MEMORANDUM OF
UNDERSTANDING
BETWEEN AND FOR THE
CITY OF FRESNO
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL UNION 100
(Non-Supervisory Groups and Crafts – Unit 7)
June 17, 2024 – June 15, 2025 June 16, 2025 – June 25, 2028
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TABLE OF CONTENTS
Page
ARTICLE I ....................................................................................................................... 1 PREAMBLE ..................................................................................................................... 1 A. PURPOSE ........................................................................................................ 1 B. GOVERNING LAWS ......................................................................................... 1 ARTICLE II ...................................................................................................................... 2 EMPLOYEE RIGHTS ...................................................................................................... 2 A. EMPLOYEE RIGHTS ........................................................................................ 2 B. EMPLOYEE RESPONSIBILITIES .................................................................... 2 C. SURVEILLANCE CAMERAS IN WORKPLACE LOCATIONS .......................... 2 ARTICLE III ..................................................................................................................... 3 CITY RIGHTS ................................................................................................................. 3 A. GENERAL ......................................................................................................... 3 ARTICLE IV ..................................................................................................................... 4 RECOGNITION ............................................................................................................... 4 A. RECOGNITION OF UNIT DESCRIPTION ........................................................ 4 B. UNION RECOGNITION .................................................................................... 4 C. CITY RECOGNITION ....................................................................................... 4 D. RECOGNITION OF MUTUAL OBLIGATION .................................................... 4 E. LOCKOUT AND STRIKE .................................................................................. 5 F. UNILATERAL ACTION ..................................................................................... 5 G. EMPLOYEE PERFORMANCE EVALUATIONS ............................................... 5 I. NEW EMPLOYEE ORIENTATION ................................................................... 6 J. EMPLOYEE INFORMATION ............................................................................ 6 K. BY-LAWS .......................................................................................................... 6 ARTICLE V ...................................................................................................................... 8 DUES DEDUCTION ........................................................................................................ 8 A. DUES CHECK-OFF .......................................................................................... 8 B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION.............................. 8 C. DUES DEDUCTION .......................................................................................... 8 ARTICLE VI ..................................................................................................................... 9 GRIEVANCES ................................................................................................................. 9 A. GRIEVANCE PROCEDURE ............................................................................. 9 ARTICLE VII .................................................................................................................. 12 COMPENSATION AND BENEFITS .............................................................................. 12
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A. GENERAL ....................................................................................................... 12 B. RETIREMENT CONTRIBUTION .................................................................... 13 C. OVERTIME (OT) AND PREMIUM PAY .......................................................... 13
1. Overtime: ............................................................................................................................................. 13
2. Premium Pay: ....................................................................................................................................... 14 a. Commercial Drivers License (CDL) ....................................................................................................... 14 b. Hazardous Duty .................................................................................................................................... 14 c. Call Back Pay ........................................................................................................................................ 15 d. Standby ................................................................................................................................................ 16 e. Shift Differential ................................................................................................................................... 17 f. Show Up Time ...................................................................................................................................... 18 g. Temporary Assignment Pay ................................................................................................................. 18 h. Bilingual Certification Program ............................................................................................................ 18 D. SAFETY SHOES & SAFETY GLASSES ........................................................ 20 E. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST .................. 20 F. LEAVES .......................................................................................................... 21
1. Holidays and Birthday Leave: ............................................................................................................... 21
2. Sick Leave: ............................................................................................................................................ 24
3. Vacation: .............................................................................................................................................. 25
4. Bereavement Leave: ........................................................................................................................... 26
4.5. Leave Approval: ............................................................................................................................... 27
5.6. State Disability Insurance (SDI)/Paid Family Leave (PFL): ............................................................... 27
6.7. Health Reimbursement Arrangement (HRA) .................................................................................. 29 G. WORKERS' COMPENSATION ....................................................................... 30 H. HOURS OF WORK AND SCHEDULES ......................................................... 31 I. COMPENSATORY TIME OFF (CTO) ............................................................. 32 J. SENIORITY ..................................................................................................... 33 K. TRANSFERS .................................................................................................. 33 L. EMPLOYEE FATIGUE .................................................................................... 34 M. STANDBY EQUIPMENT ................................................................................. 34 N. EMPLOYEE INCENTIVE TIME OFF .............................................................. 35 O. CLASSIFICATION AND COMPENSATION STUDY ....................................... 35 ARTICLE VIII ................................................................................................................. 36 FEDERAL DRUG POLICY ............................................................................................ 36 (FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT) .................. 36 ARTICLE IX ................................................................................................................... 38 HEADINGS ................................................................................................................... 38 A. HEADINGS ..................................................................................................... 38 SAVING CLAUSE/FULL UNDERSTANDING ............................................................... 39 A. SAVING CLAUSE ........................................................................................... 39 B. FULL UNDERSTANDING ............................................................................... 39
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ARTICLE XI ................................................................................................................... 40 TERM ............................................................................................................................ 40 EXHIBIT 1 ..................................................................................................................... 42 EXHIBIT 2 ..................................................................................................................... 43
LEGEND
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[§ deleted] = section/subsection deleted
[§§ deleted] = two or more
sections/subsections deleted
bold type = new language
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ARTICLE I
PREAMBLE
A. PURPOSE
This Memorandum of Understanding, hereinafter referred to as “MOU,” entered into between the City of Fresno, hereinafter referred to as the City, and the International Brotherhood of Electrical Workers, Local Union 100, hereinafter referred to as “IBEW,” “Local 100,” “Union,” “Unit,” “Unit 7,” or “bargaining unit,” has as its purpose the establishment of wages, hours, and other terms and conditions of employment.
B. GOVERNING LAWS
The legal relationship between the City and its employees (employer/employee) and the City and IBEW is governed by Chapter 10 of Division 4 of Title 1 of the Government Code (Section 3500 et seq., commonly known as the Meyers-Milias- Brown Act (MMBA)), applicable provisions of the Public Employment Relations Board (PERB) and Article 6 of Chapter 3 of the Fresno Municipal Code, hereinafter FMC, as may be amended from time to time. In the event of conflict between said laws and this MOU, said laws shall govern.
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ARTICLE II
EMPLOYEE RIGHTS
A. EMPLOYEE RIGHTS
Except as otherwise provided in this MOU, the rights of employees include those set forth in FMC Section 3 -604. Execution of this MOU shall not be deemed a waiver of any Union or employee right unless the right is clearly or explicitly modified or restricted herein.
B. EMPLOYEE RESPONSIBILITIES
All employees in this Unit acknowledge that the City shall consider the positions and proposals of IBEW as the meet and confer positions and proposals of all employees, individually and collectively, in said Unit.
C. SURVEILLANCE CAMERAS IN WORKPLACE LOCATIONS
The Union agrees that the City has a legitimate interest in the use of video- only surveillance cameras, including in workplace locations, for purposes related to safety and security of employees and City property and, within the restrictions described herein, to monitor work progress. (This agreement is limited to installed video-only surveillance and is not intended to apply to installed surveillance video involving sound recording.)
The City agrees to provide advance notice before any additional surveillance cameras are installed in areas in which bargaining unit employees work or congregate. In no event will such cameras be installed in locations in which bargaining unit employees have a reasonable expectation of privacy, such as washrooms, locker rooms, or dressing areas.
The parties further agree that the information obtained by use of such cameras may be used for the purpose of addressing safety violations, criminal conduct, or conduct in violation of established City policies. The information obtained by the use of such cameras will not be used to evaluate an employee’s work output, or for general performance evaluations, nor will the information be used for the purposes of initiating disciplinary measures unless such discipline is based on safety violations, the commissi on of criminal acts, or the violation of established City policies. In the event that disciplinary action is proposed consistent with this Agreement, the City agrees to share the information obtained by the use of the surveillance camera(s) with the employee or with a representative of Local 100, if so requested by the employee in writing.
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ARTICLE III
CITY RIGHTS
A. GENERAL
1. The rights of the City include those rig hts enumerated in FMC Section 3-605, as may be amended from time to time, specifically:
“a. The exclusive rights of the City include, but are not limited to, the right to
(1) determine the mission of its constituent departments, divisions, commissions, and boards;
(2) set standards of service and municipal fees and charges;
(3) determine the procedures and standards of selection for employment, assignment, transfer and promotion;
(4) direct its employees;
(5) take disciplinary action;
(6) relieve its employees from duty because of lack of work or for other legitimate reasons;
(7) maintain the efficiency of governmental operations;
(8) determine the methods, means, and personnel by which government operations are to be conducted;
(9) determine the content of job classifications;
(10) take all necessary actions to carry out its mission in emergencies;
(11) exercise complete control and discretion over its organization and the technology of performing its work.”
2. All other rights formerly or presently claimed by or vested in the City on the effective date of this MOU and not mentioned in Subsection 1. (a) are retained by and reserved to the City unless explicitly waived by the City by resolution of the Council or by Council-approved MOU.
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ARTICLE IV
RECOGNITION
A. RECOGNITION OF UNIT DESCRIPTION
The non- supervisory groups and crafts unit, hereinafter Unit, consists of all employees holding a permanent position, as defined in FMC Section 3-202 (p)(4), in one of the classes (hereinafter collectively referred to as employee unless otherwise specified) contained in Exhibit 7 of the Salary Resolution, listed below, provided that such Unit may be modified from time to time in the manner designated in the FMC Sections 3-613 and 3-614.
