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RES-9138 MOU Orange Maintenance and Crafts Employees Association effective 3-1-99 to 6-30-02RESOLUTION NO. 9138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE TERMS OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION, CONCERNING WAGES, HOURS, AND OTHER CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF MARCH 1, 1999, THROUGH AND INCLUDING JUNE 30, 2002, AND REPEALING RESOLUTION NO. 8640 AND AMENDMENTS THERETO FOR SAID EMPLOYEES. WHEREAS, the City of Orange, hereinafter referred to as "CITY" through its representatives, and the Orange Maintenance and Crafts Employees' Association, hereilnafter referred to as "OMCEA" through its representatives. 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have reached agreement on wages, salaries,and fringe benefits effective March 1, 1999, through June 30, 2002, and repealed Resolution No. 8640 and amendments thereto for said employees, as more particularly set forth in the Memorandum of Understanding.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached Memorandum of Understanding 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, 2000/2002, and 2001/2002 budgets to reflect the changes approved in this resolution.ADOPTED this 13 day of ATTEST:Cu-~City Clerk of the . 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 13 day of ~~, 199~, by the following vote: AYES: NlOES:ABSENT:COUNCILMEMBERS: Murphy, Slater, Coontz, Spurgeon, Al varez COUNCILMEMBERS: None EXHIBIT "A" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MAINTENANCE & CRAFTS EMPLOYEES' ASSOCIATION MARCH 1, 1999 - JUNE 30, 2002 INDEX ARTICLE TITLE OF ARTICLE PAGE Recognition 1 II Non-Discrimination 1 III Salaries Hourly Rate, Merit Advancement, Reduction in Salary Steps, Night Differential, Rideshare Incentive, Bilingual Bonus 1 IV Working out of Class 5 V Work Week 5 VI Overtime & Compensatory Time 6 VII Callback Pay and Comp Time for Callback 7 VIII Holidays 8 IX Vacation 9 X Part-time & Temporary Employee Benefits 10 XI Leaves of Absence 11 Leave w/out Pay, Personal Necessity Leave, Family Leave. Jury Duty.Military Leave, Sick Leave, Sick Leave Conversion, Bereavement Leave, Industrial Leave XII Fringe Benefit Administration 18 XIII Health Benefits Medical Insurance. Flexible Benefits Plan. Long Term Disability,State Disability, Life Insurance 18 XIV Retirement 20 XV Educational Assistance Program 21 XVI Safety and Health Safety Shoes 21 XVII Probationary Period 21 XVIIII Promotion INDEX ARTICLE TITLE OF ARTICLE PAGE XIX Demotions 22 XX City Rights 23 XXI Employee Organizational Rights & Responsibility 24 XXII OMCEA Representatives 25 XXIII No Strike -No Lockout 26 XXIV Grievance Procedure 27 XXV Sole and Entire Memorandum of Understanding 29 XXVI Waiver of Bargaining During Term of MOU 30 XXVII Emergency Waiver Provision 30 XXVIII Layoff Procedures 30 XXIX Miscellaneous Provisions 33 Tool Allowance, Eyeglass Replacement, Breaks, Certification Bonus, Uniform Allowance XXX Travel Expense Allowed 35 XXXI Separability 36 XXXII Term of Memorandum of Understanding 36 XXXIII Ratification and Execution 37 Exhibit "B" Salary Schedules 38 III Article I RECOGNITION Pursuant to the provisions of Employee Relations Resolution No. 3611 of the City of Orange, the City of Orange (hereinafter called 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 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 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 seq.SECTION 2. The City and OMCEA 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 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 State or Federalanti-discrimination laws.s.ECTION 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 s.ECTION 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 SECTION 2. Salary Schedule, Salaries for employees covered by this MOU are listed in Exhibit "B". The salary and wage schedules attached hereto shall constitute the basic; compensation plan consisting of six 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. 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 2080 annual hours. The hourly rate for persons employed on a 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 ' h cent.B. 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 (1,040) hours of part- time employment shall equal six months'service.SKTION 4. Beginning Rates. A new employee of the City of Orange shall be paid the rate shown in Step "A" in 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.SKTION 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 employees 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-emplloyed 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( 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 the length of service required for such advancement. 1) The department head in the department in which the employee is assigned 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 therefor. A disapproval from the Personnel Director, together with the reasons therefor, shall be returned to the department head. 2) The recommendation of the department head and 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. In such cases as may occur wherein an employee shall demonstrate 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 in this MOU. 