HomeMy WebLinkAboutRES 1981-01 - Board RESOLUTION NO. 810/
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WI'n-I THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
WHEREAS, negotiations have recently been completed between the Truckee
Donner Public Utility District and Local 1245 of the International Brother-
hood of Electrical Workers, hereinafter referred to as "IBEV711; and
WHEREAS,, -the District's consultant, James Lloyd, has presented the pro-
posed 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 agreement between the Truckee Donner
Public Utility District and the International Brotherhood of
Electrical. Workers dated December 17, 1980, a copy of which is
attached hereto as Exhibit "A", along with the Mmorandum of
Understanding between the parties dated December 16, 1980, a
copy of which is attached here' to as Exhibit "B".
BE IT FURTHER RESOLVED that all affected employees be paid in accordance
with the terms of the new Memorandum of Understanding as of December 1, 19800
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public
Ut ility District at a meeting held within said District on the day of
AWL wifflft
1981, by the following roll call vote:
AYES.-
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Roberta C. Huber,, President
ATTEST:
ic,
Susan M. Craig Deputy Di is Clerk
Not
AGREEME.NT BETW1L`,EN
UT I L I TY D I STRI CT
TRUCKEE-DONNER PUBLIC
and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
December 17 , 1980
I Memorandum of- Understandinf.T_ : It is ao-reed that the
I—-.*! 0
Me-morafi-dum T—Understai-iding, dated December 1.6 , 1980 ,
be adopted except as may othertvise be provided for in
the following*
2 . It is agreed that management will observe existing job
descriptions until modified -ias provided. for by Section
3 . 41 .
3 . It is agreed that the updated clerical job descriptions
will be presented in dr,-ift -.form for review by the Union
no later than March 3)1 , 1-9810
4 . It is agreed that the existing job description of Lead
Lineman will. be amended to read : "In case a third p erson
is assigned, to the crow a Working Line Foreman will be
required .
TrucRee-Donner Public Util--i-t-�r Distr-_tct
It
Dated :----.
Local Union 1245 I . B. E. W. , AFL-CIO
Dated :
TDPUD & IBEW
12/16/80
M E M O R A N D U M
OF
UNDERSTAND I N
BETWEEN
'PR.UCKEE DONNER RUBLTC TJTTT_TTY DISTRICT
AND
INTERNATIONAL BROTHERHOOD OF' BLEC-i"RICAL WORKERS UNION
A
1980
through
November 30, 1981
NTEN S
Title Pace
1. Preamble . . . • 2
3. Conditions of Emplo�Anent . a . . . e 4
4• Working Hours• • • • • e • • . • « e s . a • o r . J
5. Standby. . • • s • ► • ♦ w � # a • s s • * • . • w 8
6• Overtime • • • • r a • . . w • • • . a i w • . • e 9
7. LiolidcAy • • • a . a • ♦ 4 w a • . . s • . a • • . 1
8• Expenses a • 4 a • M . i r ! R # • R . i • i M • . 1-2
9. Leave of Absence - unpaid and. Paid . . . 13
10. Vacation . . . • • . • i . 14
11. Safety • • • • • • • • . • * . • . . • . . • ♦ . a 1. i
12. Personal_ Disability and
Industrial. Injury Leave. . . a . • 16
1.3. Formerly .-'unerals-1980/81 Add.f�d to Title 9
14• Grievance Procedure• . . . • a . • . . • • 1.8
15. Layoff and Demotion Procedure. • • . 20
• Job Vacancies. a . s o e w ♦ w b • s • • • • a • r 21
18. Inclerne 1t Weather Practice . . • • F f . . .i
19. Lin p10 Tee Benefit. Program 25
20. Classifications and tiaczge Dates . . 26
21. Term of Agreement. w . • a • • . 29
Title I
PREAMBLE
1 .1: This Marnorandum of Understanding (hereinafter referred to as Memo-
randum) entered into by the Truckee Donner Public Utility District (here-
inafter referred to as the District) and Local Union 1245 of the Interna-
tional Brotherhood of Electrical Workers (hereinafter referred to as the
Union) , has as its purpose -the promotion of harmonious relations, coopera-
tion, 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 con-
di tt-ions 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 T:)romoting and advancing the welfare of
the District anC1 4 1., preserving the continuity of its services to the public
at all times.
-2-
Title 2
RECOGNITION
2 .10- 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 Cal.i.fornia. Such de-du(-:tions will be made from the first
payroll period of each month and will be submitted forthwith to -the Financial
Secretary of Local Union 1245, I.B.E.W. , P. Oe Box 4790 (3063 Citrus Circle)
Walnut Creek, California 94596. The form of checkoff authorization shall
be approved by the DIstrict and the Uni-on.
