RES-9137 MOU Water Department Employees Association effective 3-1-99 to 6-30-02RESOLUTION NO. 9137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ORANGE
AND THE WATER DEPARTMENT EMPLOYEES
ASSOCIATION (WDEA), CONCERNING WAGES, HOURS,
AND OTHER CONDITIONS OF EMPLOYMENT
EFFECTIVE MARCH 1. 1999 THROUGH JUNE 30. 2002
AND REPEALING RESOLUTION NO. 8595 AND
AMENDMENTS THERETO FOR SAID EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as "CITY," and the Water
Department Employees Association hereinafter referred to as "WDEA", have met and
consulted in accordance with requirements of the Meyers-Milias-Brown
Act; and WHEREAS, CITY and the WDEA have determined wages, hours
and other conditions of employment effective March 1, 1999, through June 30,
2002, and repealed Resolution No. 8595 and amendments thereto for
said employees.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Orange that the attached Memorandum of Understanding (MOU) is approved
and incorporated by reference as Exhibit "A" as though fully set forth herein, and furthermore that
staff is authorized to adjust the Fiscal Year 1999/2000, 2000/2001, 2001/2002
budgets to refl'3ct the changes approved in
this resolution.ADOPTED this 13th day of
July,
1999.Attest:GlA1.n4APti/1(
P?/~Ar City Clerk of th ity
of Orange I 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
13th day of July 1999, by the
following
vote:
AYES:
NOES:ABSENT:COUNCILMEMBERS: Murphy, Slater, Coontz, SpUl:;geon,
Al varez
COUNCILMEMBERS: None
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
WATER DEPARTMENT EMPLOYEES
ASSOCIATION
Article
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
INDEX
Title of Article
Recognition
Non-
Discrimination Basic Compensation
Plan Hourly Rate for Part-Time, Beginning Rates, Advancement,
Special Assignment,Shift Bonus, Clothing Reimbursement, Work Shoe Allowance,
Bilingual Assignment
Performance Evaluation Working Out
of
Class WorkWeek Overtime/
Compensatory Time Callback Pay, Standby Pay and Comp Time
for
Callback Holidays Holiday Designation, Doubletime, Eligibility,
Floating
Holiday Vacation Accrual Chart, Usage and Accumulation,
Conversion, Pay-Out Benefit Determination for
Non Full-Time
Employees Leaves of Absence Without Pay, Personal Necessity Leave, Jury Duty and
Witness Services, Military Leave,Bereavement Leave, Sick Leave,
Family Leave, Industrial Leave,Family Care and Medical Leave
Act. Sick Leave
Conversion Fringe
Benefit Administration Health Benefits Premium Contribution, Flexible Benefits
Plan, Long Term Disability,State
Disability
Insurance. Life Insurance
Retirement Educational
Assistance
Program
Page
No.
1
1
1
5
6
6
6
8
9
11
12
13
XVIII Safety and Health 22
XVIII Probationary Period 22
XIX Promotion 23
XX Demotions 23
XXI Layoff Procedure 23
XXII City Rights 26
XXIII Employee Organizational Rights and Responsibilities 28
XXIV Representatives 29
XXV No Strike - No Lockout 30 XXVI
Grievance Procedure 31 XXVII
Sole and Entire Memorandum of Understanding 32 XXVIII
Waiver of Bargaining During Term of this Agreement 32 XXIX
Emergency Waiver Provision 33 XXX
Miscellaneous Provisions 33 Rideshare
Incentive Program, Eyeglass Replacement, Break, Uniforms XXXI
Travel Expense Allowed 34 XXXII
Separability 35 XXXIII
Term of Memorandum of Understanding 35 XXXIV
Ratification and Execution 35 Appendix '
A' Monthly Salary Ranges 36 11
Article I
RECOGNITION
SECTION 1. Pursuant to the provisions of the Employee Relations Resolution No.
3611 of the City of Orange, the City of Orange (hereinafter called the "City"), has
reco!Jnized Water Department Employees' Association (hereinafter called the "WDEA")
as the majority representation for the classifications described in Appendix "A" for the
purpose of meeting 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"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 WDEA
activities in accordance with the Employer-Employee Relations Resolution
and
Government Code Sections 3500et.~SECTION 2. The City and the WDEA agree that
they shall not discriminate against any employee because of race, color, sex, age,
national origin, political or religious opinions, affiliations or any other lawfully protected class.
The City and the WDEA shall reopen any provision of this Agreement for the
purpose of complying with any 11nal order of a Federal or State agency or court
of competent jurisdiction requiring a modification or change in any provision or provisions of
this Agreement in compliance with state
or federal anti-discrimination laws.SECTION 3. Throughout this
Memorandum of Understanding the masculine gencler shall be used, it shall be
understood to include feminine gender.SECTION 4. The term "employee(s)" shall refer
only to those employees covered
by this
Memorandum of Understanding.
Article III BASIC COMPENSATION PLAN SECTION 1. Salaries effective June 20, 1999, June 18,
2000, and July 1, 2001 for Elmployees are listed in Appendix 'A'. The salary
schedules in Appendix 'A' are incol"porated into the MOU as monthly amounts based on a 40
hour work week
SECTION 2. HOURLY RATE PART-TIME
EMPLOYEES.A. For all employees who have a regular weekly work schedule of
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 Y,
cent.B. Regular part-time employees who are scheduled to work on
an average of at least 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 hours (1,
040 hours) of regular part-time
employment shall equal six months' service.SECTION 3. BEGINNING RATES. A new employee
of the City of Orange shall be paid the rate shown in the 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 Personnel Director, such employee may be placed in Step "B", "
C", "D", "E", or "F"
depending upon the employee's qualifications,SECTION 4. SERVICE. The word service
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 Memorandum of Understanding. An employee re-entering the service of the City shall
be considered as a new employee, except that he may be re-employed in the
same classification 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 5. ADVANCEMENT WITHIN 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 5 (
A) (3) below. Advancement through the salary range may be granted
only for continuous, meritorious, and efficient service, and continued improvement 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
1) The department head shall file with the Personnel 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 Personnel Director, together with the reasons therefore, shall be
returned to the department head.
