Attachment A; 2024-2026 Unit 1 (LIUNA) MOU.pdf

City of Phoenix — Formal (2024-05-01)

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MEMORANDUM OF UNDERSTANDING

2024 – 2026

BETWEEN

LABORERS' INTERNATIONAL UNION

OF NORTH AMERICA,

LOCAL 777, AFL-CIO

AND

CITY OF PHOENIX

REPRESENTING FIELD UNIT I EMPLOYEES

ATTACHMENT A

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TABLE OF CONTENTS
ARTICLE 1: RIGHTS ................................................................................................................................ 5
Section 1-1. Purpose ............................................................................................................................. 5
Section 1-2. Recognition ...................................................................................................................... 5
Section 1-3. City and Department Rights ........................................................................................... 6
Section 1-4: Union Rights ..................................................................................................................... 6
Section 1-5. Rights of Unit Employees ............................................................................................. 14
Section 1-6. Prohibition of Strikes and Lockouts ............................................................................. 21
Section 1-7. New Positions / Classifications .................................................................................... 21
ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT ....................................... 23
Section 2-1. Grievance Procedure .................................................................................................... 23
Section 2-2. Labor-Management Committee ................................................................................... 27
Section 2-3. Bargaining Unit Work .................................................................................................... 27
Section 2-4. Health and Safety Committee ...................................................................................... 28
Section 2-5. Public Outreach & Public/Employee Safety Cross Training .................................... 29
Section 2-6. Laborers’ Apprenticeship Projects .............................................................................. 30
ARTICLE 3: COMPENSATION / WAGES .......................................................................................... 31
Section 3-1. Wages .............................................................................................................................. 31
Section 3-2. Productivity Enhancement Pay ................................................................................... 32
Section 3-3. Overtime .......................................................................................................................... 34
Section 3-4. Call-Out Pay ................................................................................................................... 36
Section 3-5. Out-Of-Class Pay ........................................................................................................... 36
Section 3-6. Pesticide Applicator Differential ................................................................................... 37
Section 3-7. Shift Differential Pay ...................................................................................................... 37
Section 3-8. Weekend Shift Differential Pay .................................................................................... 38
Section 3-9. Stand-By Pay .................................................................................................................. 38
Section 3-10. Show-Up Time ............................................................................................................. 38
Section 3-11. Jury Duty Pay ............................................................................................................... 39
Section 3-12. Deferred Compensation Program ............................................................................. 40
Section 3-13. Sick Leave Conversion at Retirement ...................................................................... 40
ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS ......................................................... 41
Section 4-1. Hours of Work ................................................................................................................. 41
Section 4-2. Rest and Lunch Periods................................................................................................ 42
Section 4-3. Clean-Up Time ............................................................................................................... 43
Section 4-4. Seniority ........................................................................................................................... 43
Section 4-5. Transfer Program ........................................................................................................... 44
Section 4-6. CDL Renewal ................................................................................................................. 44
ARTICLE 5: BENEFITS .......................................................................................................................... 44
Section 5-1: Employee Assistance .................................................................................................... 44
Section 5-2: Health and Dental Insurance........................................................................................ 45

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Section 5-3: Life Insurance ................................................................................................................. 46
Section 5-4. Long Term Disability Insurance ................................................................................... 46
Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave Donations ............................... 47
Section 5-6. Tuition Reimbursement ................................................................................................. 50
ARTICLE 6: MISCELLANEOUS ........................................................................................................... 51
Section 6-1. Saving Clause ................................................................................................................ 51
Section 6-2. Copies of MOU ............................................................................................................... 51
Section 6-3. Aid to Construction of Provisions of MOU .................................................................. 51
Section 6-4. Part-Time Employees .................................................................................................... 52
Section 6-5. Term and Effect of MOU ............................................................................................... 52

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PREAMBLE
Whereas the well-being and morale of employees of the City are benefited by providing
employees an opportunity to participate in the formulation of policies and practices
affecting the wages, hours and working conditions of their employment; and
Whereas the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter “Memorandum”) are not intended to abrogate the authority
and responsibility of City government provided for under the statutes of the State of
Arizona or the charter or ordinances of the City except as expressly and lawfully modified
herein; and
Whereas the parties agree that the Phoenix Employment Relations Board (PERB) unit
certification reflects that there exists a clear and identifiable community of interest among
employees covered by this Memorandum; and
Whereas the parties, through their designated representatives, met and conferred in good
faith pursuant to the Meet and Confer Ordinance in order to reach agreement concerning
wages, hours, and working conditions of employees in Field Unit I; and
Whereas it is understood by the parties that any hours or fractions of hours spent outside
the employee's work shift in pursuit of rights and benefits provided by this Memorandum,
shall not be counted as hours or time worked for the purpose of calculating and paying
overtime;
Now therefore, the City of Phoenix, hereinafter referred to as the "City" and Laborers’
International Union of North America, Local 777, AFL-CIO, hereinafter referred to as the
"Union", having reached this complete agreement concerning wages, hours and working
conditions for the term specified, the parties submit this Memorandum to the City Council
of the City of Phoenix with their joint recommendation that the body resolve to adopt its
terms.

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ARTICLE 1: RIGHTS

Section 1-1. Purpose

It is the purpose of this Memorandum of Understanding (hereinafter "MOU") to continue
and maintain harmonious relations, cooperation and understanding between the City and
its employees; and to set forth the full and entire understanding of the parties reached as
a result of good faith meeting and conferring regarding wages, hours, terms and
conditions of employment of the employees covered hereby, which understanding the
parties intend jointly to submit and recommend for approval and implementation to the
Mayor and City Council.

Section 1-2. Recognition

The City of Phoenix recognizes Laborers’ International Union of North America, Local
777, AFL-CIO, (hereinafter "Union") as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance for all regular employees in positions as
certified or hereafter certified by the Phoenix Employment Relations Board (PERB) as
constituting Field Unit I. This includes the following positions in Unit I:

All regular full-time and part-time field employees employed by the following City of
Phoenix Departments: (1) City Clerk – Mail Room, (2) Human Services – Laborers, (3)
Parks & Recreation – Division Operations, Sports and Turf Management, Specialized
Maintenance, and Aquatics Division, (4) Public Works – Solid Waste Collections and
Disposal Divisions, Landfill Operations and Transfer Stations, and (5) Street
Transportation – Street Maintenance Division, Sign Manufacturing, Street Marking and
Parking Meter Sections.
Whenever any words used herein in the masculine, feminine or neuter, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
The City will notify the Union, in writing, 30 calendar days in advance before any new
position or classification is placed permanently within Unit 1. The parties agree to consult
on the inclusion or exclusion of new classification(s) in Unit I and will thereafter refer any
such matter to PERB for appropriate action.
If any conflict exists between the language in the Administrative Regulations or
employment/department rule and the language of this MOU, the MOU shall prevail.

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Section 1-3. City and Department Rights

A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the sole and exclusive right to operate, administer and manage its municipal
services and work force performing those services in all respects except as expressly
modified by this MOU.

B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not officially and expressly modified by specific
provisions of this MOU, and such decision making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.

C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations, consistent with law and the specific provisions of
this MOU to direct its employees, to take disciplinary action for just cause, to relieve
its employees from duty because of lack of work or for other legitimate reasons
(examples include, but are not limited to, At-Home Administrative Work
Assignments, pending return-to work drug test, non-paid leave status, etc.), to
determine the methods, means and personnel by which the City's services are to be
provided, including the right to schedule and assign work and overtime, and to
otherwise act in the interest of efficient service to the community. Nothing herein shall
be construed to diminish the rights of the City under the Meet and Confer Ordinance.

Section 1-4: Union Rights

A. No employee shall suffer reprisal for the exercise of rights granted by this MOU.

B. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and LIUNA Local 777 have negotiated
full-time release positions, and release hours, as an efficient and readily available
point of contact for addressing labor-management concerns. Examples of work
performed by the release positions in support of the City include ensuring
representation for unit employees during administrative investigations and

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grievance/disciplinary
appeal
meetings
with
management;
participating
in
collaborative labor-management initiatives that benefit the City and the unit
employees; serving on City and departmental task forces and committees; facilitating
effective communication between City and Department management and unit
employees; assisting unit employees in understanding and following work rules; and
administering the provisions of the Memorandum of Understanding. The cost to the
City for these release positions, including all benefits, has been charged as part of the
total compensation contained in this agreement in lieu of wages and benefits.

1. Full-Time Release Positions

Three (3) persons designated as official full-time release Union representative for
the unit shall be allowed up to 2,080 work hours for each representative per MOU
year to engage in lawful Union activities pursuant to and consistent with this MOU.
The full-time release positions agree to be bound by all City rules and regulations.
Time used for this purpose in excess of 2,080 hours for each representative shall
be at the expense of the Union and the Union shall reimburse the City at the
employee's hourly rate of pay. The City will pay the employee's full-time fringe
benefits.

The Union shall notify Labor Relations and the appropriate Human Resources
Liaison 5 working days in advance when requesting release time for the above
official designated Union representatives.

The Union will submit quarterly reports to the Labor Relations Division documenting
the regular work schedules of the release positions and any leave used during the
quarter.

Upon return from full-time release, the official Union representative shall be
reinstated to their original location/yard and schedule. If the previous location is no
longer available, then the employee will have their choice of location/yard and
schedule based on availability and operational need as determined by the
department. Once at the location/yard the employee will, if applicable, receive an
available assignment of route, truck and partner. They will then have an opportunity
to participate in the next future transfer process in accordance with the department’s
transfer policy. In addition, any approved leave time the employee had scheduled
prior to their return to their department shall be honored by the department.

The City will provide 3 parking cards to the Union.