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 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. TION 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 head of the department in which he is employed with the approval of the Personnel Director. Procedure for such reduction shall follow the same proeedure as outlined for merit advancements in Section 5, and such employee may be considered for re-advancement under the same provisions as contained in Subsection C) of Section 6.SECTION 8. Night Shift Differential. A flat dollar rate shift differential in addition to the employees regular monthly rate shall be paid to all employees who are assigned to the Garage as Equipment Mechanics on the night shift, A. Night shift differential shall be paid for shifts starting between the hours of 3:00 p.m. and 5:00 a.m. B, Such differential shall be paid only to those employees regularly and/or temporarily assigned to night shift, and not to employees who may work overtime. C. Employees who are temporarily assigned to night shift shall receive prorated rates of differential pay. The monthly flat dollar rate shift differential is as follows: 1) Equipment Mechanics 125.00 SECTION 9. Rideshare Incentive Program. An employee may receive $30 per month and eight hours compensatory time every six months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to report to the work-site. To qualify for these incentives, the employee must use one of the above forms of transportation for 70% of his commuting time.TION 10. Bilingual Bonus Pay. 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;B. All Bilingual Assignments must be approved by the Personnel Director or his 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 Assignment and such assignment may be revoked at any time by the Personnel Director or 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. 00 per month, in addition to their regular salary for the duration of the assignment. Article IV WORKING OUT OF CLASS SECTION 1. The City may only 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. SECTION 3. Acting Time Pay. A An employee shall receive acting time pay at the "An 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 121 st consecutive hour out of class, and for each consecutive hour 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 Personnel Director prior to the assignment C. To qualify for working out of class pay, the employee must be performing all the significant duties of the higher level position. SE!:TION 4. Eligibility Period. The employee shall have a 30 consecutive calendar day eligibility period to accumulate the 120 working hours before an employee is entitled to receive acting time pay. Absence for any reason (sick leave, compensatory tim<3, vacation), except absence due to regularly scheduled holidays or a regularly scheduled day off, shall break consecutiveness and cause an employee to be ineligible to I'eceive acting pay, if such absence causes the accumulation of the 120 working hours to exceed the 30 consecutive calendar days eligibility period. Article V WORKWEEK The regular work week for all employees covered by this MOU shall be 40 hours per week. 5 Article VI OVERTIME & COMPENSATORY TIME SECTION 1. Entitlement for Overtime. All employees shall be entitled to overtime compensation for all hours worked in excess of 40 hours within the employee's regular work week. T10N 2. Overtime or Compensatory Payment. Overtime 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 and approved by the department head or his designee. SECTION 3. Overtime Accumulation. Overtime shall be accumulated at the rate of one hour of compensatory time for each one hour of overtime worked except for callback pay, which shall be accumulated in accordance with Article VII, and premium overtime which shall be accumulated in accordance with Article VII, Section 2. Only time actually worked (except callback) shall count in the computation of overtime except that, the time off for holidays falling in any work week, Monday through Friday, or callback in accordance with Article VII, shall be counted towards the computation of overtime. T10N 4. Compensatory Time Accumulation. Compensatory time for overtime shall be aGcumulated 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. Eligibility. In order to be entitled to overtime, such compensatory time must be authorized by the department head or his designated representative. SECTION 6. Maximum Compensatory Time Accrual. 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 cash on the first pay-period of the new calendar year.T10N 7. 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 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 8, Premium Overtime ComDensation. 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 VII herein, then such employee shall be entitled to premium overtime compensation at a rate of time and a half. sJ;CTION 9. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work. s..E.CTION 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, there shall be no pyramiding or adding together of such premium or overtime rates and only the higher applicable rate shall apply. SECTION 11. 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. Article VII CALLBACK PAY AND COMP TIME FOR CALLBACK sJ;CTION 1. 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 work location, the employee shall be compensated at the rate of 1% times the employee's equivalent hourly base rate for each hour worked on callback with a minimum of two hours callback compensation or equivalent time off at 1 % times the actual hours worked, regardless of whether the employee actually works less than two hours. This provision shall be applicable to employees although the 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. 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, there shall be no pyramiding or adding together of such premium or overtime rates and only the higher applicable rate shall apply. 7 Article VIII HOLIDAYS SECTION 1. Employees covered by this MOU shall receive the following paid nine (9) hour holidays except #9 below: 1) January 1 (New Year's Day) 2) 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 (Thanksgiving Day) 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) One nine (9) hour floating holiday (effective each January 1)SECTION 2. Holidays On Certain Days of the Week.A. I n 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.