MEDIATION JOINT RECOMMENDATION
City of Santa Clara - IBEW Local 1245 (Unit 3)
TERM 4 YEARS (1/1/26 - 12/31/29)
WAGES 1ST PAY PERIOD AFTER ADOPTION = 5%
: 1ST PAY PERIOD OF 2027 = 5%
• 1ST PAY PERIOD OF 2028 = 4%
• 1ST PAY PERIOD OF 2029 = 5%
TOTAL 19%
CTO SEE ATTACHED
• Must be on paid status to receive it.
• Would be prorated when an employee returns from leave. • Elimination of CTO cashout
STANDBY PAY SIDE LETTER (PILOT PROGRAM)
Sideletter for a 2-year Pilot Program
A. Voluntary Standby Duty
In order to minimize the length of any unforeseen power outage and/or reduce the response time for any maintenance service, the following standby provisions shall be utilized for employees assigned to T&D and Substations.
SVP will post normally a sign-up sheet for employees to sign up for standby duty at least a week prior to scheduled standby duty, as determined by SVP. SVP will select employees who volunteer for standby based on the lowest standby hours first.
It is the employee's responsibility to confirm their phone is working, sufficiently charged, has sufficient reception at all times. Employees on standby are expected to immediately answer all calls from SVP. If an employee misses a call it is expected they will call back within ten minutes of receiving the call. The employee who volunteers for standby duty must be available for contact and fit to report to work. If the employee is contacted by the City to respond, the worker will leave their location promptly and report to work.
Employees shall receive standby pay for each standby period as follows:
• Regular workday: 3 hours at straight time
• Regular Day Off: 6 hours at straight time
• Holiday: 8 hours at straight time
overtime during the standby duty timeframe.
B. Reassignment of Standby Duty
If an employee is signed up for a standby duty period and is unable to fulfill the standby tury department. Stail be desponsibe for a ding her la rentarent and not ying
MEDIATION JOINT RECOMMENDATION
City of Santa Clara - IBEW Local 1245 (Unit 3)
C. Expiration of Pilot
During the Pilot period, the parties will meet periodically to evaluate the program.
Changes will be by mutual agreement. Unless the City provides written notice on or before November 30, 2028 this Pilot Program shall expire on December 31, 2028.
AUTONOMOUS SIDE LETTER TO BE ATTACHED TO MOU
TECHNOLOGIES
The City and the Union recognize that new technologies, including but not limited to Artificial Intelligence (Al"), have the potential to improve services, and that when used in the City workplace setting:
public. Technology has the potential to improve information access. The parties agree that new technologies must be implemented consistent with the law, including protection of patient/client confidentiality and public safety; . Technology, in part, is intended to enhance, not degrade skills of bargaining uni Mi and an opportunity to meet and confer about negoliable effects under the
GRIEVANCE SEE ATTACHED
PROCESS • Elimination of Joint Grievance Committee
• Add Arbitration
HOLIDAYS SEE ATTACHED
• Observation of holiday
CONTRACTING SEE ATTACHED
OUT
FOOTWEAR SEE ATTACHED
ESTIMATORS AS PROPOSED BY CITY IN PACKAGE PROPOSAL A (SEE ATTACHED) FOR THE CITY: FOR THE UNION:
Pade Sail Le /23/26
Charles Sakai Sheila Lawton Date
P23126
Lead Negotiator Lead Negotiator, IBEW Local 1245
1/23/26
Date
City Manager
2025 CITY OF SANTA CLARA - IBEW LOCAL 1245 (UNIT 3) NEGOTIATIONS CITY and Unit 3 Negotiations - Compensatory Time Off
Proposed Language:1
Modify Article 10 as follows:
10. HOLIDAYS AND AWARDED COMPENSATORY TIME OFF (CTO)
C. Awarded Compensatory Time Off (CTO)
Effective January 4the first pay period of each calendar year, each represented employees employed on that date will continue to receive credit for 16 hours of compensatory time off (CTO) to be used as Priority CTO. To qualify for awarded CTO, an existing employee must be in paid status the workday immediately preceding the first day of the first pay period of the calendar year in which Awarded CTO is provided, and the workday immediately following the first day of the first the first pay period of the calendar year in which Awarded CTO is provided.
This awarded CTO will have priority over utilization of earned CTO and will not be unreasonably denied by the City provided that the request to use CTO on a priority basis is received in writing at least 24 hours in advance of the intended usage.
Denial of such usage by the City will be based upon emergency work or inability of the City to provide required services if such request were granted.
Employees hired after January 1-the first pay period in any calendar year 2004 shall be credited with a pro-rata share of awarded CTO based upon the proportion of the calendar year remaining after their hire date.
