RES-10762 Memorandum For Orange Maintenance & Crafts Employees AssociationRESOLUTION NO. 10762
A RESOLUTION OF THE CITY COUNCIL OF TI E
CITY OF ORANGE APPROVING TI€E
MEMORANDUM OF UNDERSTANDING BETWL El l
THE CITY OF ORANGE AND THE ORANGE
MAINTENANCE AND CRAFTS EMPLOYEES'
ASSOCIATION (OMCEA), CONCERNING WAGES,
HOURS, AND OTHER CONDITIONS OF
EMPLOYMENT EFFECTIVE JULY 1, 2013
THROUGH AND INCLUDING JUNE 30, 2015 AND
REPEALING RESOLUTION NO. 10691 AND
AMENDMENTS THERETO FOR SAID
EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as "City," and the Orange
Maintenance and Crafts Employees' Association, hereinafter referred to as "OMCEA" have
met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and OMCEA have reached agreement on wages, hours, and
other conditions of employment effective July 1, 2013 through and including June 30, 2015
and the City Council desires to repeal Resolution No. 10691 and amendments thereto for said
employees, as set forth in the Memorandum of Understanding; and
WHEREAS, on January 14, 2014, the City Council of the City of Orange adopted
Resolution No. 10756, a Resolution of the City Council of the City of Orange Establishing a
Letter of Understanding Between the City of Orange and the Orange Maintenance and Crafts
Employees' Association Effective July 1, 2013 through June 30, 2015; and
WHEREAS, the City and the Association agreed to incorporate the provisions
contained in the Letter of Understanding noted above into a new Memorandum of
Understanding once both parties had an opportunity to review and concur on any and all
language changes included in the new Memorandum of Understanding
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that the Memorandum of Understanding attached hereto as Exhibit "A" (the "MOU") is
approved and incorporated herein by reference as if fully set forth herein and that Resolution
No. 10691 be repealed in its entirety.
ADOPTED this 25th day of March, 2014.
Teres E. Smith, Mayor, City of Orange
A'T ST:
Mary E. rphy, ity Clerk, City o r ge
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 25th day of March, 2014 by the
following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COLINCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary . urp ity Clerk, City o nge
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Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
OR.ANGE MAINTENANCE & CRAFTS
EMPLOYEES' ASSOCIATION
JULY l , 2013 THROUGH JUNE 30, 2015
ORANGE MAINTENANCE AND CRAFTS EMPLOYEES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Article No. Article Title Pa e No.
I Recognition 1
II Non-Discrimination 1
III Salaries 1
Basic Compensation Plan, Salary Schedule, Hourly Rate Part-Time
Employees, Beginning Rates, Service, Advancement within Salary
Schedule, Reduction in Salary Steps, Bilingual Assignment,
Certification Bonuses
IV Work Week 4
V Probation 4
VI Promotion 5
VII Demotion 5
VIII Reassignment of Compensation Ranges 6
IX Working Out of Class 6
X Overtime/Compensatory Time/Callback 7
XI Holidays 9
XII Vacation 10
XIII Part-Time and Temporary Employee 11
Eligibility for Fringe Benefits
XN Leaves of Absence 12
Leave of Absence without Pay,Jury Duty and
Witness Services, Military Leave, Sick Leave, Family Leave,
Bereavement Leave, Workers' Compensation, Family Care and
Medical Leave
XV Fringe Benefit Administration 17
Article No. Article Title Pa e No.
XVI Health Benefits 18
Health Insurance,Life Insurance,Long Term Disability,
State Disability Insurance,Retirement Health Savings Plan Trust
XVII Educational Assistance Program 19
XVIII Retirement 20
XIX Miscellaneous Provisions 21
Rideshare Incentive,Uniforms,Safety Shoes,Eyeglass
Replacement,Tool Allowance,Breaks,Direct Deposit
XX Travel Expense Allowed 22
XXI Safety and Health 23
XXII City Rights 23
XXIII Employee Organizational Rights and 25
Responsibilities
XXN Grievance Procedure 26
XXV Disciplinary Appeals Procedure 27
XXVI No Strike-No Lockout 28
XXVII OMCEA Representatives 29
XXVIII Layoff Procedure 30
XXIX Sole and Entire Memorandum of Understanding 33
XXX Waiver of Bargaining During the Term of this MOU 33
XXXI Emergency Waiver Provision 33
XXXII MOU Terms Severable 33
XXXIII Term of Memorandum of Understanding, 34
No Layoff Clause and Relationship with Other Bargaining Units
XXXIV Ratification and Execution 34
Appendix "A" Monthly Salary Ranges 36
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Article I
RECOGNITION
SECTION 1. Pursuant to the provisions of the Employee Relations Resolution No. 3611 of the
City of Orange (hereinafter, the "City"), the City has recognized Orange Maintenance & Crafts
Employees' Association, (hereinafter called "OMCEA") as the majority representation in the
units described in Exhibit "B" for the purpose of ineeting its obligations under the Meyers-
Milias-Brown Act, Government Code Section 3500, et seq., and the Employee Relations
Resolution when City rules, regulations, or law affecting wages, hours or other terms and
conditions of employment are amended or changed.
Article II
NON-DISCRIMINATION
SECTION 1. The parties mutually recognize and agree to protect the rights of all employees
herein to join and/or participate in protected OMCEA activities or to refrain from joining or
participating in protected activities in accordance with the Employee Relations Resolution 3611
and Government Code Sections 3500 et se c.
SECTION 2. The City and OMCEA agree that they shall not discriminate against any employee
on the basis of actual or perceived race, color, national origin, religion, sex, gender identity,
physical or mental disability, medical condition (cancer-related or genetic characteristics),
ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth ar related
medical condition, status as a covered veteran, or service in the uniformed services (as defined
by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any other
lawfully protected class. The City and OMCEA shall reopen any provision of this MOU for the
purpose of complying with any final order of a Federal or State Agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this MOU in
compliance with Federal or State anti-discrimination laws.
SECTION 3. Whenever the masculine gender is used in this MOU, it shall be understood to
include the feminine gender.
SECTION 4. The term "employee(s)" shall refer only to those employees covered by this MOU.
Article III
SALARIES
SECTION 1. Basic Compensation Plan. There is hereby established a basic compensation plan
for all members of the OMCEA Unit in any of the designated classifications of employment
listed in this MOU and its attachments.
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SECTION 2. Salary Schedule. Salaries effective November 6, 2011 and June 29, 2014 for
employees covered by this MOU are listed in Appendix "A." The salary and wage schedules
attached hereto shall constitute the basic compensation plan consisting of six (6) steps or rates of
pay in each range. The respective ranges shall be identified by number and the steps by the
letters "A" to "F" inclusive.
SECTION 3. Hourlv Rate Part-time Emplo.
A. For all employees who have a regular weekly work schedule of forty (40) hours, the
equivalent hourly rate of pay shall be the monthly rate times 12 divided by 2,080
annual hours. The hourly rate for persons employed on a regular part-time or
temporary basis in an equivalent classification shall be determined in the same
manner. In determining the hourly rate as herein provided, compensation shall be
made to the nearest '/z cent.
B. Regular part-time employees who are scheduled to wark on an average of at least
twenty (20) hours per week on a year-round basis may be considered for
advancement to the next higher step upon completion of hours of employment equal
to the minimum number of months of service required by full-time employees. One
thousand forty (1,040) hours of regular part-time employment shall equal six (6)
months' service.
SECTION 4. Beginnin A new employee of the City shall be paid the rate shown in Step
A" in the range allocated to the class of employment for which he has been hired, except that on
the request of the Department Head under whom the employee will serve, and with the
authorization of the Human Resources Director, such employee may be placed in Step "B", "C",
D", "E", or "F" depending upon the employee's qualifications.
SECTION 5. Service. The word "service" as used in this MOU, shall be defined to mean
continuous, full-time service in an employee's present classification, service in a higher
classification, or service in a classification allocated to the same salary range and having
generally similar duties and requirements. A lapse of service by any employee for a period of
time longer than 30 days by reason of resignation or for any length of time due to discharge shall
serve to eliminate the accumulated length of service time of such employee for the purpose of
this MOU. An employee re-entering the service of the City of Orange shall be considered as a
new employee, except that he may be re-employed within one year and placed in the same salary
step in the appropriate compensation range as he was at the time of the termination of
employment.
SECTION 6. Advancement Within Salary Schedule. The following regulations shall govern
salary advancement within ranges:
A. Merit Advancement. An employee may be considered for advancement through the
salary range upon completion of the minimum length of service as specified in
Section 6 A (3) below. Advancement through the salary range may be granted only
for meritorious and efficient service by the employee in the effective performance of
his duties. A merit increase shall become effective on the first day of the pay period
following completion of the length of service required for such advancement and
shall require the following:
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1) The head of the department which the employee is employed shall file with the
Human Resources Director a Personnel Action Form and a completed
Performance Evaluation Form recommending the granting or denial of the merit
increase and supporting such recommendation with specific reasons therefore. A
disapproval from the Human Resources Director, together with the reasons
therefore, shall be returned to the Department Head.
2) The recommendation of the Department Head and the approval of the Human
Resources Director shall be forwarded to the Payroll Division of the Finance
Department for change of payroll status.
3) Advancement through the pay ranges Step "A" through Step "F" shall occur in
yearly increments.
B. Special Merit Advancement. When an employee demonstrates exceptional ability
and proficiency in the performance of his duties, the Department Head may
recommend to the Human Resources Director that said employee be advanced to a
higher pay step without regard to the minimum length of service provisions contained
in this MOU. The Human Resources Director may, on the basis of a Department
Head's recommendation, approve and effect such advancement.
