M E M 0 R A N D U M
ME M 0 R A N D U MOFU N D E R S T A N D I N GBetweenTHE CITY OF LOS ANGELES,DEPARTMENT OF WATER AND POWERandLOCAL 18 OFTHE INTERNATIONAL BROTHERHOOD OFELECTRICAL WORKERS--Steam Plant and Water Supply Unit ---·-··--- .October 1, 2002throughSeptember 30, 2005 1] ,--rG"M
APPENDIX FGENERATION BUSINESS UNITSTEAM GENERATION BID PLANI.BID PLAN- INTRODUCTION(1)II.In accordance with the conditions and procedures hereinset forth, there is hereby established a plan by whichthe opportunity is extended to employees in the SteamGeneration Group of the Steam Plant and Water SupplyUnit to bid for vacancies at various facilities ashereinafter provided. Generally, vacancies included inthe Bid Plan are for these positions which canreasonably be expected to be of a permanent nature;however, whenever the Director of Generation BusinessUnit finds it necessary because of extraordinarycircumstances or in the interest of safe, reliable, andefficient operation of the Energy Services Organizationto withdraw from, restore to, or create any position inthe Bid Plan, written notice shall be posted in alllocations, stating fully the reasons and necessity forsuch action.OBJECTIVES(2)The objectives of this plan are to promote employees'welfare by:(a)(b)(c)(d)Providing wider selection of positions foremployees through recognition of seniority.Providing greater diversity of training andexperience.Providing upward mobility through AffirmativeAction.Providing an opportunity to bid for location.III. LOCATIONS INCLUDED IN PLAN(3)The locations for bidding purposes shall be as follows:(a)(b)(c)(d)(e)Harbor Steam PlantHaynes Steam PlantScattergood Steam PlantValley Steam PlantFuel Oil Operations102
IV.CIVIL SERVICE CLASSES COVERED BY PLAN(4)The Civil Service classes covered by this Bid Plan areas follows:Instrument MechanicSteam Plant AssistantSteam Plant Maintenance MechanicSteam Plant OperatorTank Farm OperatorV.BASIC PROVISIONS(5)Vacancy Open for Bid - Awarding OfEach vacancy open for bid shall be awarded to the eligiblebidder having the greatest seniority with due considerationbeing given to the bidder's qualifications to the extent thatthey are consistent with safe, reliable, and efficientoperation.(6)Vacancy Considered Open for BiddingUnless the interest of safe, reliable, and efficient systemoperation makes it necessary for the Director of GenerationBusiness Unit to assign an employee to a specific vacancy, avacancy will be considered open to bid when created by any ofthe following:(a)(b)(c)(d)(e)Termination of an employee.Reassignment of an employee to another position inthe same class.Acceptance of a permanent appointment to a positionin another Civil Service class.(The vacancy shallbe deemed to exist on the first day that theemployee reports to their new location.)A personal leave of absence in excess of ninetyconsecutive days.A leave of absence to enter military service.However, because each person on military leave of absence hasthe established right to return to their position, suchassignments shall be declared to be temporary for theduration of the military leave of absence.103
(7)Vacancies Not Considered Open for Bidding(a)(8)A vacancy will not be considered open for biddingin those cases where the regularly assignedemployee vacates a position in order to accept alimited or temporary promotion to a position inanother Civil Service class if such temporarypromotion is to a position within one of the groupslisted in Paragraph (3) above.Vacancy Created By Permanent DisabilityWhen a vacancy is created by reason of an employee's beingabsent on disability for a period of time long enough for theMedical Division and Retirement Board to place the employeeon Permanent and Total Disability, that individual shallautomatically relinquish their position, and the resultantvacancy shall then be put up for bid.(9)Facility Removed from ServiceWhenever a facility is to be removed from service and is notto be replaced, notification will be given to the Union andaffected employees as early as practical and the Union andthe Department shall hold a joint conference to discussplacement of the affected individuals in accordance withseniority rights.(10)Facility Replaced by another FacilityIf a facility or part of a facility is to be removed fromservice but is replaced by another facility requiring similaremployee services and is in the same general location, thenthe individuals in the old facility will be assigned likepositions in the new facility. If the facility should bereturned to service, individuals would retain rights tooriginal positions.104