2) The recommendation of the department head after the approval
of the Personnel Director shall be forwarded to the Payroll Division of the
Finance Department for change of payroll status.
3) Advancement through the pay range 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 Personnel Director that said employee be advanced
to a higher pay step without regard to the minimum length of service provisions
contained. The Personnel Director may, on the basis of a department head's
recommendation, approve and effect such an advancement.
C. Length 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 the above paragraph of this section,
SECTION 6. 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 head of the department in which he is
employed with the approval of the Personnel Director. Procedure for such reduction
shall follow the same procedure as outlined for merit advancement in Section 5 and
such employee may be considered for re-advancement under the same provisions
as contained in Subsection (B) of Section
5.SECTION 7. SPECIAL ASSIGNMENT. The Public Works - Water Division shall
establish two special assignments as Welders. Public Works Water Division employees
covered by the terms and conditions of this agreement may be so assigned at the
discretion of the Department head or designee. Water Division personnel so assigned
and performing these and related duties shall receive $100.00 per month during the
period of such special assignment.
A. Special Assignment Guidelines. Water Division personnel assigned to
positions specified in Section 7 above shall move on a step-to-step
basis without changing
anniversary
B. All special assignments to positions set forth in Section 7 above of
Water Division employees shall be made or revoked at the discretion of the
Department head or designee.
C. The City's share of the employee's PERS contribution will not be
included in computing the differential set forth in Section 7 above.
D. There is no period of probation required in a special assignment and
no permanency or seniority may be obtained in a special assignment. A regular
full-time or part-time employee in a classification retains that
current classification during
special assignments.SECTION 8. SHIFT BONUS. All employees who are assigned to shifts
that start between 1200 hours (12:00 p.m.) and 0600 (6:00 a.m.) shall receive a two
percent (2%)bonus based upon the employee's base salary for all hours worked.
Employees who are assigned shifts that start between 0600 hours (6:00 a.m.) and 1200 (12:00 p.
m.) are not entitled to
this compensation,SECTION 9. CLOTHING
REIMBURSEMENT ALLOWANCE.A. Allowance. The City shall contribute up to $100 per
employee toward the clothing reimbursement allowance per fiscal year. Effective January 1,
2000, the clothing allowance will be increased by $25 per employee (or $125 total) for
fiscal year 19B9/2000. Effective January 1, 2001, the clothing allowance will be increased
by $25 or total $150) per employee for fiscal year
2000/2001.B. Reimbursement Request. Employees may submit a
request for reimbursement once per
fiscal year.C. Clothing. The City shall reimburse employees for the
following articles of G10thing which are to be worn on the job: blue jeans, white crew socks,
white walking socks and one pair of shorts
per year.The following articles of clothing are not considered
reimbursable clothing under this MOU: polo shirts, T-shirts, jackets, windbreakers, dress
socks, dress slacks,and other types of clothing not specifically reimbursable under
the above guidelines.SECTION 10. WORK SHOE ALLOWANCE. Employees are
required to wear saf,ety shoes with steel toes while on duty. Inspection of the work site will be
made on a regular basis to ascertain compliance to the
safety shoe program.A. Allowance. Effective July 1, 1999, the City will contribute
up to $240 on a fiscal year basis per employee toward a work shoe allowance.
Effective July 1,2000, the City will contribute up to $250 on a fiscal year basis per
employee toward a
work
B. Applicability. The Work Shoe Allowance will be applicable towards the
purchase of steel-toe safety boots (ANSI standards dpproved), arch supports,
insoles and water
conditioner.SECTION 11. BILINGUAL ASSIGNMENT. 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 the frequency of
use;B. All Bilingual Assignments must be approved by the Personnel
Director or his/her
designee;C. Employees receiving Bilingual Assignment compensation
must successfully pass a proficiency test on an annual basis, as
determined by the Personnel
Department;D. No permanency or seniority may be obtained in a Bilingual
Assessment and such assignment may be revoked at any time by the
Personnel Director or by his
designee;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 per month in addition to their regular salary for the duration of
the
assignment.Article
IV PERFORMANCE
EVALUATION SECTION 1. Any dispute as to the contents of the performance evaluation
shall first be discussed with the immediate supervisor. If not resolved, the employee
may appeal the disputed evaluation through the appropriate chain of command up to
the department head whose decision shall be final and
binding.SECTION 2. Notwithstanding Section 1 above, in the event a
substantial disa!~reement regarding the content of the performance evaluation continues,
the employee may submit a clarifying memorandum which shall become a part of
the Performance Evaluation and shall be filed with the Performance Evaluation in
the employee's personnel file in the Personnel
Department.
Article V
WORKING OUT OF CLASS
SECTION 1. The City may work employees out of classification for up to 120
consecutive working hours without additional compensation.
SECTION 2. Working out of class assignments shall only be made for positions
vacated due to illness or an approved leave of absence. To qualify for working out of
class pay, the employee must be performing all the significant duties of the higher level
position. 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 in
the higher classification on the 121 st consecutive hour out of class, and for each
consecutive hour thereafter, an employee works out of class. The Department head or
designee shall assign the employee to work out of classification but shall notify the
Personnel Director prior to the assignment.
SECTION 3. During the 120 consecutive working hour eligibility period before an
employee is entitled to receive acting time pay, absence for any reasons, (sick leave,
compensatory time, vacation), except absence due to a regularly scheduled holiday or
a n3gularly scheduled day off, shall break consecutiveness and cause an employee to
be ineligible to receive acting pay.
Article VI
WORKWEEK
SECTION 1, The regular work week for all employees shall be 40 hours per
week.
SECTION 2. The department shall discuss changes in the established work
schedule with the affected employees prior to the implementation of the change.
Article VII
OVERTIME/COMPENSATORY TIME
SECTION 1. All employees shall be entitled to overtime compensation for all
hours worked in excess of 40 hours within the employee's regular work week.
SECTION 2. Overtime shall be paid either in the form of pay at the employee's
regular hourly rate or equal time off. The method of payment of overtime, either in cash
or equivalent time off, must be authorized and approved by the department head.