C. Len th of Service Required when Advancement is Denied. When an employee has
not been approved for advancement to the next higher salary step, he may be
reconsidered for such advancement at any subsequent time. This reconsideration
shall follow the same steps and shall be subject to the same action as provided in
Section 6(A).
SECTION 7. Reduction In Salary Steps. Any employee who is being paid on a salary step
higher than Step "A" may be reduced by one or more steps for just cause upon the
recommendation of the Department Head with the approval of the Human Resources Director.
SECTION 8. Bilingual Assi n ment• Employees may be assigned by the Department Head to a
Bilingual Assignment. Bilingual Assignments shall be made on the following basis:
A. The Department Head shall determine the number of Bilingual Assignment positions
which are necessary based upon a demonstrable need and frequency of use; and
B. All Bilingual Assignments must be approved by the Human Resources Director or his
designee; and
C. Employees receiving Bilingual Assignment compensation may be required to take
and pass a proficiency test on an annual or as-needed basis, as determined by the
Human Resources Department; and
D. No permanency or seniority may be obtained in a Bilingual Assignment and such
assignment may be revoked at any time by the Human Resources Director or his
designee; and
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E. No employee shall be required to perform a Bilingual Assignment on a regular basis
or employ bilingual skills on a regular basis who is not receiving bilingual pay
pursuant to this section; and
F. Such employees on Bilingual Assignment shall receive an additional $140.00 per
month, in addition to their regular salary for the duration of the assignment.
SECTION 9. Certification Bonuses.
A. California Water Environmental Association(CWEA) Sanitation Certification:
i. Employees who possess a CWEA Grade I Sanitation Certificate shall
receive a flat $75.00 per month bonus.
ii. Employees who are required by the State of California to possess a CWEA
Grade II Sanitation Certificate shall receive a flat $100.00 per month bonus.
iii. Employees who are required by the State of California to possess a CWEA
Grade III Sanitation Certificate shall receive a flat $125.00 per month bonus.
iv. An employee who possesses two (2) or more of the above certifications is
eligible to receive only the highest grade-certificate bonus. There shall be
no pyramiding of certificate bonuses.
B. The above forms of compensation, also referred to as "Educational Incentive Pay"
shall continue to be reported to Ca1PERS as special compensation and therefore
compensation earnable pursuant to California Public Employees' Retirement
System(PERS) Regulations, Section 571(a)(2).
Article IV
WORK WEEK
SECTION 1. The regular workweek for all employees covered by this MOU shall be forty (40)
hours per week; provided that effective July 1, 2013 through June 30, 2014 all employees
covered by the MOU shall continue to be subject to a 5% work furlough. The furlough shall be
implemented by closing the public services provided by employees covered by the MOU on 13
additional Fridays during the fiscal year beginning July of 2013 through June of 2014 (hereafter,
furlough Friday"). The 5% work furlough shall end effective July 1, 2014.
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Article V
PROBATION
SECTION 1. An employee initially appointed or promoted to a class shall serve a probationary
period of 26 pay periods during which he shall have an opportunity to demonstrate suitability for
the job. With the approval of the Human Resources Director, the Department Head may, for just
cause, extend the probationary period for up to an additional 13 consecutive pay periods. The
employee shall attain regular status in the class upon successful completion of the probationary
period or any extension of the probationary period. An employee who does not satisfy the
standards of the class during the probationary period shall be notified, in writing, and termination
or demotion proceedings shall be initiated. A probationary employee shall not be entitled to
appeal a termination or demotion, except as is provided for by law.
SECTION 2. Probationary employees are not entitled to compete for a closed/promotional
recruitment selection process; they may however, compete for any open/competitive recruitment
selection process.
Article VI
PROMOTION
SECTION l. Salary Step Assignment. When an employee is promoted to a position of a higher
classification, he may be assigned to Step "A" in the appropriate range for the higher
classification; provided, however, that if such employee is already being paid at a rate equal to or
higher than Step "A" in the appropriate range for the higher classification, he may be placed in
the step in that appropriate salary range as will grant him an increase of at least one (1), but no
more than three (3) salary steps, at the discretion of the City Manager.
SECTION 2. Eli ibilitv List. When an eligible employee remains in higher bands of a current
Eligibility List, and the Department Head selects an eligible employee in a lower band, upon
request the eligible employee in the higher band will be notified of the reasons for his non-
selection.
Article VII
DEMOTION
SECTION 1. When an employee is demoted for disciplinary reasons, to a position in a lower
classification, the new salary rate shall be fixed in the appropriate salary range for the lower
classification, in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step, and
B. The new salary rate must be within the salary range for the classification to which the
employee is demoted.
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Article VIII
REASSIGNMENT OF COMPENSATION RANGES
SECTION 1. Any employee who is employed in a classification which is allocated to a different
pay range shall retain the same salary in the new range as he previously held in the prior range,
and shall retain credit for length of service acquired in the previously held step toward
advancement to the next higher step in the new salary range; provided, however:
A. That if such retention shall result in the advancement of more than one step in the old pay
range, the Human Resources Director may, at the time of reassignment, place the
employee in a step which will result in an increase of only one step.
B. That if the reassignment is to a lower compensation range, the "F" step of which is lower
than the employee's existing rate of pay at the time of reassignment, the employee shall
continue to be paid at the existing rate of pay until such time as the position shall be
reassigned to a compensation schedule which will allow for further salary advancement,
or until such time as the employee is promoted to a position assigned to a higher
compensation range.
C. That if the reassignment is to a lower compensation range, the "F" step of which is higher
than the existing rate of pay, the employee shall be placed in that step of the lower
compensation range which is closest to, but no lower than the existing rate of pay.
D. The City Manager may be permitted to reduce the salary range of any classification, but
shall not be able to increase the range when any position is vacant.
Article IX
WORKING OUT OF CLASS
SECTION 1. The City may only work employees out of classification for up to 10 consecutive
working days without additional compensation.
SECTION 2. Working out of class assignments shall only be made for positions vacated due to
illness, an approved leave of absence, or terminations.
SECTION 3. Acting Time Pa
A. An employee shall receive acting time pay at the "A" Step of the higher class, or 5%
above the employee's regular salary, whichever is greater, for work performed within
the higher classification on the 11`h
consecutive day of working out of class, and for
each consecutive day thereafter an employee works out of class.
B. The Department Head or his designee shall assign the employee to work out of
classification but shall notify the Human Resources Director prior to the assignment.
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C. To qualify for working out of class pay, the employee must be performing all the
significant duties of the higher position.
SECTION 4. Eli ibilitv Period. During the 10 consecutive working day eligibility period befare
an employee is entitled to receive acting time pay, absence for compensatory time and/or
vacation shall break consecutiveness and cause the 10 consecutive working day eligibility period
to start over. Absences for regularly scheduled holidays, regular days off, jury duty, and/or
verifiable sick leave shall not constitute a break in consecutiveness far acting pay eligibility.
Article X
OVERTIME/COMPENSATORY TIME/CALL BACK
SECTION l. Entitlement for Overtime.
A. Compensatory Time. All employees shall be entitled to overtime compensation for all
hours worked in excess of (40) forty hours within the employee's regular workweek.
Compensatory time shall be paid either in the form of pay at the employee's regular
hourly rate or equivalent time off. The method of payment of overtime, either in cash or
equivalent time off, must be authorized or approved by the Department Head or his
designee.
B. Premium (Time and One-Half Overtime. Only time actually worked (i.e., not holiday,
vacation, compensatory time, or sick leave) over 40 hours in an FLSA work period shall
be paid at the premium (time and one-hal rate either in the form of pay or compensatory
time off. If in the event of circumstances beyond the City's control (such as acts of God,
fire, flood, insurrection, civil disorder, national emergency, or other similar
circumstances), an employee is required to hold over on his normal work shift, and to
jointly work with another employee who has been called back pursuant to Article X,
Sections 9 and 11 herein, then such employee shall be entitled to premium (time and one-
hal fl overtime compensation.
C. During the week of a furlough Friday, employees shall have a corresponding reduction in
their basic compensation to reflect the scheduled work hours for that week (36 hours). If
an employee works between 37-40 hours during the week of a furlough Friday, such
hours shall be paid at straight time. Any hours worked in excess of 40 shall otherwise be
compensated as set forth in the MOU.
SECTION 2. Compensatory Time Accumulation. Compensatory time for overtime shall be
accumulated in no less than one-quarter ('/4) hour per day increments. When an employee works
less than one-quarter('/4) hour per day of overtime, the employee shall not receive compensatory
time for overtime of less than one-quarter('/4)hour per day worked.
SECTION 3. Eli i y_ In order to be entitled to overtime, such compensatory time must be
authorized by the Department Head or his designated representative.
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SECTION 4. Maximum Compensatory Time Accrual. Any accumulated compensatory time
accrued in excess of 80 hours per calendar year, shall be automatically paid in cash on the first
pay-period of the new calendar year.
SECTION 5. Use of Compensatory Time.
A. Accumulated compensatory time off may be taken by an employee upon reasonable
notice and prior approval of the Department Head or his designee.
B. Accumulated compensatory time off shall be taken by an employee when directed by
the Department Head; provided, however, that the Department Head gives an
employee at least ten (10) days' notice prior to the date compensatory time off is to be
taken.
C. In approving and directing compensatory time off, the Department Head will, as far
as practical, attempt to accommodate employee convenience to the degree possible in
light of the operational requirements of the department.