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2. Union Stewards

The Union may designate 45 Union members as stewards and shall notify the Labor
Relations Administrator of such designations. There shall be no obligation on the
City to change or adjust normal departmental scheduling or assignments of
personnel as a result of such designations. Such designations shall be made from
amongst Union members regularly working at the job sites within the proximate
geographic area where they are intended to provide representation. The Union shall
endeavor to be equitable in the distribution of its stewards.

a) One such representative from the Grievant’s home department may, after the
Grievant and the supervisor were unable to resolve the matter informally (Article
2, Section 2-1-A), when the Union is designated by a Grievant as his
representative, attend mutually scheduled grievance meetings and hearings
with department representatives without loss of pay or benefits. Paid release
time used for any other purpose, such as gathering information, interviewing the
grievant or witnesses, or preparing a presentation shall be charged against the
bank of Union release hours (Section 1-4 D).

b) City employees who are on duty and are, either witnesses, charging parties,
appellants or grievants and the shop steward representing any such employee
from the employee’s home department, may attend grievance, Civil Service,
Phoenix Employment Relations Board (P.E.R.B.) and department Accident
Review Board meetings on City time provided 1) it is for their particular case
which is either scheduled or on the public meeting agenda for that date and time
and 2) Once a witness testimony has been concluded, or if a grievant, charging
party or appellant once that agenda item has been completed or the grievance
meeting concluded, unless they have made other arrangements in advance with
their immediate supervisors approval, they will promptly return to work.
Management reserves the right to restrict the number of witnesses who can be
off of the job at any one time but will cooperate in rotating witnesses from the
workplace so as to minimize the impact to operations and service to the public.
For group grievances the group will be allowed to select no more than two non-
witness grievant representatives to attend the proceeding. These do not have
to be the same group grievant representative for each step or meeting of the
entire proceeding. As a matter of courtesy, employees will give management as
much notice as possible.

c) Union designated representatives shall be admitted to the buildings and
grounds of the City for the purpose of assisting in the adjustment of grievances

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and other official Union business, so long as such will not, in any manner,
interfere with any work operation or the safety and security of any work site.
Such representative will check in with the supervisor involved and will be
required to conform with the operational and safety regulations and procedures
as directed by the supervisor.

3. Bank of Union Release Hours

The Union will be allowed, subject to operational and scheduling factors and 4
working days advance request in each instance, a unit total of 4,287.25 hours paid
release time in a bank of release hours per M.O.U. year. Requests for release time
shall be submitted to the Labor Relations Administrator and approval of release
time hereunder shall not be arbitrarily withheld. The cost to the City for these
release hours, including fringe, has been charged as part of the total compensation
contained in this agreement in lieu of wages and benefits. Examples of how these
hours are used by the Union include:

•
For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations.
•
For stewards to provide representation when a steward from the employee’s
home department or a full-time release employee is unavailable.
•
For a second representative to attend a grievance or investigative meeting.
•
For authorized representatives to attend Union conferences, meetings,
seminars, training classes and workshops so that representatives better
understand issues such as City policies and practices, conflict resolution, labor-
management partnerships, and methods of effective representation.
•
For authorized representatives to research and prepare for grievance meetings
and disciplinary hearings.
•
For authorized representatives to educate and communicate with unit
employees in support of City policies and programs, and participate in City
partnerships.

Only one representative may be released from the same work group at the same
time. No representative will be permitted to use more than 420 hours of release
time from the bank of hours in any one MOU year.

Any hours used in excess of the bank of Union release hours must be approved by
the Labor Relations Administrator and the LIUNA Local 777 Lead Business
Manager. The number of hours used in excess of the allowable Union release hours at
the end of the contract term will be deducted from the Union release hours available for the

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following year. A surplus of hours will be carried over into the next year to a maximum total
Union release of 7500 hours.

a) The Union shall be allowed up to $20,000 per MOU year to be used towards
LIUNA Local 777-City of Phoenix Apprenticeship Programs to purchase training
materials, uniforms, promotional outreach materials, instructional activities such
as schools and workshops, and any other activity approved by the Human
Resources Director or his/her designee for Unit employees approved to
participate in the Apprenticeship Programs. These monies are to be paid to the
Union in one lump sum in the first pay period of each MOU year. The Union will
document the nature of the expenditures made for each Unit employee
approved to participate in the Apprenticeship Programs. The City Auditor
Department may conduct an audit of the funds designated for the
Apprenticeship Programs periodically. Any payments not adequately supported
by the documentation of expenses, or payments made for activities outside the
scope of this agreement, will be returned to the City by the Union.

At the end of each fiscal year, any money not expended on the Apprenticeship
Programs will be carried over to the next year for continued use in these
programs. The funds set aside for the Apprenticeship Programs will not exceed
$30,000 and the City and the Union will discuss appropriate measures to ensure
the Union receives the appropriate economic value.

b) In recognition of the mutual benefit provided to the City and the Union by the
full-time release positions, the City agrees to pay the Lead Business Agent of
the Unit 208 overtime hours each MOU year. The two full time Union
Representatives will be paid 80 hours overtime each MOU year. The Union
will submit a written request to redeem the hours to the Labor Relations
Division no later than July 1 of each MOU year for remittance with the
second paycheck in August.

The Union agrees to reimburse the City of Phoenix for the equivalent salary
costs plus fringe benefits on or before the last day of July each MOU year.

C. Unit employees may be authorized in advance in writing to engage in lawful Union
related activities during City work hours on a non-paid basis by the City Manager or
his designee in his unrestricted discretion consistent with this MOU.

D. There shall be no use of official time for unit-related activities except as has been
expressly authorized under this MOU. The City reserves the right to deny approval of

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request for use of official time for activities not expressly authorized under this MOU.
The City shall not arbitrarily deny requests for use of official time for union activities.

E. Payroll Deductions

1) The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union membership dues as certified by an
authorized official of the Union and regular periodic Union sponsored insurance
benefits pursuant to the City's deduction authorization form duly completed and
signed by the employee and transmit such deductions monthly to the Union no later
than the 14th day following the end of the pay period in which the deduction occurs,
along with an alphabetical list of all employees for whom deductions have been
made. Such deductions shall be made only when the Union member's earnings for
a pay period are sufficient after other legally required deductions are made.
Authorization for membership dues deductions herein shall remain in effect during
the term hereof unless revoked by the employee. Revocation of deductions shall
be accepted by the City only during the first week of July or January to be effective
the following payroll period. The City will notify the Union of any revocations
submitted to it, consistent with the PERB Ordinance Section 2-214.

If it is determined by a final decision by a court of competent jurisdiction that “Fair
Share” does not violate Arizona State law or the Arizona State Constitution, the
Union and City shall open up this contract to bargain in good faith over the “Fair
Share” issue.

2) The City shall not make dues deductions for unit employees on behalf of any other
employee organization as defined in the Meet and Confer Ordinance, during the
term of this MOU.

3) The City assumes no liability on account of any actions taken pursuant to this
section. The City shall, however, as promptly as technically possible, implement
changes brought to its attention. The City shall, at the written request of the Union
during the term of this agreement, make changes in the amount of deduction
hereunder for the general membership, provided cost for implementing such
changes shall be reimbursed by the Union. This charge shall not apply to
submission of new individual authorization cards or revocations or individual status
changes.

F. Facilities and Services

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1) Union Materials
The Union may distribute material which is not abusive of any person or
organization, which does not violate Administrative Regulation (A.R.) 2.16, and
which is not disruptive of the City’s operation. Materials may be posted or
distributed on the City's premises (buildings and grounds) before and after
scheduled working hours or in non-work areas during scheduled work hours
provided both the employee distributing and the employee receiving such material
are on their own time.

2) Bulletin Boards
The City shall provide the Union with bulletin board space for its sole and exclusive
use in communicating with its members at mutually agreeable locations. All bulletin
boards will be kept updated with material that is current and up to date.

3) New Employee Orientation (NEO)
The Union shall have the right to meet with new unit employees for the purpose of
informing each such employee of the Union and of that employee's right to have
Union dues deducted from his/her pay warrant. The Human Resources Department
will notify the Union when orientation sessions involving new unit employees are
scheduled.

Such opportunity shall be afforded the Union during the new employee orientation
(NEO) sessions conducted by the Human Resources Department, Public Works
Department Orientation Program (PWOP), and Parks & Recreation Department
New Employee Orientation (Parks & Recreation NEO), Streets Transportation
Department New Employee Orientation (Streets Transportation NEO), Aviation
Department New Employee Orientation (Aviation NEO).

The speaker cannot be defamatory against the City or specific departments or
individuals.

G. List of Unit Employees

Upon the Union’s filing of a Third-Party Data Sharing agreement with the HR
Department, the City shall provide electronically, at no cost, a list of unit employees
which includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service
Date, Dept ID, Department, Job Title, Job Locator Code, Mailing Address, City, State,
Zip, Home Phone, Work Phone, active Union deduction, and a monthly list of
employees added that month to Unit 1.

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Any and all information furnished by the City shall be used by the Union solely for the
purpose of communicating with unit employees, other legitimate union purposes, and
shall not be shared with any other individual or organization.

H. Information Requests
Upon written request from the Union, the City will provide specific information from an
employee’s personnel files pertinent to a written grievance, arbitration case or civil
service appeal. The City will also provide all pertinent collective bargaining information
requested by the Union. The information will be supplied to the Union at no charge.

I. Interview Panel
In accordance with the City’s selection and interview process guidelines and at
management’s request, Union Designated Employees will participate in City Selection
processes.

J. Labor Management
For a unit employee whose regular shift is other than day shift, there will be flexibility
in changing his, her or their normal work hours for the purposes of attending official
Labor-Management meetings called by or with the concurrence of the Department
Head or designee. There shall be a 48-hour notice to the affected Department to
ensure proper coverage.