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 the employee's regularly scheduled day off during the week, except one-half day before Christmas, employees will be credited with nine hours of holiday compensatory time. Such time must be taken by the employee by the end of the calendar year in which it is accrued.SECTION 3. Double Time Pay. All employees required to work 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 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 ona holiday.s.E.CTION 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 because of a lawful absence, the employee's regularly scheduled day after the 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 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 Personnel Director. Article IX VACATION SECTION 1. All full-time, regular employees who have one year's continuous service and who have one year continuous service shall thereafter be entitled to a vacation as follows:After Year(s) of Service 1 thru 4 5thru10 11 12 13 14 15 thru 24 25 or more Vacation Hours Per Year 80 120 128 136 144 152 160 200 SECTION 2, Vacation Usage & Accumulation. Vacation shall be taken at the convenience of the City with the approval of the department head. A. Where possible, such vacation should be taken annually and not accumulated from year to year. B. 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. C. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding 24 month period. D. 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 successful completion of an initial probationary period, except in the event of a City Hall holiday closure, with the approval of the Personnel Director. ECTION 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. An employee requesting such a conversion must meet the eligibility requirement as set forth in Section 1 and may so convert once in a calendar year. E.cTION 4. Vacation Pay-out Uoon 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 X PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE BENEFITS SECTION 1. Definitions. Regular part-time employees shall be those employees scheduled in the budget to work 20 or more hours per week on a year-round basis (52 weeks minus approved leave). Temporary part-time employees shall be those employees scheduled in the budget to work less than 20 hours per week on a year-round basis (52 weeks minus approved leave). Seasonal employees shall be those employees who are scheduled in the budget to work on less than a six month basis regardless of hours worked. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per year SECTION 2. Entitlement to Fringe Benefits Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an annual basis.A. 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. This formula of proration shall apply to holiday pay, vacation, sick leave, flexible benefit plan contribution, life insurance contribution, and retirement contribution and disability insurance on a prorated basis.B. 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.s.E!:::TION 3. 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 XIV Retirement, Section 3 of this MOU, or unless otherwise provided by Federal and/or State Law.Article XI 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 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 without pay in excess of five working days, no seniority 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 payment 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 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 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 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 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 Personnel 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 her 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. An employee may be allowed up to one working day per month, without pay, for personal business with approval of the department head. A. Employees shall accrue no employment benefits for any personal necessity leave in excess of one day per month. B, Personal necessity leave shall be without pay and shall not be accumulated from month to month. 12 CTION 3. Family Leave. An employee is allowed up to 27 hours of family leave per calendar year for family related illness or injury which shall be charged against the employee's accumulated sick leave. Effective January 1, 2000, an employee is allowed up to 36 hours per calendar year for family illness, which shall be charged against the employee's accumulated sick leave. S.E.cTION 4. Family Care and Medical Leave IFCMU. A. State and Federal laws require the City to provide family care 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 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 CFRA. B. An employee's request for leave is subject to review and final approval of the Personnel Director. 1) 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.2) 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.3) 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/her 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 4) 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 (if applicable); and Fitness-for-Duty to return from leave.s.E.CTION 5. JUlY Duty and Services as Witness for City. Effective July 1, 1999, when required to serve on a jury, all employees shall have time off for a period of 30 calendar days per calendar year.A. 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. 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.SECTION 6. 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 andVeterans' Code.s.E.CTION 7. 