SECTION 6. Nothing herein is intended to limit or restrict the authority of the City to require
any employee to perform overtime work.
SECTION 7. Whenever two (2) or more premium (time and one-hal compensation rates or
overtime rates may appear to be applicable to the same hour or hours worked by any employee,
there shall be no pyramiding or adding together of such premium (time and one-hal fl or overtime
rates and only the higher applicable rate shall apply.
SECTION 8. An employee promoted to a higher classification not covered by this MOU shall
have all accumulated compensatory time paid in cash at the time of promotion and at the
employee's current rate of pay prior to promotion.
SECTION 9. Callback Compensation. If an employee is required to be called back to work after
completing his normal work shift, after having left City premises and/or the employee's wark
location, the employee shall be compensated at the rate of 1'/2 times the employee's equivalent
hourly base rate for each hour worked on callback with a minimum of two (2) hours callback
compensation ar equivalent time off at 1'/z times the actual hours worked, regardless of whether
the employee actually works less than two (2) hours. This provision shall be applicable to
employees although the employee's regular workweek is not completed, but shall not apply to
employees who are continuing on duty for their normal work shift. Section 11 below denotes
compensation provided when an employee is eligible for callback pay and standby pay.
SECTION 10. Standby Pa Employees, assigned by Management to standby status after their
regular work hours, will receive two (2) hours per day (Monday through Friday) of standby pay
at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and Holidays.
Employees must be capable of performing all duties that would be required if called back to
work.
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SECTION 11. Callback Pav Plus Standbv Pay. Employees who are called back to work
pursuant to Section 9 above, and who are assigned by Management to standby status after their
regular work hours pursuant to Section 10 above, will receive two (2) hours per day (Monday
through Friday) of standby pay at their straight time hourly rate or three (3) hours per day for
Saturdays, Sundays and Holidays, plus straight time for each hour worked on call back. All
actual hours worked by an employee on stand-by shall count as time worked toward the 40 hours
for qualifying for premium(time and one-hal overtime under FLSA.
Article XI
HOLIDAYS
SECTION 1. Holida na tion. Employees covered by this MOU shall receive the following
paid nine (9) hour holidays except letter"I"below:
A. January ls`(New Year's Day)
B. The third Monday in February (President's Day)
C. Last Monday in May (Memorial Day)
D. July 4t" (Independence Day)
E. First Monday in September(Labor Day)
F. November 11`" (Veteran's Day)
G. Fourth Thursday in November(Thanksgiving Day)
H. Fourth Friday in November(Day after Thanksgiving Day)
I. One-half day before Christmas, if December 24 falls on a Monday through Thursday
Christmas Eve; 4.5 hours)
J. December 25`" (Christmas Day)
K. A total of 9 hours of floating holiday time
SECTION 2. Floatin Holida Effective January 1 of each year employees will have credited
one nine (9) hour floating holiday per calendar year. Floating holiday requirements are as
follows:
A. This floating holiday shall be taken as time off from work no later than the end of the
calendar year.
B. The floating holiday is not cumulative and shall be forfeited should it not be taken
during the calendar year in which it was earned.
C. The floating holiday shall be taken at the convenience of the City with approval of the
Department Head.
D. Employees under this section who terminate their employment with the City prior to
using the floating holiday shall receive cash reimbursement for said holiday.
E. Probationary employees are provided with and are eligible to use floating holiday and
fixed holiday hours, according to the guidelines established in this section, and/or
with approval of the Human Resources Director.
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SECTION 3. Holidays on Certain Days of the Week. In the event any of the above holidays,
except one-half day before Christmas, fall on a Sunday, the following day will be taken in lieu of
the actual date on which the holiday falls. When any of the above holidays fall on a Saturday,
except one-half day before Christmas, the preceding Friday will be taken in lieu of the actual
date on which the holiday falls. When any of the above holidays falls on the employee's
regularly scheduled day off during the week, except one-half day before Christmas, employees
will be credited with nine (9) hours of holiday compensatory time. Accumulated holiday
compensatory time must be used by the employee by June 30 of the same fiscal year in which it
was accumulated or be forfeited.
SECTION 4. Eli igbilitytoReceiveHolidayPa In order to be eligible to receive holiday pay,
an employee must have worked, or be deemed to have worked because of an approved absence
e.g., sick leave, vacation, or compensatory time), the employee's regularly scheduled day before
and regularly scheduled day after the holiday. Should an employee fail to work the employee's
regularly scheduled day before and after the holiday, or if the employee is on an approved leave
of absence without pay, the employee shall not be entitled to holiday pay.
SECTION 5. Holiday Durin Vacation. Should one of the holidays listed above fall during an
employee's vacation period while an employee is lawfully absent with pay, the employee shall
receive holiday pay and no charge shall be made against the employee's accumulated vacation.
SECTION 6. Double Time Pay. All employees required to wark on a holiday listed above, shall
receive, with the approval of their Department Head or his designee, double time pay for hours
worked on the holiday, or time off equal to the number of hours the employee actually worked
on the holiday. Further, an employee who works in excess of nine (9) hours on a holiday listed
above, shall receive double time pay for all such hours actually warked. All employees required
to work on the following City-observed holidays shall receive holiday pay plus time and one-half
for all hours worked on these holidays: Independence Day (July 4th), Thanksgiving Day, and
Christmas Day (December 25`h).
Employees shall receive no other compensation whatsoever for
working on a holiday.
Article XII
VACATION
SECTION 1. Vacation Accrual. All full-time, regular employees who have one (1) year's
continuous service shall thereafter be entitled to a vacation as follows:
After Year(s) Vacation Hours
of Service Per Year
1 thru 4 gp
5 thru 10 120
11 128
12 136
13 144
14 152
15 thru 24 160
25 or more 200
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SECTION 2. Vacation Usage and Accumulation: Vacation shall be taken at the convenience of
the City with the approval of the Department Head. Where possible, such vacation should be
taken annually and not accumulated from year to year. Vacation hours not in excess of the
equivalent number of hours earned in the immediately preceding 24-month period may be
accumulated with the permission of the Department Head and the Human Resources Director.
Employees shall not accumulate vacation in excess of the equivalent number of hours earned in
the immediately preceding 24-month period. No vacation hours shall be accrued in excess of the
equivalent number of hours earned in the immediately preceding 24-month period. Probationary
employees accrue vacation but may not use vacation until successful completion of an initial
probationary period, except in the event of a City Hall holiday closure, with the approval of the
Human Resources Director.
SECTION 3. Vacation Conversion. An employee may convert up to 25% of his current annual
vacation accrual into pay in lieu of time off with pay on an annual basis for the 2013/14 fiscal
year. An employee requesting such a conversion must meet the eligibility requirement as set
forth in Section 1 and may so convert once in a fiscal year. Effective July 1, 2014, an employee
may convert up to 33% of his current annual vacation accrual into pay in lieu of time off with
pay on an annual basis and may so convert once in the 2014/15 fiscal year.
SECTION 4. Vacation Payout Upon Termination. Eligible full-time and part-time employees
who terminate their employment with the City shall be paid for all accrued vacation, if any, and
the prorated portion of their final accrual. Prorated vacation shall be on the basis of 1/12 of the
employee's annual vacation pay for each full month of service.
Article XIII
PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE
BENEFITS
SECTION 1. Definitions. Nothing contained in this section shall guarantee to any employee a
specified number of hours per day or days per week or weeks per year or months per year of
work.
A. Re u part-time Employees shall be those employees scheduled in the City's budget to
work 20 or more hours per week on a year-round basis (52 weeks minus approved
leave).
B. Temporary part-time Emplo shall be those employees scheduled in the City's budget
to work less than 20 hours per week on a year-round basis (52 weeks minus approved
leave).
C. Seasonal Employees shall be those employees who are scheduled in the City's budget to
work on less than a year-round basis regardless of hours worked.
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SECTION 2. Entitlement to Fringe Benefits Based Upon Proration of Hours.
A. Regular part-time employees shall receive fringe benefits in proportion to the number of
hours an annual basis. The annual schedule for all part-time employees shall be the
schedule, which is included in the City's approved budget, or a schedule; which is
designated by Management at the commencement of the employee's employment with
the City.
B. This formula of proration shall apply to holiday pay, vacation, sick leave, flexible benefit
plan contribution, retirement contribution, and disability insurance.
C. Regular, part-time employees may receive step increases provided they work the actual
number of hours a full-time employee would have had to work in order to be entitled to
progress to the next step of the salary range.
SECTION 3. Temporary and Seasonal Emplo Temporary and seasonal employees shall
receive no fringe benefits provided for in this MOU or in any resolution of the City, except those
stated in Article XVIII Retirement, Section 4 of this MOU, or unless otherwise provided by
Federal and/or State Law.
Article XIV
LEAVES OF ABSENCE
SECTION 1. Leave of Absence Without Pay. For all regular employees as described herein, the
following Leave Without Pay procedure shall apply:
A. After all available leave benefits, including vacation, compensatory time, and any
other leave benefits have been completely used, a regular employee, not under
suspension, may make written application to the Department Head for leave without
pay. No such leave will be considered absent a written application from the
employee requesting leave.
B. If the Department Head and the Human Resources Director agree that such leave is
merited and in the interest of the City, leave may be granted for a period not to exceed
six (6) months following the date of expiration of all other allowable leave benefits.
C. No employment or fringe benefits such as sick leave, vacation, health insurance,
retirement, or any other benefits shall accrue to any employee on leave of absence
without pay except as denoted under the FCML section below. During such leave in
excess of five (5) working days, no seniority shall be accumulated.