K. City Email

The City shall send union-requested communication using the City Email System
using the following procedures:

Processing Guidelines

•
Requests for email distribution must be submitted by the LIUNA Local 777
Business Manager or their designee from the labor group to the Labor Relations
email address (labor.relations@phoenix.gov).
•
Labor Relations will review the email content to ensure compliance with the
guidelines noted below.
•
Labor Relations will distribute compliant emails to unit members within 5 business
days.
•
A limit of one email per month, per labor group will be distributed. Exceptions will
be reviewed by Labor Relations.
•
Emails will only be distributed to the corresponding unit members.
•
Emails will be sent to unit members via blind copy.

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•
The standard City notice not to reply will be included on all emails.

Email Content Guidelines

The following is a list of acceptable types of communication. This is not an all-inclusive
list:

•
Labor benefit fairs/ meet-and-greets.
•
Union Open House's.
•
City program/policy changes.
•
Open Enrollment.
•
Promoting City/union-sponsored training, committees, safety programs or
initiatives.
•
City/union/association-sponsored charitable events or community projects.

Other Guidelines/Information

•
Communication cannot violate City policies.
•
Communication cannot reflect negatively on the City organization, City staff,
elected officials, or residents.
•
Communication cannot negatively Impact our residents' perception of the City.
•
All distributed emails are subject to the City's public records policy (reference AR
1.60, Public Records Request Processing).
•
Changes may be made to these procedures at any time.
•
Changes will be communicated with labor groups prior to implementation.

Section 1-5. Rights of Unit Employees

A. Non-Discrimination

All unit employees have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in the
Union.

B. Grievance Representation

All unit employees have the right to present their own grievance, in person or by legal
counsel in accordance with Article 2, Section 2-1. A copy of all MOU grievances, filed

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by anyone other than a designated official Union representative, shall be sent to the
Union office. There shall be no cost incurred to the Union.

C. Disciplinary Investigations / NOI Representation

A. Unit employees have the right to be represented by the union and the union
reserves the right to provide representation to its members in dealings with the City
concerning grievances, and matters pertaining to their individual employment
rights and obligations, and during an investigatory interview concerning allegations
focused on the employee which may result in disciplinary action.

B. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with an employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they
have a reasonable belief that discipline (a written reprimand or higher) could result.
Should information be made during a conversation to attempt to resolve an issue
that could result in discipline, the supervisor will immediately stop the meeting and
utilize an investigatory process as outlined below. Any interview becomes
investigatory when facts or evidence sought by the City may result in a disciplinary
action.

C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions. In either case, a Notice of
Inquiry (NOI) form will be used. The intent of the NOI is to clearly put employees
on notice that they are under investigation that could result in discipline, inform
them of the nature of the allegations against them, and inform them of their right
to representation.

Time limit for investigations

D. If the City elects to issue written questions to the employee, the following shall
apply:
I. If an NOI is being issued and there is no active questioning, representation is
not required. Employees may bring a representative if they desire, however
there will be no discussion during the issuance of the NOI.
II. The employee will have 72-hours excluding holidays and N-days to respond in
writing and provide any other material requested. This deadline may be
extended by mutual agreement if there are extenuating circumstances.

E. If the City elects to conduct an investigatory interview, the following shall apply:

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I. Prior to the employee being interviewed, the unit employee shall be advised of
their right to a representative.

A. Prior to the employee being interviewed, the employee shall be advised of
their right to a representative and given up to 48 hours to secure
representation. The 48-hour time period may not apply in emergency
situations.
B. A unit employee identified solely as a witness will not be prevented from
contacting the union on their own time to consult with a union representative
prior to their interview.

II. The NOI form will be issued at the meeting.

III. The union representative may assist and consult with the employee, attempt to
clarify the facts or questions asked, and suggest other employees or witnesses
who may have knowledge of the underlying issues. The union representative
cannot speak on behalf of the employee or impede the progress of the
interview.

IV. The member or representative may ask for a caucus during the meeting.
Caucuses will be granted for a reasonable timeframe. At any time either party
requests a caucus the party shall inform the other party of an estimate of what
time they shall return.

V. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be
allowed to seek advice from their representative in caucus during the interview.
A caucus will not be permitted when a question is pending. The employee will
be given the opportunity to clarify their answer after the caucus

VI. Neither party will behave in a violent, verbally abusive, insulting, or demeaning
manner toward the interviewer.

VII. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement for no more than 5 minutes.

VIII. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement.
Additional time may be granted at the sole discretion of the department and will
not be withheld arbitrarily.

IX. The employee will be provided with a copy of the interview notes and given 72
hours to confirm their answers and provide any additional information.

F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:

I. The employee will be instructed not to speak to anyone regarding an
investigation. This restriction does not apply to the union, the union’s attorney,
the employee’s family, the employee’s attorney, the employee’s clergy, the
investigator, or chain-of-command.

II. The employee will be advised if the inquiry is supervisor initiated or the result
of a citizen complaint, employee/co-worker complaint, or other.

III. The member shall also be informed of the Garrity protections afforded to public
employees who may also be under criminal investigation or whose actions
meet the elements of a crime [Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct.
616 (1967)].

IV. A unit member shall receive a copy of any statement that they are asked to
sign.

V. Every 60 days, a unit employee under investigation may request a status
update. At management’s discretion, the status will be provided either verbally
or in writing.

G. Misc.

No investigatory documentation, such as the NOI or witness statements shall be
kept in the Personnel or Supervisory Files after the investigation is concluded.

H. Unit employees will be permitted to apply and/or compete in a transfer process
while in a pending investigation. The transfer process will not be delayed pending
the conclusion of the related investigation.

I. An employee who receives a written reprimand or suspension may request a copy
of the information upon which the written reprimand or suspension was based,
pertaining to what was specifically cited in the discipline at no cost to the employee.

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J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the employee's work shift in pursuit of benefits
provided by this Article unless otherwise specified in this MOU. The employer shall
count as time worked any hours or fractions of hours spent within the employee's
regular work shift in pursuit of benefits provided by this Article.

D. Personnel Files

1) Any unit employee covered hereunder shall, at their request and by appointment,
be permitted to examine their personnel files in the presence of an appropriate
supervisory official of the Department and/or authorize a Union representative to
obtain copies of documents in their personnel files. Said files shall be in a location
as specified below, one per location. These include the main Human Resources
Department file, the department personnel file, and the official department office
personnel file contained at the district or yard office.

2) No unit employee shall have any adverse statements entered in to their personnel
file without having a discussion about the action.

3) Unit employee may, at their discretion, attach no more than a 1-page rebuttal
statement to any material contained in their personnel file which may be of a
derogatory nature within 14 business days.

E. Fair & Impartial Treatment

All unit employees have the right to be treated equally and in a manner, which is fair
and impartial in any matter associated with the rights of unit employees under the
terms of this MOU.

F. Coaching / Supervisory Counseling

A coaching is a verbal discussion with an employee. A coaching is not to be
considered a first offense for purposes of progressive discipline. A written record of a
coaching may be placed in the supervisor’s files for both positive and negative
incidences. A coaching is to be one-on-one. When 2 or more supervisors are present
at the coaching, the employee shall be advised of their right to representation. An
employee may receive more than 1 coaching for a similar matter.

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A supervisory counseling is a warning that the supervisor shall document in memo
form. A supervisory counseling is not discipline. They are to be used to determine only
notice to the employee. If a supervisory counseling is to be used in any disciplinary or
personnel action or any performance rating, the employee will be given the
supervisory counseling in memo form, that identifies the behavior requiring
improvement, the reason for the improvement, and the consequences of continuing
the unacceptable behavior. The memo will contain a line for the employee’s signature
and an above the line statement of “The employee shall date and sign the supervisory
counseling, not as an indication of agreement, but solely as evidence of being advised
of its existence.” The employee will receive a copy of the memo.

Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee's return to employment, if applicable):

Sustained discipline of 40-hour suspension or greater of the following types:

•
The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.
•
The employee has solicited or taken for personal use a fee, gift or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
•
The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13-3102) at a City
worksite1, unless such employee is a police officer.
1(A worksite includes not only City buildings and property, but also City vehicles
and private vehicles while being used on City business, and other assigned
work locations).
•
The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
•
The employee has stolen or is in unauthorized possession of City property or
the property of another employee or citizen.
•
The employee is under the influence of alcohol or illegal drugs on the job.
•
The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies.
•
The employee committed a violation of the City's Ethics Policy.
•
The employee’s actions meet the elements of a felony.
•
The employee committed an act of dishonesty.

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The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
remove/inactivate eligible documents based on the below criteria by contacting the
department Human Resources Officer. Official records may only be inactivated and
not removed per records retention law, and members/employees will receive
confirmation once the requested record is removed/inactivated.

Document
Supervisory File
Department File
(if applicable)
Personnel File
(OFFICIAL FILE)
Coaching’s/Supervisory
Counseling’s
Maintain original in
file.
Remove annually
provided no further
incidents.
Not maintained in
file.
Not maintained in
file.
Written Reprimands
Maintain copy in
file.
Remove annually
provided no further
incidents.
Maintain copy in
file.
Employee may
request to remove
after 3 years.
Maintain original in
file.
Employee may
request to
inactivate
after 3 years.
Suspensions
(other than below)
Maintain copy in
file.
Remove annually
provided no further
incidents.
Maintain copy in
file.
Employee may
request to remove
after 10 years.
Maintain original in
file.
Employee may
request to
inactivate
after 10 years.
Discipline under 21b2,
21b4, 21b5, 21b12,
21b13, 21b14, 21b15,
21b18, 21b19, 21b20.
Maintain copy in
file.
Cannot Remove
Maintain original in
file.
May not be
inactivated

G. Performance Evaluation

Although the terms “coaching” or “supervisory counseling” will not be used, the
employee’s behavior or performance which resulted in the “coaching” or “supervisory
counseling” can, along with any other behavior or performance, be discussed in the
performance evaluation.