T te
2.2 : t is the policy of the District and the Union not to discrimina
against any employee because of race, creed, color, age, sex, handicap,
or national origin. In addition, the District will not discriminate against
an employee because of membership in the Union and neither the Union nor the
employees they represent will d-�-s-c,riminato against any employee because of
non-affiliation with the Union.
litle 3
CONDITIONS OF EMPLGYM'I_'I,*.IINT
3.1 Senlority: Seniority is defined as a permanent 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 t1fie probationary period, be granted senior-
ity from the date of hire as a prot)ationary em-ployee. Se-nio-rity will be
broken whe'n (a) an employee is discharged w'th cause; (b) an employ ee vol-
untarily terminates employment; (c) an emp]_oyee has been laid off for more
than twelve (12) consecutive months; or (d) an employee does not return from
a leave of absence at thc-,,,- -required time.
3.2 Probationary Period: New permanent 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 i.(--3 terminated by the
DALstrict will not have recourse to the 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 permanent;
(b) part-time and permanent, (C) full-ti-Ine and temporary; or, (d) part-time
and -temporary.
3 De f i n i t i c)1-1 s
a) A permanent Position is one which has been -Aregularly established
and is expected t-o "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. i'
s one having a scheduled work week of five
(5) eight 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 re g-
ularly scheduled to work less than five (5) days in a work week
or less than eigI1,It hours on work days.
The District wi'-[
1_ 'r, -time and. 'or temporary posit*
not utilize pa., t ions to
dilute the number of full-time permanent Positions.
.3. 32 Part-time -Permanent: Emj.)loyees designated as Pc--art-time permanent,
who are no,-
mally schedulled to work twenty (20) hours or More during ar
work week, will receive the same benefits and, wherever practicable,
the sc-Line working cor-iditions offfered for full-time permanent work except
for the effects of pro-ration of vac
ation and sick leave accrual and
paymient of the me(Jical premiums. However, in no case will this pro-
vision superce-d(--_1 any el-ii.gibility requirements of any benefit plan.
A- II
t-th,e perrm--inent emj-A_,-)yer-,,.s, shall he eligib-le to advance .to they next
wage step upon being paid for one, thou sand (1,000) hours.
-4-
3.33 Temporary: Employees designated as -temporary shall not he
entitled to any s--I-ck leave, holidays with pay, vacation, paid leaves
of absence, and any employee benefit plan. Although employees
assigned to such work wi-11 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 -[,--he permanent
assignment commences.
3.4 Job C'ont(-,wnt:
3.41 Establishment of Duties and Qualifications It is recognized
that the creation and/or redesign of job classif ications, including .
the establishment of duties and qualifications required therefore,
are functions of District management. The District will develop and
maintain written descriptions 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 there-
fore or temporarily adjust the wages and duties of redesigned class-
ifications.
3.42 Work Assignments: While it is management's intent to schedule
work and assign personnel in such a manner as to achieve maximum util-
ization of the respective employee's abilities, and while it is manage-
ment' 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 o'�-)erations will' require flexibility in work assi gnment to per-
Mit cross-oss-t-ralLning and to stabilize the workload- among departments. It
is therefor(_-� also recognized and agre(:,%(.1. ::hat as conditions require,
mariageTTI e 1-1 t will assign, and emj?loyees will perform, within their ability,
duties which may not be within the usual Scope of classifi-cation respon-
s i b i I i t i e *
3.43-- Inherent Responsibilities.- Inherent in each job classification
are, but not limitec]. to, the respon.$)ibi I i ties to (a) occas ionally per-
form duties within the employee's abilities of the next 'higher class-
ification in order to become qualified for advancement in the event of
a job vacancy; al-,d, (b) accept overtime work in order to maintain,
and/or restore, District services.
3.44 Te�mporary Upgrading: When a non-management employee is temporarily
assigned, and is accountable for, the princi p al 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 pe,rfo=- iing in a
learning capacity.
'GAIhen an e�zployee is' temporarily assigned or .reassigned to work in a
classification lower than the employee's regular classification,-� the
ployee s rate o"_ pay will not 4e reduced.
.
3 Employee Competency: The District is to be the judge a.s to the
competency
and fitness of prospective employees and of the satisfactoryerform
work by any employee.
_� �' ance of
1 ploye�..
-6_
Ti t-1 e 4
WORKING HOURS
4.1. Definitions:
a) Calendar Work Week.- The calendar work week will begin
Saturday midnight and end ---it midnight th'e following
Saturday.
b) Scheduled Work Week: Five (5) consecutive eiqht (8) hour
scheduled work periods and two (2) designated days off,
within a calendar work week, will constitute a normal_
scheduledwork 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 hour's during
a work n
day will cost 4
-Ltut e the normal_ work period.
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:
7 IV
.30 A.M. to 4:00 P.M. Monday throti.gh Friday - Warehouse
8:00 A.M. to 4:30 P.M. Monday through Friday - Field
8:00 A.M. to 5:00 P.M. Monday through Fridzi.y - Office
I
E xceptions to the above schedules may be acc(--)mplished on z,,. tempor ary basis
(not -Lo exceed ten (10) working days) if acjree
the employees invol - abl e to the su pervisor and
-7-
Title 5
STANDBY
5.1 Scheduled Work Days: The standby period for a scheduled work day will
be twelve (12) hours extending from 6-00 P.M. to 6,-100 A.M. the next day.