D. Subject to and consistent with the conditions of the group health, life or disability
plan, coverage may be continued during a leave, provided direct ayment of the total
premium by the employee is made through and as prescribed by the Payroll Division
of the City. The City will pay up to six (6) months of the Flexible Benefit Plan
contribution for employees who are on long term disability leave.
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E. At the end of such leave, if the employee desires additional leave, written application
must be made through the Department Head to the Human Resources Director at least
ten (10) days before the end of the six (6) month period stating the reasons why the
additional leave is required and why it would be in the best interests of the City to
grant such leave of absence. If such additional leave is merited and would still
preserve the best interests of the City, he may approve such extension of the leave of
absence for a period not to exceed an additional six (6) months.
F. If the employee does not return to work prior to or at the end of such leave of absence
or extension of leave of absence, the City shall consider that the employee has
terminated his employment with the City.
G. An employee on leave of absence must give the City at least seven (7) days' written
notice of his intent to return to work prior to returning to work.
H. Any employee who engages in outside employment during said leave of absence
without prior notification and approval of the Human Resources Director and
Department Head may be subject to termination.
I. Any employee who falsifies the reason for the request for said leave of absence may
be terminated for falsifying a request for leave of absence or extension thereof.
J. Such leave shall be granted on the same basis for pregnancy, childbirth and other
medically related conditions, except that such an employee shall retain all seniority
rights.
K. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Human Resources Department.
SECTION 2. Jury Duty and Services as Witness for Citv.
A. Jury Duty, When required to serve on a jury, all employees shall have time off for a
period not to exceed 30 calendar days for each jury duty summons which an employee
responds to per calendar year. Employees shall receive their regular pay while serving on
jury duty, provided all jury fees paid to the individual employee, less allowed automobile
expenses, are turned over to the City.
If an employee is required to call in for jury service and the court does not need the
employee's service, the employee is expected to report to work. Once an employee has
completed his jury service, he must provide the Certificate of Jury Service to his
immediate supervisor to qualify for jury duty compensation.
B. Witness Service for the Citv. If an employee is called as a witness, on behalf of the City,
he shall receive his normal pay for time spent by the employee serving as a witness for
the City. Employees shall be required to pay any witness fees that accrue to the
employee for his witness service to the City as a condition of receiving his normal pay
while serving as a witness for the City.
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SECTION 3. Military Leave of Absence. If an employee is required to take military training
two weeks each year, he shall be entitled to military leave of absence under the provisions of
State law, found in Section 395-395.02 of the Military and Veterans' Code.
SECTION 4. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in
accordance with the following:
A. For employees working a regular 40-hour week, eight (8) hours of sick leave will
accrue for each month of continuous service. Probationary employees may use
accrued sick leave during their probation period.
B. Sick leave will be charged at the rate of one-quarter(
1/
4) hour for each one-quarter('/4)
hour an employee is absent.
C. Any employee eligible for sick leave with pay may use such leave for the following
reasons:
1) Medical and dental office appointments during work hours when authorized by the
Department Head; and/or
2) Personal illness or physical incapacity resulting from causes beyond the
employee's control; including pregnancy, childbirth and other medically related
conditions.
3) No employee shall be eligible or entitled to sick leave with pay for any illness or
injury arising out of and in the course of City employment.
D. Sick Leave Anplication. Sick leave may be applied only to absence cause by illness
or injury of an employee and may not extend to absence caused by illness ar injury of
a member of the employee's family, except as provided in Section 5 or 6 below.
E. Sick Leave Char ed. In any instance involving use of a fraction of a day's sick leave,
the minimum charged to the employee's sick leave account shall be one-quarter ('/4)
hour, while additional actual absence of over one-quarter('/4) hour shall be charged to
the nearest one-half('/2) hour. Sick leave shall only be used for the purposes stated,
and the Department Head shall be responsible for control of employee abuse of the
sick leave privilege. Employees may be required to furnish a certificate issued by a
licensed physician or other satisfactory written evidence of illness to establish the
employee's entitlement to sick leave payment.
F. Maximum Accumulation of Sick Leave. An employee who is initially hired after July
1, 1980 shall be allowed to accumulate sick leave to a maximum of 960 hours. Sick
leave hours ir excess of such maximum shall be forfeited.
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G. Retirement from Citv Service and Entering the Public Employees' Retirement S s
Upon retiring from City service and entering the Public Employees' Retirement
System, an employee shall receive no pay for the first 60 days of accrued sick leave
0-480 hours), but shall receive 25°/o pay for the first 30 days of accrued sick leave
after the first 60 days of accrued sick leave (481-720 hours), and 50% of all accrued
sick leave thereafter(721-960 hours).
H. Death of an Employee• Upon the death of an employee while employed by the City,
100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased
employee. Payment will be made when proper authorization far payment is received
from the estate of the decedent employee.
I. Sick Leave Conversion.
1) Eligible employees with sick leave usage of 0.0 to 27.0 hours per payroll
calendar year will have the option to convert 30 hours of their unused sick leave
to vacation in the first pay period of the following year.
2) Employees with sick leave usage of 27.25 to 36.0 hours per payroll calendar
year may convert 20 hours of unused sick leave to vacation in the first pay
period of the following year.
3) Employees must have a minimum balance of 180 hours of sick leave available
after conversion.
4) However, no hours will be converted to vacation if said vacation conversion
places the employee's vacation bank over the maximum allowable accruaL In
this case, all sick leave hours eligible for conversion will instead remain in the
employee's sick leave account.
SECTION 5. Family Leave. In accordance with the California Family Leave Act, an employee
is allowed up to 48 hours of family leave per calendar year for family related illness or injury,
which shall be charged against the employee's accumulated sick leave. Part-time employees are
allowed to use up to one-half of their annual accrual of sick leave for family leave purposes.
SECTION 6. Bereavement Leave. Regular full-time employees shall be entitled to take up to
three (3) days of paid bereavement leave per incident on the following terms and conditions:
A. Bereavement leave may only be used upon the death or critical illness where death
appears to be imminent of the employee's immediate family. "Immediate family" as
used in this subsection, shall be limited to any relation by blood, marriage or
adoption, who is a member of the employee's household (living at the same address)
and any parent, legal guardian, parent-in-law, brother-in-law, sister-in-law
grandparent, grandchild, aunt, uncle, spouse, child, brother, or sister of the employee
regardless of residence.
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B. Days of absence due to bereavement leave shall not exceed three (3) warking days
per incident and shall not be deducted from the employee's accumulated sick leave.
An employee on bereavement leave shall inform his immediate supervisar of the fact
and the reasons therefore as soon as possible. Failure to inform his immediate
supervisar, within a reasonable period of time, may be cause for denial of
bereavement leave with pay for the period of absence.
SECTION 7. Workers' Compensation. Employees who incur a work-related injury or illness will
be eligible to receive Workers' Compensation benefits according to the State of California's
Department of Warkers' Compensation regulations and benefits provided pursuant to this
Memorandum of Understanding.
A. Temporary Disability Leave. Unit employees shall be granted temporary disability
leave of up to 365 days in the event of a job related injury or illness. Temporary
disability leave in excess of 365 days will expire based on current State regulations.
When a City employee is entitled to receive temporary disability payments, the City
will contribute additional compensation to allow the employee to receive 100% of
their regular rate of pay, or provide full salary continuance, for the first 30 days
starting from the first day of temporary disability. The employee will then receive
80% of salary for up to an additional 335 calendar days. Thereafter, the regular
temporary disability Workers' Compensation rate will apply.
For an employee granted Industrial/Workers' Compensation leave under the MOU
during the period of this MOU, compensation under such leave shall be based upon
the compensation received by the employee as a result of the furlough which shall
end on June 30, 2014.
B. Course of Employment. Should it be determined that an employee's illness or injury
did not arise in the course of the employee's employment with the City or that the
employee is not temporarily or permanently incapacitated or disabled, as a result of
the injury or illness, then the employee's accrued, or if insufficient, future sick leave
shall be charged to reimburse the City far any payments made to the employee
pursuant to Section A above.
C. Physician Pre-Desi nagtion• An employee may elect to pre-designate a qualified
medical provider if done in accordance with the DWC. Pre-designation regulations
include but are not limited to the following criteria:
1) The physician has a previous history of directing the medical treatment of the
employee;
2) The physician retains the medical records and history of the employee; and
3) The physician agrees to treat work-related injuries or illnesses in accordance
with the regulations.
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D. Frin e Benefits. The City will continue to provide vacation, sick leave, insurance,
and other fringe benefits for employees who qualify for workers' compensation. Any
fringe benefits not paid by the City pending the determination of whether an
injury/illness is job-related shall be paid retroactively if the injury/illness is
subsequently determined to be job-related. In such instances the employee shall be
reimbursed for any benefit or premium payments made by the employee prior to the
job-related determination being finalized.
SECTION 8. Family Care and Medical Leave (FCML State and Federal laws require the City
to provide family and medical leave for eligible employees. The following provisions set forth
employees' and employer's rights and obligations with respect to such leave. Rights and
obligations which are not specifically set forth below are set forth in the City's Employee
Handbook. Any provisions not set forth in the Employee Handbook are set forth in the
Department of Labor regulations implementing the Federal Family and Medical Leave Act of
1993 (FMLA) and the regulations of the California Fair Employment and Housing Commission
implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2).
Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA
and CFRA. An employee's request for leave is subject to review and final approval of the
Human Resources Director.
A. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of leave
during any 12-month period. An employee's entitlement to leave for the birth or
placement of a child for adoption or foster care expires 12 months after the birth or
placement.