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If an employee is not given their performance evaluation by the annual review date
and the performance evaluation is expected to be an overall “met,” the
employee’s merit increase shall be processed within 21 calendar days following the
above due date and be retroactive to the performance evaluation annual review date.

H. Departmental Policies

The City will notify employees and Unit 1 of new or revised written City or
Departmental policies affecting unit employees as soon after release as possible. The
City shall post on their bulletin boards any new policies and/or revisions in City or
written department policies and procedures affecting Unit I employees. Notice shall
remain posted for no less than 21 calendar days. Review of policy and procedure
revisions shall be included in employee group meetings when appropriate.

Nothing in this section shall absolve the City of its obligation to Meet and Confer
on mandatory subjects of bargaining.

Section 1-6. Prohibition of Strikes and Lockouts

A. The provisions of the Meet and Confer Ordinance are expressly incorporated herein.

B. The City nor its agents for any reason shall authorize, institute, aid or promote any
lockout of employees covered by this MOU.

Section 1-7. New Positions / Classifications

A. Classification and Compensation Studies

The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active positions
belonging to the Union. The Human Resources Department shall provide the Union
with an opportunity to meet with the person conducting the study prior to preparation
of any report or recommendations. The City shall notify the affected Union of the
results and recommendations resulting from any study 30 calendar days prior to that
study being presented to the Human Resources Committee. It should be noted that
there is no guarantee, either expressed or implied that changes to a classification or
its grade and salary range will result from a study.

B. New Classifications

The parties agree to consult on the inclusion or exclusion of new classification(s) in
the bargaining unit and may thereafter refer any such matter, jointly or individually, to
the Phoenix Employment Relations Board (PERB) for appropriate action.

C. Position Management

The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.

D. Union Requested Job Classification Studies

The Union may submit written requests for job classification studies to the Human
Resources Department. Requests from the Union will be prioritized with other standing
requests.

1) All written requests for classification studies submitted by the Union shall include,
but not be limited to, the following information:

a) A full description of the new duties and responsibilities.
b) A full explanation of why the Union feels the position(s) should be reclassified.
c) A list of comparative positions/ classifications that led to the Union's request.
d) Such other information as is normally considered relevant to a classification
review.

2) The results of the audit of any classification study shall be subject to review by the
City's Personnel Committee in accordance with existing procedures.

3) The Union may submit a prioritized written request of classifications specific to the
unit that they wish to have studied. All written requests shall include a full
explanation of why the classification should be studied. This explanation shall
indicate whether the Union is requesting a full classification study (including job
levels and job architecture) or if the request is limited to a compensation review to
assess market competitiveness and grade and salary levels. At least one request
by the Union shall be completed by the Human Resources Department in order of
their ranking if the City Manager has authorized the HR Department to conduct
studies.

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ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT

Section 2-1. Grievance Procedure

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee’s work shift in pursuit of benefits provide
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee’s regular work shift in pursuit of benefits provided by this
Article.

A. Informal Resolution

1. As a matter of good labor-management relations the parties encourage unit
employees who believe that they have a bona fide grievance to discuss and attempt
to resolve it with their immediate non-unit supervisor.

2. If the above informal discussion is held and does not resolve the grievance, the
unit employee may file a formal grievance in accordance with the following procedure.

B. Definition of Grievance

1. A grievance is a written allegation by a unit employee, submitted as herein
specified, claiming violation(s) regarding the interpretation and/or application of the
specific express terms of this Memorandum for which there is no other specific and
formal method of review; and doesn’t have a fact pattern that has been presented to
and decided upon by the City Manager in a prior grievance. However, disputes
specifically excluded in other Articles of this Agreement from the Grievance and
Arbitration procedure shall not be construed as within the definition set forth above
and shall not be handled in accordance with this procedure. It is agreed that such
excluded disputes are not grievable or arbitrable under the terms of this Article or
under this contract.

2. The City continues to retain the format used for grievances, including forms,
technology, etc.

3. A grievance which does not meet the requirements set forth in this Article shall be
null and void, and will not be processed in accordance with this procedure.

C. Procedure

All grievances covered by this Article shall be handled exclusively in the following
manner:

A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
1. Step 1
The unit employee shall reduce the grievance to writing by signing and completing the
grievance form provided by the City and submit it to the division head, or designee,
within 14 calendar days of the initial commencement of the occurrence being grieved.
The division head, or designee, may investigate, further consider, and discuss the
grievance with the grievant and the grievant’s representative, if any, as deemed
appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. By mutual agreement,
the parties can agree to skip Step 1 and proceed to Step 2 of the grievance procedure.
2. Step 2
If the written response of the Step 1 does not result in a resolution of the grievance,
the grievant may appeal the grievance by signing and completing the City form and
presenting it to the department head, or designee within 14 calendar days of the
grievant’s receipt of the Step 1 response.
The department head, or designee, may further consider and discuss the grievance
with the grievant and the grievant’s representative, if any, as deemed appropriate, and
shall, within 14 calendar days of having received the written grievance, submit a
response thereto in writing to the grievant. By mutual agreement, the parties can agree
to skip Step 2 and proceed to Step 2.5 or Step 3 of the grievance procedure.
3. Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The
grievance, as originally written and Step 1 and Step 2 responses, must be submitted
to Labor Relations within 14 calendar days of receipt of the Step 2 response. Labor
Relations shall, within 14 calendar days of the receipt of the grievance, meet with the
department head, or designee, and the grievance and the grievant’s representative, if
any, in an attempt to resolve the grievance. Labor Relations shall then submit a written
response to all parties within 14 calendar days of the meeting.
4. Step 3

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a. If the written response of the Step 2 (or 2.5 if applicable) does not result in a
resolution of the grievance, the grievant may, within 14 calendar days of the Step
2 response, appeal the grievance by signing and completing the City form and
presenting it to Labor Relations. A Grievance Committee hearing will be scheduled
at which the grievant shall be afforded the opportunity to fully present their position
and to be represented.

The Grievance Committee shall be composed of:

Chairman – A member of the City Manager’s Office designated by the City
Manager.

Member – A City function head on a rotating schedule.

Member – An individual mutually agreed upon between the City Manager,
or his designee, and LIUNA Local 777.

The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and their designated
representative.

b. If the grievant so elects in writing within the above time limit, in lieu of such hearing
the grievance may be reviewed by an arbitrator. The parties, or their designated
representatives, shall agree on an arbitrator, and if they are unable to agree on an
arbitrator within a reasonable time, either party may request the Federal Mediation
and Conciliation Service to submit to them a list of 7 arbitrators who have had
experience in the public sector. The parties shall, within 7 calendar days of the
receipt of said list, select the arbitrator by alternately striking names from said list
until one name remains. Such person shall then become the arbitrator. The
arbitrator so selected shall hold a hearing as expeditiously as possible at a time
and place convenient to the parties, and shall be bound by the following:

i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering any
issue properly before him/her.

ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not so submitted to him/her.

iii. The arbitrator shall be bound by applicable State and City law.

iv. The cost of the arbitrator and any other mutually incurred costs shall be borne
equally by the parties.

The arbitrator shall submit findings and advisory recommendations to the City
Manager. The City Manager shall make the final determination of the grievance
and submit it in writing to the grievant and his designated representative.

D. Time Limits

Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.

E. Union Grievance

The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1-4 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.

F. Group Grievance

When more than one unit employee claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be filed
in the name of all such members. Such group grievances shall be filed at the Step of
this Procedure which provides the lowest level of common supervision having
authority over all named grievants. Relief is restricted to those named in the Group
Grievance.

G. Employer Grievances

Should they occur as a result of official Union activities or actions, including the failure
to act as required under the terms of this Memorandum, employer grievances will be
presented directly to the Union president or any officer of the Union within 14 days of
the occurrence prompting the grievance. The president, or designee, shall in each
case provide a written answer within 14 days from receipt of the grievance.
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3.

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H. Municipal Court
It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Step 2 that the designated "Department Head" is the
Executive Court Administrator, and the "City Manager's Office" or "City Manager" shall
mean the Presiding Judge, or his designee as provided in the procedure.

Section 2-2. Labor-Management Committee

The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.

A. There shall be a Labor-Management Committee consisting of the three Union
Authorized Representatives, one LIUNA staff member, and four representatives from
management that are agreed upon by the LIUNA staff member and the Assistant
Human Resources Director, or designee. The Labor-Management Committee shall
be facilitated by Labor Relations staff. The purpose of the Committee shall be to
facilitate improved relations, provide a forum for open and informal discussion, and
make recommendations for operational or other rules changes that are of mutual
benefit.

B. The Committee shall meet, at least once a month per MOU year, or more often by
mutual agreement, at mutually agreed upon times. The Committee will meet to discuss
matters to be of a mutual benefit including, but not limited to, methods of improving
the level of productivity when needed. The members shall, upon request for a meeting,
provide the Chairman with proposed agenda items and the Chairman shall provide
the members with the meeting agenda in advance of the meeting.

C. Any signed/dated written Labor/Management agreements with the signatures of the
parties and the Chairman will be binding on the parties for the remaining term of the
MOU.

D. If the representative of the Union is a unit employee, such representative shall not
lose pay or benefits for meetings mutually scheduled during duty time.

Section 2-3. Bargaining Unit Work

A. Contracting Out Work – The City will notify the Union, in writing, of the City's intent to
contract with a private agency for planned or emergency work that is currently being
performed by unit employees. The Union may, within 5 business days of this
notification, request a meeting for the purpose of discussing the contracted work. The
meeting will occur prior to any final recommendation to the City Council.

In cases of an emergency when Unit 1 employees are unavailable to perform the work,
for example, a staffing shortage or specialty work, the City will notify LIUNA as soon
as possible via phone or email. The intent is to provide the Union the opportunity to
discuss, but does not prevent the City from contracting the work in an emergency
situation.