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 therate of Y:z hourfor each Y:z 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 D. Sick Leave Application. Except as provided in Section 3 and Section 4 above, 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 or injury of a member of the employee's family. E. Minimum 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, while additional actual absence of over 1/2 hour shall be charged to the nearest full hour. Sick leave shall only be used for the purposes stated and each 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. Retirement 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% 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 hours and up).G. 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 for payment is received from the estate of the decedent employee.H. Maximum Accumulation of Sick Leave. Effective June 20, 1999, employees shall be allowed to accumulate up to a maximum of 620 hours. Sick leave hours in excess of such maximum shall be forfeited.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 4) The first conversion shall occur in the first pay period of January 2001, based upon sick leave usage in calendar year 2000. SECTION 8. Bereavement Leave. Regular full-time 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 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, broth~r-in- Iaw, sister-in-law grandparent, grandchild, aunt,uncle, spouse, child, brother, or sister of the employee regardless of residence.B. Days of absence due to bereavement leave shall not exceed three working days per incident and shall not be deducted from the employee's accumulated sick leave. 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 withpay for the period of absence.SE.Q:f10N 9. Industrial Leave. A regular employee who is temporarily or permanently incapacitated as a result of injury or illness determined to be compensable under the Wor~:ers' 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 in lieu of temporary disability payments 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 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) The 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 and are determined by the Public Employees' Retirement System: a) The employee's condition is determined to be permanent or of an extended duration; b) The degree of disability precludes continued employment by the employee in his present position. 4) After 52 weeks of industrial leave. F. Personal Physician Notification. 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 first 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. 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. An employee may request one change of physician during the first 30 days after the injury or illness is reported. 17 Article XII FRINGE BENEFIT ADMINISTRATION s.EQTlON 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 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 MOU, provided that the benefits of the employees shall be no less than those in existence as of implementation of this MOU. . SE.C:T10N 3. Changes. 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 the OMCEA prior to any change of insurance carrier or method of funding the coverage. Article XIII HEALTH BENEFITS s.EQTlON 1. Health Insurance. The City shall continue to contract with the Public Emplloyees' Retirement System (PERS) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act PEMHCA). A. Except as provided in this Article, Section B. Flexible Benefits Plan below, the City shall contribute toward the payment of premiums under the PERS Health Benefits Plan on behalf of each eligible active employee, and to the extent required by law, each eligible retiree annuitant of PERS, an equal contribution of $16.00 per month. B. Flexible Benefits Plan. The City shall establish 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 C. The City's payment toward the Flexible Benefits Plan as shown in Section 1 B) is exclusive of the $16.00 payment described in Section 1 (A). D. Any amounts in excess of the amounts designated in Section 1 (A) and (B) necessary to maintain benefits plans selected by the employee shall be borne by the employee. E. 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. F. 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 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. This amount shall increase to $200 per month effective January 1, 2000. 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. Long Term Disability Benefit. Effective July 1, 1999, the City shall provide a long term disability plan which pays 60% of salary after a 60 day elimination period, to a maximum of $3,000.00 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 OMCEA. A. The Disability Insurance Program is designed to serve the employees by mail. The employee need not leave home or the hospital to receive benefits. In order to apply, a claim form must be obtained from the Personnel 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. 19 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 fo, each benefited employee covered under this MOU. Article XIV RETIREMENT SECTION 1. Employees covered by this MOU participate in Public Employees' Retirement System. A. The City shall maintain its present contribution of 7% of the employee's share to the Public Employees' Retirement System. B. Employees are required to pay four percent (4%) of their salary, pre- taxes,through payroll deduction, to fund the enhanced 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 additional meeting and conferring or concessions by the employees.C. Employees will be provided an annual report showing the amount of contribution so made.TION 2. Survivor Benefit. The City will provide the 1959 PERS Survivor Benefit at the Third Level Option.SECTION 3. Part-time Employees. Part-time temporary 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 Article XV EDUCATIONAL ASSISTANCE PROGRAM SECTION 1. Program Requirements. The City will reimburse employees for the cost of tuition, text books, 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 Personnel Director for final approval. 