TERM
CITY OF SANTA CLARA- IBEW LOCAL 1245 (UNIT 3)
2021 NEGOTIATIONS
TENTATIVE AGREEMENT**
■ December 19, 2021 - December 31, 2025
WAGES
■ 2022: 7 .5% general wage increase effective calendar year 2022. ~ffeeHve-Retroactively effective the first pay period of calendar year 2022, all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 7.5%.
■ 2023: 6.5% general wage increase effective calendar year 2023. Effective the first pay period of calendar year 2023, all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 6.5%.
■ 2024: 5.5% general wage increase effective calendar year 2024. Effective the first pay period of calendar year 2024, all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 5.5%.
■ 2025: 5.0% general wage increase effective calendar year 2025. Effective the first pay period of calendar year 2025, all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 5.0%.
■ See attached.
OVERTIME
• See attached
** THIS AGREEMENT IS CONSIDERED TENTATIVE AND SHALL NOT BE CONSIDERED FINAL OR BINDING UNTIL RA TIFJED BY /BEW LOCAL 1245 (UNIT 3) MEMBERS AND APPROVED BY CITY COUNCIL. THIS DOCUMENT SETS
FORTH THE FULL AGREEMENTS OF THE PARTIES REACHED DURING THESE NEGOT/A TIONS. ANYTHING NOT INCLUDED IN THE DOCUMENT IS NOT PART OF THE TENTATIVE AGREEMENT. ALL OTHER EXISTING MOU LANGUAGE SHALL REMAIN THE SAME.
FOR THE CITY:
Aracely Azevedo
Director of Human Resources
FOR THE UNION:
5/31/22
Date Charley S u ers
Lead Negotiator, IBEW
City of Santa Clara
May-1-1;ll, 2022
Date
5/31/22
5/31/2022
5/31/22
CITY
OF
SANTA
CLARA-
IBEW
LOCAL
1245
(UNIT
3)
2021
NEGOTIATIONS
TENTATIVE
AGREEMENT**
Date
of
Human
Resources
JessMurrill
Date
Charles
Sakal
Outside
Counsel
Kevin
Kolnowski
Chief
Operating
Officer
Date Date
IBEW Joh~Ss~ IBEW
~~&:,A
Michael
Keate
IBEW
Grant
Sakakihara
Date
Senior
Management
Analyst,
Human
Resources
City
of
Santa
Clara
May
-1-1,U,
2022
Page2of2
5/31/22
Date
Wages
Proposed Language:
2. ADJUSTMENT OF TOTAL COMPENSATION
A.
B.
C.
D.
E.
Wages
( 1)
(2)
(3)
(4)
!;ff eGtive-retr-0aGtive-t0-bleGemtei:--2-3,-20-1-8,f er--th0se--pers0ns-ampl0 yed 0A--the-0ale--GounGil-appr0ve-sthe--newMOO,a-tetal-B0mpensati0rHAGrease that---results-in-a--&.Q2/o--Wage-inGrease,-€-ffeGtive--tl=le--fiIBt-fullpay--pei:i0d-ef-the -1-2+1-9----42~MGtJ--yeaf-;--B-fur-ther-tot-al-Gempensatien--incr-ease--t-4a-t--i:esults i-n--a-&.-G-Wo--wage-iAGrease-:--.E-ffective-the-fir-sW-ul-l---pay--f:}er~0EI--Bf-t:Ae----1-2/-20- -1..Y24--MGU--year,a-tetal-wmpensatieFHnGFea-Se----tflal---fesult-s-in-a---wage iRGfea-se--of--5.0¾Effective December 26. 2021 (the first pay period of calendar year 2022), all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 7.5%.
Effective December 25, 2022 (the first pay period of calendar year 2023), all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 6.5%.
Effective the first pay period of calendar year 2024, all salary ranges assigned to Unit 3 shall be increased by approximately 5.5%.
Effective the first pay period of calendar year 2025, all salary ranges assigned to Unit 3 shall be increased by approximately 5.0%.
The CalPERS increases fF0Hl--fi-sGal-years--2Q-i6-20-1-7-te---2-G--i--7-2G-1.&-anEl-fr0m-f-iscal year~O:J--7-2-G-1&-te-2-0:J.8-2-0-1-9-and-frem--fiscal-yeaF--2-G--W-2G-W--to-2G-1-9-2G20d u ring the term of this MOU will not adversely impact salaries of employees.
Changes in Kaiser rates during the term of this MOU will not impact the salaries of employees which salary changes are set forth in paragraph 2.A. above.
The Salary Adjustment Form and "Total Compensation" Methodology described in Sections 1 and 2 of the MOU will not be used i-R--!:Ae--2G-19.--2Q2:Q-er---2-02:-1for the duration of this MOU yeafs-to determine salary (which salary adjustments were already negotiated and agreed to in paragraph 2.A. above.