Failure by the City to meet with the Union under this Article may be subject to the
Grievance Procedure (Article 2, Section 2-1) of this MOU.

Nothing in this Article shall relieve the city of its obligation to meet and confer
on mandatory subjects of bargaining.

B. The Management recommendation, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2, Section 2-1) of this MOU.

C. The City agrees that it will not assign work currently performed by LIUNA represented
employees to non-represented City employees or to employees in any other City of
Phoenix bargaining unit, for a period up to 90 days.

The exception will be when individuals are being placed in an effort to comply with
federal law, in which case the Union will be notified.

By mutual consent, the City and the Union may agree to a time period longer than 90
days.

Section 2-4. Health and Safety Committee

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A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.

B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This Committee shall be composed of 2 unit
employees appointed by the Union and 2 City representatives as designated by the
City Manager. The Chairmanship shall rotate among the members.

C. The Committee shall meet quarterly at mutually scheduled times or more frequently
by mutual agreement to consider on-the-job safety matters referred to it by the existing
departmental safety committees and safety officers, or otherwise coming to its
attention, and shall advise Department Heads and the City Manager concerning on-
the-job safety and health matters.

All written recommendations of the Committee shall be submitted to the Department
Head concerned and to the City Manager.

D. The Committee shall be guided by the applicable regulations of the State's OSHA
agency, and the City's existing practices and rules relating to safety and health, and
formulate suggested changes.

E. Employee members of the Committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time.
Incident Review Board

An Incident Review Board is an effective management tool to minimize injuries and
protect property. The function of an Incident Review Board is to determine if a vehicular
or operational incident is preventable or non-preventable. The City shall establish an
Incident Review Board in each Unit One represented department. Each Incident Review
Board shall have the same rules, and all rules shall be applied in the same manner in
each department.

Section 2-5. Public Outreach & Public/Employee Safety Cross Training

It is understood that bargaining unit employees are frequently required to address social
service needs and problems as well as threats to public health and public/employee
safety posed in our streets and parks.

30
To ensure that bargaining unit employees are trained adequately to safely deal directly
with members of the public and to properly refer citizens to appropriate City agencies, all
bargaining unit employees shall be cross-trained with public outreach and
public/employee safety skills in accordance with department needs.

Section 2-6. Laborers’ Apprenticeship Projects

A. Gardener Apprenticeship Project

The Union and the City shall continue the Joint Pilot Apprentice Program as needed
and when positions are available for the Gardener classification in the City of Phoenix,
entitled “Phoenix Gardener Apprenticeship Program”.

The Phoenix Gardener Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix Parks
and Recreation Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.

The Phoenix Gardener Apprenticeship Program is designed to prepare individuals,
and produce highly qualified and well trained workers who have solid knowledge as
well as specific, technical job skills for occupations in the skilled trades and crafts.
The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
Gardener Apprenticeship Program.

B. SWEO Apprenticeship Project

The Union and the City shall establish a continue the Joint Pilot Apprentice Program
as needed and when positions are available for the Solid Waste Equipment Operator
classification in the City of Phoenix, entitled “Phoenix SWEO Apprenticeship
Program”.

The Phoenix SWEO Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix
Public Works Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.

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The Phoenix SWEO Apprenticeship Program is designed to prepare individuals, and
produce highly qualified and well trained workers who have solid knowledge as well
as specific, technical job skills for occupations in the skilled trades and crafts. The
Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
SWEO Apprenticeship Program.

C. Street Maintenance Worker I Apprenticeship Project

The Union and the City shall continue the Joint Pilot Apprentice Program as needed and
when positions are available for the Street Maintenance Worker classification in the City
of Phoenix, entitled “Phoenix Street Maintenance Worker Apprenticeship Program”.

The Phoenix Street Maintenance Worker Apprenticeship Program shall be organized with
a set of standards established by a 5 person Joint Apprenticeship Committee
(Committee). The Committee shall be comprised of 2 Union representatives, 2 City of
Phoenix Streets Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.

The Phoenix Street Maintenance Worker Apprenticeship Program is designed to prepare
individuals, and produce highly qualified and well trained workers who have solid
knowledge as well as specific, technical job skills for occupations in the skilled trades and
crafts. The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix Street
Maintenance Worker Apprenticeship Program.

ARTICLE 3: COMPENSATION / WAGES

Various sections of this MOU contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit employee have been negotiated in place of
a direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.

Section 3-1. Wages

32
A. The economic value of a non-continuous payment equal to 2.5% of base wage will
be paid as follows:

1. A non-continuous payment of $1,421.00 for each full-time employee and
$100.00 for each part-time employee to be paid out on the first full pay period
in August of 2024.

B. Limited Reopener for FY 2025-2026: If the City projects revenues will exceed
$1,750,000,000 for Fiscal Year 2025-2026 in the forecast that is presented to City
Council in February 2025, the parties may reopen Section 3-1 of this agreement
for the sole and limited purpose of Meeting and Conferring, in February 2025,
over base wage increases, if any. Unless held invalid by operation of law or by
a final judgment of any tribunal of competent jurisdiction, all other terms and
conditions of this MOU shall remain in full force and effect during any such
reopener and throughout the duration of this MOU.

C. During the term of this MOU the City will provide an annual budget presentation to the
LIUNA Local 777 Chapter Board. This presentation will be scheduled within 30 days
of the final budget being presented to Council.

D. It is understood that for implementation purposes, the practice of rounding of fractional
cents shall be done in accordance with accepted mathematical and accounting
principles.

E. Notwithstanding the rates of pay set forth in any appendix or attachment to the
agreement for reference, the term "Pay Schedule" shall mean the schedule computed
and published by the Human Resources Department for payroll purposes pursuant to
Council Action in the Pay and Compensation Ordinance.

Section 3-2. Productivity Enhancement Pay

In recognition of continuous service and overall performance, the City agrees to the
following productivity enhancement pay formula for unit employees.
A. Pay Benefit:
In November 2024, June 2025, November 2025, and June 2026, unit employees who
meet the additional qualifications of this section shall qualify for $50.00 for each full year
of continuous full-time service in excess of 5 years, up to an annual maximum of
$1,400.00 at 19 years.

33
In November 2024, June 2025, November 2025, and June 2026, unit employees who
have completed at least 20 years of full-time service and who meet the additional
qualifications of this section shall qualify for $65.00 for each full year of continuous full-
time service in excess of 5 years, up to an annual maximum of $1,820.00.

B. Qualifications:

1) An employee must have completed at least 1 year of continuous full-time service
at the top step in his pay range. Qualifications for Productivity Enhancement pay
are made in the base class and will not be affected by movement into or out of
assignment positions. As well, Productivity Enhancement pay will not be affected
by movements to positions within the same pay range.

2) An employee must have received a performance rating of overall "Met” on his latest
scheduled performance evaluation on file at the time of the qualifying date. For
employees who are otherwise eligible for Productivity Enhancement pay, an
employee who receives an overall “Not Met” evaluation shall receive another
evaluation within 90 days to 120 days, and if that evaluation is an overall “Met”, he,
she, they will be eligible to start receiving Productivity Enhancement pay the first
paycheck for the first full pay period after the next qualifying date. A unit employee
who receives an overall “Not Met” rating may appeal by memo through his chain
of command to the Department Head.

3) An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave. However,
the entire period of industrial leave shall qualify as continuous service when the
employee returns to active employment.

C. Terms of Payment:

1) The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit employee’s regular paycheck.

2) When a position is reclassified to a higher classification, or when classification is
assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which corresponds
the closest to their combined base pay and previous Productivity Enhancement
amount (incumbent’s annualized payment), and which does not result in a
decrease from that total amount. The placement in the new range will be limited to
the maximum step in the range. If the reclassification or pay range change only
results in a maximum possible one-range increase, and the incumbent is receiving

34
Productivity Enhancement pay, the employee will be moved to the top step and
continue to be eligible for Productivity Enhancement pay.

Section 3-3. Overtime

A. As a regular practice, overtime shall not be used. The parties agree that at times the
City may require overtime work outside of an employee’s regularly-scheduled shift.

B. Overtime is defined as time assigned and worked beyond the regularly scheduled 40
hours per week.

C. Except for paid sick leave, all duly authorized paid leave time shall be considered as
time worked for the purposes of the regularly scheduled workweek. Paid sick leave
shall not be considered as time worked for the purpose of calculating overtime for the
regularly scheduled workweek.

The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.

D. Overtime shall be worked and shall be allowed if assigned by the non-unit supervisor
or other authorized representative of the City. The City shall endeavor to be equitable
in the distribution of voluntary overtime amongst qualified employees or crews of
employees within the same classification, function, work location, and shift. Seniority
may be used as a factor in determining the assignment of overtime work. Other factors
include skill level, assigned equipment, etc. The City will make available to the Union
upon request reports of overtime worked by unit employees on a quarterly basis. The
City reserves the right to assign overtime in the event insufficient employees
volunteer, to avoid inadequate staffing, to insure timely service delivery or to conduct
mandatory training.

Employees may be required to work on scheduled holidays and/or non-work days
during the holiday week in order to provide City services on weeks containing holidays.

Rotational overtime work lists ranked by seniority shall be posted on city bulletin
boards and updated each time it is worked.

E. Compensation for overtime work as defined in Section B. above will be as follows: 1-
½ times the regular rate. The regular rate shall include, if applicable, night shift
differential, stand-by pay, and out-of-class pay. Overtime will be compensated after

35
the first 7 minutes assigned and worked beyond a member's regularly scheduled work
week or work shift, as outlined in Section B, calculated to the nearest 1/4 hour. There
shall be no compounding or pyramiding of overtime pay with regular or premium pay
except as required under the Fair Labor Standards Act.