6
SECTION 3. Compensatory time shall be accumulated at the rate of one hour of
compensatory time for each one hour of overtime worked except for callback pay and
premium overtime. Callback time shall be accumulated in accordance with Article VIII.
Premium overtime shall be accumulated in accordance with Article VII, Section 8.
Only time actually worked (except callback) shall count in the computation of
overtime, except that for the term of this agreement, the time off for holidays falling in
any work week, Monday through Friday, or callback in accordance with Article VIII,
Section 1, shall be counted towards the computation of overtime.
SECTION 4. Compensatory time for overtime shall be accumulated in no less
than Y, hour per day increments. When an employee works less than Y, hour per day of
overtime, the employee shall not receive compensatory time for overtime of less than Y,
hour per day worked.
SECTION 5. In order to be entitled to overtime, such overtime must be
authorized by the department head or his designee.
SECTION 6. An employee shall not be entitled to accumulate compensatory
time in excess of 80 hours during any calendar year. Any accumulated compensatory
time accrued in excess of said 80 hours shall be automatically paid in the first pay
period of the new calendar year.
SECTION 7. Usage of compensatory time previously earned shall be as follows:
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 or his designee; provided, however, that
the department head or his designee gives an employee at least 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
or his designee will, as far as practicable, attempt to accommodate employee
convenience to the degree possible in light of the operational requirements of the
department.
SECTION 8. 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 VIII
herein, then such employee shall be entitled to premium overtime compensation at a
rate of time and a half.
SECTION 9. Nothing herein is intended to limit or restrict the authority of the City
to require any employee to perform overtime work.
7
SECTION 10. Whenever two or more premium compensation rates or overtime
rates may appear to be applicable to the same hour or hours worked by any employee,
thme shall be no pyramiding or adding together of such premium or overtime rates and
only the higher applicable rate shall apply.
SECTION 11. When an employee is promoted to a higher classification not
covered by this agreement, all compensatory time previously earned shall be paid in
cash at the time of the promotion and at the employee's current rate of pay prior to
promotion.
Article VIII
CALLBACK PAY. STANDBY PAY. AND COMP TIME FOR CALLBACK
SECTION 1, CALLBACK PAY. If, after completing his normal work shift,
and after having left City premises and/or the employee's work location, an
employee is required to be called back to work, the employee shall be
compensated at the rate of 1 Y, times the employee's equivalent hourly base rate for
each hour compensated as callback. An employee shall be compensated for a
minimum of two hours callback compensation or the equivalent time off at 1 Y, times
the actual hours worked, irregardless of whether the employee actually works less
than two hours. This provision applies even though an employee's regular work
week is not completed, but shall not apply to employees who are continuing on duty
for their normal work shift,
SECTION 2. STANDBY PAY. Employees, assigned by Management to
standby status after their regular work hours, will receive two hours of standby pay
at their straight time hourly rate.
SECTION 3. NO PYRAMIDING OF RATES. Whenever two or more
premium compensation rates or overtime rates may appear to be applicable to the
same hour or hours worked by an employee, there shall be no pyramiding or
adding together of such premium or overtime rates and only the higher applicable
rate shall apply.
8
Article IX
HOLIDAYS
SECTION 1. HOLIDAY DESIGNATION. Employees shall receive the following
paid nine hour holidays, except #9 below:
1) January 1 (New Year's Day)
2) The third Monday in February (President's Day)
3) Last Monday in May (Memorial Day)
4) July 4 (Independence Day)
5) First Monday in September (Labor Day)
6) November 11 (Veteran's Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) One-half day before Christmas, if December 24 falls on a Monday
through Thursday (Christmas Eve; 4.5
hours)10) December 25 (Christmas
Day)11) A total of 9 hours of floating holiday
time SECTION 2. HOLIDAYS ON CERTAIN DAYS OF THE
WEEK.A. In the event any of the above holidays falls on a Sunday, except the
one-half day before Christmas, the following day will be taken in lieu of the actual date on
which the holiday
falls.B. 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.C. When any of the above holidays falls on an employee's
regularly scheduled day off during the week, except the one-half day before Christmas,
the employees' holiday bank. will be credited with nine hours of holiday compensatory
time. Holiday compensatory time must be taken by the employee by the end of the calendar year in which
it is accrued.SECTION 3.
DOUBLE TIME PAY.A. All employees required to work on a holiday listed above
shall receive, with the approval of their supervisor, 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. Employees who work in excess of their regular number of hours on a holiday listed
above, shall receive double time pay for all such hours actually worked. Employees shall
receive no other compensation whatsoever for working
on
B. Employees whose regularly scheduled day off falls on the holiday or day
observed in lieu of the holiday as set forth in thb Article shall receive nine hours of
compensatory holiday time. Such holiday time must be taken by the end of each calendar
year.
SECTION 4. ELIGIBILITY TO RECEIVE HOLIDAY PAY. In order to be eligible to -receive
holiday pay, an employee must have worked, or be deemed to have worked bec:
ause of a lawful absence, not including personal necessity leave, 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,the
employee shall not be entitled to holiday pay.SECTION
5. HOLIDAY DURING 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. FLOATING HOLIDAY. Effective January 1 each employee will have one nine
hour Floating Holiday accrued per calendar year. Floating Holiday requirements are as
follows:A.
Floating Holidays shall be taken as time off from work no later than the end of
the calendar year in which it was accrued.B.
The Floating Holiday is not accumulative. Employees who terminate their employment
with the City prior to using the floating holiday shall receive cash reimbursement
for said holiday. Employees who do not use the Floating Holiday during the calendar
year it was accrued shall forfeit it.C.
Notwithstanding the above, the floating holiday shall be taken at the convenience
of the City with approval of the department head or his designee.D.
Probationary employees are provided with, and are eligible to use, Floating Holiday
and Holiday Hours according to the guidelines established in this Article, and/or,with
approval of the Personnel Director.E.