(11) Break-In TimeA bidder awarded a position will be given reasonable break-intime in the new position before being required to assume theduties and full responsibilities of that position and for thebidder to determine whether to permanently accept theposition. The length of this break-in time will depend uponthe bidder's previous experience at the facility into whichthe employee is bidding. However, the break-in time shall belimited to a maximum of four calendar months, except thatControl Operators shall be given a maximum 6-calendar monthbreak-in period.In the event the superintendent determinesduring this period that the employee demonstrates anunacceptable level of performance of these duties andresponsibilities or should the employee choose not tocontinue in the position during this period, the employeewill be removed from the position and returned to theposition the employee vacated in the facility from which theemployee came and the employee will be ineligible for anyother control operator vacancy for a period of one (1) yearat that plant where the employee failed to complete theirbreak-in period.VI.ELIGIBILITY(12) Eligible BiddersEmployees covered by this Bidding Plan are eligible to bid inaccordance with the following:(a)The employee may bid on any vacancy for which theemployee is qualified at any location after havingcompleted one year of experience at their presentlevel and location if the employee has asatisfactory performance and training record.(b)Those individuals who do not meet the experienceand training requirements may submit tentative bidsfor vacancies in their respective Civil Serviceclasses. Should no eligible bidders submit a bid,the tentative bids may be used for filling thevacancy.105
(13) Reassignments Under the Bidding PlanAll reassignments made under bid procedures shall be subjectto the Memorandum of Understanding and to the Rules of theCivil Service Commission.VII. BID PROCEDURE(14) Bid Request SubmittalAny employee covered by this Bidding Plan who desiresreassignment to another location shall submit Bid Requestsfor the locations of their choice to the Director ofGeneration Business Unit.The Director of GenerationBusiness Unit will provide a signed copy of the request andreturn it directly to the employee. The Director ofGeneration Business Unit will maintain a continuous file ofall Bid Requests. A listing of all Bid Requests on file,including tentative bids, will be published and posted everyfour months.Where possible when it is known in advance that a vacancywill be created, notices will be posted at each location tothis effect. When a location bid position is to be filled,notice shall be given to the Union who will notify theappropriate employees.(15) Bid Request FormsLocationIn order to facilitate administration, a standard form will besupplied on which applicants will indicate the location bid andthe order of choice where more than one location is bid.Thesupervisor receiving the bid shall date and sign as havingreceived it. The original will be sent to the Director ofGeneration Business Unit, with a copy retained for the plantsuperintendent. A separate form shall be filled out for eachlocation bid.106
Shift Preference BidsA standard form will be supplied for order of shift preferencein each location. Completed forms will be submitted through theoperating supervisor to the plant superintendent and remain onfile until requested to be removed by the employee or replacedby a new shift preference bid. A bidder may submit a new shiftpreference bid at any time.(16) Vacancy AwardA vacancy will be awarded to the eligible bidder who has aBid Request on file with the Director of GenerationBusiness Unit at the time the vacancy occurs in accordancewith the following guidelines:(a)For shift positions, when a particular crewposition is to be filled at a location, it willbe awarded within forty-five (45) days to one ofthose individuals who desire the positionpresently working in the plant at that levelbased upon in-class seniority at that level.Ifthe superintendent chooses temporarily, to amaximum of six (6) months, not to allow in-plantbidding based upon in-class seniority for aparticular crew position for reasons ofmaintaining crew strength or balance or becauseof training deficiencies of a bidder, thesuperintendent will provide written justificationto the Director of Generation Business Unit.A qualified bidder not awarded such a positionmay appeal to the Director of Generation BusinessUnit.A file of written requests for particular crewpositions will be maintained by thesuperintendent and shall be available for reviewby station operation personnel.107
(b)For the Civil Service classes of Steam PlantOperator, Steam Plant Instrument Mechanic, TankFarm Operator, and Steam Plant MaintenanceMechanic, after any shift vacancy has first beenfilled in accordance with (16) (a) whereapplicable, the resultant vacancy will be awardedas follows:1.First, to the qualified bidder with thehighest in-class seniority among thosebidders working in any location at the samelevel as the vacancy and in the same CivilService class.2.Secondly, to the qualified bidder with thehighest in-class seniority among thosebidders working at a lower level in thatCivil Service class, except as modifiedbelow for advancement from Assistant ControlOperator (ACO) to Control Operator.3.To determine the "Senior QualifiednAssistant Control Operators (ACOs) foradvancement to Control Operator vacancies,Assistant Control Operators with completedtraining at the station with the vacancy,and other Assistant Control Operators fromthe other stations who have completedtraining at the station to which they arebidding, shall be ranked according to classseniority and the most senior AssistantControl Operator on the list will beadvanced to fill the vacancy, unless thecandidate turns down the offer of promotion,in which case the next eligible candidatewill be offered the promotion. A rankinglist by seniority of station ACOs andeligible bidders shall be maintained andposted.108