B. The 12-month period for calculating leave entitlement will be a "rolling period" measured
backward from the date leave is taken and continues with each additional leave day
taken. Thus, whenever an employee requests leave, the City will look back over the
previous 12-month period to determine how much leave has been used in determining
how much leave an employee is entitled to.
C. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any
reason permitted under the law, he must exhaust all accrued leaves (except sick leave) in
connection with the leave. This includes vacation, holiday, and other compensatory
accruals. If an employee requests leave for his own serious health condition, in addition
to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion
of accrued leave will run concurrently with the Family Care and Medical Leave.
D. Required Forms. Employees must fill out required forms, available in the Human
Resources Department, including: Request for Family or Medical Leave; Medical
Certification; Authorization for Payroll Deductions for Benefit Coverage Continuation
During Family/Medical Care Leave; and Fitness-for-Duty to Return from Leave (if
applicable).
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Article XV
FRINGE BENEFIT ADMINISTRATION
SECTION 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exist or may exist in the future during the term
of the MOU.
SECTION 2. Selection and Fundin. In the administration of the fringe benefit programs, the
City shall have the right to select any insurance carrier or other method of providing coverage to
fund the benefits included under the terms of this MOU, provided that the benefits of the
employees shall be no less than those in existence as of implementation of this MOU.
SECTION 3. Chan es. If, during the term of this MOU, any change of insurance carrier or
method of funding for any benefit provided herein occurs, the City shall notify OMCEA prior to
any change of insurance carrier or method of funding the coverage.
Article XVI
HEALTH BENEFITS
SECTION 1. Health Insurance. The City shall continue to contract with the Public Employees'
Retirement System (PERS) to make available those health insurance benefits provided under the
Public Employees' Medical and Hospital Care Act (PEMHCA).
A. Retiree Premium Contribution. The City shall contribute toward the payment of
premiums under the PERS Health Benefits Plan to each eligible retiree annuitant of
PERS, to the extent required by law, a contribution of$115.00 per month. Effective
January 1, 2014, this shall be increased to $119.00 per month.
B. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan
for active full-time and benefited part-time employees and pay the following amounts
to provide funds for optional dental insurance coverage, vision plans, health plans, or
as miscellaneous pay:
December 1, 2012 610 985 $1,210
Janua 1, 2014 675 $1,050 $1,275
Janua 1, 2015 745 $1,120 $1,345
C. Any amounts in excess of the amounts designated in Section 1B necessary to
maintain benefits under any benefits plans selected by the employee shall be borne by
the employee.
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D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled in the same agency or enrolled in an agency with PERS Health, unless the
employee (or the spouse) is enrolled without being covered as a family member.
E. An employee may choose to not be enrolled in the Health Benefits Plan. If an
employee chooses not to be enrolled in the health plan, the employee must provide
proof, as determined by the Human Resources Director, that comparable medical
insurance is in full force and effect. Based on determination that insurance is in full
force and effect, eligible employees shall receive $610.00 per month towards the
Flexible Benefit Plan. Effective January 1, 2014, this amount shall increase to
675.00 per month. Effective January 1, 2015, this amount shall increase to $745.00
per month.
F. In the event that the employee loses eligibility (with documentation) then the
employee may re-enroll in the PERS Health Benefits Plan pursuant to their rules and
regulations.
SECTION 2. Life Insurance. The City shall contribute the full premium toward a $40,000 life
insurance policy for each benefited employee.
SECTION 3. Long Term Disabilitv Insurance. The City shall provide a long-term disability
plan that pays 60% of salary after a 60 day elimination period, to a maximum of $4,000 per
month.
SECTION 4. State Disability Insurance. The City of Orange has entered into a contract with the
State of California for a State Disability Insurance plan concerning employees in OMCEA.
A. In order to apply for State Disability Insurance, a claim form must be obtained from
the State of California Employment Development Department. The "Claim
Statement of Employee" form must be completed by the employee and the
employee's doctor must complete the "Doctor's Certificate" section before the claim
can be processed. The employee should be aware that if he receives State Disability
Insurance benefits for time paid as sick leave by the City, he will be responsible for
reimbursing the City by payroll deduction for the amounts paid by both the City and
State Disability insurance, and sick leave balances will be adjusted accordingly.
B. When a claim is received, the State Disability Insurance Office will request the
necessary information to determine the employee's eligibility. Benefits may begin
with the day after the 7`
h calendar day waiting period of disability or the first day of
hospitalization. An employee may be paid for the waiting period if their disability
exceeds 21 days.
C. Benefits are coordinated between the City of Orange and State Disability and the
employee is paid allowance benefits based on their present rate of pay and the State
Disability Insurance benefit schedule.
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SECTION 5. Retirement Health Savin s Plan Trust. The City allows the Association to establish
a Retirement Health Savings Plan Trust for its' employees. The City will not contribute to this
plan, as all costs and contributions of the Plan will be borne by the employees. OMCEA will
sponsor said plan, and indemnify and release the City from any and all plan liability. The City
will provide logistical payroll support. The responsibility for the maintenance and investment of
the plan funds rests solely with OMCEA.
Article XVII
EDUCATIONAL ASSISTANCE PROGRAM
SECTION 1. Program ReQuirements. The City will reimburse employees for the cost of tuition,
textbooks, health fees and parking fees required for approved community college and college
courses. An approved course is one either designated to directly improve the knowledge or skill
of the employee relative to his specific job, or courses leading to an accredited degree or
certificate program. The request will be reviewed by the Department Head who shall submit all
requests, along with recommendations, to the Human Resources Director for final approval prior
to registration. Reimbursement will be based upon the final grade received. A final grade of"C"
or better qualifies the employee for 100% reimbursement up to the amount specified in Section 2
of this Article.
SECTION 2. Pa, m Educational assistance payments to an employee shall not exceed
750.00 in any one fiscal year and the individual must still be employed by the City when the
course is completed to qualify for reimbursement.
Article XVIII
RETIREMENT
SECTION 1. PERS Member Contribution. All benefited employees shall participate in the
California Public Employees' Retirement System (Ca1PERS). Employees shall pay 8.0% of
reportable salary, on a pre-tax basis, to PERS as their full member contribution. Employees will
be provided an annual report showing the amount of contribution so made.
SECTION 2. PERS Retirement Formula — Tier 1. Effective June 29, 2003, the City provided
the PERS 2.7% @ age 55 Retirement Program. This applies to all employees hired by the City
prior to January 1, 2013. This also applies to new employees who are considered "classic"
members of Ca1PERS or current members of another California public retirement system with
Ca1PERS reciprocity who are hired on or after January 1, 2013. Employees do not contribute
any portion of their salary to PERS towards cost-sharing of the City's employer contribution
rate. The City shall pay all remaining employer costs towards the retirement program for
employees covered herein.
SECTION 3. 1959 PERS Survivor Benefit. The City shall pay fees and provide the 1959 PERS
Survivor Benefit at the Third Level Option.
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SECTION 4. Part-Time Emplo Part-time employees not covered under the Public
Employees' Retirement System shall participate in a defined contribution retirement plan in lieu
of Social Security contributions. The City shall contribute 3.75% of the employee's eligible
earnings toward the retirement plan. Part-time employees shall contribute 3.75% of their eligible
earnings toward the retirement plan.
SECTION 5. PERS Retirement Formula -Tier 2. Employees hired on or after January 1, 2013,
who thereupon become new members in PERS, shall be subject to the 2.0% @ age 62 retirement
program pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA)
and related statutory changes. In all respects, employees hired by the City on and after January
1, 2013 shall be subject to the terms and requirements of PEPRA. New PERS members shall
pay 50% of the normal cost of retirement. In 2013 this employee contribution rate is 6.75% of
compensation earnable however this amount is subject to change pursuant to CaIPERS
requirements.
SECTION 6. PERS Reportin The City shall, in accordance with PERS rules and regulations,
continue to report salary levels to PERS as if there were no furlough.
Article XIX
MISCELLANEOUS PROVISIONS
SECTION 1. Rideshare Incentive Pro ram. An employee may receive $30 per month and eight
8) hours of compensatory time (to a maximum accrual of 16 hours) every six (6) months for
carpooling, using public transportation, biking, walking, or other approved modes of
transportation to commute to and from the work-site. To qualify for these incentives, the
employee must use one (1) of the above modes of transportation a minimum of 70% of his
commuting time.
SECTION 2. Uniforms.
A. The City will purchase uniforms for all classifications within the Association. Uniform
allowance for all classifications shall be $135.00 per calendar year and shall be reported
to PERS. However, this uniform allowance will not be reported to Ca1PERS as
pensionable compensation for "new members" hired on or after January 1, 2013, as
defined by the Public Employees' Pension Reform Act of 2013 (PEPRA).
B. All uniforms and/or safety equipment purchased by the City shall remain the property of
the City.
SECTION 3. Safety Shoes. Designated employees covered by this MOU are required to wear
safety shoes with steel toes while on duty. An employee will receive up to $450 per fiscal year
for safety boot allowance. Inspection of the work site will be made on a regular basis to
ascertain compliance to the safety shoe program.
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SECTION 4. E lass Replacement. The City will pay for replacement of employee's
eyeglasses that are lost or damaged in the course of his work. Damaged eyeglasses will be
turned into the City in order for the employee to be entitled to reimbursement. The City will not
reimburse an employee for more than one (1)pair of lost or damaged eyeglasses per fiscal year.