Employees hired after January 1 of each year shall receive a prorated portion
of the 9 hours.10
Article X
VACATION
SECTION 1. VACATION ACCRUAL. All full-time, regular employees who have
one year"s continuous service shall thereafter be entitled to a vacation per the
following Vacation Accrual
Chart.VACATION ACCRUAL
CHART After Year'
s of
Service Vacation
Hours Per
Year 1 through
4 5 through
10
11
12
13
14 15 through
24 25 or
more
80
120
128
136
144
152
160
200 SECTION 2. VACATION USAGE AND
ACCUMULATION.A. Vacation shall be taken at the convenience of the City with the approval
of the department head or his
designee.B. Vacation should be taken annually and not accumulated from year to
year,when
possible.C. 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 Personnel
Director,D. 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.E. Probationary employees accrue vacation, but may not use vacation until
the successful completion of an initial probationary period, except in the event of a City
Hall holiday closure with the approval of the Personnel
Director.SECTION 3. VACATION CONVERSION. An employee may convert up to 50%
of his current annual vacation accrual into pay, in lieu of time off with pay, once a
calendar year. An employee requesting such a conversion must meet the eligibility requirements
as set forth in Section
1.
SECTION 4. VACATION PAY-OUT UPON TERMINATION. Eligible full-
time and part-time regular employees who terminate their employment with the City shall
be paid for all accrued vacation, if any, and the prorated portion of their
final vacation 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 XI BENEFIT DETERMINATION FOR
NON FULL-TIME EMPLOYEES SECTION 1. DEFINITIONS. Nothing contained in this
section guarantees a specified number of hours per day or days per week or weeks per year or months per
year of work to any City employee, Employees who are not defined as
Full-Time Employees
may be defined as followed:A. Regular 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
employees 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.SECTION 2. REGULAR PART-TIME EMPLOYEES.
Entitlement to fringe benefits are based upon a proration of hours.
A. Regular part-time employees shall receive fringe benefits in proportion to the number of hours the
employee is scheduled to work per the City's
approved Budget, to the normal 40 hour week on an annual basis.
The annual schedule for all regular part-time employees shall be the schedule which is included
in the City's approved budget Q[ a schedule which is designated
by Management at the commencement of the employee's employment with the
City,B. This proration shall apply to the following fringe benefits:
holiday pay,vacation, sick
leave, flexible benefit plan contribution, life insurance 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
SECTION 3. TEMPORARY AND SEASONAL EMPLOYEES. Temporary and
Seasonal employees shall be entitled to receive no fringe benefits provided for in this
Memorandum of Understanding or in any resolution of the City, except those stated in this
MOll'S Article XV RETIREMENT, Section 3, or unless otherwise provided by Federal
and/or State Law.
Article XII
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 other leave benefits have been completely used, an employee, not under suspension,
may make written application to the department head for leave without pay. No such leave
will be considered without a written application from the employee requesting leave.
B. If the department head and the Personnel 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 working days, no seniority shall be accumulated.
D. Subject to and consistent with the conditions of the group heath, life or
disability plans, coverage may be continued during a leave of absence without pay,
provided direct payment of the total premium is made by the employee as prescribed the
Payroll Division of the City. The City will pay up to six months of the Flexible Benefit Plan
contribution for employees who are on long term disability leave.
E. At the end of such leave, if the employee desires additional leave, written
application must be made through the department head to the Personnel 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 a 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 up to, but not to exceed an additional six 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 the employee as
terminated from his employment with the City,
13
G. An employee on leave of absence must give the City at least seven day's
written notice of 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 Personnel Director and department
head may be subject to termination.
I. Any employee who falsifies the reason for request for said leave of absence
may be terminated for falsifying a request 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 Personnel Services Department.
SECTION 2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to
one (1) working day per month of Personal Necessity Leave for personal business with
approval of the department head or his designee.
A. A maximum of six working days of Personal Necessity Leave may be
allowed per fiscal year. Employees shall accrue no employment benefits for any Personal
Necessity Leave in excess of six days per fiscal year.
B. Personal Necessity Leave shall be without pay and shall not be
accumulated from month to month.
SECTION 3. JURY DUTY AND WITNESS SERVICE FOR CITY.
A. Jury Duty. When required to serve on a jury an employee shall have paid
time off for a period not to exceed 30 calendar days per calendar year for actual jury duty.
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.
B. Witness Service for the City. If an employee is called as a witness, on
behalf of the City, he shall receive his normal pay for the time spent by the employee -serving
as a witness for the City. Employees shall be required to pay to the City any witness
fees that accrue to the employee for his witness service as a condition of receiving his
normal pay while serving as a witness for the City.SECTION
4, 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.
14
1- ---
SECTION 5. BEREAVEMENT LEAVE. Employees shall be entitled to take up to
three days of paid Bereavement Leave per incident on the following terms and conditions:
A. Bereavement leave is limited to the death or critical illness where death of a
member of an employee's immediate family appears to be imminent. "Immediate family" as
used in this sub-section, 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.B. Up to three (3) days of
bereavement leave will be provided per incident,and shall not be charged to the employee's sick
leave account. If unused, this time shall not Garry over from year to year. An
employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons
therefor as soon as possible. Failure to inform his immediate supervisor, within a reasonable
period of time, may be cause for denial of bereavement leave
with pay for the period of absence.SECTION 6. 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 hours of sick leave will accrue for each month
of continuous service. Probationary employees may use
accrued sick leave during the probationary period,B. Sick leave will be charged at the rate of 1/2
hour for each Y,
hour of work 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 or his designee;2) Personal illness
or physical incapacity resulting from causes beyond the employee'
s control; including
pregnancy, childbirth and other medically related conditions;3) Family Leave. Family
Leave is charged against the employee's accumulated sick leave balance.
An employee may charge up to 27 hours per calendar year to
sick leave for reasons of family related illness or injury. Effective January
1, 2000, employees may use up to 36 hours per calendar
year of their
sick leave for family-related injuries or illnesses.4) Notwithstanding Section
7 below, no employee shall be eligible or entitled to sick leave with pay
for any illness or injury arising out
of
r -
D.
Sick Leave Application. Sick leave may be applied only to an absence caused
by illness or injury of an employee except as provided in C (3) above.E.
Sick Leave Charged. 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 1/2 hour,whllle
additional actual absence of over 1/2 hour shall be charged to the nearest full hour.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. Sick leave shall only be used for the purposes stated,and
each department head or his designee shall be responsible for control of employee abuse
of the sick leave privilege.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 620 hours.Siclk
leave hours in excess of such maximum shall be forfeited.G.
