memorandum, it will give notice thereof to the other party -during the period September 1 , to October 31 , 1983, in which event the parties will commence discussion of any proposed amendments as soon as practicable after such notice has been given. _20- W 9 TRUCKEE-DONNER PUBLIC UTILITY LOCAL UNION 1245 DISTRICT INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, ALF-C I O Dated: 6Dated: 4 l J o Corbett Jack cNall'..y Pr id Business Manager James M. Ward District Manager NEGOTIATING COMMITTEE: NEGOTIATING COMMITTEE: John M. Phelps, Spokesman Darrel Mitchell, Spokesman Roberta Huber Bruce Grow Dick Landingham Lissa Schreiner James M. Yard Joe Straub Nancy Waters -21-