Air Conditioning Mechanic
Airports Electrician
Concrete Finisher
Electrician
Industrial Electrician
Painter
Plumber
B. UNION RECOGNITION
The City acknowledges IBEW as the recognized employee organization representing the Unit, and therefore, the parties agree to meet and confer in good faith promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals . MOU negotiations may be initiated at the request of either party and the City shall accept proposals from IBEW as early as five (5) months preceding the expiration of the MOU.
C. CITY RECOGNITION
IBEW recognizes the City Manager of the City, or such other person as may be designated in writing, as the designated representative of the City, and shall meet and confer in good faith promptly upon request by the City and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters wit hin the scope of representation.
D. RECOGNITION OF MUTUAL OBLIGATION
IBEW and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth in, and to adhere to the conditions and clauses set forth, in this MOU.
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E. LOCKOUT AND STRIKE
1. No lockout of employees shall be instituted by the City dur ing the term of this MOU.
2. No unlawful strike or work stoppage by City employees, as defined in FMC Section 3-624, or State bargaining laws, shall be caused, instigated, encouraged, condoned, participated in, or honored by IBEW or its members during the term of this MOU.
F. UNILATERAL ACTION
In the event the meet and confer process for a successor MOU results in an impasse, as defined in the FMC, the City shall not take unilateral action regarding wages, hours, and other terms and conditions of employment prior to the completion of the impasse procedure as required by the FMC and MMBA.
G. EMPLOYEE PERFORMANCE EVALUATIONS
1. Each City department shall have the right, at a minimum, to conduct annual employee performance evaluations on a department -wide basis for all employees at the discretion of the appointing authority.
2. Supervisors shall complete quarterly evaluations on probationary employees. Two (2) evaluations shall be conducted during the first six (6) months and two (2) during the second six (6) months.
3. An employee who disagrees with a performance evaluation may within ten (10) calendar days from the date of receipt of the performance evaluation:
a. Write a rebuttal statement for attachment to the performance evaluation form; and/or
b. Request further review with the supervisor of the reviewer, but in no case higher than the department head.
4. Employee performance evaluations are not subject to the grievance procedure.
H. HIRING HALL NOTIFICATION
The City agrees to provide IBEW a copy of all job announcements for permanent positions in Unit 7.
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The City also agrees to provide IBEW a copy of all job announcements for temporary employment for classifications in Unit 7.
Provision of such notices to IBEW does not obligate the City to hire from IBEW or any other groups and crafts hiring hall. The City reserves the right to consider qualified applicants via the City’s temporary applicant pool before opening a recruitment for temporary employment.
I. NEW EMPLOYEE ORIENTATION
The Personnel Services Department (PSD) provides a new employee orientation program to all new City employees (i.e., NEO). PSD will notify the Union at least ten (10) business days’ in advance of a scheduled NEO, and at the end of the work week immediately preceding the NEO if the NEO will include any individuals who will be represented by the Union, unless the City is unable to reasonably do so because of an unforeseeable urgent need critical to City operations.
A representative of the bargaining unit will be invited to the NEO meeting room immediately prior to a session to be conducted by the bargaining unit and will be introduced by a City staff member. The bargaining unit representative will be provided an opportunity to meet with new bargaining unit members during the NEO. The session will be scheduled for twenty (20) minutes. This session will not be held if there are no new bargaining unit members attending the NEO or rescheduled if the bargaining unit representative is not available.
J. EMPLOYEE INFORMATION
The City will provide the employee information it has on file in compliance with California Government Code Sections 3555 – 3559) for all new hires in the bargaining unit within 30 days of hire, as well as all employees represented by the Union at least once per quarter.
K. BY-LAWS
Local 100 will provide a copy of its By -Laws to the Labor Relations Division. An updated copy of the By-Laws will be provided to Labor Relations whenever the By- Laws are changed.
L. NOTICE
The City and Union mutually agree that notice shall be given, where required under Cal. Gov. Code. Section 3500.5 (i.e., the Myers-Milias-Brown Act), via email to the Union representatives of record. The Union shall have fourteen calendar days from the date of receipt of notice to respond to the City via email to request meet and confer. Failure to respond to the City within fourteen calendar days shall constitute MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 7
a waiver of meet and confer rights with respect to the substantive matter addressed by the notice.
M. STEWARDS
The Union shall have the right to appoint a Steward to any division (i.e. TSSL, Water, Airport, etc.). Stewards shall be appointed by the Business Manager of the Local Union. The individual appointed as a Steward shall have received the IBEW Steward training prior to assuming the duties of a Steward.
The appointment of Stewards must be submitted in writing to the City.
Such Steward shall see that the working conditions of this agreement are observed and shall have sufficient time to perform these duties during regular working hours.
Stewards shall endeavor to provide as much advance notice as possible regarding the need to use release time as is practical and shall notify their immediate supervisor of the time required to engage in the Steward duty.
Employees shall return to their assigned work duties promptly upon completion of their Steward duties if scheduled work time remains in the employee's assigned shift.
Under no circumstances shall the City or department dismiss or otherwise discriminate against an Employee for making a complaint or giving evidence with respect to an alleged violation of any provision of this Agreement. At no time shall a Steward be discriminated against for the faithful performance of his duties. When possible, the Union shall be notified forty-eight (48) hours in advance of the known dismissal of the Steward from any department.
A written list of the Elected Officers of the Union and the Union Stewards appointed to the City, within the divisions of Unit 7, shall be furnished to the City immediately after their designation and the Union shall notify the City promptly in writing of any changes of such Union Officers or Stewards.
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ARTICLE V
DUES DEDUCTION
A. DUES CHECK-OFF
1. The City shall deduct the dues or benefit premiums, or both, following receipt of notice from IBEW that authorization has been provided to IBEW by an employee who desires a dues deduction in this Unit. The City shall stop dues deductions or benefit premium deductions, or both, upon receipt of notice from IBEW that authorization has been provided to IBEW by employees in the Unit. Should there be a dispute regarding the deduction of dues, IBEW shall provide the City with a copy of the authorization(s) signed by the employee.
2. IBEW, in consideration for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with Government Code Section 1157.12, shall indemnify and hold harmless the City of Fresno, its officers, and employees from any liability that may result from making, canceling, or changing requested deductions.
3. Dues deductions will be terminated when an employee leaves the bargaining unit.
4. Any disputes regarding the interpretation of this Section shall be resolved through the grievance procedure unless another established appeal procedure exists.
B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION
An employee’s earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorization.
When an employee is in a non- pay status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay period, nor may the member be required to deposit, nor may the member deposit with the City Controller, the amount which would have been deducted if the member had been in a pay status during that period. In the case of a member who is in a non- pay status during only a part of the pay period and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made.
C. DUES DEDUCTION
The deductions shall be transmitted at least monthly by electronic funds transfer to an account designated by the Union.
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ARTICLE VI
GRIEVANCES
A. GRIEVANCE PROCEDURE
1. A grievance is a dispute concerning the interpretation or application of any existing City rule or regulation governing personnel practices or working conditions, including this MOU. A grievance involves the claimed misapplication or misinterpretation of a rule or regulation relating to an existing right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure, including but not limited to, appeal to the Fresno Civil Service Board, Retirement Board, Public Employment Relations Board (PERB) unfair employee- employer relations charge or fact-finding procedures, or as outlined below.
2. A written grievance must set forth the rule or regulation claimed to have been violated, describe the specific incident or circumstances of the alleged violation, and specify the remedy sought. Any dispute between the parties as to the grievability of an issue or as to whether the requirements of this procedure have been met shall be presented to the Grievance Advisory Committee (“Committee”). The Committee shall rule on the dispute before proceeding with the hearing. (See Article VI, A-5 below).
3. IBEW may represent employees covered by this MOU on grievances under the grievance procedure.
4. The procedure and sequence in filing and processing a grievance shall be as follows:
a. The grievant and/or IBEW representative shall discuss the grievance with the grievant’s immediate supervisor before a written grievance may be filed.
(1) If the grievance is not settled through this discussion, it either may be discussed with the next higher supervisor or a written grievance may be filed with the gr ievant’s immediate
supervisor. A written grievance must be filed within twenty (20) calendar days from the time the employee becomes
aware or should have become aware of the issue or incident giving rise to the problem.
(2) Upon receipt of a written grievance, the immediate supervisor shall give the grievant a written reply within ten (10) calendar days.
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b. Should the grievant not be satisfied with the answer received from the immediate supervisor, the grievant may within ten (10) calendar days from receipt of the answer file an appeal with the department director. The department director shall have fourteen (14) calendar days after receipt of the appeal to review the matter, investigate and provide a written answer to the appeal, explaining clearly the decision or proposed action and reasons thereof. The department director may confer with the grievant and appropriate supervisors in an attempt to bring about a harmonious solution.
c. The City and IBEW may mutually agree to waive steps 1 and 2 and proceed directly to hearing by the Committee when the issue is one in which the grievant’s supervisor or department director has no jurisdiction.
(1) If the grievant is not satisfied with the decision of the department director, the grievant may within seven (7)
calendar days after receipt of the written reply, file a request for a review of the department director’ s decision to the Grievance Advisory Committee, with a copy sent to Labor Relations. The review/appeal to the Grievance Advisory
Committee shall be reviewed and approved by the IBEW
Business Manager or designee before it is delivered to Labor Relations.