Retirement from City Service and Entering the Public Employees'Retirement
System. An employee shall receive no sick leave payout for the first 60 days of accrued
sick leave (0-480 hours), but shall receive 25% pay for the next 30 days of accrued
sick leave (481-720 hours), and 50% pay for all accrued sick leave thereafter (721
hours ancl
up).H. Death of an Employee. Upon the death of an employee while
employed by Ilhe 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 for payment
is received from the estate of the decedent
employee.I. Sick Leave
Conversion.1) Effective January 1, 2000, eligible employees with sick leave
usage of 0.0 to 27.0 hours per calendar year will have the option to
convert up to 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 27.5 to 36.0 hours per
calendar year may convert up to 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) The first conversion shall occur the first pay period of January,
2001,based upon sick leave usage in calendar year
2000.
SECTION 7. INDUSTRIAL LEAVE. A regular employee who is temporarily or
permanently incapacitated as a result of injury or illness determined to be compensable
under the Workers' Compensation Act shall be granted industrial leave on the following
terms and conditions:
A. An employee granted industrial leave shall continue to be compensated at
his regular rate of pay during the first 30 calendar days of his injury. Following this period,
the employee still on approved industrial leave shall be compensated at 80% of his regular
rate .of pay up to a maximum of 335 calendar days.
B. 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 for any payments made to the employee pursuant to (A) above.
C. An industrial leave of up to one year shall be authorized for each injury or
illness determined to be compensable under the Workers Compensation Act.
D. Except as provided in (B) above, no employee shall have accrued sick
leave deducted while on industrial leave. Vacation and sick leave shall accrue for an
employee on industrial leave.
E. Industrial leave shall expire when the first one of the following conditions
occurs:
1) Employee is able to return to work to his regular position:
2) The employee is able to return to work to another position
designated by the City;
3) The day before the employee is retired or separated for disability.
The employee's "retirement date" shall be the first of the month after all of the
following occur as determined by the Public Employees' Retirement System:
The employee's condition is determined to be permanent or of an
extended duration:
The degree of disability precludes continued employment by the
employee in his present position:
4) After 52 weeks of industrial leave.
17
F. Employees who have not previously submitted notification of Election of Personal
Physician are required to use only physicians and medical facilities approved by the City
during the 30 days after an occupational injury or illness is reported. After the first 30 day
period, an employee may change to a physician specified by him provided that the
physician has the expertise to treat the injury or illness and agrees to provide timely reports
to the City. An employee may request one change of physician during the 30 days after the -injury
or illness is reported.However,
if an employee has notified the City in writing, prior to the date of injury
that he has a personal physician, the employee shall have the right to be treated by such
physician from the date of injury providing that:1)
The physician has previously directed the medical treatment of the employee.
2)
The physician retains the medical records and history of the employee.
SECTION
8. FAMILY CARE AND MEDICAL LEAVE (FCML). State and Federal laws
require the City to provide family and medical care 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 Administrative Manual, Personnel Section, #2.61. Any provisions not set forth in
the Administrative Manual 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 CF:
RA.An
employee's request for leave is subject to review and final approval of the Personnel
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.
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
B. Use of Other Accrued Leaves While on Leave. If an employee requests
leavE! for any reason permitted under the law, he/she 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.
C. Required Forms. Employees must fill out required forms, available in the
Personnel Department, including: Request for Family or Medical Leave; Medical
Certification; Authorization for Payroll Deductions for Benefit Plan Coverage's (if
applicable); and he Fitness-for-Duty to Return
From Leave.
Article XIII 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 Memorandum
of Understanding.SECTION 2. SELECTION AND FUNDING. 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
Memorandum of Understanding, provided that the benefits of the employees shall be no less than
those in existence as of implementation of
this Agreement.SECTION 3. CHANGES. If, during the term of this Memorandum
of Understanding,any change of insurance carrier or method of funding for any benefit
provided hereunder occurs, the City shall notify WDEA prior to any change of insurance carrier or
method of fund ling
the coverage.
Article XIV
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 Premium Contribution. The City shall contribute an equal
contribution of 16.00 per month toward the payment of premiums under the PERS Health
Benefits Plan.To the extent required by law, this $16.00 amount is on behalf of each
eligible active employee, and each eligible retiree annuitant of PERS with the exception of Section
1 (B)Flexible Benefits Plan as
noted
I
B. Flexible Benefits Plan. The City shall provide a Section 125 Flexible
Benefits Plan for active full-time eligible employees and pay the following amounts
to provide funds for optional dental plans, vision plans, health plans, or as miscellaneous
pay:Effective Date Employee Only Two Party
Family March 1, 1999 $169.00 $276.00 $371.
00 January 1, 2000 $199.00 $334.00 $444.
00 January 1, 2001 $209.00 $349.00 $464.
00 January 1, 2002 $219.00 $364.00 $484.
00 The City's payment toward the Flexible Benefit Plan does not include
the1€LOO payment described in Section 1 (
A).C. Any amounts .in excess of the amounts designated in Section A and
B nec:essary to maintain benefits under any benefits plans selected by the employee shall
be borne by the
employee.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 not to 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 Personnel 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 $121.00 toward the Flexible Benefits Plan.
Effective January 1, 2000, eligible employees shall receive $200.00 towards the Flexible
Benefits
Plan.F. In the event that the employee loses his eligibility with the
comparable medical insurance plan, then, provided documentation is provided, the employee may (
re-enroll in the PERS Health Benefits Plan pursuant to their rules and
regulations.SECTION 2. LONG TERM DISABILITY BENEFITS. Effective July 1, 1999, the
City shall provide a long term disability plan which pays 60% salary after a 60 day
elimination period to a maximum of $3,000 per
month.SECTION 3. STATE DISABILITY INSURANCE. The City of Orange has entered
into -
a contract with the State of California for an integrated State Disability Plan concerning
employees in the WDEA.