F. There shall be a minimum of 12 hours off between shifts. If this is not possible and the
unit employee is not receiving overtime pay for the additional hours worked (the unit
employee is not entitled to both overtime and 12-Hour Rule time), the unit employee
shall receive 12-Hour Rule compensation (1-1/2 times the regular rate) for each full
hour worked within the described 12 hour period. This language only applies to
employees who work 2 full shifts.

Example #1:
Monday
Tuesday
Wed – Fri
Total for Week
6a.m. – 5:30 p.m.
3:30 a.m. – 1p.m.
6a.m. – 2:30 p.m.
44 hrs. Worked
11 hrs. Worked
9 hrs. Worked
8 hrs. Worked per Day
40 hrs. Paid at Regular Rate
of Pay

2 hrs. within
12-Hour Rule

4 hrs. Paid at 1-1/2 (OT)

In example #1, the 12-Hour Rule time is not paid for the two hours worked within the
12-Hour Rule because overtime was earned for the additional hours worked.

Example #2:
Monday
Tuesday
Wed – Thurs
Friday
Total for Week
6 a.m. – 5:30
p.m.
3:30 a.m. – 1
p.m.
6 a.m. – 2:30 p.m.
6 a.m. – 10 a.m.
40 hrs. Worked
11 hrs. Worked
9 hrs. Worked
8 hrs. Worked
per Day
4 hrs. Worked
38 hrs. Paid at
Regular Rate of Pay

2 hrs. within
12-Hour Rule

2 hrs. Paid at 1-1/2
(12-Hour Rule)

In example #2, the 12-Hour Rule time is paid for the two hours worked within the 12-
Hour Rule because overtime was not earned for the additional hours worked.

G. In lieu of cash payment, a unit employee may request compensatory time credits up
to a maximum accumulation of 215 hours. The request for compensatory credit must
be made at the time the overtime is worked. Use of compensatory time off within the
work period shall be subject to departmental approval and scheduling.

Accumulated compensatory time in excess of 215 hours must be paid in cash.

Section 3-4. Call-Out Pay

A. A unit employee called out for work after going home from a shift or called out for
overtime work while on stand-by pay shall be entitled to a minimum of 3 hours pay at
1 ½ times the employee's regular rate of pay.

B. Travel time shall be included in the minimum call-out guarantee and shall be paid only
if the total work and allowed travel time exceed the 3 hour minimum. The total travel
time compensated for round trip travel to and from the job site shall be 45 minutes.

C. Travel time shall not apply when the employee is working on overtime which was
planned in advance. An employee requested to report early, before the normal starting
time of the shift, shall not be eligible for travel time, but would qualify for overtime for
the extra time worked at the job site.

D. Once called out, Standby Pay will stop.

Section 3-5. Out-Of-Class Pay

A unit employee temporarily required to serve in a regular authorized position in a higher
classification shall be compensated at a higher rate of pay in accordance with the
following:

A. To be eligible for the additional compensation, the unit employee must first accumulate
10 regular working shifts of assignment in the higher class within any 24 month period;
satisfactory performance during a previous appointment to the higher class will be
credited to the qualifying period. The days of out-of-class assignment need not
necessarily be consecutive.

The days of out-of-class will be credited to the qualifying period. Once this qualification
is satisfied, no additional re-qualification will be required.

B. Temporary assignments out-of-class shall be recorded only in full-shift units. A unit
employee working out-of-class for 4 hours in an 8 hour shift or 5 hours in a 10 hour
shift or more in a given shift shall be credited with working out-of-class for the entire
shift. No out-of-class credit shall be given for out-of-class work of less than 4 or 5
hours in any given shift.

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C. To qualify for out-of-class pay, a unit employee must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-class pay is
not authorized, for example, if the organization of a work unit is such that each unit
employee carries on his normal duties during the temporary absence of a supervisor,
without a need for the direction which the supervisor would provide on a longer term
basis. However, eligibility for out-of-class compensation shall take place when an
employee becomes responsible on a regular basis, for the full range of duties normally
assigned to the higher class.

D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.

E. A unit employee who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift served
in the higher class. In the event of overlapping unit salary ranges, a minimum one-
step differential shall be paid for out-of-class assignments into unit classifications. The
higher rate of pay shall be used in computing overtime when authorized overtime is
served in out-of-class work assignments; the overtime rate shall be the rate
established by the overtime regulations that apply to the higher rank.

F. The City shall endeavor to be equitable in the distribution of out-of-class assignments
amongst qualified unit employees.

G. The City shall not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.

Section 3-6. Pesticide Applicator Differential

Licensed Pesticide Applicators shall receive $1.00 in addition to their base hourly rate for
each hour engaged in assigned and authorized activities when applying, mixing, or
managing herbicide or pesticides. This compensation includes any preparation and
maintenance of application equipment.

Section 3-7. Shift Differential Pay

Unit employees shall receive $1.00 per hour in addition to their hourly rate of pay when
working a night shift which ends at or after 9:00 p.m. and before midnight, and $1.50 per

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hour in addition to their hourly rate of pay when working a night shift which includes work
during the period after midnight to 3:30 a.m.

Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time.

Employees participating in a 4/10 work schedule shall receive $1.00 per hour in addition
to their hourly rate of pay when working a regular night shift which ends between 10:00
p.m. and 3:30 a.m., inclusive, and $1.50 per hour in addition to their hourly rate of pay
when working a regular night shift which ends after 3:30 a.m. Night shift differential shall
continue to be paid at the rate of the regular shift for any additional hours worked following
the regular shift.

Section 3-8. Weekend Shift Differential Pay

A unit employee shall receive $0.45 per hour added to his base hourly rate of pay and
any other shift differential or any other premium pay he, she, they may be receiving for
working a weekend shift. A designated weekend shift is defined as any shift that starts on
or after 2:00 p.m., on Friday, and continuing through any shift that starts on or before, but
not after 11:59 p.m. on Sunday.
A unit employee shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.
A unit employee, who is called out and works between 2:00 p.m. on Friday and 11:59
p.m. on Sunday, will be paid weekend shift differential for all hours worked at the rate
specified in this article. If a unit employee was called out while on stand-by status, he,
she, they will not receive weekend shift differential.

Section 3-9. Stand-By Pay

When a unit employee is required and assigned to be available for emergency call back,
outside of his regular daily or weekly work schedule, the employee shall be compensated
for such stand-by hours that he, she, they remained available at $3.25 per hour. Unit
employees serving in stand-by assignments shall be subject to contact requirements as
provided for by the Department Head.

Section 3-10. Show-Up Time

Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself/herself for work as scheduled, shall be paid
for at least 4 hours at the hourly rate of pay. If work on the employee's regular job is not
available for reasons beyond his control, the City may assign the employee substitute
work. Where there is substitute work readily available, the opportunity for such work will
not be arbitrarily denied.
In the event scheduled work is interrupted due to conditions beyond the City's control,
and substitute work is not available to be assigned, affected employees shall be paid for
4 hours at the hourly rate of pay, beginning at release, or to the end of the scheduled
work shift, whichever occurs first. An employee shall have the option of using either
vacation or comp time. If there is no other leave available, unit employee shall be able to
use unpaid leave for the balance of the regular shift in compliance with the personnel
rules.
Employees released hereunder prior to the end of their scheduled shift may be required
to stand-by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-9 hereof). Employees called back to work shall be entitled to their hourly rate
of pay only and not any guaranteed minimums for work performed during the balance of
their regularly scheduled shift.

Section 3-11. Jury Duty Pay

A unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence for the period of jury or witness service and will be
compensated his/her regular pay and jury or witness pay for work absences necessarily
caused by such jury or witness duty. To be eligible for such pay, an employee must
present verification of the call to jury or witness duty.

A unit employee required by the Court to call in for jury duty the morning of his/her
scheduled daily work shift may elect to take the day off on vacation or compensatory time.
Such leave request shall not be denied. Should the unit employee be required by the
Court to report for jury duty, the vacation or compensatory time will be restored from the
actual time of reporting required by the Court through the end of the scheduled work shift.
To be eligible for such leave restoration, the unit employee must present verification of
the jury service.

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Unit employees subpoenaed to appear as a witness in court as a result of their official
duties on their status as a City employee shall return all fees tendered for such service to
the City.

Paid Jury Duty leave shall not be allowed when the unit employee is the defendant,
plaintiff, or voluntary character witness in a court action.

Section 3-12. Deferred Compensation Program

The current percentage of base pay for deferred compensation is .45 %.

Section 3-13. Sick Leave Conversion at Retirement

A. Sick Leave Cash Out Formula

A unit employee who has accumulated a minimum of 750 qualifying hours or more of
accrued and unused sick leave at the time of retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.

B. Final Average Salary

The number of sick leave hours eligible to be cashed out and included in an employee’s
Final Average Salary upon retirement will be limited to the number of sick leave hours in
the employee’s leave bank on July 1, 2012, provided all criteria are met as described in
Subsection A.

Employees with less than 250 hours of accrued and unused sick leave on July 1, 2012,
will not meet the minimum balance requirements for a sick leave cash out that can be
included in their Final Average Salary.

The portion of accrued and unused sick leave that is not included in the Final Average
Salary upon retirement can be cashed out as a lump sum upon retirement, provided all
criteria are met as described in Subsection A.

The number of vacation leave hours eligible to be cashed out and included in an
employee’s Final Average Salary upon retirement will be limited to the number of vacation
leave hours in the employee’s bank on June 30, 2014, not to exceed 450 hours.

ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS

Section 4-1. Hours of Work

The City, in collaboration with the Union, may approve flextime schedules when all the
following conditions are met:

1. Approval of Department Head
2. Approval of LIUNA Local 777 Business Manager or their Designee
3. Mutually agreed schedule between Unit Employee and Supervisor
4. The City, the Union and the affected employee(s) shall sign a written agreement.

A. This Article is intended to define the normal hours of work and to provide the basis for
calculation and payment of overtime pursuant to Article 3, Section 3-3.