SECTION 5. Tool Allowance. Employees classified as Equipment Mechanics shall provide
such tools as are ordinarily used in the trade, which shall be the personal tools of the Mechanic.
A. The City will establish with a vendor an account for said employees who have at least
one (1) year of service in such classification.
B. Such employees shall be allowed up to $750.00 per fiscal year with such vendor in
order to replace and maintain the tools necessary for the performance of his job
duties.
C. At the beginning of each fiscal year, garage mechanics are required to submit or
maintain a current list of tools with the Equipment Maintenance Supervisor. Each list
must contain information to adequately describe and identify each tool, including
type, brand and cost that is owned by the employee.
D. The City will reimburse the mechanics for their personal tools that are:
1) Damaged due to fire, earthquake or flood; or
2) Stolen while the tools are on City's premises with evidence of forced entry into the
garage area.
E. An employee will not be reimbursed for tools that are lost, misplaced or misused.
The City shall bear no liability or responsibility for such tools except as provided in
this section.
SECTION 6. Breaks. Employees are entitled to two 15-minute breaks, unless an emergency
requires continued work, as determined by the employee's supervisor. An employee shall be
permitted to take one break during the first half of the work shift and one break during the
second half of the work shift. Breaks shall be scheduled to ensure that public counters and
telephones are covered at all times during the regular working day and are designed to provide a
period of relaxation and/or nutrition during each half of the working day. If a break is not taken,
it shall not be accumulated, but shall be lost and not charged in the future to the City.
SECTION 7. Direct Deposit. Effective July 1, 2007, all new City employees are required to
participate in the City's direct paycheck deposit program. City employees hired priar to July 1,
2007 who do not participate in the direct deposit program will need to appear in person and sign
for release of their paychecks from the City's Finance Department.
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Article XX
TRAVEL EXPENSE ALLOWED
SECTION 1. Mileage Reimbursement. Expense claims for the use of private automobiles must
be authorized and submitted through the Department Head and to the Accounts Payable division
of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be
reimbursed at the rate per mile allowed under the current IRS regulations.
SECTION 2. Out of City Travel. If the estimated expense of contemplated travel out of the City
is too great to expect the employee to finance the trip and be reimbursed upon his return, the City
Manager may authorize advance payment of the estimated amount of the travel expense to the
employee.
A. Coach class airplane passage will be considered standard for out-of-town travel.
B. Use of personal cars for out-of-City trips, within the State, may be approved by the
City Manager when use of commercial transportation is not available or practical. If
an employee prefers to use his personal car, he may be reimbursed mileage expenses
as long as the expenses do not exceed the amount of the cost of the commercial
transportation.
1) The rate per mile allowed under the current IRS regulations shall be approved for
use of personal cars when City cars are not available.
SECTION 3. Transportation and Expense Char Air, rail, or public transportation used and
expenses for local transportation, such as taxicabs and bus fare, will be allowed whenever such
transportation is necessary for conduct of City business. In addition, the following expenses and
charges will be allowed, whenever necessary, for conducting City business:
A. Expense will be allowed for adequate lodging. Hotel accommodations shall be
appropriate to the purpose of the trip.
B. Telephone and fax charges will be allowed for official calls and transmissions.
C. Expenses for meals will be reimbursed according to Administrative Policy Number 4.13.
Article XXI
SAFETY AND HEALTH
SECTION 1. The City and the employees of the City agree to comply with all applicable
Federal, State, and City laws, codes, and policies that relate to health and safety. In addition, the
City and OMCEA agree to actively pursue the continuation of safe working procedures and
environments.
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Article XXII
CITY RIGHTS
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this MOU or by
law to manage the City, as such rights existed prior to the execution of this MOU. The sole and
exclusive rights of Management, as they are not abridged by this MOU or by law, shall include,
but not be limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts which are the basis of the
Management decision.
C. To determine the necessity of arganization of any service or activity conducted by the
City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to be
provided to the public.
E. To determine the methods of financing.
F. To determine the types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract any work or
operation of the City.
I. To assign work to and schedule employees in accardance with requirements as
determined by the City, and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work, economic conditions, or similar
non-disciplinary reasons.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, ar otherwise discipline employees for proper cause.
M. To determine job classifications and to reclassify employees and to determine the
classifications to be assigned to the bargaining unit.
N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in
accordance with this MOU.
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O. To determine policies, procedures, and standards for selection, training, and
promotion of employees.
P. To establish employee performance standards including, but not limited to, quality
and quantity standards; and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this MOU.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
SECTION 2. Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated exercise of
Management's rights shall impact on a significant number of employees of the bargaining unit,
the City agrees to meet and confer in good faith with representatives of OMCEA regarding the
impact of the contemplated exercise of such rights prior to exercising such rights, unless the
matter of the exercise of such rights is provided for in this MOU or in Personnel Rules and
Salary Resolutions and Administrative Code, which are incorporated in this MOU. By agreeing
to meet and confer with OMCEA as to the impact and the exercise of any of the faregoing City
Rights, Management's discretion in the exercise of these rights shall not be diminished.
Article XXIII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION l. Dues Deductions/A e ncv Sho The City shall deduct for dues and OMCEA
benefits on a bi-weekly basis from the pay of all employees in the classifications and positions
recognized to be represented by OMCEA. These deductions shall be made utilizing a mutually
agreed upon form to be provided for this purpose. The City shall remit such funds to OMCEA
within ten (10) days following their deduction. OMCEA is an Agency Shop association. This
means each employee must either be a dues paying member of the association, or, in lieu of
membership, pay a service fee to the association as the exclusive representative of his position,
or, if he qualifies, may designate a certain non-profit agency to which he will pay an equivalent
amount. Adherence to the Agency Shop provision is a condition of employment.
SECTION 2. Indemnification. OMCEA agrees to hold the City harmless and indemnify the
City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal
of such funds to OMCEA, except the intentional failure of the City to transmit to OMCEA
monies deducted from the employees pursuant to this Article.
SECTION 3. Newly Hired Emplo.yees• The City will provide OMCEA with a list of any new
hires into the bargaining unit within 30 days of receipt of a request for such list by OMCEA.
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SECTION 4. Bulletin Boards. OMCEA shall have the right to use bulletin boards on City
premises for the purpose of posting announcements and OMCEA information. The City will
furnish bulletin board space on one (1) existing bulletin board to be selected by OMCEA at each
location where there are five (5) or more employees. The bulletin boards shall be used for the
following subjects only:
A) OMCEA recreational, social, and related Union news bulletins.
B) Scheduled OMCEA meetings.
C) Information concerning OMCEA elections and the results thereof.
D) Reports of official OMCEA business, including OMCEA newsletters, reports of
committees, or the Board of Directors.
E) Any other written material which first has been approved and initiated by the
designated City representative at each facility. The designated City representative
must either approve or disapprove a request for posting within 24 hours, excluding
Saturday, Sunday, and legal holidays, from the receipt of the material and the
request to post it. The designated City representative shall not unreasonably
withhold permission to post.
SECTION 5. Except as limited by specific and express terms of this MOU, OMCEA hereby
retains and reserves unto itself all rights, powers, and authority, confirmed on and vested in it by
the laws and Constitution of the State of California and/or United States of America.
Article XXIV
GRIEVANCE PROCEDURE
SECTION 1. Definition of Grievance. A grievance shall be defined as a timely complaint by an
employee or group of employees of OMCEA concerning the interpretation or application of
specific provisions of this MOU or of the Rules and Regulations governing personnel practices
or working conditions of the City. An employee complaint concerning his own discipline shall
be processed in accordance with Article XXV.
SECTION 2. Business Days. Business days means those days in which the City's administrative
offices are open.
SECTION 3. Time Limits for Filing Written Formal Grievances. The time limits for filing
written formal grievances shall be strictly construed, but may be extended by mutual agreement
evidenced, in writing, and signed by a duly authorized representative of the City and the grieving
party. Failure of the grieving party to comply with any of the time limits set forth hereunder
shall constitute waiver and bar further processing of the grievance. Failure of the City to comply
with time limits set forth in this Section shall automatically move the grievance to the next level
in the Grievance Procedure. The grieving party may request the assistance of OMCEA in
presenting a grievance at any level of review or may represent himself.
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SECTION 4. Informal Grievance Process. An employee must first attempt to resolve a
grievance on an informal basis by discussion with his immediate supervisor without undue delay.
Every effort shall be made to find an acceptable solution to the grievance by these informal
means at the most immediate level of supervision. At no time may the informal process go
beyond the division head concerned. In order that this informal procedure may be responsive, all
parties involved shall expedite this process. In no case may more than ten (10) business days
elapse from the date of the alleged incident giving rise to the grievance, or when the grievant
knew or should have reasonably become aware of the facts giving rise to the grievance and the
filing of a written formal grievance with the Human Resources Director of the City, with a copy
to the Department Head in which the employee works. Should the grievant fail to file a written
grievance within ten (10) business days from the date of the incident giving rise to the grievance,
or when grievant knew or should have reasonably become aware of the facts giving rise to the
grievance, the grievance shall be barred and waived.
SECTION 5. Formal Grievance Process, Human Resources Director, Department Head. If the
grievance is not resolved through the informal process, and the written grievance is filed within
the time limits set forth above, the grievant shall discuss the grievance with the Human
Resources Director and the Department Head. The Human Resources Director and the
Department Head shall render a decision and comments, in writing, regarding the merits of the
grievance and return them to the grievant within ten (10) business days after receiving the
grievance.