When an employee is assigned. to standby on a scheduled work day, such em-
ployee 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 will
be twenty-four (24) hours extending from 6:00 A.M. on -the scheduled day off
to 6:00 A.M. tlie next day. Vnen an employete is assigIrled to standby on a
scheduled day off, including recognized holidays, sucli employee will be
paid five (5) hours at the straight time rate of pc--iy for each twenty-four
(24) hour period or any port401.1 thereof,
5. 3 Availab ility: Although employees are not required to standby at home,
they must remain ill t-lie Distj,_-ict, or witliin pi--,tgj-ng distance, and make a_I,_l
1) 17 j 'I - r
necessary arrangements to enable thr%m to re,-ort foi: IAIC).-...k w _-tI in thirty (30)
minutes of -the Supervisor' s first contact (.'�ffc)rt by rric(-An of -telephone and/
or pager.
r-
D A Over-Lime: When an employee is as sii
gned to standby aand is called to
work during the standby period, he/she will, be paid at the applicable over-
time rate in addition to standby pay.
Title 6
OVERTIME
6. 1 General: E xcept as otherwis-e provide(l be-low a l l scheduled hours work-
ed of eight (8) or less in a. wo-.r-k day, or forty (40) or less in a work week,
I
wil.1 be paid at the straight ti-kne ra.te- There will be no duplication or
py-ramiding 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: Overtii-rie will be computed to the nearesC_ one-half
hour and is defined as follows:
a) Time worked in excess of forty (40) hours 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 employ e e's reg-
ularly scheduled hours and works less than two (2) h ou r s, -the employee will
receive not Irss than two (2) hours ' pay, to be compensated sated at the applicable
ove,rtiiwe, rate,, for each such call-out; 1_-)rovided the employee h�,-ts finished the
first call out and has retulCned_ home. If th0L er"Ploye-e is sent on another job
or lobs prior to retur i in i 4
ning home from, the Lial call without a break in work
tim1 it will be considered as a single call- out-
L_*
6.4 Overtime Distribution: Overtim-c-t will be divided as
1- ,- -qually a s is
practicable among those qualified and availlablc� in each &---partment.
6. 5 - Basic: Overtime Rates:
a) Except as otherwi-Se provided be.low, overtime compensation
will mean. a. rate of pay equivalent to one and oiie-hat-11--
(1-21) times the regular straight-time rate of pay.
I
b) Employees will be paid overt i_me m-)r_-`me coen sat ion at t'lle rate
of pay equivalent to two 1'2) time_s the regular ,_-);traicj-ht-
Lime rcat(--.A for all timc_� w(_-)rkr,-_-,A in
I--s-- of en (16)
L
c0lisecut-- ve hout-.,--i.
c) Employees will bel paid overtime compen sat ir,-)n at the rate
01C pay equivalent to two (2) times the regular straight-
time rate for all time worked between 121:00 A.M. and 8:00
A.M.
4.
d) Employees called out on Sundays and holidays will be paid
overtime compensation at the rate of' pay equivalent to two
(2) times the regular straigl-i-t-time rate for all such call-
outs.
6.6 Rest Periods:
a) Any employee who has worked eight (8) hours or more at
overtime rates between the regular quitting tiizie and the
next regular
egular starting time, on regular work days, will be
entitled to a rest period of eight (8) consecutive hours
upon completion of such overtime work.
b) Should a rest period extend into ar. employee' s regular
work hours, the employee may be required to re _V_
'port for
f
work at the end of the rest period _J_7or the remainder, of
that regular work period. The employee will , in such
event, be paid the straight-time rate of 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 requireSD the employee +%,--o continue work into his/
h(:-_1r regular work period, the employee will be paid at two
(2) times -the regular st'raight-tirye rate for all ho1_1,r_(_:,-,
worked until the erinployce is given a rest period of eight
-V
(8) consecutive hou_,_-
S)_
d) If an employee becomes e-1igible -IL7or ra rest period and is
called back to work dur-J.-nq -the eight (8) hour rest T-D eriod
the employee will he paid at two (2) times the regular
straight-IC.ime rate for all Hours worked until he/she has
been relieveid fr_oni (Juty for a-t_. eight (8) Consecutive
hours
_10-
Title
HOLIDAYS
7 .1. Recognized Hopi-days.- Following are the recognized paid holidays for
all permanent employees
New Years Day. . .. . . . . . . . . . . . . . . . *J'anuary 1st
Washington' s Birthday. . . . . . . . . . . . Monday in
February
Memorial Day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Last Monday in May
IndePendence Day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .July 4th
Labor • • Monday in
September
V e e r a risc t D a.y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1`jov mber 11th
Thanksgiving Day. . . . • . . 4th Thursda y in
N ovember
Day aft er Thar--iksgivin c j Day. . . . . . . . . . . . . ♦ . . . . . . . . . . . . .Friday
25th
EI11Pl0y(-',C--,'s Birthday
7 .2 r Holidays Falling on a Saturday or Sunday: When any of t-he allowed
111o1.J-da.y f a 11 on a Saturday, the, holiday Will he observed on the preceding
Friday. If a holiday falls on a Sunday, the ]Eollowinq Monday will be ob--
served.