For the duration of this 20:19-2-0-2-i--MOU, the provisions specified below in this Section 2(E) are suspended.
Effective February 1, 2001 and February 1, 2003, if it is determined by the Union and representatives of the City that any classification represented by the Union is
2.5% below the survey average in base salary for that classification after the adoption of a new Total Compensation amount under this MOU, the City of Santa Clara shall adjust such classifications to the salary step on the salary schedule for those classifications to bring them as close as possible to 2.5% above the survey average on a common salary schedule. For purposes of this comparison the City of Santa Clara
survey agencies are as defined in Section 1 (C). The City shall implement this adjustment beginning with the first pay period following verification by the City.
F. It is recognized by both parties to this agreement that it is their mutual responsibility to independently verify, to the extent possible, the accuracy of the information upon which Total Compensation adjustments are made. Should it be discovered by either party that adjustment(s) to salary and fringe benefits are based on erroneous information or has been erroneously computed, the necessary corrective action will be taken as soon as practical after the discovery and notice of the error has been given. It is the mutual responsibility of both parties to report any suspected error immediately upon discovery to the other party. However, the period for which there will be a right to recover any monies which are either overpaid by the City or underpaid to the employee shall be limited to an adjustment period of up to 90 calendar days from the date the error was first reported to the other party. The corrective action will be taken even in circumstances where the error may bridge successive MOUs, but the recovery will still be limited to amounts owed or owing during the prior 90 calendar days. The 90 calendar day period will begin upon the date of written notification by personal service upon the other party.
Right of recovery by the City of overpayment shall be limited to recovery over the same time period as the overpayment was made. Said repayment will begin with the next paycheck following final determination of the amount to be repaid.
Underpayment to the employee shall be made by the City in a lump sum of the amount owed on the next regular paycheck following final determination of the amount to be paid.
G. There shall be no employee generated reclassification requests during the term of this MOU. However, during the term of this MOU, the City intends to develop a City-wide Classification Policy, under which employees may request a classification study, including but not limited to a request that the City evaluate whether a re-classification is appropriate given an employee's actual job duties.
The City agrees to meet and confer with IBEW regarding this new Classification Policy.
For the duration of this 20-1-9-202-1-MOU, the provisions specified in this TABULAR DESCRIPTION OF ADJUSTMENT OF TOTAL COMPENSATION are suspended.
City of Santa Clara
Overtime
Proposed Language:
13. OVERTIME
A. DEFINITION
Overtime is defined as: (a) time worked in excess of 40 hours in a workweek, (b) time worked in excess of eight hours on a workday, (c) time worked on a non workday, (d) time worked on a holiday and (e) time worked outside of regular work hours on a workday. The City shall not be required to pay overtime compensation more than once for any single period of time worked. Overtime shall be accumulated each day and shall be compensated to the one-quarter hour.
B. BALANCING OF ACCUMULATED HOURS
A newly hired employee or a person returning to work after an absence of 60 calendar days or more will be initially credited with the average number of overtime hours on record for his/her classification for equitable overtime distribution purposes.
C. OVERTIME PAY RATE
The following overtime payment program is in effect for represented employees:
1) Emergency overtime (overtime which is assigned with fewer than 14 hours' notice [24 hour notice for shift employees, including employees on the "Maintenance Shift" at the DVR]) will be paid at two (2) times the regular hourly rate. For emergency overtime that either precedes a regular work shift or pre-arranged overtime assignment by more than one hour, employees shall be compensated at the emergency overtime rate from the time the employee reports to his/her assigned work station in Santa Clara until the employee is relieved from the emergency work assignment, or for three (3) hours, whichever is later in time. For emergency overtime that follows a regular work shift, employees shall be compensated only for actual overtime hours worked.
2)
EXCEPTION: An employee who is injured and requires medical treatment as a result of an accident that occurred while directly en route from his/her home (or other location from which he/she was ordered to respond) will be presumed to be "at work" for purposes of Workers' Compensation.