SECTION 6. Formal Grievance Process, Citv Mana er. If the grievance is not resolved in
Section 5 above, or if no answer has been received from the Human Resources Director and
Department Head within ten (10) business days from the presentation of the written grievance to
the Human Resources Director and Department Head, the written grievance shall be presented to
the City Manager, or his duly authorized representative, for determination. Failure of the
grievant to take this action will constitute a waiver and bar to the grievance, and the grievance
will be considered settled on the basis of the last Management grievance response. The City
Manager, ar his duly authorized representative, shall render a final decision on the merits of the
grievance and comments, in writing, and return them to the grievant within ten (10) business
days after receiving the grievance. After this procedure is exhausted, the grievant, OMCEA, and
the City shall have all rights and remedies to pursue said grievance under the law. The City shall
instruct its supervisors on the proper use and implementation of this grievance procedure and
every reasonable effort shall be made by the employee and the supervisor to resolve the
grievance at the informal step.
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Article XXV
DISCIPLINARY APPEALS PROCEDURE
SECTION l. Disciplinary A peals• Any employee who has obtained regular status, and any
promotional probationary employee shall have the right to appeal any termination, suspension,
reduction in salary, or non-probationary demotion. The right to appeal shall not apply to
probationary, non-benefited part-time, temporary, or seasonal employees covered by this MOU.
Verbal or written reprimands, probationary demotions, performance evaluations, and denial of
merit increases are not subject to appeal. However, an employee may submit a written rebuttal
to any verbal or written reprimand. In addition, the employee may also request said reprimand
be withdrawn from their official Personnel record after one (1) year. However, such removal
shall be at the complete discretion of the Human Resources Director.
SECTION 2. Formal Disciplinar ppeals Process. An employee desiring to appeal a
supervisor/manager's decision to take disciplinary action shall have up to ten (10) business days
after receipt of the notice of intent to discipline to file either a verbal or written appeal to the
Department Head. If, within the appeal period, the employee does not file an appeal, unless
good cause for the failure is shown, the disciplinary action shall be considered final and shall
take effect as prescribed. If the employee does file a notice of appeal within the appeal period,
the Department Head shall consider the merits of said appeal prior to implementation of any
disciplinary action. In the event the Department Head upholds the disciplinary action, said action
shall be implemented immediately.
An employee may appeal the Department Head's decision to the City Manager or, at the City
Manager's discretion, to his designee, as long as such designee is not a manager from the
department of the employee filing said appeal. An employee may appeal any termination,
suspension, reduction in salary, or non-probationary demotion to the City Manager or his
designee. Any request for an appeal to the City Manager shall be submitted in writing to the
Human Resources Department within ten (10) business days of the Department Head's decision.
Failure to do so shall render the discipline final and constitute a waiver of any further
administrative or judicial appeals. The appeal to the City Manager may be either in the form of a
written appeal or an oral presentation. Termination appeals may be further processed in
accordance with the provisions of Section 3 below.
SECTION 3. Formal Process for Terminations, Advisory Hearing Officer. A non-probationary
terminated employee may request a full evidentiary hearing within 15 business days of the date
of any notice of termination. Failure to request a hearing within the 15-day period constitutes a
waiver of the hearing. In lieu of a hearing, a terminated employee may submit a written response
to the City Manager within the 15-day period. Requests for extensions to file a written response
must be made within the 15-day period. If a hearing is requested to challenge the imposition of
termination, a full evidentiary hearing shall be held by a Hearing Officer who shall render an
advisory decision.
If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from
the State Mediation and Conciliation Service a list of seven (7) qualified Hearing Officers. Each
party shall alternately strike one (1) name from the list until only one (1) person remains, who
shall be the Hearing Officer. The determination as to which party strikes first shall be made on a
random basis.
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A. Fees for retaining the Hearing Officer and other costs related to conducting the
hearing, for example employing a court reporter, shall be shared equally by the City
and the employee. The City and the employee shall each be responsible for securing
and paying for their respective representation at the hearing, if any.
B. The Hearing Officer shall determine whether good cause exists for the imposition of
the termination and, if not, the appropriate degree of discipline. The decision of the
Hearing Officer is remitted to the City Manager for final disposition.
C. The City Manager, or his duly authorized representative, shall render a final decision
on the Hearing Officer's comments and recommendation, in writing, and return them
to the employee within ten (10) business days after receiving the Hearing Officer's
findings.
D. After this procedure is exhausted, the employee and the City shall have all rights and
remedies to pursue said appeal under the law.
Article XXVI
NO STRIKE-NO LOCKOUT
SECTION 1. Prohibited Conduct. OMCEA, its officers, agents, representatives and/or members
agree that during the term of this MOU, they will not cause or condone any strike, walkout,
slowdown, sick-out, or any other job action by withholding or refusing to perform services.
SECTION 2. The City agrees that it shall not lock out its employees during the term of this
MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall, or failure to return to work of employees of the City in the
exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or
law.
SECTION 3. Any employee who participates in any conduct prohibited in Section 1 above may
be subject to termination by the City.
SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the
City, if OMCEA fails, in good faith, to perform all responsibilities listed below in Section A,
OMCEA Responsibility, the City may suspend any and all of the rights, privileges, accorded to
OMCEA under the Employee Relations Resolution in this MOU, including, but not limited to,
suspension of recognition of OMCEA, the grievance procedure, right of access, check-off, the
use of the City's bulletin boards, and facilities.
SECTION 5. OMCEA Responsibilitv.
A. In the event that OMCEA, its officers, agents, representatives, or members engage in any
of the conduct prohibited in Section 1 above, Prohibited Conduct, OMCEA or its duly
authorized representatives shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they should
immediately cease engaging in conduct prohibited in Section 1 above, Prohibited
Conduct, and return to work.
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B. If OMCEA performs all of the responsibilities set forth in paragraph (A) above, its
officers, agents, and representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this MOU in violation of Section 1 above.
Article XXVII
OMCEA REPRESENTATIVES
SECTION 1. The City agrees to recognize up to six (6) OMCEA representatives.
SECTION 2. OMCEA shall have the responsibility to notify the City, in writing, of the names of
its duly authorized representatives. The City shall have no obligation to recognize or deal with
any employee as a representative unless he is on the designated representative list.
SECTION 3. Representatives shall not log compensatory time, overtime, or any other premium
time and one-hal fl pay for time spent performing any function as a representative.
SECTION 4. OMCEA representatives shall be allowed to use City available facilities to hold
meetings. In addition, each representative shall be allowed one (1) hour of paid release time per
month for the purpose of attending OMCEA Board meetings. OMCEA will make advanced
notification to a designated management representative as to the time and date of such meetings
and names and departments of persons attending on release time.
A. Release time for monthly Board meetings will normally be taken in conjunction with the
employees' lunch break or toward the end of the work shift.
B. Such hours are not cumulative from month to month, and/or fiscal year to fiscal year, and
are chargeable only at the rate of one (1) hour per month up to a limit of twelve hours per
fiscal year.
C. Employees who receive this compensation are listed in Section 1 above and shall receive
no other compensation other than the one (1) hour pay up to a maximum of twelve hours
per fiscal year.
Article XXVIII
LAYOFF PROCEDURE
When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution
No. 8178, as incorporated below, shall be used as the established layoff policy and procedure.
SECTION 1. Purpose. The purpose of this policy is to establish and communicate the City's
procedures when a layoff or reduction in force is necessary.
SECTION 2. Scone. All OMCEA employees are subject to reduction in force at the direction of
the City Manager.
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SECTION 3. Policv. The City retains the right to abolish any position, reduce the work force
and layoff employees when it becomes necessary due to economic conditions, organizational
changes, lack of work, or because the necessity for a position no longer exists. Whenever
possible, the City will advise OMCEA of their intent at least ten (10) calendar days in advance of
the effective date. The City's layoff policy provides the following criteria to be followed during
a reduction in force.
SECTION 4. Procedure.
A. Order of Reductions in Force (Layoff and Demotion). Within a department and by
classification, the order of layoff or demotion shall be as follows:
1) Temparary employees (19 hours or less);
2) Initial probationary employees;
3) Regular part-time employees (20 but less than 40 hours);
4) Regular full-time employees (40 hours).
B. La offs.
1) Layoffs and demotions shall be based on City-wide seniority, except, negative
performance during the past three (3) years will be considered to determine the
order of layoff. Negative performance and disciplinary actions will include the
following:
a) Denial of inerit increases;
b) Suspension without pay;
c) Extensions of probationary periods;
d) Disciplinary demotions to lower level positions;
e) Disciplinary reductions in pay;
fl Performance evaluations containing significant, negative written comments
indicating improvement needed and warning of further consequences to follow
if improvement fails to occur.
A single negative disciplinary action as described above will not reduce the
employee's seniority. However, each additional disciplinary action during the three
3) year period will reduce the employee's seniority by two (2) years for each
additional occurrence, for a possible reduction of six (6)years.
2) The order of layoff shall be established by the Human Resources Director,
including seniority and results of review of performance evaluations and prior
disciplinary actions.
3) The order of layoff will be the least senior employee as determined by the
procedure above.
4) Prior to the establishment of the final order of layoff, the Human Resources
Director shall furnish affected employees a copy of the "Proposed Order of
Layoff." Notice will be hand delivered to employees whenever possible.
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5) If the employee wishes to contest the application of the criteria set forth in this
policy to his position on the list, he may appeal with any supporting materials to
the Human Resources Directar. This request should be directed to the Human
Resources Director within seven (7) calendar days following the establishment and
distribution of a "Proposed Order of Layoff' list. The employee will be allowed
representation during the appeal process.