(2) The City and IBEW may agree to seek resolution of the grievance through mediation using the services of the
California State Mediation and Conciliation Service, prior to hearing by the Grievance Advisory Committee. Time limits for processing of grievances are automatically extended while mediation is in process.
(3) From the date a grievance otherwise meeting all criteria for the filing and processing of a grievance reaches the Labor Relations office pursuant to Subsection A. 4. c. (1) above, the Grievance Advisory Committee shall be convened within thirty (30) calendar days in order to hear the grievance.
(4) All time limits in this Article may be extended by mutual agreement of the parties.
(5) The Grievance Advisory Committee shall conduct a hearing and make a recommendation to the City Manager within thirty (30) calendar days of their last meeting.
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d. The City Manager shall review the decision of the department director and recommendations of the Grievance Advisory Committee and shall render a written decision to the grievant within twenty (20) calendar days after receipt from the Grievance Advisory Committee.
e. Failure of the grievant to file an appeal within the specified time limit for any step of the procedure shall constitute abandonment of the grievance. Failure of the responsible supervisor or official of the City to render a decision within the specified time limit established by this procedure shall automatically move the grievance to the next higher level for action, without action required of the grievant. Failure of the City Manager to render a decision within the specified time limit will result in the default to the Grievance Advisory Committee or neutral’s decision, adopted as the final decision on the matter.
5. The Grievance Advisory Committee shall be c omprised of three (3) members: One selected by IBEW, one selected by the City, and the Chairperson. The Chairperson may be chosen either by mutual agreement of IBEW and the City, or by the “strike” method from a list of neutrals provided by the California State Mediation and Conciliation Service. If the Chairperson is selected by the strike method from the list of neutrals provided by the California State Mediation and Conciliation Service, then the Grievance A dvisory Committee shall be comprised exclusively of the selected neutral.
a. The neutral and Grievance Advisory Committee shall be bound by the language of the MOU, City Administrative Orders, ordinances, rules and regulations, and department rules and regulations consistent therewith in considering any issue properly before them.
The neutral and Grievance Advisory Committee shall be expressly confined to the precise issues submitted and shall have no authority to consider any other issue not so submitted. The neutral and Grievance Committee may not recommend changes in establi shed wages or benefits, nor recommend the payment of back wages or benefits to a date prior to the date of the incident.
b. Fees and expenses of the neutral shall be paid half by the City and half by IBEW; provided, however, that the Committee may recommend that the City or IBEW pay the total of such fees and expenses should it find that, but for the unreasonableness of that party’s posture, the convening of the Committee would not have been necessary. The City and IBEW shall select a chairperson or request a list of neutrals within twenty (20) calendar days of the receipt of a grievance requesting review by a Grievance Adv isory Committee by Labor Relations.
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ARTICLE VII
COMPENSATION AND BENEFITS
A. GENERAL
All economic benefits provided by Council ordinance or formal Council resolution and not otherwise clearly and explicitly modified or restricted in this MOU shall be continued without alteration during the term of this MOU. All economic benefit modifications in this MOU shall be effective the first full pay period following after Council approval or June 17, 2024, whichever is later, unless explicitly stated otherwise in the MOU.
B. SALARIES
1. Effective June 17, 2024 the base rate of pay of all employees in this unit will be increased by two percent (2%) as reflected in Exhibit 1, Table 1, attached hereto and incorporated by reference. Temporary, limited, and provisional employees in Unit 7 clas sifications are not eligible. The base rate of pay of all employees in this unit will be increased by four percent (4%) as reflected in Exhibit 1, Table 1, attached hereto and incorporated by reference, effective the first full pay period following Council approval.
2. Active employees in a permanent position the pay period following Council approval, shall receive a one -time lump sum payment equivalent to three and one half percent (3.5%) of their annual base rate of pay as of the first full pay period following Council approval, to be paid in the pay period following Council approval. Temporary, limited, and provisional employees in Unit 7 classifications are not eligible. The employee shall bear responsibility for any and all tax consequences resulting from this one -time lump sum payment. The lump sum payment shall be compensable for retirement purposes.
3. Effective June 17, 2024 the base rate of pay of all employees in this unit will be increased by eight percent (8%) due to a salary restructure resulting from the classification and compensation study completed in 2024, as reflected in Exhibit 1, Table 2, attached hereto and incorporated by reference.
Temporary, limited, and provisional employees in Unit 7 classifications are not eligible. The base rate of pay of all employees in this unit will be increased by four percent (4%) as reflected in Exhibit 1, Table 2, attached hereto and incorporated by reference, effective June 15, 2026.
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4. The base rate of pay of all employees in this unit will be increased by four percent (4%) as reflected in Exhibit 1, Table 3, attached hereto and incorporated by reference, effective June 14, 2027.
B. RETIREMENT CONTRIBUTION
Employees hired into a permanent position in the City on or after September 5, 2016, in Unit 7 , shall make an additional contribution equal to one and one half percent ( 1.5%), of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick -up and pay the contribution by salary reduction in accordance with this provision to the Cit y of Fresno Employees Retirement System. The employee shall have no option to receive the one and one half percent ( 1.5%) contribution in cash. The one and one half percent ( 1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account. Employees hired by the City prior to September 18, 2017 who enter Unit 7 on or after September 18, 2016 and were paying an additional one and one half percent (1.5%) of their pensionable compensation immediately prior to entering Unit 7, shall continue to pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount.
The parties agree to a limited reopener of this provision in regard to the possible revision of Normal Contributions to the Employee Retirement System for those employees paying an additional one and one half percent (1.5%).
C. OVERTIME (OT) AND PREMIUM PAY
1. Overtime:
Work performed in excess of eight (8) hours a day, (or ten (10) hours a day for a 4- 10 schedule) , or in excess of forty (40) hours a week, or on an employee's first scheduled day off in a week, shall be compensated at the rate of one and one half (1 1/2) times the employee’s base hourly rate. Work performed on the employee's second scheduled day off in a work week on a 5-8 schedule shall be compensated at two (2) times the employee’s base hourly rate. For employees on a 4- 10 schedule: ( 1) work on the first and second scheduled days off in a work week shall be compensated at the rate of one and one half (1 1/2 ) employee’s base hourly rate; (2) if an employee works on the third day off in a work week, the third day will be compensated at two (2) times the employee’s base hourly rate. There shall be no pyramiding of overtime or hazardous duty premium rates and two times the straight time rate of pay shall be the maximum compensation for any hours MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 14
worked. Employees on vacation who are involuntarily recalled to work by the department shall be compensated at the overtime rate set forth in this paragraph in addition to the employee’s vacation.
A list will be established in each work unit with employees in Unit 7 for those employees to volunteer for overtime. Employees who wish to work voluntary overtime may add or remove their name at any time from the list. Work units shall endeavor to distribute overtime work as equally as practicable within the work unit, with the understanding that many business related factors, including, for example, a job that requires special skills that can be objectively verified, job location, and employee availability , can and will influence overtime assignments.
2. Premium Pay:
Premium pay will become effective on the first day of the pay period in which the employee submits the applicable new or renewal certificate to their department or the effective date of the new or renewal certificate, whichever is later. Upon expiration of the certificate(s) for which an employee is receiving certificate pay, certificate pay will be discontinued until such time the employee submits their renewal certificate to their department. Certificate pay will not be paid retroactively. Exceptions due to exigent circumstances, such as an error or delay on behalf of the organization issuing the certificate, may be considered on a case-by-case basis by the Director of Personnel Services or designee. a. Commercial Drivers License (CDL)
Employees whose job specifications indicate that a Commercial Drivers License (CDL) may be required, and are assigned to duties that require a CDL; shall receive one hundred dollars ($100) per month in premium pay. This pay is pensionable under the City of Fresno Retirement System.
b. Hazardous Duty
(i) Electricians working on poles, towers, trees, or on any equipment at a height of fifty (50) feet or more shall be compensated at two (2) times the straight time rate for the actual hours worked at such heights. Work performed on
poles, towers, trees, or on any equipment at a height of fifty (50) feet or more, or on trees at any height on an employee's scheduled days off shall be compensated at two (2) times the straight time rate for the actual hours worked.
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(ii) Painters working at a height of thirty (30) twenty (20) feet or more, or as a spray operator, sandblaster or pipe painter, or when constructing or removing scaffolding at a height of twelve (12) six (6) feet or more when a guardrail is not in place shall receive an additional four percent (4%) of the straight time rate of pay for the actual hours worked. Painters shall be the only classification to erect or remove scaffolding for use by all trades, and in connection with Painters’ work.
(iii) Employees specifically assigned to work on a Permit - Required Confined Space Project, as defined under Title 8 of the California Code of Regulations, Section 5157, the
employee authorized to monitor the confined space and the employee authorized to enter the confined space shall receive a differential of $1.90 per hour for each hour or portion thereof while working in the space as assigned. This pay is
pensionable under the City of Fresno Retirement System.
c. Call Back Pay
An employee called in to work after completing the employee’s regular shift and having left the property, or during hours the employee was not regularly scheduled to work, will be paid a minimum of two (2) hours at time and one-half the employee’s base rate of pay commencing from the time the employee leaves for the worksite after receiving the call and ending when the employee returns home. An employee called in to work on the employee’s second day off will be paid a minimum of two (2) hours at two (2) times the base hourly rate of pay commencing from the time the employee leaves for the worksite after receiving the call and ending when the employee returns home. Notwithstanding the above, an employee shall not receive pay for more hours than the time for which an employee is assigned standby. Employees on a 4- 10 schedule will get time and one half (1 ½) on the employee’s first and second day off, and will receive two times the base salary on the third day off.