4
7 .3 El -Lb i 1.i ty r If an employee. takes o.'f
-- --ny of the. �ia,y.r_- observed by the
District as a holiday a-nd is ab.cz.(--�1--jt without pay ai-id/or authorization on the
.,j
work day ei-A--her- imm(-.A late ly preceding o-,- following s--uch day ol)served by the
District as a holiday, lie/she w-il.11- no+,- receive holiday pay.
Title 8
Transportation: 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, h(:-%/she will be reimbursed at the
then current tax c:,-_-xem,,pt mileage rate established by the -FRS, but in no
event less than $1.00 .1)er 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 and one-half (V-,) hours 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 su(,-,h work continues.
c) If the Distr-ict requires an employee to perform overtime work
on a. non-work day or after being releaseld 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 consurne
there will be at the District's expense. Time taken -to con-
suaie the meals, up to one-half hour, wi-1.1 be considered
as work tllllc�.
e) If an employee who. is entitled to -peals at t-he District's
expense does not accept any such meal, the D'&-.1
strict wil-L,
nevertheless, allow the employee one-half Oj) hour with pay
in addition to a $5.50 allowance for such meal.
r-,ontiriuously assigned to a
8.3 Telephone Expense: Employees who are 1�� _k
rota-IC-ing standby schedule and are required to maintain telephone service
at their residencle SFLa11_ be reimbursed by -the Distrl'ct for the basic;
mo n-t h I y ch.a r g e
-12-
i t 1 el 1)
LEAVE OF ABSENCE
UNPAID AND PAID
9.1 Personal Leave: An unpaid leave of absence will. be granted to a per-
manent employee for urgent substantial, personal reasons provided that ade-
quate arrangements can be made -to take care of the employee's duties without
undue interference wl*.th the normal routine of work. Such 1-c--A-ave will not be
granted if the purpose for which JLL_ is requested may lea.d. 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
reemployment rights are protected by law will be granted a "leave of
absence" without pay.
9.3 Medical Leave: Permanent employees may be granted a leave of absence
without pay after the expiration of paid disabi-lity leaves as provided in
Title 12. The District may require sat-is-E-actory evidence of any personal
illness prior to granting such leave.
9.4. Bereavement Leave: Permanent employees will be granted three (3) days
bereavement leave with pay in. the event of a death in their inunediate
4
fam-11-lies or a more d1S* Cant relative who was a m(---!ml)er of the employee' s
immediate household at the time of death. Irtuned-I'Late family consists of an
employee's or employee's SPOIUSC-11 1s mother, father, brother, sister, son,,
d,-iucJh-te,r, stc--11)-chi_ld, half--brother, half-sister, foster parent or grand-
parent. In addition,, such leave may be. extended to cover the employee's
step-pc-lrent,, foster child, or grandchild.
9,11S. Jury Duty: ' A permanent employee- will be -paid their straight time salary
if a leave of absence 'is occasioned by Cat call to jury duty; however, any pay
received as a juror will be deducted from the employee's wages.
9.6 M.-i-litary Training: The DJ,.str!.(-_,-t will make up the difference between
t-iormal .salary �.-Ai-,Id regular 111ilitary and J.(-_)nyc,-_vity pay when a permanent eml,;)loyee
is on activ(. d uty-1 * :.. q witI�l (71.1-1 f y O the -[1d]_.1,*,_tary services, the Coast-
,�- for t-_v,aJ_n*n
Guard, or National Guard.
9.7 general Provisions:
a) A permanent employees status, including any seniority accrual,
as a permanent employee will not be impaired by an authorized
leave of absence.
b) W1.1ile on zin unpaid leave of absence, can employee will not be
eligible for 1--)ersonal 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 oL'- the work days in a month,
such employee shall not accrue paid leave nor be entitled to
insurance coverage unless the employee pay tl,.--,ie premiums
therefore in a timely manner.
1 3-
`I'i t 1.e 0
VAICATION
10.1 Eligibility: Full-time permanent employees who have satisfactorily
_L J_
completed six (6) months of continuous service erv`ce w` 11 accrue vacation leave
from the date of 1-dre.
10.2 Rates of Accrual:
No. days per month
a) For the first -'Four (4) years
of continuous
b) After four (4) years of
continuous service. . e * * * * * * * * * e * a * * & o # & * % * * * & a * * *la50
c) After fourteen (14) years
of continuous service. . . . . . . . . . . . . . . . . . . . . * * * v ols75
d) After twenty (20) years
of continuous service. . * * * o o * * * P * * w & * e o a * o * * * * 92*00
1-0. 3 Consecutive Days: All vacations will be taken on c one,ecutive days,
in no less than weekly increments, unl(,-�ss othe-l-wise agreed to by the
DIS_tI_.r_I.Ct and the employee.
10.4 Termination: Any eiytiployee who leaves District effl_ployment before taking
his/her regular scheC-1uled, vacation will be entitled to receive full pay for
any accrued vacation.