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. Payments. Educational assistance payments to an employee shall not exceed $600.00 in anyone fiscal year and the individual must still be employed by the City when the course is completed. Article XVI SAFETY AND HEALTH SECTION 1. Compliance. The City and the employees of the City agree to comply with all applicable Federal, State and City laws, codes and policies which related to health and safety. In addition, the City and OMCEA agree to actively pursue the continuance of safe working procedures and environments. SECTION 2. 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 $250 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. Article XVII PROBATIONARY PERIOD 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. A. With the approval of the Personnel Director, the department head may, for just cause, extend the probationary period for up to an additional 13 pay periods. 21 B. The employee shall attain regular status in the class upon successful completion of the probationary period or any extension of the probationary period. C. 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. D. A probationary employee shall not be entitled to appeal a termination or demotion, except as is provided for by law. E. Probationary employees are not entitled to compete for a closed/promotional recruitment selectio[l process; they may however, compete for any open/competitive recruitment selection process. Article XVIII PROMOTION SE;:TION 1. Salary Step Assignment. When an employee is promoted to a position of a hi!lher 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, but no more than three salary steps, at the discretion of the City Manager. SE;:TION 2. Eligibility List. When eligibles remain in higher bands 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- placement.Article XIX DEMOTIONS 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 step, and B. The new salary rate must be within the salary range for the classification to which the employee is demoted. Article XX 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 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. Methods of financing.F. 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 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, or otherwise discipline employees for proper 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.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 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 foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished.Article XXI EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIESs.EC:T10N 1. Dues Deductions, 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 reco!~nized to be represented by OMCEA, 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 OMCEA within 10 days following their deduction.SECTION 2. Indemnification. OMCEA 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 OMCEA, except the intentional failure of the City to transmit to OMCEA moneys deducted from the employees pursuant to this SECTION 3. Newly Hired Employees. OMCEA will be provided with a list of the names and department of newly hired employees in the representation unit on a monthly basis. 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 existing bulletin board to be selected by OMCEA at each location where there are five or more employees. The bulletin boards shadl be used for the following subjects only: 1) Union recreational, social, and related OMCEA news bulletins. 2) Scheduled OMCEA meetings. 3) Information concerning OMCEA elections and the results thereof. 4) Reports of official OMCEA business, including OMCEA newsletters, reports of committees, or the Board of Directors. 5) 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 XXII OMCEA REPRESENTATIVES SECTION 1. The City agrees to recognize the following OMCEA representatives: 1) Two representatives for the Public Works Maintenance Yard. 2) One representative for the Parks Division. 3) One representative for the Garage. 4) One OMCEA President and one Vice President. 25 SE.C.TION 2. OMCEA shall have the responsibility to notify the City, in writing, of the nam3S of its duly authorized representatives. The City shall have no obligation to reco!~nize or deal with any employee as a representative unless he is on the designated representative list. SE.C.TION 3. Representatives shall not log compensatory time, overtime, or any other premium pay time for time spent performing any function as a representative. SECTION 4. Representatives shall be entitled to use City available facilities to hold meetings. In addition, each representative shall be allowed twelve hours per fiscal year of City time for the purpose of attending representatives' meetings, OMCEA will make advanced notification to a designated Management representative as to time and date of such meetings and names and department of persons attending. 1) Such hours for monthly representatives' meeting shall commence after the normal working hours of the majority of employees in the bargaining unit. 2) 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 twelve hours per fiscal year. 3) Employees who receive this compensation are listed in Section 1 above and shall receive no other compensation other than the one hour pay up to a maximum of twelve hours per fiscal year. 4) Employees who are on normal working hours during representatives' meeting shall be released from work to attend during last hour of work. Article XXIII NO STRIKE-NO LOCKOUTSE.CTION 1. 