B. Work Week Defined

The regular work week for regular full-time unit employees shall consist of 5
consecutive work days in a 7 day pre-established work period, except as provided in
Article 4, Section 4-1-F and except in those departments performing normal services
regularly on Saturday and/or Sunday and except in those operations utilizing a
different work week, such as a 4 day work week.

C. Work Day Defined

The work day for regular full-time unit employees shall consist of 8 hours of work within
any 24 hours in a pre-established work schedule, exclusive of unpaid time allotted for
meals except in those operations utilizing a different workday schedule such as a 10
hour work day.

D. Work Schedule Changes

Except for emergency situations, permanent regular work schedules shall not be
changed without notice by the Department of at least 14 days to the affected
employee(s) and to the Union. Exceptions for more or less than the 14 days notice
mentioned above may be mutually agreed to by labor and management on a case by
case non-precedent basis.

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When temporary work schedule changes are necessary, the Department will try to
give affected employees at least 2 calendar days notice or, if less notice, it will be
considered an emergency.

When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the Union of such changes or new schedules, prior to implementation.
Overtime work or stand-by, before or after the normal work day or work week, does
not constitute a change in the work schedule. A department will not reassign
employees to another work location temporarily for arbitrary or capricious reason(s).

E. Summer Work Schedules

Summer hours may begin no later than the first Monday in April, and may terminate
no earlier than the second Monday in October whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier or terminated later in the
year than specified in this section. Summer work schedules in the Streets Department
and Parks Department may begin at 5:00 a.m.

It shall be within the Department Head's discretion to determine starting times for
summer hours based on such operational considerations as dividing and/or rotating
crew starting times to facilitate safety to the public, employees and equipment, to
guarantee a high level of convenient service to the public, to preclude negative impact
on traffic flow, and similar factors.

F. SWEO Schedule

The City may implement a 10 hour workday, 4 workdays per week schedule in all
functions of the Solid Waste Management Division.

Except for Solid Waste Collections and Disposal, the regular work-week for regular
full-time unit employees working a “four/ten” work schedule shall consist of 4
consecutive work days in a 7 day pre-established work period.

Section 4-2. Rest and Lunch Periods

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A. Existing workday schedules spanning 9 elapsed hours shall continue to include a 60
minute unpaid meal period. Existing workday schedules of 8-1/2 hours and 10-1/2
hours shall continue to include a 30 minute unpaid meal period. Workday schedules
of 8 and 10 consecutive hours shall include a paid straight time meal period of up to
½ hour on the job. Two (2) non-work periods of up to 15 minutes during a regular daily
shift shall be permitted by supervision to promote the health, safety, and efficiency of
employees on the job. Emergency situations may make this impossible in rare
situations. Activities of employees during those non-work periods shall not be subject
to any unreasonable restrictions.

B. After a Unit employee has worked 2 hours, or more, in addition to the
employee’s regular daily work shift, the employee shall be entitled to an
additional 15-minute non-work period (break).

C. When a unit employee does not receive a paid meal period, his/her meal period shall
be uninterrupted and duty-free.

Section 4-3. Clean-Up Time

Employees will be given time, in keeping with past practice, at the end of a normal daily
shift for personal clean-up.
Such time is in addition to and exclusive of any time the City requires be spent for
maintaining equipment.

The intent of the above provision has always been to allow field employees who need
personal clean-up prior to rest or lunch periods a reasonable amount of time to do so.
Clean-up material should be supplied on an as needed basis to field employees. If the
field supervisors and employees act reasonably in addressing the issue, everyone will
have a healthier and safer work environment.

Section 4-4. Seniority

A. The City shall provide the Union with a list of unit employees showing each unit
employee’s employment date and class date.

B. Seniority shall be by length of service within a class. If seniority within a class is not
determinative, then length of service with the City shall prevail.

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C. Seniority shall be used as a factor consistent with established Civil Service procedures
in choice of work assignments, vacation schedules, and in the determination of layoffs.

Department policies for work assignment selection and vacation scheduling will be
discussed with the Union at least 30 days prior to implementation.

Section 4-5. Transfer Program

The City and the Union acknowledge mutual interest in the success of the present
program of minimizing layoffs of employees by seeking to place such employees in other
positions, consistent with Civil Service Rules on seniority. The Union agrees to provide
positive counseling to unit employees so affected to ease the transition to other positions.
The City agrees to make available, on request, job counseling in order to provide training
assistance to the employee during the first 30 days of the new work assignment.
Although not required to honor a request for a voluntary transfer for an employee having
documented extraordinary personal hardship beyond his/her control, the City will try to
honor the request. In such a case, factors such as, but not limited to, the employee’s shift,
seniority, and work record may be considered.
To every extent practicable, a transferred unit employee will be allowed to maintain his
previous vacation schedule.

Section 4-6. CDL Renewal

Employees will be allowed City time to renew their CDL license and or related
endorsements and will be reimbursed for such renewal fees which will include the
HAZMAT background screening fee.

ARTICLE 5: BENEFITS

Section 5-1: Employee Assistance

The City Employee Assistance Program, will provide confidential, individual and family
counseling to all employees and their household members. These services will be
furnished by an independent contract agency to be chosen by the City.

Section 5-2: Health and Dental Insurance

A. The City shall maintain the current 80/20 split for health insurance for both single and
family coverage. If there is a rate increase or decrease the City shall pay 80% of the
new monthly contribution and the employee will pay 20%.

B. The City agrees to the continuation of a Healthcare Taskforce for the purpose of
studying existing plans and to explore alternative plans. The Taskforce shall include
representatives of the City and Union.

C. The City shall retain the dental insurance plan for unit employees and their qualified
dependents. At a minimum, the plan shall include a PPO option that consists of
100% payment of reasonable and customary covered charges for preventive and
preventive-related diagnostic services, and 80% payment of reasonable and
customary covered charges for basic services, and major services. The City shall
retain a plan option that includes an orthodontia benefit with a maximum lifetime
benefit of up to $4,000 per person. Dental plans may be subject to deductibles and
limitations contained in the contract between the dental insurance carrier and the City
of Phoenix. The City shall pay the premium costs for single unit employees enrolled
in the base dental HMO or PPO plan (employee only coverage), and 75% of the
premium costs for unit employees and their qualified dependents (family coverage).

The City shall maintain the current dental premium split. For the base PPO and HMO
dental plans, if there is a rate increase or decrease, the City will pay 100% of the
new monthly contribution for single coverage for employees enrolled in the base
dental HMO or PPO plan. If there is a rate increase or decrease, the City will pay 75%
of the new monthly contribution, and the employee will pay 25% for family dental
coverage.

D. The City agrees to continue the formalized complaint procedure with respect to the
service under all plans.

E. Unit employees retiring on or after July 1, 2006, who meet all other MERP eligibility
requirements and enroll in either single or family City of Phoenix health insurance,
shall receive an additional $100.00 per month to help defray the cost of health
insurance.

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Unit employees retiring after August 1, 2022, who meet eligibility requirements, shall
receive the $150 month allowance for Post Employment Health Plan accounts
(PEHP).

Section 5-3: Life Insurance

The City will provide regular full-time unit employees the existing off-the-job and on-the-
job life and dismemberment insurance coverage. The face value of the policy being
$15,000; in addition the City will pay $75,000 for death in-the-line-of-duty insurance.

The designated beneficiary of a unit employee will be paid for all accumulated sick leave
hours that remain on the City's official file at the time of a line-of-duty death of the unit
employee and payment will be based upon the unit employee’s current base hourly rate.
The beneficiary shall be designated in the eCHRIS Benefits portal for the City of Phoenix
Group Life Insurance Program on file in the City Human Resources Department.

Additionally, the City will provide to each unit employees a $200,000 death benefit
covering the unit employee’s commutation to and from their City work location. The
current City Life Insurance carrier will cover the unit employee’s commute for up to two
hours before their shift begins, and two hours after their shift concludes. The Union will
only pay the cost of their benefit the first year of the MOU.

In the event of the death of a unit employee while commuting to or from their work location,
for a period of two hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. The current City Life
Insurance carrier for the payment of a supplementary commutation life insurance policy
for each unit employee. The Union will pay the cost of this benefit, if any, the first year of
each new MOU period.

Section 5-4. Long Term Disability Insurance

Employees who have been continuously employed and working on a full-time basis for
twelve consecutive months are eligible for long term disability coverage. After an
established 90 calendar day qualifying period, the plan will provide up to 66-2/3% of the
employee's basic monthly salary at the time disability occurs and continue up to age 75
for employees who have been employed full-time for 36 months and one day. This
coverage will be coordinated with leave payments, industrial insurance payments,
unemployment compensation, social security benefits and disability provisions of the
retirement plan.

Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to apply for long term disability coverage for no more than 30 months.

Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave
Donations

A. Holidays / Personal Days

The City agrees to incorporate into the MOU the benefits provided under A.R. 2.11
modified to indicate the following holidays.

Employees, except those on hourly paid status, shall, when possible without disrupting
the various municipal services, be allowed the paid holidays listed below:
New Year’s Day

January 1
Martin Luther King’s Birthday
January, Third Monday
President’s Day

February, Third Monday
Cesar Chavez Birthday

March 31
Memorial Day

May, Last Monday
Juneteenth

June 19
Independence Day

July 4
Labor Day

September, First Monday
Indigenous Peoples’ Day

October, Second Monday
Veteran’s Day

November 11
Thanksgiving Day

November, Fourth Thursday
Friday after Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Half an employee’s paid regular shift on
December 24
Christmas Day

December 25
Two Personal Leave Days
After completion of six months of full-time
employment.

When a holiday named in this regulation falls on Sunday, it shall be observed on the
following Monday. When a holiday named in this regulation falls on Saturday, it shall
be observed on the preceding Friday except that in the case of 6 day operations such
holidays may be observed on Saturday. This paragraph shall not apply to Christmas
Eve, which shall only be granted when it falls on the employees' regular scheduled
workday. In the case of continuous 24 hour, 7 day operations and 7 day non-continuous

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operations, holidays shall be observed only on the calendar days on which they actually
fall.