Add the following to Article 13:
13. OVERTIME
G. Effective the first pay period of 2028, there shall be no cash out of CTO. • The proposed language is subject to review and approval by the City Attorney's Office City of Santa Clara
2025 CITY OF SANTA CLARA - IBEW LOCAL 1245 (UNIT 3) NEGOTIATIONS CITY and Unit 3 Negotiations - Grievance Procedure
Proposed Language: 1
34. GRIEVANCE PROCEDURE
The City's employee grievance process is established in City Manager's Directive #47 (CMD #47), titled On the Job Personnel Grievances. This CMD generally describes the process available to individual employees to clarify (and modify, if so required nterpretations of City rules, regulations, procedures and policies. If an employee choose:
not to have Union representation, the employee will follow the grievance procedure in CMD #47. The procedure for appeals on suspension, demotions, and dismissals is set forth in the Civil Service Rules and Regulations. The procedure for complaints of applicants or employees alleging discrimination is set forth in the City Affirmative Action Plan, a copy of which is on file in the Office of Testing and Classification and that of the City Clerk.
The following procedure is in place for represented employees who choose to have Union representation during the course of the Grievance process.
A. STEP 1
Step 1 of the process is the informal discussion between the employee and his/her supervisor. Should this informal process not result in resolution of the grievance, the employee shall reduce his/her grievance to writing and submit it to his/her department head for formal action.
B. STEP 2
Within five (5) working days (or at a later date by mutual agreement between the employee, his/her representative and the department head in order to accommodate scheduling problems) of the receipt of the formal grievance, the department head shall review the entire grievance file through a meeting with the employee and his/her Union representative. Within five (5) working days from the date of this meeting, the department head will respond in writing to the employee, setting forth his/her resolution to the problem. The employee must respond within five (5) working days to the department head in writing as to whether the grievance has been resolved or is still unresolved. If the matter has not been resolved as a result of this step, the department head shall immediately forward all written material, including the original grievance, to the Municipal Emplovee Relations Officer (MERO) for action.
C. STEP 3
Within five (5) working days, (or later by mutual agreement), of the receipt of the grievance material, the MERO shall review the entire grievance file through a meeting with the employee, his/her Union representative and any additional parties who the MERO or Union feels can help to resolve the grievance. Within five (5) working days from the date of this meeting, the MERO will respond in writing to the employee, setting forth his/her resolution to the problem. The employee must respond within five (5) 'The proposed language is subject to review and approval by the City Attorney's Office City of Santa Clara
2025 CITY OF SANTA CLARA - IBEW LOCAL 1245 (UNIT 3) NEGOTIATIONS working days to the MERO by written acknowledgment on the response as to whether the grievance has been resolved or is still unresolved. If the matter has not been resolved as a result of this step, the MERO shall forward all written material, including the original grievance, to a Joint Grievance Committeethe City Manager.
D. STEP 4
Within fifteen (15) working days of the receipt of the grievance material the City Manager shall review the entire matter and render a decision, in writing as to the resolution of the grievance. This review may include a meeting with the parties concerned (including the employee and his/her Union representative) and, if such a meeting is required, it will be scheduled within the fifteen (15) day period at a date that is mutually agreeable to all parties to the matter and the City Manager will render a Cu final decision within five (5) working days of that meeting. The City Manager's decision will be directed to the employee through his/her department head. If the employee disputes the City Managers finafdécision in the matter, the arbitration process outlined in STEP 5 will be availableJoint Grievance Committee will meet. Such Committee shall be composed of four (4) members: Two (2) members representing the City and twe (2) members representing the Union. The Grievant and the Director of Electric Utility for the Director's designee) shall not be committee members although they shall be present at the meeting. The Committee shall render an advisory opinion to the City Manager within ten (10) working days unless extended by mutual agreement. The City Manager shall render a final decision within five (5) werking days.
E. STEP 5
1. If the employee (through the Union) continues to dispute the decision of the City Manager, the employee (through the Union) shall, within fifteen (15) working days of the City Manager's decision, request that the matter be referred to-a Mediator appeinted by the California State Mediation/Conciliation Service, who shall render an advisery opinion on the merits of the grievance to the City Manager. The City Manager may accept, modify or reject the advisery opinion of the Mediator. The City Manager's decision shall be final an arbitrator, who shall render a decision on the grievance to the Union and City Manager. The decision of the arbitrator shall be final and binding.
2. The parties agree that the time limits set forth herein are of the essence of this procedure and are to be strictly complied with. Time limits may be extended only by written mutual agreement of the parties.
3. The cost of the arbitrator shall be shared equally by the City and the Union and shall be selected by mutual agreement between the City and the Union or selected from a list of seven (7) qualified arbitrators provided by the State of California Conciliation Service. Any costs associated with the mutually agreed upon joint request for a list of persons qualified to act as arbitrators from the State of California Mediation and Conciliation Service shall be divided equally between the parties. The City will process the joint request after receiving the Union's share of the cost for obtaining the list.