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 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 the MOU, grievance procedure, right of access, check-off, the use of the City's bulletin boards, and facilities.A. OMCEA Responsibility. 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.B. If OMCEA performs all of the responsibilities set forth in Section 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 XXIV GRIEVANCE PROCEDURE SECTION 1. Definition, A grievance shall be defined as a timely complaint by an employee or group of employees or 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.SECTION 2. Business days mean calendar days, exclusive of Saturdays, Sundays,ancllegal 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 herein 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.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. A. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. B. 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. C. 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 Personnel Director of the City, with a copy to the department head in which the employee works. D. 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 is 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. 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. 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, 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. SECTION 7. Formal Process For Terminations. Advisory Hearing Officer. The final step in the formal process for grievances filed to challenge the imposition of termination of a full-time non-probationary employee shall be an advisory decision rendered by a Hearing Officer following a full evidentiary hearing conducted by the Hearing Officer. If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the State Conciliation Service a list of seven qualified Hearing Officers. Each party shall alternately strike one name from the list until only one person remains, who be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis. 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/appellant. B. The Hearing Officer shall determine whether good cause exists for the imposition of the termination and, if not, the appropriate degree of discipline. C. The decision of the Hearing Officer is remitted to the City Manager for final disposition. D. 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 grievant within 10 business days after receiving the Hearing Officer's findings. E. After this procedure is exhausted, the grievant, OMCEA and the City shall have all rights and remedies to pursue said grievance under the law. F, The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by employee and the supervisor to resolve the grievance at the informal step. Article XXV 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, 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 herein, This MOU is not intended to conflict with federal or state law. 29 Article XXVI WAIVER OF BARGAINING DURING THE TERM OF THIS MOU 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 Gonditions of employment, whether or not Govered by the 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 confel" about any matter during the term of this Memorandum. Article XXVII EMERGENCY WAIVER PROVISION 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 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 over, OMCEA shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any Personnel Rules and policies. Article XXVIII LAYOFF PROCEDURES 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. Scope. This procedure applies to all OMCEA Employees. 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 OMCEA of their intent at least ten 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. 30 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) Regularfull-time employees ( 40 hours).Layoffs shall be based on city-wide seniority.B, LAYOFFS 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.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) Annual performance evaluations containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur.2) 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.3) The order of layoff shall be established by the Personnel Director,including seniority and results of review of performance evaluations and prior disciplinary actions.4) The order of layoff will be the least senior employee as determined by the procedure above.5) 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 6) If the employee wishes to contest the application of the criteria set forth in this polity 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 calendar days following the establishment and distribution of a "Proposed Order of Layoff' list. The employee will be allowed representation during the appeal process. 7) 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 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 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) employee meets 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 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 Personnel Director or can reasonably meet the qualifications within one 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 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. 32 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.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 Personnel Director.3. Names of qualified individuals shall remain on re-employment lists for a period not to exceed 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 calendar days or who refuse two 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/she had upon leaving the city service for the purposes of vacation benefits, sick leave benefits, and overall calculation of citywide seniority. This provision would apply to employees reinstating to city service within 18 months of layoff date.sJ;:CTION 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,cOilor, religion, national origin, sex, age, marital status, or functional limitations as defined in the ADA and other applicable state and federal law.Article XXIX MISCELLANEOUS PROVISIONS SECTION 1. 