10.5 Vacation Scheiduling: Vacation leave may be scheduled during the calendar
year by mutual. agreement between management and employee. There will be a
s_-I.,gn-up in each department so that employees may designate their cho'ices of
vacation periods. The District will prepare and post -the annual vacation
schedule effecting, wherever possible, the select ions of employees in the
order of se---Nniority. Such vacation schedule will be posted on or before
Apr 15th .-----Aach year.
1.0.-6 Carryover.- An employee may fo.-r.-ego his/her 1.7acation in one year and
carry it over to the following year provided the District gives its written
approval in advance. Tri no event will an. employee defer all or any portion
of at'i annual vacation leave longer than one year unless the employee is
unable -to take such vacation by reason of industrial injury.
10.7 Part-time Permanent Eirrip loyees: Provisions for part-time permanent
employees will he essentially the same as above except that vacation leave-,
will.- be pro-rated in accordance with time worked during the month.
low
Title 1-1
SAF ETY
11.1 Tools: The District will furnish all tools and specialized
safety devices necessary to perform an employee' s assigned duties.
Every effort will be made by the employee -t(,-) maintain -them in good
condition because an employee's saJ-:e4-y is dependent upon his/her
equipment.
1J_. 2 Safety Meetings: Safety meetings wil l be prepar ed and conducted
during the c(--)urse of regular working hours by a person designated by
Max-iagenient. 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 c,-afe-L---y of employees in the performance of their
work. Employees wIll jointly cooperate in promoting the responsi.-
bi-1-ity of the individual employee with regard to the prevention of
accidents.
1-1 .4 Safety Committee: The District Manager will. ap-r)oint a Safety
CortunIttee comlx)sed of at least one management employee and two non--
management employees. Such Conuntittee will function in the f ield of
accident prevention by ascertaining unsafe working conditions. At
least every s--*Lx (6) months it will recommend, in writing to the
Mariagerl any correC1_-1tivf.--_-,,- measur(.-�s it deems necessary. -.It is under--
!:-;'Lood t-hi,--it such Cc),1ruxiJ,,t-1.--.erD shall serve, _J_,it an j.i.dvisory capacityonly
and will JM no way ;_-assume any responsIbil-ity for th(-,,-i safe op(-_--.c1__ation,
of the District.
-1 4-
-1 .5 Sa lety Rule�.,-D,: Thle District reserves the right to draft reason-
-able Safety rules for employees and to 2-nsa..st on -the observance of
such i_-ules.
Title 122
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, there-
by, unable to perform his/her regular duties and responsibilities,
Such inability will have resulted from (1) personal illness or ac-
cident; orl (2)- pregnancy. Personal. Disability Leave J_Q not appli-
cable to industrial disability (otherwise provided for below) ex-
cept to the extent of supplementing industrial disability leave up
to 100% of an employee's regular straight-time earnings. Such ap-
plication will be at the employee's option,
12.2 Eligibility & Accrual: Full-time permanent employees and
part-time permanent employees who work twenty (20) or more hours
per week, who have completed 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 em-
p"Loyee remains in a pay status (twelve, 12, days per year maximum) ,
A_
When an employee no longer is being compensated during the major
portion of any month by regular pay, paid vacation, or any other
-4-7
form of paid leave, the employee no longer will accrue leave credit.
12.3 Evidence of Disability- : The District may require satisfactory
evidence of any di-,1__-3abilitybefore leave will be granted. if it is
-C
f-ound that the employe' i v
s taking undue advantage of disabili-i-ty
leave provisions, the employee will forfeit all disability leave ac-
crued up to that date.
12.4-- Holidays.- If a holiday falls on a work day within the disa-
bility leave period of Ern employee who is entitled to paid, holidays,
it will not be included in the. leave. No tax J,.n9- with--i-n this Title
will be interpreted to entitle an employee to disability leave while
on vacation or layoff.
12.5 —Industrial Disabilitie.s-, When an employee is absent by reason
of disability which falls within the application of the Workers Com-
pensation 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 fol-lowing the day of the disability. The combined amount of
industrial disability and Workelr_s Compensation benefits payable for
each day of absence will riot exceed, ninety percent (90%) of each em-
ployee's basic daily wage.
12.6 Limitations.- The total berief its to be paid for any combination
of personal disability leave and industrial disc-ib-ility leave.- will not
t ime ea rning s l e s s any bene f its du e
e x c d 10 0 of normal stra.i_ght
from Workers Compensation State Disability Insurance, Social- Security
Disability provisions, and/or C--Any other benef it program to which the
District contributes.
12.7 Return to work: Prior to a. return to word., -the District may require
a physical release stating the employee is physically able to perform his/her
job duties following any absence because o� serious illness or injury.
-17-
Title 14
GRIEVANCE PROCEDURE
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) TI'le Discharge, demotion, or discipline of an
individual employee.
This procedure does not apply to instances of dissatisfac-
tion 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.
14.2 Representation: In init.iating and prosecuting a grievance, an
employee may represent him/1-ierself or be represented by a representa-
tive of a recognized employee organization.