6) After meeting with all employees wishing to be heard with respect to their position
on the layoff list, the Human Resources Director or his designee shall establish the
Final Order of Layoff' list. The decision of the Human Resources Director shall
be final and not subject to the grievance process ar further appeal.
C. Written Notice.
Employees to be laid off shall be provided written notice at least ten (10) calendar days in
advance of the layoff date. Notice will be hand delivered to the employee whenever
possible. If personal delivery is not possible, the notice will be sent by certified mail to
the last known residential address.
D. Transfer or Demotion in Lieu of La.
1) Whenever employees are to be laid off, they may transfer or demote to another
vacant position in their own department or other departments providing that:
a) The positions are at the same or lower level;
b) Positions are authorized, budgeted, and the City intends to fill the vacancies;
c) The employee meets the qualifications of the new position as determined by the
Human Resources Director.
2) Whenever employees are to be laid off, they may demote to lower level, filled
positions within their department providing they meet all of the following criteria:
a) Possess the minimum qualifications for the class within the classification series;
b) Employee meets or can reasonably meet qualifications for the new position as
determined by the Human Resources Director or can reasonably meet the
qualifications within one (1) month following appointment;
c) Possesses greater seniority to displace a lower level worker;
d) Requests in writing a reduction to the previously held or supervisory position
within ten (10) calendar days of receiving the notice of layoff or voluntary
demotion. A voluntary demotion shall not reflect as a negative action in the
employee's personnel file.
E. Re-employment Lists.
1) Regular employees in good standing who are laid off or demoted shall have their
name placed on a departmental re-employment list for the last classification
previously held. Names shall be placed on the list in inverse order of seniority.
Last released - first re-hired). Vacancies the department desires to fill will be
offered first to eligibles on the departmental re-employment list.
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2) Other hiring departments who have vacancies the City desires to fill will give
priority consideration to those employees whose names appear on the re-
employment list. If these employees are not selected for re-hire, the reason for
non-selection must be approved by the Human Resources Director.
3) Names of qualified individuals shall remain on re-employment lists for a period
not to exceed two (2) years from the date of layoff. Individuals who qualify for
re-hire but do not respond to written notification to the last known address on file
within ten (10) calendar days or who refuse two (2) job offers shall have their
names removed from the re-employment list. Once re-hired, employee names are
removed from all re-employment lists.
4) When an employee is rehired under the provisions of E. 1, 2, or 3 above, the
employee will retain the seniority that he had upon leaving the City service for the
purposes of vacation benefits, sick leave benefits, and overall calculation of City-
wide seniority. This provision would apply to employees reinstating to City
service within 18 months of layoff date.
SECTION 5. Non-Discrimination in Reduction in Force. Layoffs and demotions, which result
from a reduction in force, shall be made without regard to an employee's actual or perceived
race, color, national origin, religion, sex, gender identity, physical or mental disability, medical
condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual
orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered
veteran, or service in the uniformed services (as defined by the Uniformed Services Employment
and Re-employment Rights Act of 1994) or any other lawfully protected class.
Article XXIX
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
SECTION 1. It is the intent of the parties hereto that the provisions of this MOU shall supersede
all prior agreements and memorandums of agreement, letters of understanding, or memorandums
of understanding, or contrary salary and/or personnel resolutions or Administrative Codes,
provisions of the City, oral and written, expressed or implied, between the parties, and shall
govern the entire relationship and shall be the sole source of any and all rights which may be
asserted hereunder. This MOU is not intended to conflict with Federal or State law.
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Article XXX
WAIVER OF BARGAINING DURING THE TERM OF THIS
MEMORANDUM OF UNDERSTANDING
SECTION 1. During the term of this MOU, the parties mutually agree that they will not seek to
change, negotiate or bargain with regard to wages, hours, benefits, and terms and conditions of
employment, whether or not covered by this MOU or in the negotiations leading thereto, and
irrespective of whether or not such matters were discussed or were even within the
contemplation of the parties hereto during the negotiations leading to this Memorandum.
Regardless of the waiver contained in this Article, the parties may, however, by mutual
agreement, in writing, agree to meet and confer about any matter during the term of this
Memorandum.
Article XXXI
EMERGENCY WAIVER PROVISION
SECTION 1. In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, wind, insurrection, civil disorder, national emergency, or similar circumstances,
provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the
City's ability to respond to these emergencies, shall be suspended for the duration of such
emergency. After the emergency is declared over, this MOU will be reinstated immediately.
OMCEA shall have the right to meet and confer with the City regarding the impact on employees
of the suspension of the provisions in the MOU during the course of the emergency.
Article XXXII
MOU TERMS SEVERABLE
SECTION 1. Should any provision of this MOU be found to be inoperative, void, or invalid by a
court of competent jurisdiction, or by enactment of Federal ar State legislation, all other
provisions of this MOU shall remain in full force and effect for the duration of this MOU.
Article XXXIII
TERM OF MEMORANDUM OF UNDERSTANDING, NO LAYOFF CLAUSE,AND
RELATIONSHIP WITH OTHER REPRESENTED NON-SAFETY BARGAINING
UNITS
The term of this MOU shall commence on July 1, 2013 and shall continue in full force and effect
until June 30, 2015. The City agrees that it will not layoff any OMCEA employees as long as
employees are subject to the current work furlough.
If, during the term of this MOU, another represented non-safety City of Orange bargaining group
receives an across the board salary or benefit increase more than as set forth in this
Memorandum of Understanding, the City would agree to provide the same for OMCEA.
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Article XXXIV
RATIFICATION AND EXECUTION
The City and OMCEA acknowledge that this MOU shall not be in full force and effect until
ratified by OMCEA and adopted by the City Council of the City of Orange. Subject to the
foregoing, this MOU is hereby executed by the authorized representatives of the City and
OMCEA and entered into this 25th day of March, 2014.
CITY OF ORANGE ORANGE MAINTENANCE AND
CRAFTS EMPLOYEES' ASSOCIATION
By: fitt.J By:
Teresa E. ith, Mayor Ju n To s, CEA President
y
By,
Steven is, OMCEA Vice President
By:
David amora,, e a /Treasurer
B ,y:
Daniel Prado, O CEA Board Member
Approved as to form:
Jeffrey C. Freedman
Special Counsel for the City
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APPENDIX "A"
ORANGE MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE NOVEMBER 6, 2011
RANGE STEP STEP STEP STEP STEP STEP '`
Classification Title A B C D E F
Chemical Sprayer 456 3467 3644 3830 4025 4230 4446
Custodian 414 2812 2955 3106 3264 3431 3606
Equipment Maint Leadworker 501 4339 4561 4793 5038 5295 5565
Equipment Mechanic I 471 3736 3927 4127 4338 4559 4791
Equipment Mechanic II 491 4128 4339 4560 4793 5037 5294
Equipment Operator 483 3967 4169 4382 4605 4840 5087
Equipment Parts Technician 471 3736 3927 4127 4338 4559 4791
Maintenance Worker 433 3091 3249 3415 3589 3772 3964
Parks Maint Leadworker 491 4128 4339 4560 4793 5037 5294
Parks Maintenance Worker I 433 3091 3249 3415 3589 3772 3964
Parks Maintenance Worker II 453 3415 3590 3773 3965 4167 4380
Public Works Maintenance 491 4128 4339 4560 4793 5037 5294
Leadworker
Public Works Maint Worker I 433 3091 3249 3415 3589 3772 3964
Public Works Maint Worker II 453 3415 3590 3773 3965 4167 4380
Skilled Maint Leadworker 496 4232 4448 4675 4914 5164 5427
Skilled Maintenance Worker—476 3831 4026 4231 4447 4674 4912
Facilities
Skilled Maintenance Worker—476 3831 4026 4231 4447 4674 4912
Parks
Skilled Maintenance Worker—476 3831 4026 4231 4447 4674 4912
Public Works
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APPENDIX "A"
ORANGE MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES (Continued)
EFFECTIVE JUNE 29, 2014
3.0% Across the Board Salary Increase
RANGE STEP STEP STEP STEP STEP STEP
Classification Title A B C D E F
Chemical Sprayer 462 3572 3754 3946 4147 4359 4581
Custodian 420 2897 3045 3200 3363 3535 3715
Equipment Maint Leadworker 507 4471 4699 4939 5191 5455 5734
Equipment Mechanic I 477 3850 4046 4252 4469 4697 4937
Equipment Mechanic II 497 4254 4470 4698 4938 5190 5455
Equipment Operator 489 4087 4296 4515 4745 4987 5241
Equipment Parts Technician 477 3850 4046 4252 4469 4697 4937
Lead Custodian 450 3365 3536 3717 3906 4105 4315
Maintenance Worker 439 3185 3348 3518 3698 3886 4084
Parks Maint Leadworker 497 4254 4470 4698 4938 5190 5455
Parks Maintenance Worker I 439 3185 3348 3518 3698 3886 4084
Parks Maintenance Worker II 459 3519 3699 3887 4086 4294 4513
Public Works Maintenance 497 4254 4470 4698 4938 5190 5455
Leadworker
Public Works Maint Worker I 439 3185 3348 3518 3698 3886 4084
Public Works Maint Worker II 459 3519 3699 3887 4086 4294 4513
Skilled Maint Leadworker 502 4361 4583 4817 5063 5321 5592
Skilled Maintenance Worker—482 3947 4148 4360 4582 4816 5061
Facilities
Skilled Maintenance Worker—482 3947 4148 4360 4582 4816 5061
Parks
Skilled Maintenance Worker—482 3947 4148 4360 4582 4816 5061
Public Works
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