MEMORANDUM OF UNDERSTANDING - Los Angeles

1 MEMORANDUM OF UNDERSTANDING FOR JOINT SUBMISSION TO THE CITY COUNCIL REGARDING THE BUILDING TRADES RANK AND FILE REPRESENTATION UNIT (MOU #2) THIS MEMORANDUM OF UNDERSTANDING (hereinafter - MOU ) made and entered into this 4th day of December, 2015 BY AND BETWEEN THE CITY OF LOS Angeles AND THE LOS Angeles /ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO (hereinafter Union ) July 1, 2015 June 30, 2018 i TABLE OF CONTENTS PAGE GENERAL PROVISIONS Recognition 1 Implementation of MEMORANDUM of UNDERSTANDING 1 Obligation to Support 2 Full UNDERSTANDING 2 Term 2 Calendar for Successor MEMORANDUM of UNDERSTANDING 3 City-Union Relationship 3 Management Rights 4 Inclusion of New Classes 5 Provisions of Law and Separability 5 UNION/EMPLOYEE RELATIONS Union/Employee Relations 6 Bulletin Boards 6 Employment Opportunities 7 Actions by Employee Relations Board (ERB)

2 7 Use of City Facilities 7 Work Access 7 Employee Relations 8 Agency Shop Fees Payroll Dues Deduction 8 Job Security 12 Contracting of Unit Work 12 Revision of Class Specifications 14 Unit Representatives 14 Definition of Emergency 15 Apprenticeships 15 GRIEVANCES Grievance Procedures 16 Union Stewards 22 ON THE JOB Safety 23 Personnel Folders 24 Performance Evaluations 24 ii TABLE OF CONTENTS PAGE ON THE JOB (continued) Reimbursement for Lost or Stolen Tools 25 License Fees 25 Tool and Clothing Allowance 26 Rest Periods 26 WORK SCHEDULES Work Schedule 26 Police Department Deployment Period 27 COMPENSATION Salaries 28 Overtime 29 Jury Service 30 Subpoenaed Witness Compensation 31 Standby Pay 31 Mileage 33 Premium Pay Notes 33 Call Back Pay 34 Acting Pay Assignments 35 Lead Assignment Pay 36 Disturbance Calls 36 BENEFITS Health and

3 Dental Plans 37 Retirement Benefits 41 Employee Benefits 43 Sick Leave Allowance 44 Family and Medical Leave 44 Personal Leave 51 Holidays and Holiday Pay 51 Vacation 54 Bereavement Leave 55 Workers Compensation 56 Shift Differential 56 Military Leave 56 iii TABLE OF CONTENTS PAGE BENEFITS (continued) Religious Observance 57 Family Illness 57 APPENDICES Appendix A Salaries as of July 1, 2015 Appendix B Salaries as of December 13, 2015 Appendix C Salaries as of June 25, 2017 Appendix D Salaries as of January 7, 2018 Appendix E Apprenticeship Program Committee Appendix F Salary Notes Appendix G LADOT Loop Crew Bonus 1 ARTICLE GENERAL PROVISIONS ARTICLE RECOGNITION On April 27, 1973, the Employee Relations Board (hereinafter "ERB")

4 Certified the Los Angeles /Orange Counties Building and Construction Trades Council, AFL-CIO, as the majority representative of employees in the Building Trades Rank and File Representation Unit ( Unit ). Accordingly, Management recognizes the Los Angeles /Orange Counties Building and Construction Trades Council, AFL-CIO (Union), as the exclusive representative of the employees in said Unit. This MOU is entered into by and between the City of Los Angeles , through its authorized management representative, the City Administrative Officer, on behalf of the Heads of Departments, Offices, or Bureaus represented herein (hereinafter Management ) and the authorized representatives of the Los Angeles /Orange Counties Building and Construction Trades Council, AFL-IO, (hereinafter Union ).

5 The term "employee(s)" as used herein, shall refer only to an individual in the classification(s) listed in the Appendices, as well as any classifications that may be added to the Unit by the ERB during the term of this MOU. The term "Union Credentialed Representative" means a full-time Union staff representative designated by the Union to represent employees in this Unit. Upon written notification from the CAO to the Controller, this MOU shall be amended to incorporate the classification and salary of any classification accreted to this bargaining unit after the adoption of the MOU.

6 ARTICLE IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING This MOU constitutes a joint recommendation of Management and the Union. It shall not be binding in whole or in part on the parties hereto unless and until: A. The Union has notified the City Administrative Officer (hereinafter - CAO ) in writing that it has approved this MOU in its entirety; B. The determining bodies have approved this MOU in its entirety in the manner required by law and the heads of those departments, offices, or bureaus represented herein have acknowledged the approval and have taken any - such other actions required to fully implement the provisions of this MOU; and, C.

7 The Los Angeles City Council (hereinafter City Council ) has approved this MOU in its entirety. 2 Articles of this MOU that require resolutions, ordinances, or amendments to applicable codes by City Council will become operative on the effective date of said resolutions, ordinances, or amendments, unless otherwise specified. ARTICLE OBLIGATION TO SUPPORT The Union and Management agree that during the period this MOU is being considered by the Mayor, City Council, Council Committees, or the heads of those departments, offices or bureaus who are parties hereto, neither Management, the Union, nor their authorized representatives will meet or communicate with any of the foregoing public officials to advocate any addition, deletion or other change to the terms and conditions of this MOU.

8 However, this Article shall neither preclude Management, the Union nor any of their authorized representatives from communicating with said public officials to advocate the adoption of this MOU. ARTICLE FULL UNDERSTANDING A. This MOU sets forth the full and entire UNDERSTANDING of the parties regarding the matters set forth herein, and any other prior or existing understandings or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

9 B. The parties mutually understand and agree that this MOU may not be opened at any time during its term for any reason, except as specifically provided for herein or by mutual consent of the parties - to meet and confer in good faith sessions for the purpose of altering, waiving, modifying, or otherwise amending this MOU. Notwithstanding the foregoing: C. No alteration, variation, waiver, modification or amendment of any of the articles, terms, or provisions contained herein requiring approval of the City Council, shall in any manner be binding upon the Union or Management unless and until jointly recommended in writing to the City Council, and approved and implemented in accordance with the Implementation of MEMORANDUM of UNDERSTANDING article in this MOU.

10 D. The waiver of any breach, term or condition - by any party to this MOU shall not constitute a precedent in the future enforcement of all its articles, terms and provisions. ARTICLE TERM The term of this MOU shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article , Implementation of MEMORANDUM of 3 UNDERSTANDING are fully met but in no event shall this MOU become effective prior to 12:01 on July 1, 2015. This MOU shall expire and otherwise be fully terminated at 11:59 on June 30, 2018.