Scheduled (pre-arranged) overtime (overtime which is scheduled more than 14 hours in advance [24 hours for shift employees including employees on the "maintenance shift") will be paid at eneand-a-half-times (-1-_!/.t)two times the regular hourly pay rate ("double time") for pay only: if an employee opts to receive pre-arranged overtime as compensatory time off (CTO). CTO shall be at the time and one half (1 ½) rate. with the following exceptions:-,
City of Santa Clara
(a) For Pre-arranged overtime on a non-work day, hours worked beyond eight (8) hours of work may be taken as CTO at the double-time rate. wHl-be-paie--at-tl1e--time-aHEl-0R6-flalf-f-1-¼)-r-a te-fer-the-+irst-eig hl-fl0t1r-s 0f-wer-k-fe-xelueiAg--1:1Ri)aiEl-meal--time-)-aREl-at-the--El0u0le-time-f~mes-) r-at&-fGf-flGl:!r-s--wer-ked--in-exGess-0f.--the--eight-h08f&, 2-)(h)_Pre-arranged wefk..overtime that occurs on observed City holidays will-13e-paiEl--at-lwe-(-2-}times--the-regular-h0Hr-ly-may be taken as CTO at the double time rate. lf.B..SYslem-Bmer-genGy-0GGur-s--while-f)re aHaAge<l-overtime-isbein§--FteFfer-mec~-.fue-emf)l0-yee-w111--oo-f)aiEl-at the--Ume---anEl-0Ae--l-1-al41..Yz-times)-r-ate--uHtil---s1:1Gh-time-asthe-w0Fk reql:lired--by-the-J:lre-ar-r-aR§eEl-assi§AmeRt-is-G0mpletee-0r--susJ:leRded fer-t-Ae--d-ay,at-whiGh time-the-ernf)leyee-will-eegin -tebe-paid-at-the El0u01e-time-(-2-4+me&)·fate-until-released7
&Pre-arranged overtime tl=lat-either--B¾teREls--tl=le-Rormal-w0rk--day,0r 0Gsl:lrs--fell0wiA§r-BomJ3leti0n--0f.a...fl0rmal-wor-k-oay-eut-wfGre-24-heur-s follewiRg...the---st-art-ef..#lat--A-Ormat-wor-k-day,1Nil1..J::le-paid--at-the-d0ttsle time-(2--1:ime-s}-rate--for time worked in excess of 12 hours (excluding unpaid meal time) in t-Aal--f!..24 hour period may be taken as CTO at the double time rate.
3) Emergency overtime which extends a regular work shift beyond an employee's regular schedule of either eight (8) or nine (9) hours (excluding unpaid meal time) will be paid at the double time (2 times) rate (for pay or CTO).
4) Prearranged overtime for a meeting or training and does not overlap into a normal work day shall be compensated a minimum of two (2) hours at the evert-ime-double time rate (for pay or CTO). Prearranged overtime for work assignments that do not overlap a normal workday shall be compensated a minimum of three hours at the overtime rate.
5) An employee who is scheduled to be off on Vacation or CTO may be asked but shall not be scheduled or required to work prearranged overtime for the period between the end of the employee's last regular day of work preceding the employee's scheduled time off and the start of the employee's next scheduled day of work. Additionally, the employee shall not be charged for overtime not worked in the period between the end of the employee's last regular day of work preceding the employee's scheduled time off and the start of the employee's next scheduled day of work.
6) Employees will be paid for the greater of either 30 minutes or actual conversation time at the double time rate for off duty time spent on work related phone calls when the employee is not asked to respond to a work location. The applicable manager responsible for approving overtime work is required to have provided advance approval before such off duty work calls. An employee is not entitled to pay if the phone call is limited to the subject or whether or not an employee will be called out to work.
City of Santa Clara
7) Employees required to remotely access their work computer to complete Operations Planning Analysis (OPA) of system conditions for Reliability Coordinator requirements will be paid for the greater of either 90 minutes or actual time spent completing the work at the pre-arranged overtime rate for off duty time spent on work related analysis when the employee is not asked to respond to a work location. The applicable manager responsible for approving overtime work is required to have provided advance approval before such off duty work assignments. Remotely performed real time operations support tasks that are performed same day or in real-time shall be treated as emergency overtime.
An employee who is off due to illness or injury shall not be scheduled for overtime work until he/she returns to work on a regular work day.
City of Santa Clara
APPENDIX A
SHIFT WORKER AGREEMENT FOR GENERATION DIVISION
City of Santa Clara
Electric Department
Generation Division
January 10, 2005 (Revised, 2016)
Shift Worker Agreement for Generation Division
V. BALANCING HOURS
Each covered employee shall have a CTO bank for overtime accrued during regularly scheduled shift assignments. Under this Agreement, individuals will work 48 hours per week and then 36 hours per week on their regularly scheduled shifts in a pay period.
When working the 48-hour per week shift schedule, individuals shall have the first three (3) hours worked above 40 hours compensated as CTO at the 1.5 rate, resulting in 4.5 hours of CTO being credited to the employee's CTO bank. Employees can elect to receive the remaining five (5) hours as pay at the 2.0 rate or as CTO at the 1.5 rate.twel-ve-t=l-2-)-heur-s-GreeiteEl--te--tfieii:-G-T-G-Gaflk---fei:-thatfay per�e4
When working the 36 hours per week shift schedule, four (4) hours CTO will be deducted from the CTO Bank and added to that week's hours to ensure pay for a 40-hour workweek.
Excess CTO in the CTO Bank shall be available for employee use/cash out as outlined in the MOU.
CTO bank balancing hours shall be the only hours used to balance the work hours in the 30-36-hour scheduled work week. Employees who are at the maximum CTO accrual of 240 hours shall be receive pay at the double time rate.
City of Santa Clara