In the event an employee receives a second or subsequent call prior to completing a two (2) hour call -back, the employee shall be compensated at the rate of pay set forth in this subsection for the time actually spent correcting the problem(s), which exceeds the two (2) hour minimum.
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However, an employee shall be compensated the two (2) hour minimum every time the employee is called in and required to leave the employee’s residence and report to work.
Permanent employees occupying classes of Electrician, Industrial Electrician, Air Conditioning Mechanic , or Plumber who are assigned by Management to perform diagnostic and/or corrective work from an off -site location via lap- top computer and modem, or telephone, after having completed their regular shift or on a day the employee was not scheduled to work, will be paid a minimum of two (2) hours at time and one-half of their base rate of pay. Employees who perform such work on their scheduled day off will b e paid in accordance with the overtime provisions in Subsection C.1. above , commencing from the time the employee receives the call. In the event an employee receives a second or subsequent call prior to completing the assigned diagnostic and/or corrective work within two (2) hour call -back minimum, the employee shall be
compensated at the rate of pay in this subsection for the time actually spent correcting the problem(s), which exceeds the two (2) hour minimum.
d. Standby
Standby duty is defined as all time outside of an employee’s normal/regular scheduled work shift where management requires an employee to be available to respond to work related problems.
Employees may be assigned to standby duty on a rotating basis, however, employees shall not be assigne d to standby duty dur ing periods of approved leave. Additionally, requested leave shall not be unreasonably denied due to standby duty. An employee assigned to standby will be required to carry a City pager and/or City cell phone (if available) and shall not consume alcohol during the standby period or any substance which may impair the employee’s ability to perform all required duties. Employees on standby are required to respond and shall report to their division/section or the work site within one (1) hour of being contacted.
(a) Compensation - Standby premium pay for all assigned hours shall be $1.90 per hour. This pay is pensionable under the City of Fresno Retirement System.
. (i) Time spent on standby duty shall not be hours worked.
(ii) In the event an employee on standby duty is required to and does report to the work site, the employee will
be paid as set forth in Subsection c. above, in addition to the standby pay.
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(b) Off-Site Diagnostic/Corrective Work - Permanent employees occupying the classes of Electrician, Industrial Electrician, Air Conditioning Mechanic or Plumber who are assigned to
standby duty by Management and who perform diagnostic
and/or corrective work from an off -site location after having completed their regular shift or on the first day an employee is not scheduled to work, will be paid a minimum of two (2) hours at time and one-half of their base rate of pay. Employees who perform such work on their sc heduled day off will be paid in accordance with the overtime provisions in Section C.1. above commencing from the time the employee receives the call. In the event an employee receives a second or
subsequent call prior to the end of the two (2) hour period the employee shall be compensated at the applicable rate of pay for the time actually spent correcting the problem(s), if the two (2) hour minimum is exceeded.
(i) An employee who receives any other calls between
shifts or on a non-scheduled work day after the first two (2) hour call period has ended, shall be paid a minimum of eighteen (18) minutes at the appropriate rate for the first or second day off, as stated above, for each
additional incident thereafter, or for the time actually spent correcting the problem(s) which exceeds the
eighteen (18) minute minimum. If the employee reports
to the job site, call -back pay shall be paid pursuant to Section C. 2. c. above.
e. Shift Differential
Each employee who is regularly assigned/scheduled (including as is provided for in Article VII, Section H. Subsection 7.) to work a "swing shift" between the hours of 5:00 p.m. and 8:00 a.m. shall receive swing shift premium pay in addition to the employee’s base rate of pay. If one -half (½) or more of an employee’s regularly scheduled shift hours fall between 5:00 p.m. and midnight, the swing shift premium pay will be $1.00 per hour for all actual hours worked that shift. If one -half (½) or more of an employee’s regularly scheduled shift hours fall between midnight and 8:00 a.m., the night shift premium pay will be $1.50 per hour for all actual hours worked that shift. If a shift fits the definition of both swing shift and night shift, the premium pay will be $1.50 per hour. This pay is pensionable under the City of Fresno Retirement System.
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f. Show Up Time
An employee who reports to work at the regular starting time and for whom no work is provided, shall be paid for two (2) hours, unless the employee was notified one (1) or more hour(s) prior to starting time not to report.
An employee who reports to work and for whom less than eight (8) hours work is provided shall be paid only for actual hours worked that shift.
g. Temporary Assignment Pay
Employees who are assigned leadworker functions and
responsibilities shall receive an additional ten percent (10%) above their applicable base rate of pay for any workday the employee is assigned leadworker functions and responsibilities. All hours worked performing leadworker functions and responsibilities in excess of eight (8) hours in a day, or forty (40) hours in a workweek, shall be paid at one and one-half (1½) times the applicable classes’ leadworker temporary assignment rate of pay. Employees who perform leadworker functions on their scheduled day off will be paid in accordance with the overtime provisions in Section C.1. above, using the leadworker rate of pay. Actual hours worked performing leadworker functions on an employee’s first day off in a workweek shall be compensated at one and one-half (1½) times the applicable classes’ leadworker temporary assignment rate of pay, and for a second day off in a workweek at two (2) times the applicable classes leadworker temporary assignment rate of pay. Em ployees on a 4- 10 schedule shall receive one and one- half (1½) times the applicable classes’ leadworker temporary assignment rate of pay for hours worked on the first and second days off , and will receive two times the applicable classes’ leadworker temporary assignment rate of pay on the third day off . Employees may not elect to accrue compensatory time off in lieu of cash payment for actual hours worked as a leadworker. Performing leadworker functions and responsibilities is a temporary assignment, not a promotion, which is determined solely by management. This pay is pensionable under the City of Fresno Retirement System.
h. Bilingual Certification Program
The bilingual certification program consists of a City administered examination process whereby employees may apply for bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating.
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1. Bilingual certification examinations will be conducted as necessary. Examination applications will be available at the Personnel Services Department and City department
personnel units. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Employees will be notified of the need to recertify.
2. Department Directors or their designee shall designate those classes and positions or assignments in which bilingual skill is needed.
a. In order to qualify for the examinations, applications must be signed by the Department Director or
designee and provided to the Personnel Services
Department.
b. Bilingual examination application deadlines are not
appealable or grievable.
c. Bilingual certification examinations are conducted for languages as listed in the Salary Resolution.
d. Employees who have passed the bilingual examination
and who are receiving bilingual premium pay my not
refuse to translate while on the job.
e. Employees who are bilingual but who have chosen not
to participate in the Bilingual Certification Program
shall not be required to translate on the job except in an emergency.
f. The bilingual premium pay rate for certified permanent employees will be one hundred dollars ($100) per
month regardless of how many languages for which an
employee is certified. This pay is pensionable under
the City of Fresno Retirement System.
3. There shall be no pyramiding or duplication of overtime or premium rates, except as set forth in Article VII. Employee schedules shall not be changed solely for the purpose of avoiding the payment of overtime.
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D. SAFETY SHOES & SAFETY GLASSES
1. Safety shoes for employees in Unit 7 shall be governed by the City of Fresno Illness and Injury Prevention Program (IIPP) and shall meet the Cal OSHA General Industry Safety Order Foot Protection standards outlined in Title 8, Section 3385. The City will provide a voucher for employees in this Unit who are authorized or required to wear safety shoes for two hundred and fifty dollars ($250) for the purchase of safety shoes, or the value of one (1) pair of approved shoes, whichever is less. Employees in the classes and assignments who are required to wear Electrical Hazard rated or Chemical Resistant safety shoes may be issued a voucher of up to three hundred dollars ($300) for the purchase of one (1) pair of safety shoes per voucher.
In either event, the employee shall pay any cost in excess of the amount of the voucher. Depending upon department practice, management may authorize the issuance of toe guards or authorize a voucher of up to twenty dollars ($20) for the purchase of one set of authorized toe guards for safety shoes provided under this provision
Employees provided with safety shoes, which shall be used for the express purpose of City business, may request a voucher for replacement safety shoes when the safety shoes are no longer serviceable as verified by the supervisor. When the employee obtains new safety shoes, the safety shoes that are no longer serviceable shall be turned in to the employee’s immediate supervisor.
2. Employees who are required to wear prescription glasses and are required to wear protective eyewear in the performance of job duties pursuant to the City of Fresno IIPP shall be reimbursed for the purchase of prescription safety glasses up to one hundred twenty -five dollars ($125) annually. Additional reimbursement may be issued due to severe damage of safety glasses. Severely damaged safety glasses will be reviewed by management on a case-by-case basis.
Employees requesting reimbursement for the purchase of prescription safety glasses must complete a Travel and Expense Reimbursement form provided by the Finance Department, obtain signature of the appointing authority or designee, attach proof of payment of prescription safety glasses, and submit the form to their department within ten (10) calendar days of incurring the cost.
E. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST
1. The City and IBEW agree that the Fresno City Employees Health and Welfare Trust (“Trust”) has the sole authority to determine the health insurance benefits that will be provided during the term of this MOU. The sole responsibility of the City under this cl ause is to provide a set MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 21
percentage of the total premium for such benefits to be contributed to the Trust by the City on behalf of the employees represented by IBEW.