20
A. The Disability Insurance Program is designed to serve the employees by
mail. They need not leave home or the hospital to raceive benefits. In order to apply, a
claim form must be obtained from the Personnel Department. They must fill out the "Claim
Statement of Employee" form completely and then have their doctor complete the "Doctor's
Certificate" section in order for the claim to 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 7th 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.
SECTION 4. LIFE INSURANCE. Effective July 1, 1999 the City shall contribute the
full premium toward a $23,000 life insurance policy for each employee.
Article XV
RETIREMENT
SECTION 1. Employees participate in the Public Employees' Retirement System.
The City agrees to pay 7% of the employee's base salary to the Public Employees'
Retirement System including the full contribution for the Survivors Benefit. Employees are
required to pay 4% of their salary, pre-taxes, to fund the PERS 2% at age 55
retirement formula, If the City agrees to pay for any or all of this 4% employee payment for any
other bargaining group, regardless of the effective date, the City agrees to pay the same
amount for employees, without meeting and conferring or concessions by the
employees.SECTION 2. The City will provide the PERS 1959 Survivor Benefit at the Third
Level
Option.SECTION 3. 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
Article XVI
EDUCATIONAL ASSISTANCE PROGRAM
SECTION 1. The City will reimburse employees for the cost of tuition, text books,
hecllth fees, and parking fees required for approved community college and college -
courses.
An approved course is one designated to directly improve the knowledge of the employee
relative to his specific job, and must be approved by the department head and the
Personnel Director 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.SECTION
2, Educational assistance payments to an employee shall not exceed 600.
00 in anyone fiscal year. The individual must be employed by the City when the course
is completed to qualify for a reimbursement.Article
XVII SAFETY
AND HEALTH SECTION
1. The City and the employees of the City agree to comply with all applicable
Federal, State and City laws; Federal, State and City codes; and City policies which
relate to health and safety, In addition, the City and the WDEA agree to actively pursue
the continuance of safe working procedures and environments.SECTION
2. In addition, the City and the WDEA agree to actively pursue the continuance
of safe working procedures and environments.Article
XVIII PROBATIONARY
PERIOD SECTION
1. An employee initially appointed or promoted to a class shall serve a probationary
period of 13 pay periods during which he shall have an opportunity to demonstrate
suitability for the job. Under certain conditions, with the approval of the Personnel
Director, the department head may, for just cause, extend the probationary perliod
up to an additional 13 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. Probationary employees shall not be entitled to appeal a termination
or a demotion.22
SECTION 2. Probationary employees are not entitled to compete in
closed/promotional recruitment/selection processes of the City; they may, however,
compete for any open/competitive recruitment/selection process.
Article XIX
PROMOTION
SECTION 1. 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 salary step
but no more than three salary steps, at the discretion of the City Manager.
SECTION 2. When eligibles remain in higher bands of a current Eligibility List and
the department head selects an eligible in a lower band, upon request of an unsuccessful
candidate for promotion, the department head will ensure that the eligible candidates who
remain in higher bands are notified of the reasons for their non-
selection.Article
XX
DEMOTIONS SECTION 1. When an employee is demoted 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 salary step,
SillQ;B. The new salary rate must be within the salary range for the classification
to which the employee is
demoted.Article
XXI LAYOFF
PROCEDURE When a layoff or reduction in force is necessary, the layoff procedures set forth
in Resolution No. 8179, 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.
r
SECTION 2. SCOPE. All employees covered by the Water Department
Employees' Association. All departments are subject to reduction in force at the direction
of the City Manager.
SECTION 3. POLICY. 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 the union of their intent at least ten
cali3ndar 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. Temporary 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).For purposes of this procedure, the Water Division will be
considered
a department.
B, Layoffs.1. Layoffs shall be based on City-wide
seniority, except, negative performance during the past 3 years will be considered to determine
the order of layoff. Negative performance and disciplinary actions will
include the following:a. Denial
of merit increases;b.
Suspension without pay;c. Extensions
of probationary periods;d. Disciplinary demotions to
lower level positions;e. Disciplinary
reductions in pay;
f. Performance evaluations;Reports containing significant, negative
written comments indicating improvement needed and warning of further consequences to
follow if improvement fails to occur. Only those reviews forwarded to the
Personnel Department for inclusion in the official personnel file
will be considered.A single negative disciplinary action will not reduce the
employee's seniority.However, additional disciplinary actions will reduce the employee's
seniority by two years for each additional occurrence, for a possible reduction of 6 years.
If denial of a merit increase and extension of a probationary period occur at the
same time, they will be considered as
one
2. The order of layoff shall be established by the Personnel 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 Personnel Director
shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice
will be hand delivered to employees whenever possible.
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 Personnel Director. This request should be directed to the Personnel 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 Personnel Director or his designee shall establish the
Final Order of Layoff' list. The decision of the Personnel Director or his designee
shall be final and not subject to the grievance process or further appeal.
C. Written Notice. Employees to be laid off shall be provided written notice at
least ten 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 Layoff
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 Personnel Director.
2. Whenever employees are to be laid off, they may demote to lower level,
filled. positions within their department providing they:
a. formerly held or supervised the lower level position within the
classification series;
b. employee meets or can reasonably meet qualifications for the new
position as determined by the Personnel Director or can reasonably
meet the qualifications within one month following appointment;
25
r .
c. posses greater seniority to displace a lower level worker;
d. request in writing a demotion 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. Reemployment Lists
1. Regular employees in good standing who are laid off or demoted shall
have their name placed on a departmental reemployment list for the last classification
previously held. Names shall be placed on the list in inverse order of seniority. (Last
released - first rehired). Vacancies the department desires to fill will be offered first to eligibles
on the departmental reemployment list.2.
Other hiring departments who have vacancies the City desires to fill will give
priority consideration to those employees whose names appear on the reemployment
list. If these employees are not selected for rehire, the reason for non-selection
must be approved by the Personnel Director.3.
Names of qualified individuals shall remain on reemployment lists for a period
not to exceed 2 years from the date of layoff. Individuals who qualify for rehire but
do not respond to written notification to the last known address on file within ten calendar
days or who refuse two job offers shall have their names removed from the reemployment
list. Once rehired, employee names are removed from all reemployment lists.