14.3 Time Limits: The time limits specified be-low inay be extended
for a reasonable period of time to a def initrl---A date and time by the
mutual consent of the involved parties. The failure by the involved
employee to meet any specified E-Tplicable time lirnit will constitute
a withdrawal of the grievance. The failure by the involved employer
representative to meet any specified applicable time limit will en-
title the involved employee to take the next step in the grievance
procedure. 1
14.4.- Grievance Procedure Steps:
.Step #1 The employee, or one desi-gi-lLated member of a group
of employees, an employee organizat
k i'on of-
fi%-..ial if desired by the emp-loyee) will first
identify and discuss the grievance with the im-
mediate supervisor. If it is not satisfactorily
resolved, then
-Step #2 The employee (and an employee organization official
if desired by the employee) may reduce the grievance
to writing and resubmit it to the Immediate super-
visor within twenty (20) working days after the
facts or circumstances giving rise to thc� grievance
are available to the e inploye-Le. The supervisor will
investigate ally grievance properly submitted and
give a decision on the matter withii-,, ten (10) work-
ing days froirt the day the grievance was received.
Tf
it is not sat ilsfact car ily resolved, tl-N.en:
Step #3 The employee (and an. employee organization official
if desired by the employee) y1nay refer the matter to
the department head within ten (10) working days
from the day the decision i1i Step V was received.
The department head will give a decision on the
matter within ten (10) working days from the day the
grievance was received. If it is not satisfactorily
resolved, then:
S
The employee (and an employee organization offical
if desired by the employee) may refer the matter to
the District's Manager within -twenty (20) working
d C-1 y s f rOITI the clay the decision in Step #3 was re-
ceived. The District Manager will promptly schedule
and conduct an informal hearing oj,rl t1-1 e grievance and
render a decii_sion witM J_n ten (1-0) working days from
the day on which the hearing is concluded. If it is
not satisfactorily resolved, then:
t e off -ca
It 5 The employee (and an employee organ-ization i I
if diesired by the em.p-Ioyee) may refer the matter to
the District's Board of Direc-IC-orS within ten (10)
working days from the day the decision -in Step #4
its option,
4
was received. The Board of Direrl.--tors., at I
will determine whether to conduct a hearing themselves
or t refer t h e ,jri( * #
evance to c-i. hearing before an ad-
visarw arbitrator. If the Board elects to conduct
a I-leariniq a decision will be rendered
within twenty (20) working days from "Ehe day on which
•t-h e 'h(.---�arinq i s c o n c-Il u ded. Tf t11-ie matter is not
Sat1_S11._&i_ct,c_)ri1.y resolve(], then:
Step ff6 The employee (and an employee organization official
if desired by the employee) may refer the matter to
Advisory Arbitrat-1.0fl. In any case, the Board will
render a decisir-,Dn withi-1-1 twc my (20) working days from
the day the Board receives notification of the Advisory
Arbitrator's recommendation. Such decision will be
final and bindling.
Special Provision:
a) The employee initiating a grievance will be present during all
steps of the procedure except as (-,�therwise agrer,-----,d by the District
and the employee organization.
b) The grievance procedure, startt_-incr at the fourth Step,, may also
j
be emj-_)1oyed by the Di_striCt or the Ui--i-ion for any matters arising
under bind_-1..n.y memoranda of unc-lerstandii--tg.
c) If the na).ana-gement official in. Ste-,r) ff3 is the same- as in Step #2,
Stei-) If wi.1.11- be by-passed.
(ri't..-e 1.5
-3
LAYO'Ir'F A14D DJ*,J'MOTTON PR'(')CI_.S.,DTJRE
15.1 Contract Work.- Nothing contained herein will be construed as
limiting the right of the District to determine the met hods' of its
operation, the amount of production, the number of employees in total
or in specific classifications or work. However 1-1�
that in no case will it lay off empi , t' r-1 District agrees
as the result of work cor'-itracted.
1-5.2 Notice: When it becomes -nece.ssary to Tay off employees clue to lack
of work, the District will give employee�-; concernled as much notice as
possible except in the case of temporary ernr)loyees where no notice is
required.
15.3 Layoff and Rehire: When it becomes necessary to reduce the work-
force, senior employees will be retained provided they have the necessary
skills and ability to perform -the required work efficiently and without
training. The Distr--i-c-L will make a reasonabl-e effort -Lo_ nkotify such
employees, in order of se-niority, of Job vacancies which occur within
twelve (12) months following the layoff. EmpIoyeiI--_--'.s rehired in the twelve
(12-) month period will be reinstatekcl with all I-)ene-JI-Tits for which -Lhey
previously qualified except in thc:-_- case of a tempor(-Ary 0-Tnploy(,-�e where no
rehire status is riecessary.