2. The City contribution of the total premium shall be seventy percent (70%) and the employee share of the total premium shall be thirty percent (30%).
Employees may opt to contribute the employee share through payroll deductions to make up the difference between the total premium and the City contribution to receive the maximum benefit coverage provided under the Trust, or opt not to contribute the employee share and accept a reduced coverage option.
3. Should any other represented bargaining unit in the City negotiate a successor MOU or extend the period of an MOU with terms imposed resulting in a greater contribution by the City, upon the Union’s written request, the City will match that benefit.
4. The parties also agree to work collectively in conjunction with their Health and Welfare Trust Board representatives to research and recommend potential cost -saving measures , which may include a choice of health program options based on individual need or preference, including a reduced option equivalent to the City’s premium contribution; a separate rate for single employees with no dependents, or other flex plan programs; mandatory generic mail order drug maintenance for employee who require prescription drug therapy for any period of 90 days or more; or other measures that may be identified as this work progresses.
F. LEAVES
1. Holidays and Birthday Leave:
a. Except as may be modified in this section, Holidays shall be governed by Fresno Municipal Code Section 3-116:
• January 1
• The third Monday in January
• The third Monday in February
• The last Monday in May
• July 4
• The first Monday in September
• November 11
• Thanksgiving Day in November
• The Friday after Thanksgiving Day in November
• December 25
• Employee’s Birthday
• Two (2) personal business days (eight hours to be credited on July 1
st January 1st of each year). Should any other non- safety MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 22
City bargaining unit receive an additional holiday in a successor MOU, the parties agree to a reopener of the MOU on this issue. • Any day or part of a day declared by the Council, by ordinance or resolution, to be a holiday.
b. If January 1, July 4, November 11, or December 25 falls upon a Sunday, then the Monday following will be observed as the holiday, in lieu of Sunday. For employees who are regularly scheduled to work on Sunday, the holiday shall be observed on Sunday for purposes of compensation pursuant to this section. Except as expressly stated otherwise in this Section, employees will be required to work their regular schedule on a holiday unless they have an approved leave of absence.
c. All employees will receive eight (8) hours compensation at the straight time rate for the above holidays with the following exceptions:
(1) If an employee is required to work on a holiday specified in subsection (a), above, which is a scheduled workday, the employee shall receive the employee’s regular salary (i.e. base pay rate) for the hours worked on that day, and will be credited with eight (8) hours of Holiday Leave except as provided for in Article VII, Section C., Overtime and Premium Pay. If the employee worked less than eight (8) hours, the employee will be credited with hours equal to the amount of hours worked (up to eight (8) hours) of Holiday Leave and receive the employee’s regular salary for the actual time worked. The balance of the holiday hours will be paid up to eight (8) hours. For example, an employee that works four (4) hours on a holiday will be paid four (4) hours of regular salary and credited four (4) hours of Holiday Leave in their leave bank. The remaining four (4) hours of Holiday will be paid to the employee.
Employees on a 4/10 work schedule, who work ten (10) hours on a holiday, which is a scheduled workday, shall receive the employee’s regular salary (i.e., base pay rate) for the hours worked on that day, and will be credited with eight (8) hours of Holiday Leave. If the employee worked less than ten (10) hours, the employee will be credited with hours equal to the amount of hours worked (up to eight (8) hours) of Holiday Leave and receive the employee’s regular salary for the actual time worked. The balance of the holiday hours will be paid up to eight (8) hours. The employee may elect to take an
additional two hours from a leave bank other than Sick Leave MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 23
or may elect to receive two (2) hours of leave without pay (LWOP). For example, an employee that works four (4) hours on a holiday will be paid four (4) hours of regular salary and credited four (4) hours of Holiday Leave in their leave bank.
The remaining four (4) hours of Holiday will be paid to the employee. The employee may elect to take an additional two hours from a leave bank other than Sick Leave or may elect to receive two (2) hours of leave without pay (LWOP).
(2) When a holiday falls on a regularly scheduled day off, employees will be credited with eight (8) hours of Holiday Leave.
(3) In addition to the holiday credit in Subsection (2) above, employees who are called in or scheduled to work a holiday, which is their regularly scheduled day off, will be
compensated at the appropriate rate for a minimum of two (2) hours, or for actual hours worked, whichever is higher.
(4) Eight (8) hours of leave time shall be added to an employee's Holiday Leave balance in the pay period in which the
employee’s birthday occurs.
(5) With the exception of the two (2) personal business days listed above, Eemployees who are absent from duty on leave without pay or suspension without pay at the end of a shift before the recognized holiday will not receive compensation or accrual for the holiday, unless they actually work the holiday. For the two (2) personal business days, if an
employee is absent from duty on leave without pay or
suspension without pay for the entire six (6) months prior to July 1 and January 1, they will not receive the holiday accrual.
d. Holiday Leave may be taken in increments of less than eight (8) hours.
e. Any Holiday Leave accruals earned after September 5, 2016, may be cashed out at any time. Holiday Leave will be accrued until it reaches forty eight (48) hours; thereafter, any additional Holiday Leave earned will be cashed out.
f. At separation from City service for retirement purposes, accumulated Holiday Leave shall either be cashed out at the employee’s option, or credited to a Health Reimbursement Arrangement (HRA) account for the employee at one hundred MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 24
percent (100%) of the employee's then current hourly base rate of pay if eligible for service retirement in accordance with HRA Plan Document. At separation, accumulated Holiday Leave shall be cashed out at the employee’s then current hourly rate of pay if not eligible for participation in the HRA.
g. Effective September 5, 2016, employees had all Holiday Leave accruals put in a Special Holiday Leave bank. Employees may request payment and be compensated for up to forty-eight (48) hours or twenty-five percent (25%) of their Special Holiday Leave balance, whichever is greater, each fiscal year between July 1 and December
31. h. At separation from City service for retirement purposes, accumulated Special Holiday Leave shall either be cashed out at the employee’s option, or credited to a Health Reimbursement Arrangement (HRA) account for the employee at one hundred percent (100%) of the employee's then current hourly base rate of pay if eligible for service retirement in accordance with HRA Plan Document. At separation, accumulated Special Holiday Leave shall be cashed out at the employee’s then current hourly rate of pay if not el igible for participation in the HRA.
2. Sick Leave:
a. Employees shall accrue Sick Leave at the rate of eight (8) hours for each completed calendar month of employment. Except for Administrative Order 2- 20 Sick Leave Policy, City FMC, AO’s, policies, procedures, rules and regulations concerning Sick Leave usage and administration shall continue to apply. An Attendance Policy for Unit 7 is attached hereto as Exhibit 2 and is incorporated by this reference and shall apply. Employees shall not accrue additional Sick Leave once their balance reaches nine hundred (900) hours. Employees with Sick Leave balances that exceed ed five hundred (500) hours as of June 16, 2014, had all hours over five hundred (500) placed in a Special Sick Leave account. The account may be used by the employee for any purpose Sick Leave is authorized to be used, but such usage shall not affect the accrual of regular Sick Leave.
b. All employees may use up to half of their annual Sick Leave accrual consistent with California Labor Code Sections 233 and 246.
Protected Sick Leave, as described above, may be used under the following circumstances, and may be designated as protected time pursuant to state law at the employee’s discretion:
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• Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee.
• Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for
purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild;
designated person (means a person identified by the
employee at the time the employee requests paid sick days and may be limited to one designated person per 12- month period); or,
• For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a).
Employees who terminate City employment and return within one (1) year of such termination will be entitled to reinstatement of their previously accrued and unused paid Sick Leave hours at the time of termination from City employment.
3. Vacation:
Employees accrue vacation leave hours for each completed calendar month of employment as reflected in the table below. Employees with less than 10 years of continuous employment are allowed to accrue 340 hours of vacation leave, and employees with 1 0 years or more of continuous employment but less than 20 years of continuous employment are allowed to accrue 420 hours of Vacation Leave, and employees with 20 or more years of continuous employment are allowed to accrue 480 hours of Vacation Leave.
Years of
Continuous
Employment
Accrual Rate
(hrs./mo.)
1 – 4 years 8
5 – 7 years 10
8 – 13 years 11.33
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14 – 19 years 13
20 or more years 15
If on October 31 of each year, an employee has a balance of two hundred forty (240) or more hours of Vacation Leave, the employee may in November of that year request a cash payment of up to forty (40) hours of any Vacation Leave accrual that employee has acquired prior to the December payroll period.
An employee who, in accordance with the Attendance Policy attached to this Memorandum of Understanding as Addendum I, has incurred anything greater than the 4
th incident at the point in time in which the cash out is available is ineligible to receive a cash out.
4. Bereavement Leave:
Upon death of a member of an employee’s immediate family as defined below, the employee shall be allowed to utilize Sick Leave, or other leaves if Sick Leave is not available, as is necessary to take care of funeral arrangements or attend the funeral, but not to exceed five (5) working days. The five (5) working days do not need to be taken all at once but must be completed during the three (3) months after the death of the immediate family member. An employee working a 4/10 schedule shall be allowed five ( 5) ten-hour days off for bereavement leave. Additional Sick Leave may be utilized beyond the five (5) working days, by an employee, upon request and approval by the Appointing Authority. If Sick Leave or other leaves are not available, the employee shall have the right to request a leave without pay in accordance with FMC 3-104.