Any Control Operator who wishes to revertback to the ACO position may do so, for anyreason, and their request must beaccommodated within 30 days of that request.If the request is made within 6 months fromthe date of promotion to Control Operator,the Operators will be returned to theirlast, former location and crew.If therequest is made more than 6 months afterpromotion to Control Operator, the Operatorswill be placed in a vacant position at aplant in accordance with the bid plan.Following such request, that ACO will not beeligible for promotion to Control Operatorfor one year from the date of the reversionrequest.(c)For the Civil Service class of Steam PlantAssistant, vacancies will be awarded based uponthe highest in-class seniority among qualifiedbidders working at the same level as the vacancy.Entering level Steam Plant Assistants will onlybe considered for vacancies at that level and,therefore may not submit tentative bids forhigher level vacancies.If the eligible bidder with the greatest in-class seniorityis disqualified, other eligible bidders for the positionwill be considered in the order of their in-classseniority. Any disqualified bidder has the right toprotest as outlined in Paragraph (19).If an eligible bidder is not awarded a position or notnotified of their disqualification, the bidder may appealto the Dir ctor of Generation Business Unit. Any positionsnot filled in accordance with this Bid Plan shall bevacated and awarded in accordance with Bid Plan.Notice of all location bid awards shall be posted withinfourteen (14) days of the award at each work location whereemployees of the affected Civil Service class report.Notice of all bid awards shall be posted at each worklocation where employees of the affected Civil Serviceclass report.109
(17) Vacancies Not Filled By BidIf no eligible bids are received for a facility in aclassification at a level which has a vacancy, the vacancymay be filled by one of the following methods:(a)First, by selection from those individualsworking at that level who wish to transfer andare eligible to transfer but did not bid.(b)Second, by one of the following:(c)1.By selection from a Civil Service orAdvisory List.2.By selection on the basis of in-classseniority from among those who havesubmitted tentative bids.Third, by emergency appointment.If the vacancy is filled under the first and second methodsabove (17) (a) and (b), the employee so appointed shallhave the same rights as if the appointment had been by bid.VIII. SUPERVISION AND ADMINISTRATION(18) Bid Award ApprovalA review of bidder's qualifications and recommendation ofthe appointment of a bidder to a vacancy will be by theDirector of Generation Business Unit involved.(19) Protest ProcedureAny bidder who is disqualified for a vacancy for which thebidder has bid shall be entitled to a written explanationby the Director of Generation Business Unit and may requestfurther discussion.110
IX.BID SENIORITY(20) Tabulation of Seniority for Bidding PurposesAll necessary data will be obtained from the PersonnelBusiness Group of the Generation Business Unit and will bepublished and distributed to all locations on or near thefirst of each year.The published in-class seniority isequal to the total time served under regular appointment,including probationary period in any one of theclassifications listed in Paragraph (4), plus any timeworking in the following classifications:(a)(b)(c)(21)Steam Plant Operating SupervisorSteam Plant Maintenance SupervisorInstrument Mechanic SupervisorPrior Service Seniority CreditSeniority credit earned prior to a separation from DWPservice shall be treated as follows: If an employee is laidoff through no fault of their own and is later reemployed,the employee shall not lose any seniority credit for anyperiod of actual service.If, however, the employee hasbeen separated from the service by resignation or dischargefor cause and is again employed, the employee shall receiveno seniority credit for service rendered prior to theirseparation from the service.(22) Time while on a suspension of two weeks or more shallbe deducted from the seniority tabulation.(23) Leaves of Absences (Without Pay)Time on leave of absence (without pay) for personalreasons, except for Union business exceeding thirty (30)days, shall be deducted from seniority credit.Leaves ofabsence for personal reasons for which the accumulatedtotal, in any one individual's service year, exceeds thirtydays are deducted.111
(24) Correction of Seniority TabulationThe seniority tabulation is for use in bidding only.Inthe event of layoff, layoff lists will be furnished by theCivil Service Commission under its regularly establishedrules.Where errors are believed to exist in the senioritytabulation, a statement of such errors should be made inwriting and referred through regular supervision channelsto the Generation Business Unit Personnel Business Groupfor a check.If the claim is found valid, the necessarycorrections will be made.112
(b) For the Civil Service classes of Steam Plant Operator, Steam Plant Instrument Mechanic, Tank Farm Operator, and Steam Plant Maintenance Mechanic, after any shift vacancy has first been filled in accordance with (16) (a) where applicable, the resultant vacancy will be awarded as follows: 1.
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