Within ten (10) working days following receipt of the above referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be City of Santa Clara
2025 CITY OF SANTA CLARA - IBEW LOCAL 1245 (UNIT 3) NEGOTIATIONS determined by lot and the parties shall alternately strike one name from the list until only one (1) name remains, and that person shall be the arbitrator.
5. The arbitrator shall have all pertinent written materials and witnesses used by either party in their review of the grievance available during his/her deliberations.
Costs of representatives. witnesses or materials shall be assumed by each party to the grievance. Court reporter fees are also shared equally among the parties.
City of Santa Clara
2025 CITY OF SANTA CLARA - IBEW LOCAL 1245 (UNIT 3) NEGOTIATIONS CITY and Unit 3 Negotiations - HOLIDAYS AND AWARDED COMPENSATORY TIME OFF (CTO)
Proposed Language: 1
10. HOLIDAYS AND AWARDED COMPENSATORY TIME OFF (CTO)
D. The pay period following the date when all bargaining unit employees are entering their own time directly into the payroll system, employees in the classifications of Troubleshooter. Electric and Water System Operator, Senior Electric and Water System Operator will observe holidays on the actual holiday (not the observed ' The proposed language is subject to review and approval by the City Attorney's Office City of Santa Clara
2025 CITY OF SANTA CLARA - IBEW LOCAL 1245 (UNIT 3) NEGOTIATIONS CITY and Unit 3 Negotiations - Contracting Out
Proposed Language: 1
NEW CONTRACTING OUT
It is recognized that the City has the right to use outside contractors. In exercising this right, the City shall not use outside contractors if the contract results in the elimination of a position filled by an IBEW bargaining unit employee. Prior to scheduling outside contractors for work that can be performed by an IBEW bargaining unit employee, the City shall offer pre-planned overtime to BEW bargaining unit employees on a voluntary basis to determine if sufficient employees volunteer for the specific assignment (e.g.. a full crew).
Further, the City shall endeavor to maintain an active hire eligibility list or, in the absence of such a list, post a recruitment for vacant Electrician and Journey Lineworker IBEW- represented positions within 30 working days of a position being vacated. 1 The proposed language is subject to review and approval by the City Attorney's Office City of Santa Clara
2025 CITY OF SANTA CLARA - IBEW LOCAL 1245 (UNIT 3) NEGOTIATIONS City and Unit 3 Negotiations - Footwear, Safety Clothing and Tools Proposed Language:'
25. FOOTWEAR, SAFETY CLOTHING AND TOOLS
For Fiscal Year 2025-26, Represented employees who are required to wear special work boots (or shoes) will be reimbursed an amount not to exceed $280 each fiscal year toward the purchase or repair of the work boots (or shoes), orthotic shoe inserts, or safety Effective Fiscal Year 2026-2027, employees shall receive a flat dollar lump sum (non-pensionable) amount of S500 each fiscal year (to be paid on the paycheck associated with the first full pay period after July 1st).
Employees who are required to wear special work boots (or shoes) are subject to disciplinary action if they do not have them available at the work site. Safety clothing shall be limited to overalls/coveralls, jackets, vests and long sleeved shirts. All clothing worn on the job, whether reimbursed or not, must be in compliance with State of California Regulations.
Tools will be provided or replaced for employees in accordance with the Department Tool Replacement & Responsibility Policy.
An employee must be employed in a classification assigned to the bargaining unit at the time of the disbursement of the flat dollar lump sum (non-pensionable) amount of $500.
However, employees promoted or hired into the bargaining unit before December 31 will receive the flat dollar lump sum (non-pensionable) amount of $500 and employees promoted or hired into the bargaining unit after December 31 will receive the flat dollar lump sum (non-pensionable) amount of $250 for that fiscal year. ' The proposed language is subject to review and approval by the City Attorney's Office City of Santa Clara
•
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SANTA CLARA
AND
IBEW LOCAL 1245 (UNIT 3)
ELECTRICAL ESTIMATOR (437) AND SENIOR ELECTRICAL ESTIMATOR (726)
CLASSIFICATIONS
The City and Unit 3 agree to continue to meet regarding the Electrical Estimator (Job Code 437) and Senior Electrical Estimator (Job Code 726) classifications, including but not limited to career path and schedules.
Letter Agreement is considered part of the tentative agreement for a successor Memorandum of Understanding (or "MOU") between the parties, and shall become effective only as part of the overall tentative agreement for a successor MOU, and when signed by all parties below and approved by City Council.
FOR THE CITY: FOR UNIT 3:
Charles Sakai Date Sheila Lawton Date
Lead Negotiator Lead Negotiator
Marco Mercado Date Leon Alcantar Date
Acting Director of Human Resources IBEW Local 1245 (Unit 3)