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 B. Effective July 1. 1999. such employees shall be allowed up to $570.00 each fiscal year and effective July 1, 2000, $620,00 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 Garage 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 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. Breaks. Employees are entitled to two 15 minute breaks, unless an emer~lency 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 provided 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. S.ECJION 4, Certification Bonus. Effective June 20, 1999. eligible Equipment Mechanics I & II will receive a $100.00 per month certification bonus. Eligibility requirements include the following: A. Employees must complete the required probationary period; B. Employees must receive an annual performance evaluation at or above expectation: 4 C, Use 48 hours or less of sick leave per calendar year (major illness or injury of three days or more excluded if doctor's verification is provided); D. The Equipment Superintendent shall recommend those qualified based on the above guidelines to the Personnel Director; E. Eligibility for this bonus shall be re-evaluated on an annual basis;F. The Personnel Director will determine eligibility and grant final approval of this bonus.SECTION 5, Uniform Allowance Reported to the Public Employees' Retirement System.A. The City will purchase uniforms for certain designated classifications within the Association, Uniform allowance for the following classifications, in the amounts specified are per calendar year and shall be reported to PERS: Chemical Sprayer ($135.00); Equipment Mechanic" ($82.00); Equipment Mechanic Lead 135.00); Equipment Operator I ($135.00); Field Maintenance Leadworker 135,00); Field Maintenance Worker 1/11 ($135.00); Skilled Maintenance Worker 135.00); and Senior Park Equipment Mechanic ($135. 00).B. All uniforms and/or safety equipment purchased by the City shall remain the property of the City.Article XXX TRAVEL EXPENSE ALLOWED SECTION 1. Mileage Reimbursement. Expense claims for the use of private automobile must be authorized by the department director and submitted 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. Tourist class airplane passage will be considered standard for out- of- B. Use of personal cars for out-of-town 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 Charges. Air, rail, or public transportation used, expense for local transportation such as taxi cabs and bus fare, will be allowed whenever such transportation is necessary for conJuct of City business. In addition,the following expenses and charges will be allowed, whenever necessary, for the conduct of City business:A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip.B. Telephone and facsimile charges will be allowed for official calls and transmissions.C.. Expenses for meals will be reimbursed according to Administrative Policy Number4.13. Article XXXI SEPARABILITY Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. Article XXXII TERM OF MEMORANDUM OF UNDERSTANDING The term of this MOU shall commence on March 1, 1999, and shall continue in full force and effect until June 30, Article XXXIII RATIFICATION AND EXECUTION The City and OMCEA acknowledge that this MOU shall not be in full force and effect until 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 day , 1999, CITY OF RANGE j. Steven V. am, :%er.s .nnel Director Q --) y' jJ '1kG.-m3n Shirey, PersonnelAn st "J1xb~Pat Oberle, mployee Benefits Coord.int. Superintendent 37 EXHIBIT "B" ORANGE MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES THREE PERCENT SALARY INCREASE EFFECTIVE JUNE 20, 1999 NEVV STEP STEP STEP STEP STEP STEP sification Title RANGE ABC D E F Chemical Sprayer 395 2557 2688 2825 2969 3121 3280 Custodian 353 2074 2180 2291 2408 2531 2660 Equipment Mechanic I 401 2635 2770 2911 3059 3215 3379 Equipment Mechanic II 421 2912 3060 3216 3380 3553 3734 Equipment Mechanic Lead 431 3060 3217 3381 3553 3734 3925 Equipment Operator I 392 2520 2648 2783 2925 3074 3231 Equipment Operator II 422 2926 3075 3232 3397 3570 3752 Field Maintenance Lead 428 3015 3169 3330 3500 3679 3866 Field Maintenance Worker I 366 2213 2326 2445 2569 2700 2838 Field Maintenance Worker II 386 2445 2570 2701 2839 2984 3136 Sr. Park Equipment Mechanic 417 2854 3000 3153 3313 3482 3660 Skilled Maintenance Worker 413 2798 2940 3090 3248 3414 3588 Street Sweeper Operator 401 2635 2770 2911 3059 3215 3379 The following classifications received an "inequity adjustmenf' in addition to the 3% salary increase: Fieid Maintenance Worker 1&11 (0.5%), Field MaintenancE> Lead Worker (3.0%), Skilied Maintenance Worker (0.5%), Street SweE!per Operator (1.5%), Equipment Mechanic 1&11 (2.0%) THREE PERCENT SALARY INCREASE EFFECTIVE JUNE 18, 2000 I NEW STEP STEP STEP STEP STEP ssification Title RANGE ABC D E Chemical Sprayer 401 2635 2770 2911 3059 3215 Custodian 359 2137 2246 2361 2481 2608 Equipment Mechanic I 407 2715 2854 2999 3152 3313 Equipment Mechanic" 427 3000 3153 3314 3483 3660 Equipment Mechanic Lead 437 3153 3314 3483 3661 3848 Equipment Operator I 398 2596 2728 2868 3014 3168 Equipment Operator II 428 3015 3169 3330 3500 3679 Field Maintenance Lead 434 3107 3265 3432 3607 3791 Field Maintenance Worker I . 372 2280 2397 2519 2647 2782 Field Maintenance Worker II 392 2520 2648 2783 2925 3074 Sr. Park Equipment Mechanic 423 2941 3091 3248 3414 3588 Skillled Maintenance Worker 419 2883 3030 3184 3347 3517 Street Sweeper Operator 407 2715 2854 2999 3152 3313 38 STEP F 3379 2741 3482 3847 4044 3329 3866 3984 2924 3231 3771 3697 3482