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 race, color, religion, national origin, sex, age, marital status, or functional limitations
as defined in the ADA and other applicable state and federal law.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 Memorandum
of Understanding or by law to manage the City, as such rights existed prior to
the execution of this Memorandum of Understanding. The sole and exclusive rights of
Management, as they are not abridged by this Agreement 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.26
C. To determine the necessity of organization 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 accordance with
requirements as determined by the City, and to establish and change work schedules and
assi!~nments.
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, or otherwise discipline employees
for proper
cause.M. To determine job classifications, to reclassify employees, and to
determine the newly created classifications to be assigned to the bargaining
unit.N. To hire, transfer, promote, and demote employees for
non-disciplinary reasons in accordance with this Memorandum
of Understanding.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
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 employees of the bargaining unit, the City agrees
to meet and confer in good faith with representatives of the WDEA regarding the impact of
the contemplated exercise of such rights prior to exercising such rights, unless the matter
of Ithe exercise of such rights is provided for in this Memorandum of Understanding or in
Personnel Rules and Salary Resolutions and Administrative Code, which are incorporated
in this Agreement. By agreeing to meet and confer with the WDEA as to the impact and
the exercise of any of the foregoing City Rights, Management's discretion in the exercise of
these rights shall not be diminished.
Article XXIII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION 1. DUES DEDUCTIONS, The City shall deduct for dues and WDEA
benefits on a bi-weekly basis from the pay of all employees in the classifications
and positions recognized to be represented by the WDEA, who voluntarily authorize
such deduction, in writing, on a mutually agreed upon form to be provided for this purpose.
The City shall remit such funds to the WDEA within 10 days following their
deduction.SECTION 2. INDEMNIFICATION. The WDEA agrees to hold the City harmless
and indemnify the City against any claim, causes of actions, or lawsuits arising out of
the deductions or transmittal of such funds to the WDEA, except the intentional failure of
the City to transmit to the WDEA monies deducted from the employees pursuant to this
Article.SECTION 3. NEW HIRES. The City will provide the Association with a list of
any new hires into the bargaining unit within 30 days of receipt of a request for such list by
the
Association.SECTION 4. BULLETIN BOARDS. The WDEA shall have the right to use
bulletin boards on City premises for the purpose of posting announcements and
WDEA information. The City will furnish bulletin board space on one existing bulletin board to
be -
selected by the WDEA at each location where there are five or more employees, The
bulletin boards shall be used for the following subjects only:
A. WDEA recreational, social, and related Union news bulletins.
B. Scheduled WDEA meetings.
C. Information concerning WDEA elections and the results thereof.
28
D. Reports of official WDEA business, including WDEA 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 Memorandum of
Understanding, the WDEA 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
REPRESENTATIVES
SECTION 1. The City agrees to recognize the five representatives selected by the
WDEA
SECTION 2. WDEA agrees to limit to three the number of representatives who
participate in the meet and confer process with City representatives.
SECTION 3. The WDEA 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
reco';Jnize or deal with any employee as a Representative unless he is on the designated
representative list.
SECTION 4. Representatives shall not log compensatory time, overtime, or any other
premium pay time for time spent performing any function as a Representative.
SECTION 5. Representatives shall be entitled to use City available facilities to hold
meetings. In addition, each Representative shall be allowed nine hours per fiscal year of
City time for the purpose of attending Representatives' meetings. The WDEA will make
advanced notification to a designated Management representative as to time and date of
SUC~I meetings and names of persons attending.
A. Such hours for monthly Representatives' meeting shall commence after the
normal working hours of the majority of employees in the bargaining unit.
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 hour per month up to a limit of nine
hours per fiscal year.
29
C. Employees who receive this compensation are designated in Section 1
above and shall receive no other compensation other than the one hour pay up to a
mCilximum of nine hours per fiscal year.
D. Employees who are on normal working hours during representatives'
meeting shall be released from work to attend during last hour of work.
Article XXV
NO STRIKE-NO
LOCKOUT SECTION 1. The WDEA, its officers, agents, representatives and/or members
agree that during the term of this Agreement, 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 Agreement. 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
Agreement 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 the WDEA fails, in good faith, to perform all responsibilities listed
below in Section 1, WDEA Responsibility, the City may suspend any and all of the
rights, privileges,accorded to the WDEA under the Employee Relations Resolution and this
Memorandum of Understanding, including, but not limited to, suspension of recognition of
the WDEA,grievance procedure, right of access, check-off, the use of the City's
bulletin
boards, and
faclllities.WDEA Responsibility SECTION 1. In the event that the WDEA, its officers,
agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, the WDEA
or its duly authorized representatives shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this Memorandum of
Understanding, and they should immediately cease engaging in prohibited conduct and
return to work.SECTION 2. If the WDEA performs all of the responsibilities set forth
in Section 1 above, its officers, agents, and representatives shall not be liable
for damages for prohibited conduct performed by employees who are in violation of
Section
Article XXVI
GRIEVANCE PROCEDURE
SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a
timely complaint by an employee or group of employees of the WDEA concerning the
interpretation or application of specific provisions of this Memorandum of Understanding or
of the Rules and Regulations governing personnel practices or working conditions of the
City.
SECTION 2. Business days mean calendar days, exclusive of Saturdays, Sundays,
and legal holidays recognized by the City.
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 the WDEA in presenting a
grievance at any level of review or may represent himself.
SECTION 4. INFORMAL 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 rl3sponsive, all parties involved shall expedite this process. In no case may more than
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 Personnel 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 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 PROCESS. PERSONNEL DIRECTOR. DEPARTMENT
HEAD. If the grievance is not resolved through the informal process, a written grievance
must be filed within the time limits set forth above, the grievant shall discuss the grievance
with the Personnel Director and the department head. The Personnel 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 10 business days after receiving the
grievance.