The Personal Leave Days are added to an employee’s vacation leave bank and may
be taken on any day of the employee’s choosing after completion of six months of full-
time employment, subject to operational and scheduling factors and the limitations of
A.R. 2.11. This time does not alter the maximum carryover of vacation hours outlined
in A.R. 2.18.

If a full-time unit employee’s regularly scheduled day off falls on a holiday to which he,
she, they are entitled under this Article, 1st consideration shall be given to allowing 3
consecutive days off, but if this is not feasible, a substitute day off of 8 hours with pay
shall be given at straight time on a day designated by the Department Head. Unit
employees who work a 4/10 schedule, whose regularly scheduled day off falls on one
of the holidays listed in paragraph C of this Article, shall receive 10 hours of
compensatory time. An employee shall not be paid in cash in lieu of a substitute holiday
except that in extraordinary circumstances the City Manager's office may approve
payment in cash at a straight-time rate. The substitute holiday shall not be granted
when an employee is on paid industrial leave.

A unit employee whose regular scheduled day-off falls on a holiday specified in this
Article, and who is called in to work a regular shift on such holiday and scheduled day
off, shall be compensated at 1-1/2 the regular rate for each hour assigned and worked
in addition to the substitute holiday provided above.

B. Vacation Accumulation

Vacation accrual and carryover shall be governed according to the following table:

C. The parties agree that on all City holidays, unit employees whose regularly assigned
work week consists of 4 10 shifts, shall not be required to submit documentation for 2
hours of paid leave.

SERVICE
MONTHLY
ACCRUAL
MAXIMUM
CARRYOVER
MAXIMUM
PAYOUT

0-5 years
8 hours
192 hours
290 hours
6-10 years
10 hours
240 hours
350 hours
11-15 years
11 hours
264 hours
380 hours
16-20 years
13 hours
312 hours
440 hours
21+ years
15 hours
360 hours
500 hours

Unit employees shall be allowed a vacation buyout twice per calendar year, by
notifying the Department payroll staff in writing of such intent during the month of either
October or April, to be paid on the last paycheck of November and May. The total
annual buyout is up to a maximum of 80 hours taken in no more than 40 hour
increments, after the employee has accumulated a minimum of 175 hours and has
used 40 hours of vacation/comp-time during the calendar year.

D. Parental/Family Leave

The City will, as a matter of general policy, and subject to operational needs, authorize
up to 3 months of unpaid leave for an employee who is the parent of a newly born or
legally adopted child or any Unit employee who needs to care for an ill family member.
Family members include spouse, children (natural, adopted, foster, or stepchildren),
brother, sister, parents, grandparents, as well as others living in the same household
with the employee. Approval and use of this leave shall be subject to existing
Personnel Rules.

E. An employee may use up to 10 hours of accumulated sick leave in at least one-hour
increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. This will be marked
as “BO” on leave slips. When there is an extreme illness or injury situation where a
life or death question exists involving an immediate family member, an employee may
use up to 5 days of accumulated sick leave. (This should not be construed as
bereavement leave under Personnel Rule 15g). This will be marked as “BN” on leave
slips.

In addition, employees may have dependent care situations where the above leave is
insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an immediate
family member up to a maximum of 5 incidents not to exceed a total of 40 hours each
calendar year.

For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave management
program, up to a maximum total of 7 incidents per calendar year. An incident is defined
as an absence from work, regardless of the length of time.

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An immediate family member is defined as the employee’s spouse, qualified domestic
partner, mother, father or child. A child is defined as a biological, adopted, foster or
stepchild, legal ward, or a child of a person standing in place of a parent. A brother,
sister, grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member.

In FY 2024, the City and the Union will meet and discuss changing sick leave
codes (e.g., BN, BO, BI, BE).

F. Leave Donations

Unit employees may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness or injury of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father, or child. A child is defined as a biological, adopted, foster or stepchild, legal
ward, or a child of a person standing in place of a parent. A brother, sister,
grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member. Requests to receive such leave
contributions will require a completed doctor’s certification.

Section 5-6. Tuition Reimbursement

A. Unit Employees who participate in the Tuition Reimbursement Program shall be
eligible for tuition reimbursement pursuant to the following provisions:

1.
The maximum sum reimbursable to unit employees each MOU year shall be
$6,500.

2. To be eligible for any reimbursement, unit employees must have successfully
completed academic or training courses approved by the department and the
Human Resources Director as provided in existing Administrative Regulations.

B. Tuition Reimbursement, in accordance with this Article, shall be made in the event an
employee’s approved course of instruction is terminated by the educational institution.
Tuition reimbursement shall not occur in the event of any voluntary termination of
employment by the employee.

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C. The City will reimburse unit employees for expenses incurred as a result of requiring
and maintaining certification required by the City. The City will not reimburse unit
employees for classes the City provides at no cost, or for classes the City identifies
for unit employees to be taken at no cost.

D. Unit employees shall be allowed to utilize up to $150 to attend one-day, in-state, City-
related seminars/training.

ARTICLE 6: MISCELLANEOUS

Section 6-1. Saving Clause

A. If any article or section of this MOU should be held invalid by operations of law or by
a final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal, the
remainder of this MOU shall not be affected thereby.

Section 6-2. Copies of MOU

A. Within 60 days after this MOU is adopted by the City Council, the Union will arrange
for printing of jointly approved copies of it for furnishing one to every unit employee,
unit supervisor and to management personnel. The costs of such duplication and
distribution will be borne equally by the Union and the City.

B. Printing vendors secured by the Union shall comply with Chapter 18, Articles IV (City
Construction Contractors' Affirmative Action Requirements) and V (Supplier's and
Lessee's Affirmative Action Requirements), Phoenix City Code.

Section 6-3. Aid to Construction of Provisions of MOU

A. The provisions of this MOU shall be in harmony with the rights, duties, obligations and
responsibilities which by law devolve upon the City Council, City Manager, and other
City boards and officials, and these provisions shall be interpreted and applied in such
manner.

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B. The lawful provisions of this MOU are binding upon the parties for the term thereof, it
being understood that the Union is precluded from initiating any further meeting and
conferring for the term thereof relative to matters under the control of the City Council
or the City Manager.

Section 6-4. Part-Time Employees

Hourly paid unit employees, excluding seasonal and temporary employees, who have
worked a minimum of 50 hours in each pay period for 26 consecutive weeks shall be
entitled to the same benefits for authorized work on holidays as received by regular full-
time unit employees. In addition, such employees shall receive vacation credits prorated
for the number of hours worked after the qualifying period is satisfied. Vacation credits
shall be calculated and paid in cash in December and June. These hourly-paid employees
shall be considered for advancement from Pay Step 1 to Pay Step 2 after completing
1,040 hours of work in Step 1 and for advancement from Pay Step 2 to Pay Step 3 after
working 2,080 hours in Pay Step 2.

Hourly paid unit employees who have worked a minimum of 50 hours in each pay period
for 26 consecutive weeks shall be entitled to the same benefits as received by regular
full-time unit employees. Members that meet these requirements shall be eligible for
participation in the City's Health, Life, and Dental insurance programs. The City's premium
participation will be the same as that provided for full-time employees. Continuation of
participation under these plans will be determined by reviewing the average hours worked
in the prior 12-month period every calendar year on October 1. This qualifying period will
be determined for the following benefit year effective January 1. If the employee
separates from City employment, the participation will cease.

Part-time employees are allowed an hours reduction of up to 2 weeks in one pay period
in the (26 week qualifying period and each period thereafter, without impacting their
eligibility to participate in the part-time employees’ benefit programs.

Section 6-5. Term and Effect of MOU

A. This Memorandum shall remain in full force and effect commencing with the beginning
of the first regular pay period in July 2024, up to the beginning of the first regular pay
period commencing in July 2026. In compliance with the Meet and Confer Ordinance
(Phoenix City Code Chapter 2, Article XVII, Division 1) as may be amended, on or

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before December 1, 2025, LIUNA 777 shall submit its proposed memorandum of
understanding for the next contract period.

B. Except as expressly provided in this MOU, the City shall not be required to meet and
confer concerning any matter, whether covered or not covered herein, during the term
or extensions thereof.

C. The provisions of this MOU shall be subject to Federal, State and local law that vests
jurisdiction and authority in other public boards and officials, including the City Council,
Phoenix Employment Relations Board, Phoenix Civil Service Board, City Manager and
Department Managers, or determines issues contrary to the provisions hereof.

D. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions. All side agreements executed during this MOU contract period will expire
on or before the contract end date unless incorporated into the MOU or extended by
mutual agreement. Any supplement, amendments, or modifications to this MOU which
are mutually agreed upon must be reduced to writing and signed by both parties.

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IN WITNESS WHEREOF, the parties have set their hands this
____ of May, 2024

______________________________________________________________________
Stephen Switzer, LIUNA Local 777 Representative

______________________________________________________________________
Jason Perkiser, Assistant Human Resources Director, City of Phoenix

______________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix

ATTEST:

______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix

APPROVED AS TO FORM:

______________________________________________________________________
City Attorney, City of Phoenix

LIUNA 777 Team:

City of Phoenix Team:
Stephen Switzer

Jason Perkiser, Human Resources
Michael Ruelas

Scott Coughlin, Parks and Recreation
Daniel Salinas

Jesse Duarte, Street Transportation
Kimberly Gallego

Justeen Cook, Public Works
Ronald March

Corina Ramsey, Human Resources
Jose Mascareno

Lorraine Rodriguez, Human Resources (Coordinator)
Dan Ward

Kia Chambers, Human Resources (Scribe)
John Sandoval