Immediate Family:
• Spouse or Domestic Partner
• Child (biological, adopted, foster, step, legal ward, child of domestic partner, or a person to whom the employee stands in loco parentis)
• Parent (biological, adoptive, in- law, step, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child)
• Sibling (person related to another person by blood, adoption, or affinity through a common legal or biological parent)
• Grandchild
• Grandparent
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• Designated Person (any individual related by blood (i.e. Aunt, Uncle, Niece, Nephew, etc.) or whose association with the employee is the equivalent of a family relationship)
4.5. Leave Approval:
When an employee completes and submits a request for leave on a form provided by their department at least thirty (30) calendar days prior to the leave, paid leave shall not be unreasonably denied. The employee’s supervisor shall return the form to the employee within seven (7) calendar days indicating whether the requested leave is approved or denied.
5.6. State Disability Insurance (SDI)/Paid Family Leave (PFL):
a. Employees who are in bargaining Unit 7, Non- Supervisory Groups and Crafts, represented by the International Brotherhood of Electrical Workers, Local 100 (IBEW) shall be enrolled in the SDI/PFL coverage plan.
b. Employees shall file claims in the same manner as required under the SDI/PFL Plan.
c. The City shall maintain SDI/PFL through employee payroll deductions to be funded by employee contributions.
d. All employees with an approved SDI/(PFL) claim must notify the City within fourteen (14) calendar days of their claim date and fill out a form made available by the City indicating whether or not the employee desires to integrate leave with the claim. Extension beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee.
e. Employees who are absent from duty because of illness or injury as a result of non-work related injuries who are eligible to use accrued leave, shall be eligible to integrate the payment of SDI/PFL benefits with such City-paid leave benefits.
f. Integrating leave balances is defined as the SDI/PFL benefit and the monetary value of the employee’s leave balances added together to provide a regular bi -weekly net income. For employees electing to integrate leave, the City will notify the Union of the employee’s election to integrate leave and not deduct the normal working assessment from the employee while in an integrating leave status.
However, the City will continue to deduct any monthly membership fees which would be normally deducted and remitted to the Union.
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g. An employee who has elected to integrate leave balances with SDI/PFL benefits will be considered to be on paid status for the purpose of accumulation of leave and other benefits. An employee electing to integrate must first use available Sick Leave before integrating other eligible leave banks. Employees on PFL for baby bonding who elect to integrate leave must use available leave banks other than Sick Leave, unless used on the day of the birth of their child in accordance with FMC 3-107(g).
(1) An employee who is integrating leave and has exhausted all other leave balances may apply for donated time in
accordance with City policies. Use of donated time shall be in accordance with the provisions of this section.
(2) If the employee chooses not to integrate leave or has no available balances, the employee will be in a Leave Without Pay (LWOP) status and subject to applicable eligibility for COBRA medical coverage.
h. Employees who elect to integrate must provide Payroll with a copy of the Notice of Computation from the State of California Employment Development Department (EDD) within fourteen (14) calendar days of the issue date and are required to authorize EDD to share benefit computations with the City when filing the initial claim form(s).
Extension beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee.
(1) An employee who has made a timely election to integrate leave with SDI/PFL benefits shall be paid a biweekly amount, using appropriate accumulated leave, which, when added to SDI/PFL benefits shall approximately equal the employee’s net pay after taxes (excluding overtime).
(2) If an employee does not provide information on SDI/PFL benefits within fourteen (14) calendar days of the issue date of the Notice of Computation, no integration will occur.
Integration will not be provided for any period before the City receives notificat ion of SDI/PFL benefits, including
retroactively, and the employee provides signed notification that the employee wants to integrate.
(3) If elected as described above, integration will end upon notification from the employee that SDI/PFL benefits have terminated, the employee exhausts all leave balances and/or donated time resulting in LWOP status, the employee’s return to work, or the employee’s separation from City employment; MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 29
whichever comes first in time.
(4) Any period of absence during which an employee is receiving SDI/PFL benefits but is not integrating leave shall be deemed a leave of absence without pay. Such leave of absence
without pay status is subject to applicable eligibility for COBRA medical coverage.
(5). Service credits toward seniority, step increase eligibility, and probation periods shall be in accordance with the MOU and City policies/procedures.
(6) If an employee exhausts all available leave balances while receiving SDI/PFL benefits, integration shall cease, and the employee will be converted to leave without pay status. i. The City shall continue contributions toward the employee’s health and welfare benefits and retirement contributions in accordance with established laws and practices during the pay periods that include leave payments by the City. The employee shall be responsible for payment of premiums required to maintain health and welfare benefits when City contributions cease in accordance with established laws, policies and practices.
j. In the event the City determines that legislative, administrative or judicial determinations cause changes which in any way restricts, reduces or prohibits any provision of this Agreement, the parties shall immediately meet to discuss necessary amendments and/or modifications.
6.7. Health Reimbursement Arrangement (HRA)
The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement" as described in Internal Revenue Service (IRS) Notice 2002- 45 and other guidance published by the IRS regarding HRAs. The City agrees to maintain the HRA such that it will continue to qualify as a “health reimbursement arrangement” for the term of the MOU.
At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used eighty (80) hours or less of Sick Leave or any other leave used for sick time (excluding hours used for Workers’ Compensation benefits, any protected leave - e.g leave taken under California Labor Code 233, Family & Medical Leave, or Bereavement Leave) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used to pay premiums for medical insurance (including COBRA premiums) and MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 30
qualified medical expenses pursuant to the City of Fresno Retiree HRA Plan Document. The "value" of the account shall be determined as follows:
• The number of accumulated Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 80% of the employee’s then current hourly base rate of pay.
• An optional number of accumulated Holiday Leave hours at the time of retirement multiplied by 100% of the employee’s then current hourly base rate of pay.
• An optional number of accumulated Special Holiday Leave hours at the time of retirement multiplied by 100% of the employee’s then current hourly base rate of pay.
• The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the Salary Resolution, multiplied by twelve (12) months then divided by 2,080 hours.
At the employer’s option, the HRA accounts may be book accounts only – no actual trust account must be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive) but not to be below zero.
The HRA accounts shall be used pursuant to the City of Fresno Retiree HRA Plan Document. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA.
While this provision is in effect employees shall not be allowed to cash out any accumulated or accrued Sick Leave at retirement.
G. WORKERS' COMPENSATION
1. Notwithstanding the provisions of FMC Section 3 -118, the percentage of wages or salary and benefits received by an employee holding a permanent position who suffers an injury or illness in the course and scope of City employment shall be the percentage and benefits established by the State of California workers’ compensation laws set forth in the California Labor Code.
2. At the employee's option, in the event work related injury/illness pay is not provided during the first three (3) days of absence due to the work related injury or illness, the employee may, at the employee’s option, take sick MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 31
leave, vacation, compensatory time off, bonus time off, or holiday leave for that period.
3. Temporary Light Duty
In accordance with AO 2- 26 employees who are temporarily unable to perform the essential functions of their regularly assigned position due to an injury or illness may be assigned a temporary light duty assignment.
Temporary light duty work assignments sha ll be made consistent with the employee's limitations and restrictions described by a medical provider. If there is no available temporary light duty assignment consistent with the employee's limitations and restrictions, the employee will be placed off work. If after six (6) months of temporary light duty assignment, through the interactive process, the employee’s temporary light duty status will be evaluated.
Employees on “light duty” as a result of an injury or illness suffered in the course and scope of City employment shall receive their regular salary during the period of light duty.
H. HOURS OF WORK AND SCHEDULES
1. The work week for the City begins on Monday at 12:01 a.m. and ends the following Sunday at midnight.
2. The work day, starts at 12:01 a.m. and ends 24 hours later at midnight.
3. The normal work schedule shall be forty (40) hours per week consisting of five (5) days of eight (8) hours each, exclusive of a meal period. This is not intended to guarantee an employee forty (40) hours work each week. The City may release employees without pay due to reasons including, but not limited to, inclement weather or lack of work. The City will make an effort to find productive work before releasing employees without pay.
4. Work schedules are established by individual departments/divisions based upon the need to provide service to the public, and/or other City departments.
5. Employees shall receive a one (1) or one-half (2) hour meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half of the work day and a second fifteen (15) minute paid rest period during the second half of the work day. Meal periods and rest periods are scheduled by departments/divisions according to the needs of the department/division.
The City retains the exclusive right to control the use of City -paid break periods, and exclusive control of the use of City vehicles at all times.
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6. Employees whose duties require it shall be allowed a reasonable amount of time for a personal clean-up period prior to the end of each work shift.
7. The City may , with seventy -two (72) -hour notice to the employees, temporarily modify the employee's working hours due to backlog/workload concerns. This provision is not intended to address working hours modified as a result of daylight savings hours, overtime or other established work hour changes to meet the needs of the City. This temporary modification shall not be less than one (1) week nor more than one (1) month, unless mutually agreed to by the parties. In the event of a bona fide emergency, as determined by management, shorter notification shall be allowed.
Emergency modification of an employee’s work schedule shall be for a period not to exceed one week.