31
SECTION 6. FORMAL PROCESS. CITY MANAGER. If the grievance is not
resolved in Section 5 above, or if no answer has been received from the Personnel
Director and department head within 10 business days from the presentation of the written
grievance to the Personnel Director and department head, the written grievance shall be
presented to the City Manager, or his duly authorized representative, for determination. -Faiilure
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, or 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 10 business days after receiving the grievance. After this procedure is exhausted,
the grievant, the WDEA 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.Article
XXVII SOLE
AND ENTIRE MEMORANDUM OF UNDERSTANDING SECTION
1. It is the intent of the parties hereto that the provisions of this Memorandum
of Understanding shall supersede all prior agreements and memorandums of
agreement, 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 Memorandum of Understanding
is not intended to conflict with federal or state law.Article
XXVIII WAIVER
OF BARGAINING DURING TERM OF THIS AGREEMENT SECTION
1. During the term of this Memorandum of Understanding, 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 Memorandum 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.32
Article XXIX
EMERGENCY WAIVER PROVISION
SECTION 1. In the event of circumstances beyond the control of the City, such as
acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, provisions of this Memorandum of Understanding 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 over, the
Union shall have the right to meet and confer with the City regarding the impact on
employees of the suspension of these provisions in the Memorandum of Understanding
and any Personnel Rules and policies.
Article XXX
MISCELLANEOUS PROVISIONS
SECTION 1. RIDES HARE INCENTIVE PROGRAM. An employee may receive $30
per month and eight hours compensatory time every six months for carpooling, using public
transportation, biking, walking, carpooling or other approved modes of transportation to
and from the work-site. To qualify for these incentives, an employee must use one of
the above forms of transportation 70% of his commuting
time.SECTION 2. EYEGLASS 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 pair of lost
or damaged eyeglasses per fiscal
year.
SECTION 3. BREAK. 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 4. UNIFORMS. The City retains the absolute right to establish a uniform
policy for any of its departments.
33
Article XXXI
TRAVEL EXPENSE ALLOWED
SECTION 1. MILEAGE REIMBURSEMENT. Expense claims for the use of private
automobiles must be authorized by the department head, and submitted to the Accounts
Payable division of the Finance Department for reimbursement. Such use, where mileage
is I"eimbursed, 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 payment of the estimated amount of the
travel expense to the employee.A. Tourist-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 Ithe 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 lon!~ 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 CHARGES. Air, rail, or public transportation used, expense 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 the conduction of City business.
A. Expenses will be allowed for adequate lodging. Hotel
accommodations shall be appropriate to the purpose of the trip.B. Telephone
and telegraph and facsimile
charges will
be allowed for official calls, telegrams and transmissions.Number4.13.C.
Expenses
Article XXXII
SEPARABILITY
Should any provIsion of this Memorandum of Understanding be found to be
inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this
Memorandum of Understanding shall remain in full force and effect for the duration of this
Memorandum of Understanding.
Article XXXIII
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on March 1, 1999
and shall continue in full force and effect until June 30, 2002.
Article XXXIV
RATIFICATION AND EXECUTION
The City and the WDEA acknowledge that this Memorandum of Understanding shall not be
in full force and effect until adopted by the City Council of the City of Orange. Subject to
the foregoing, this Memorandum of Understanding is hereby executed by the authorized
representatives of the City and the WDEA and entered into this day of
WATER DEPARTMENT
YEEI~
C
CITY OF ORANGE
EMI~OYEES .
AA"
1;f;tA
C'~~~,
ca V~uez, ana ement Intern
s~e Smith, water' a
35
Appendix 'A'
Water Department Employees Association
MONTHLY SALARY RANGES
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
EFFECTIVE June 20. 1999
Senior Water Meter Service Worker 409 2742 2882 3029 3184 3346 3517
Water Equipment Operator I 398 2596 2728 2868 3014 3168 3329
Water Equipment Operator II 428 3015 3169 3330 3500 3679 3866
Water Maintenance Leadworker 428 3015 3169 3330 3500 3679 3866
Water Maintenance Worker I 366 2213 2326 2445 2569 2700 2838
Water Maintenance Worker II 386 2445 2570 2701 2839 2984 3136
Water Meter SI~rvice Worker I 375 2315 2433 2557 2687 2824 2968
Water Meter Service Worker II 395 2557 2688 2825 2969 3121 3280
Water Plant Operator 413 2798 2940 3090 3248 3414 3588
Water Skilled Maintenance Worker 412 2784 2926 3075 3232 3397 3570
Water Yard Storekeeper 392 2520 2648 2783 2925 3074 3231
EFFECTIVE JUNE 18.2000
Senior Water Meter Service Worker 415 2826 2970 3121 3281 3448 3624
Water Equipment Operator I 404 2675 2811 2955 3105 3264 3430
Water Equipment Operator II 434 3107 3265 3432 3607 3791 3984
Water Maintenance leadworker 434 3107 3265 3432 3607 3791 3984
Water Maintenance Worker I 372 2280 2397 2519 2647 2782 2924
Water Maintenance Worker II 392 2520 2648 2783 2925 3074 3231
Water Meter Service Worker I 381 2385 2507 2634 2769 2910 3058
Water Meter Service Worker II 401 2635 2770 2911 3059 3215 3379
Water Plant Operator 419 2883 3030 3184 3347 3517 3697
Water Skilled Maintenance Worker 418 2868 3015 3168 3330 3500 3678
Water Yard Storekeeper 398 2596 2728 2868 3014 3168 3329
EFFECTIVE JULY 1 2001
Senior Water Meter Service Worker 421 2912 3060 3216 3380 3553 3734
Water Equipment Operator I 410 2756 2897 3044 3200 3363 3534 -Water
Equipment Operator II 440 3201 3364 3536 3716 3906 4105 Water
Maintenance Leadworker 440 3201 3364 3536 3716 3906 4105 Water
Maintenance Worker I 378 2350 2469 2595 2728 2867 3013 Water
Maintenance Worker II 398 2596 2728 2868 3014 3168 3329 Water
Meter S,ervice Worker I 387 2457 2583 2715 2853 2998 3151 Water
Meter Service Worker II 407 2715 2854 2999 3152 3313 3482 Water
Plant Operator 425 2970 3122 3281 3448 3624 3809 Water
Skilled Maintenance Worker 424 2955 3106 3265 3431 3606 3790 Water
Yard Storekeeper 404 2675 2811 2955 3105 3264 3430