15.4 - Journeymen: Jour'neymen linemen and wo:r_-kinig 1--orernen who are
reassigned to apprentice work will retain j ourneyina r, st:7 t u s'
--20-
Title 16
J013� VACANC.TES
16.1 Notice of -vacancy: When (a) new positions are created; (b) additional
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 ofvacancies,
the classifIcation.s., the job descriptions, -t-he required,
examinations requireld - the rate of pay zind the c1_(_-)s_in( date for receipt
of applications. Any employee may apply for cons iderat ion in the filling
of such vacancies and the. District shall accept for consideration any ap-
plication received prior to 5:00 p.m. on -the closing date. Employees will
have at least twenty-four (24) hours in which to apply.
16.2 Considerat-ion.- All. applicants will be considered. according -to the
established qLial-ifications for the classifications involved. The ability
to rneet -the qualifications for a classification wi .1-1 be determined by
exa.irtination. S-11LIch examination may consist of oral or written -interview;
oral, written, or practical test; or any combination of these. To the
extent feasible, all applicants for a particulcar vacancy wi.1-1 be given
identical examination.
Tric-lUmbent employees who are qualified will be given preference to fill
existing vacancies in accorckrice with "their senior it.-_-y.
16. 3 Employee Appointment-s: Incumbent employees who are <--ippoint.ed -It.--o
fill vacancies shall be placed on probation in the new T-_)O-sition for a
4
period of three (3) months. At any t1me during thi s period either the
employee or the District may terminate the appointment.
1.6. 31, Terminated by Employee: if t'he appointment is terminated
by the em_)Ioyee, 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 -L---o some other classification rriLitually sat A-sfactory to
both the eri-iployee and the District prov-1-CIted a vac;1.-1.nc-y exists; or,
(3) laid of_-f w.ith rel-tire rights as r)rov_;L_(J ed for in Sr"ction 15. 3.
16. 32 Terminated for -Unsatisfactory Performance: T f the appointment
is terminated because of unsatisfactory perform'ance, the same con-
sideraIL-ions as provided for in subsection 16.31 will apply. In
lieu of layoff, the employee may, if qua--lified, elect to displace
a probationary employee in a beginning classificatioi-1.
16. 33 Position Eliminat T ed: A-f the appointment is terminatell-3
because the position. is el,ii-nin(-:_ite-,d the (-
I p loyee's status wi 11
be determined by his/her seniority and qualif_i C1 _Ca bons as provided
for in Title 1-5, Section 15.3.
-21-
16.4 Notice of Filling: The District shall, in nol: more than fifteen (15)
working days frorn the. closing date, for applici--itions, post on District
bulletin boards a notice regzIrding the di.S-POSiLion of the position with
the naMe of the applicant, if any, -elected. "Phe. Union shall be Promptly
notified of any employee who is by-passed and the reasons therefor.
-22-
Title 17
TERMINATION
17.1 General: It is express-ly understood that the District re-ta in s
the right to terminate any employee for unsatisfactory performance
or other ser-J-ous cause. The specific reason(s) for such termination
will be given in writing with:i-r -h (43' hours of.. U-ie tj-mc} of
such termi,nation.
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
i-rianner
(b) Insubordination
(c-;) At)sence w--i..-thout 7-iuthorizatd-on. or just cause
(d) Failure to effectively cooperate wi-(----h supervisors
an d -'V a f r ell ece ow employs in matters pertaining to
L.
District operations
(e) Insobriety on the job
(f) Dishonesty
-23-
Ti t I e 18
INCLEMENT WEATHER PRACTICE
18 .1 General: Employees who are unable to work in the field be-
cause of inclement weather or other similar causes, will receive
pay for the full day provi-ded they have reported for duty. However,
they may be he-ld pending emergency calls and may be given first aid,
safety, or other instructions. In addition, they may be required
to perform misc(-_�-Ilaneous 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
(c) Undue hazards
(d) Service to the public
(e) Job site working conditions
(f) Anticipated durat.:--ion of time required to leave
unfinished job i1i a sc-,f e coril-
,1 1 o n
(g) AnLicipated duration, of inclement weather
(h) Distance from job site to operating h(1-_---,-adquarters
(i) Any other pertinent factors which, J.-n mc--i.na.qement' s
opinion, should be tak-en in-to account in reaching a
delcision relative to stopping or continuing work
-24-
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. The Distr_ict and
the Union will. meet during April 1981 for the purpose of considering changes
in the employee benefit program.
19.2 Contributions:
a) Group Insurance Plan.- The District will continue to
contribute eighty-five percent (85%) of the premiums
for employees and dependents.
b) Long-term Disability and Retireme.nt Plans.- Upon imple-
mentation of this Memorandum of Understanding, the
District will continue to contribute one hundred percent
(100%) of the current premiums.
Title 20
CLASSIFICATIONS AND WAGE RATES
The use of masculine or feminine genders
or titles herein will be construed as including
both genders and riot as sex 1-41-mitations
20.1 Current Pay Days: 3rd and 18th of each month un]_E�ss such day falls
on a non-work day in which case pay day will be on the last work day.
20.2 Employees moving into a clan sif-ication hav ing 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.
20.3 Employees moving because of lack of work or health reasons into a
classification having a lower wage range than their current class i f ication
shall be placed in -L--he wage step closest to, but riot higher than, their
current wage rate. For reasons other than provided for in the foregoing,
employees will be placed in the wage step commensurat e. with applicable
skills, knowledge and abilities.