8. Alternative Workweek Work Schedules
a. 4/10 WORK SCHEDULE - DEPARTMENT OF PUBLIC WORKS -
STREET MAINTENANCE DIVISION
4/10 schedules will be the standard work schedule for the Street Maintenance Division. The hours for employees working a 4/10 workweek shall consist of four (4) consecutive ten (10) hour days, Monday through Thursday, or Tuesday through Friday, 6:00 a.m. t o 4:30 p.m. unless modified by the parties. Employees may be moved from one schedule to another with fourteen (14) calendar day notice to the employee and the Union. The department may make the change without fourteen days notice in an emergency.
Except for light duty where so stated in section G subsection 3 , in order to modify this schedule, the Streets Maintenance Division must provide the Union thirty (30) calendar days notice and provide an opportunity to meet and confer over the proposed changes before any change is made.
I. COMPENSATORY TIME OFF (CTO)
1. An employee working approved overtime or called back in to work on or off- site may elect to take the overtime or call back, including the two- hour minimum, in pay or elect to bank the overtime or call back, including the two-hour minimum, as Compensatory T ime Off (CTO). CTO may only be used for time off and may not be cashed out, except upon separation from employment, including retirement. However, in the last pay period of each fiscal year, any unused CTO that is not carried over to the next fiscal year, pursuant to subsection 3. below, will be cashed out by the City at the employee’s base rate of pay.
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2. Upon mutual agreement between the appointing authority and the employee working approved overtime, the employee may take CTO in lieu of overtime pay in the same payroll period in which it is earned. All other accumulated CTO shall be requested and will be subject to approval on the same basis as vacation, except that:
a. Employees may elect to use CTO for medical appointments,
b. CTO may be requested to make up the two hours lost due to the employee’s 4/10 work schedule including a regularly scheduled work day that falls on a holiday; and,
c. Employees working in the classification of Concrete Finisher shall be allowed to take CTO to make up for work missed due to rain.
3. An employee may accrue/ bank up to a maximum of eighty (80) hours in their CTO Account. Employees may carry over a maximum of forty (40) hours of their CTO balance to the next fiscal year, except that employees working in the classification of Concrete Finisher shall be allowed to carry over a maximum of sixty (60) hours to the next fiscal year.
4. Each employee who has reached the maximum of eighty (80) hours in their CTO account may not elect to bank CTO until their CTO account has been reduced below the maximum allowable amount of eighty (80) hours.
5. CTO shall be accumulated at the applicable straight time, time and one-half, or double time rate for the time worked.
J. SENIORITY
1. In accordance with FMC Sections 3 -291 and 3-292, seniority shall be the determining factor in layoffs and reinstatement.
2. If two or more employees were employed on the same date, in the same class, then placement on the eligible list shall be used to determine seniority order.
3. Seniority will continue to accrue during an approved leave without pay taken under the California Family Rights Act , the Federal Family Medical Leave Act and Protected Sick Leave (i.e., California Labor Code sections 233 and 245-249).
K. TRANSFERS
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or division pursuant to FMC 3-261(c) will be considered for the transfer along with all other eligible individuals who are on the eligible list for appointment. Employees shall make their voluntary transfer request for consideration by completing a transfer application via the City’s Human Resource Management System .
Employees may indicate on their application which department(s) or division(s), if any, for which they do not want to be considered. Employees will be provided with an opportunity to interview for applicable transfers to the position . If selected for the appointment the transferred employee shall serve the appointment consistent with the requirements of FMC 3-261.
L. EMPLOYEE FATIGUE
Fatigue Time is allowed to afford an employee the opportunity to rest because:
1. The employee has been required to work in excess of four (4) hours of overtime, or has been called back three (3) or more times between shifts.
AND
2. The overtime or qualifying call back was completed with less than eight (8) hours before the start of the employee’s next regularly scheduled shift.
Fatigue Time allows an employee at least eight (8) hours in which to rest before being required to report to the regularly scheduled shift, or to leave work early if the employee reported to work after qualifying for Fatigue Time.
The employee requesting Fatigue Time must contact their Supervisor with their request and the Supervisor shall grant the request unless extreme circumstances exist.
An employee who is authorized to take Fatigue Time shall use available hours from an applicable leave bank of their choosing for the absence. If the employee does not have enough leave hours available for the absence, the employee may take Leave Without Pay. Employees shall not incur an incident under the Attendance Policy for use of leave for Fatigue Time.
M. STANDBY EQUIPMENT
1. To make it easier and more time efficient for employees assigned to Standby Duty to respond to City requests for Call Back, City management may provide a City vehicle and cell phone, if available, for those employees on standby.
2. While on Standby Duty, permission to take a City vehicle out of the County or for personal use shall be at the discretion of the Department Director, and shall not be unreasonably withheld during special occasions such as holidays, family reunions, birthdays, anniversaries, etc.
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3. Employees on standby who are not assigned a City vehicle who receive a call back assignment may receive mileage reimbursement for travel to and from the designated call back location at the Internal Revenue Service (IRS) standard mileage rate in effect at the time of travel. Mileage reimbursement shall be in accordance with provisions of Administrative Order (AO 2-2).
N. EMPLOYEE INCENTIVE TIME OFF
The Employee Incentive Time Off Program will be discontinued effective January 17, 2021. On January 1, 2022, all active employees in the Unit shall receive a one- time credit of thirty-two (32) hours of Employee Incentive Time Off.
Employees may use Employee Incentive Time Off upon approval of the employee’s immediate supervisor. Employees may voluntarily cash out the entire balance or any portion of their Employee Incentive Time Off at any time.
O. CLASSIFICATION AND COMPENSATION STUDY
The parties agree to a limited reopener to meet and confer on the review of the suggested job specification and classification changes finalize the specifications resulting from the 2024 classification and compensation study within sixty (60) calendar days after ratification of the MOU . After finalization of the specifications, the City shall work with IBEW to perform desk audits to consider possible reclassifications if necessary. This article shall be opened for negotiations if desk audits provide for consideration of reclassification.
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ARTICLE VIII
FEDERAL DRUG POLICY
(FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT)
1. The City maintains two (2) separate policies, as listed below, to distinguish those specific procedures required by the Federal Transit Administration (FTA) and the Federal Motor Carrier Safety Administration (FMCSA).
“Fresno Area Express, Controlled Substances and Alcohol Testing Policy for ‘Safety -Sensitive’ Employees/Individuals Subject to Federal Transit Administration Regulations”, as may be amended from time to time after compliance with the applicable collective bargaining laws.
“City of Fresno Controlled Substances and Alcohol Testing Policy for ‘Safety-Sensitive’ Employees/Applicants Subject to Federal Motor Carrier Safety Administration Regulations ” (“City’s FMCSA Policy”), as may be amended from time to time after compliance with applicable collective bargaining laws.
In addition to the City’s FMCSA Policy noted above, Administrative Order 2-25, the City’s City -wide drug and alcohol policy, shall apply to IBEW members.
2. Each policy, as revised, is intended to sufficiently summarize the current Federal Regulations required by the Federal Omnibus Transportation Employee Testing Act of 1991, as amended. Should any
amendments/revisions to applicable policies occur, a copy of the amended revision will be forwarded to IBEW’s Unit Representative with an offer to meet and confer regarding any potential impact of the amendment/revisions to the affected members. The FMCSA policy will be distributed to every affected member of this Unit upon any amendments/revisions to the policy, and at the time of training and orientation.
3. Any disciplinary action taken by the City as a result of this policy will be subject to the applicable provisions of current MOUs, Administrative Orders and the FMC concerning representation and appeal process/hearing.
Among the factors to be considered i n determining the appropriate disciplinary action include the level of the offense, the nature and requirements of the work, length of employment, current job performance, and history of past disciplinary action. Pursuant to the provisions of FMC Section 3-605 (a)(5), the City reserves the exclusive right to determine the level of disciplinary action subject to the disciplinary process referenced above, utilizing the guidelines set forth in the City’s FMCSA Policy.
4. The Procedure for Random Testing is outlined in the City’s FMCSA Policy.
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5. Reopener
If the City proposes to change the corresponding City -wide random drug and alcohol testing policy as a result of changes to federal or state law, the parties agree to a limited reopener on the MOU policy agreement between the City and the Union.
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ARTICLE IX
HEADINGS
A. HEADINGS
MOU article, provision, and paragraph headings (includes exhibits, addendums, attachments, agreements) contained herein are solely for the purposes of convenience and shall not affect the construction or interpretation of any of the language of this MOU.
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ARTICLE X
SAVING CLAUSE/FULL UNDERSTANDING
A. SAVING CLAUSE
In the event any Article, Section, or portion of this MOU should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific Article, Section, or portion thereof specified in the court’s decision, and upon issuance of such a decision, the City and IBEW agree immediately to meet and confer upon a substitute for the invalidated Article, Section, or portion thereof.
B. FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the parties, and any previous understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their enti rety. With respect to side letter agreements, any not attached to this MOU are hereby terminated in their entirety unless the side letter agreement expressly states an expiration date beyond the term of this MOU. This paragraph is not intended to prevent either party from relying on discussions which occurred during the meet and confer process for the purpose of clarifying the meaning of this MOU.
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ARTICLE XI
TERM
The provisions of this MOU shall be in full force and effect from June 17, 2024 June 16, 2025 to June 15, 2025 June 25, 2028, subject to the Sections (A., B., and C.) below.
A. This MOU shall become effective only after ratification by the members of IBEW, followed by City Council approval and the expiration of the waiting period for the Mayor’s action provided in Charter sections 605 and 609, and after all parties named on the signature page of this MOU have signed the MOU, and shall remain in full force and effect through June 15, 2025 June 25, 2028.
B. During the life of this MOU, should either party desire to modify its terms or to meet and confer as to matters within the scope of representation not addressed in this MOU, the party requesting such modification shall request in writing to meet and confer on the item(s), which item(s) shall be specified in writing.
C. During the life of this MOU, either party may refuse any request by the other to meet and confer without explanation if the item is directly considered and specifically addressed herein; or if the specific item was included in a written proposal from the party making the request during the meet and confer process which led to this MOU, or if the item is directly considered and addressed in Chapter 3, Article 1 - Personnel of the Fresno Municipal Code. It is further agreed; however, that this Section shall not prohibit the City from requesting to meet and confer on changes to federal or state statutes, in which case the request to meet and confer shall not be refused.
D. REOPENERS
The parties agree to meet and confer over:
1. Revisions to the Personnel provisions of the Fresno Municipal Code (FMC), Chapter 3, Article 1);
2. Revisions to the Civil Service Regulations in the FMC, Chapter 3, Article 2; and
3. Revisions to the Employer-Employee Relations provisions of the Chapter 3, Article 6.
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IN WITNESS WHEREOF, the parties hereto set their hands this day of , 2026.
FOR INTERNATIONAL FOR THE CITY OF FRESNO:
BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL 100:
JAKE PILAND SUMEET MALHI
Business Manager Chief Negotiator
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: __________________________
Assistant City Attorney
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EXHIBIT 1
SALARIES
Table 1
Effective June 17, 2024 May 18, 2026
CLASS TITLE SALARY
Air Conditioning Mechanic 7422 8326
Airports Electrician 6714 7531
Concrete Finisher 6474 7262
Electrician 6714 7531
Industrial Electrician 7422 8326
Painter 5899 6617
Plumber 6714 7531
Table 2
Effective June 17, 2024 June 15, 2026
CLASS TITLE SALARY
Air Conditioning Mechanic 8005 8660
Airports Electrician 7241 7833
Concrete Finisher 6982 7553
Electrician 7241 7833
Industrial Electrician 8005 8660
Painter 6362 6882
Plumber 7241 7833
Table 3
Effective June 14, 2027
CLASS TITLE SALARY
Air Conditioning Mechanic 9007
Airports Electrician 8147
Concrete Finisher 7856
Electrician 8147
Industrial Electrician 9007
Painter 7158
Plumber 8147
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EXHIBIT 2
ATTENDANCE POLICY
UNIT 7, REPRESENTED BY IBEW, LOCAL 100
PURPOSE
To establish an attendance policy for employees in Unit 7, represented by IBEW.
POLICY & PROCEDURES
This policy is to be constru ed on a rolling 12- month period . A primary requirement for continued employment is regular attendance. While the City recognizes some absences may be unavoidable, City departments and the employees have an obligation to the public that demands regular and prompt attendance.
Although it is recognized that excessive absenteeism is a proper reason for corrective/disciplinary action, up to and including termination of employment, it is the policy of the City to identify problem areas by keeping proper records, exploring avenues of available assistance, and encouraging compliance with attendance standards.
This attendance policy was developed to establish uniform guidelines to further efforts to provide service to the public and is designed to be a no- fault program. The pervasive problems stemming from inordinate absences are the focus of this policy, not the nature of the absences.
Authorized leaves and statutorily protected leaves (e.g., Family and Medical Leave Act, California Family Rights Act, military leave, jury duty, subpoenas and court appearances, bereavement leave, vacation leave, FMC leave of absences, suspension, union bu siness, etc.) are outside the scope of this attendance policy and shall not be considered an incident.
In the event of a serious illness or injury to the employee requiring the employee’s absence during a future period of time, or a serious illness or injury to the employee’s spouse, dependent minor children, or parents requiring the employee’s absence during a future period of time, the applicable City department, the employee and the Union may agree to a plan for the employee’s absence(s) over a specified period of time. If such plan is agreed upon, absences under such plan shall not be subject to this pol icy.
DEFINITIONS AND RULES - SECTION I:
1. Absences:
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Excluding the authorized and statutorily protected leaves discussed above, an absence or absenteeism is defined as any failure to show up for or remain at work as scheduled regardless of the reason. Any employee, who fails to show up for work or remain at work as scheduled, will be charged with an incident of absence under this policy.
a. Authorized leaves (i.e., s cheduled leave time prearranged and approved) shall not be considered an incident.
b. A day or days of continuous absence due to illness shall be considered one incident.
c. Employees who are absent for an indefinite period due to illness or injury must inform their supervisor of their absence at the onset of the absence prior to the start of their scheduled shift in accordance with subsection (d) below and inform their superv isor of their anticipated return date. An employee may be required to provide a medical professional’s verification to return to work after the use of greater than forty (40) hours of consecutive leave used for the absence in a seven (7) calendar day peri od.
d. Employees who are unable to report to work must notify their manager or designee in advance of their scheduled start time. Employees who fail to provide advanced notification of an absence may be subject to corrective/disciplinary action. This provision shall not preclude any department or division from establishing policies or procedures regarding employee notification of an absence or tardy, including but not limited to, the time in which employees must provide advanced notification, subject to meet and confer with Labor Relations and the Union. A copy of such procedures established by any department or division shall be furnished to the Union and shall be subject to meet and confer with Labor Relations and the Union prior to implementation. No policy written by any department or division shall supersede any of the provisions or language of this MOU agreement.
e. Any employee who does not report to work and does not notify their manager or designee of the absence will be considered absent without leave and may be subject to disciplinary action as provided in the applicable provisions of the Fresno Municipal Code, as the same may be amended from time- to-time.
f. These provisions shall not preclude any department or division from establishing policies or procedures regarding absences, including, but not limited to the time in which employees must provide advanced notification, subject to meet and confer with Labor Relations and the Union. A copy of such procedures established by any department or division shall be furnished to the Union and shall be subject to meet and confer with Labor Relations and the Union prior to implementation. No policy written by any MOU City of Fresno and IBEW, 6/17/2024 – 6/15/20256/16/2026 – 06/25/2028 Page 45
department or division shall supersede any of the provisions or language of this MOU agreement.
2. Tardies:
An employee is tardy if they report to work after their scheduled start time.
Departments and/or divisions may establish policies or procedures which provide specific guidance on the timing which constitutes a tardy based on operational need.
Grace periods or report to work time ranges are at the discretion of management. a. Excessive tardiness is defined as three (3) or more tardies during one (1) calendar month.
b. Employees who accrue three (3) tardies during one (1) calendar month shall receive one (1) incident. Employees shall receive one (1) incident for each subsequent tardy during the calendar month.
c. Employees who are going to be tardy must notify their manager or designee that they will be tardy in advance of their scheduled start time and provide a time they anticipate they will report to work. Employees who fail to provide advanced notification of a tardy may be subject to corrective/disciplinary action.
d. Employees who are tardy and report to work by their anticipated report time will receive one (1) tardy. Employees who do not report to work by their anticipated report time and do not provide notification to their manager or designee, will receive a second tardy.
e. The City reserves the right to require an employee to report to work for the balance of the day on which tardiness occurs. Failure by the employee to report to or remain at work for the balance of the day as directed by a supervisor may be cause for disciplinary action.
f. Employees may use applicable leave balances , or Leave without Pay , once all applicable leave balances have been exhausted, to cover work time missed due to the tardy.
g. These provisions shall not preclude any department or division from establishing policies or procedures regarding tardies that are not addressed in these provisions, including, but not limited to the time in which employees must provide advanced notificati on, subject to meet and confer with Labor Relations and the Union. A copy of such procedures established by any department or division shall be furnished to the Union and shall be subject to meet and confer with Labor Relations and the Union prior to implementation. No policy written by any department or division shall supersede any of the provisions or language of this MOU agreement.
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CORRECTIVE/DISCIPLINE ACTIONS - SECTION II:
1. Excessive absenteeism by an employee shall subject said employee(s) to corrective/ disciplinary action. Excessive absenteeism for purposes of this policy shall be defined as four (4) or more occurrences (i.e., incident) of absence within any consecutive 12- month period beginning with the effective date of this policy.
The 12- month period referred to in this policy shall mean a “rolling” 12- month period.
2. The corrective/disciplinary actions under this policy are noted in the table below.
Incident Level
4th Verbal Warning
5th Letter of Understanding
6th Written Reprimand
7th $100 Fine
8th $300 Fine & 6 month prohibition on working
overtime, if non- exempt, unless overtime is
management directed
9th 10 Working Days Suspension
10th Termination
The City reserves the right to deviate from this table of progressive corrective/disciplinary action under mitigating circumstances as approved by the appointing authority, or when there is a pattern of excessive absenteeism indicating abuse of time off. An example of a mitigating circumstance is a case where an employee with an otherwise exemplary prior history of good attendance (three [3] to five [5] years) experiences an unexpected problem, which causes inordinate temporary absenteeism, or whenever there is a pattern of abuse of time off.
An employee who has no additional incidents for 90 calendar days after receipt of an incident shall have their number of incidents reduced by one (1). The employee must have no additional incidents for an additional 30 calendar days before an additional incident is removed. If an employee receives an incident before an additional 30 calendar days has passed, then no incident will be removed until 90 calendar days after the last incident. The incident to be removed shall be the oldest in the rolling 12- month review period at the time the employee reaches the 91 st and 31 st days
respectively.