T--#,t-tle Effective
12/1/80
E le ctric Depar tment
Foreman, Power Services (Working-)
Lead Lineman • 12.32
Lineman, Journeyman • 11.73
Apprentice Lineman.-
Start . . . . . . . . . . . . . . . . . . . 8.50
After 6 months 8.80
After 1.2 months • 9.09
After :P8 morytIls 9.39
After 24 months . . . . . . . . . 9.67
..After 30 months • • 9.97
After 36 months 10.85
Helper:
St art 0 9 4 0
After 6 months • 7.63
After 1.2 months . . . . . . . . . . . . . 8.21
Techi--)&ical. Services Department
Foreman, Technical Services . . . . . . . . . . . . . . . . . . . . . . . 12.90
TechnicianAT Meterman . . . . . . . . . . . . . . . . . . . . . . . . . 11.73
Warehouseman/Service Utility Man • 9.97
Meter Rc-!ader/Col-lcic-L---or/Servi-cc-,nial-1:
Start
7.33• • r • • . • w w • •
Af ter 6► months . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 7.92
After 12 1{1ont'lh_.{:-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.50
After 18 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.0 9
.....26-
T itle Effective
12/l/80
Helper:
Start 7.03
After 6 months • 7.63
After 12 months . . . . . . . . . . . . . . . . 8. 21
Utility Worker.-
Start . . . . . . . . 3.52
After 6 months . . . . . . . 4.10
After 12 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.69
After 18 months
5.27
After 24 months .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.86
A f-t e r 30 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.45
Water Department
Foreman, Water Services (Working) . . . . . . . . . . . . . . . . . . . . . . . . . 11.73
S e r v i c ema.n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.56
Helper:
Start 7.03
After 6 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.63
After 12 months • . . . . . . . . .
Utility Worker-
Start • • • a. 3.52
After 6 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10
After 12 months . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 4.69
After 18 months . . . . . . . . . . . . . . . 5.27
After 24 months . . . . . . . . . . . . . . 5.86
After 30 months 6.45
Administration Department
Bookkeeper:
S t a r t 7.57
After 6 inon.ths . . . . . . . 7.95
After 12 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.36
After 18 months . . . . . . . . . 8.77
After24 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 * 000600 . 9.21
After 30 inon-LI-Is . . . . . . . . . . . . . . . . . . 9.67
Secretary.-
Start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.87
After 6 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.22
After 1.2 months 7
After 18 months -57
A fte r 2 4 m o n t h s • 7.95
Af ter 3 0 mo j.-I t!,,I s 8. 36
Senior Clerk: 8.77
.Start . . . . . . . . . 6.87
After 6- months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.22
After 12 month. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 7.57
After 1-8 months . . . . . . . . . . . . . . . . . . . . 0 & 0 M, 0 0 0 * 7.95
After24 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 0 0 a 4. 0 0 a 8.36
After 30 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.77
-27-
Am
Title Effecti-ve
1-2/1/80
Gell-leral Clerl,-,:
Start. . . . . . . . . . . . . . . 5.12
After 6 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.38
A ft er 12 months . 0 0 a 0 a 0 0 ft 0 0 0 0 * 0 • • 5•65
After 18 moriths . . . . . . . . . . . . . 5.94
After 24 months . . . . . . . . . . . 6•24
A fter 3 0 months • • • 6 54
Junior Cler'lk.-
S tar t . . . a 0 V 0 * * • 3 r 4 5
After 6 months 3.62
After 12 months . . . 3.80
After 18 months . * 0 3.99
After 24 months . . . 4.19
After 30 months • 4.41
Time intervals specified above represent the expected rate of
advancement. A stc--,,,I? increase may be withheld if an emp loyee
is not making satisfactory progress; however, in such event,
the employee will be advised in writing as to the b,:D.s_-*t_.s .1--or
deniai.
-28-
Title 2 1
TP'IRM 0"'r' AGREJ_11`M1_1'*NT
This Memorandum of U ride rstandi ng constitutes the sole, entire- and existing
agreement. between thc--, parties. It expresses all obligations and restric-
tions imposed on each of the respective Parties during the term of the
agrec-ment and supercedes call prior agreements and understandings, express
or implied, between the District and the Union or its members. However,
the above will not in 'any manner preclude the nieeting and confer_rinq on
any issues mutually selected for discussion by the parties.
Unless otherwise specified, this Memorandurn 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
November 30, 1981 0
If either party desires to amend this Memorandum, it will give- notice there-
of to the other t)�_i.rty dutring 0-to period Auyus3t I to September 30, If,471 , in
which event tl-,je par-ties will commence discussion of any proposed amendments
as soon as practicc-Lble after such notice has been given.
TRUCKEE-DONNER PUBLIC UPI LITY LOCAL UNT-ON 1245
DISTRICT I.NTERNATIONAL BROTHERHOOD OF-
ELECTRICAL WORKERS, AFL-CIO
Dated: Dated:
-29-