RES-8595 MOU Water Department Employees Association effective 03-01-1996 to 02-28-1999RESOLUTION NO. 8595
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE APPROVING THE AGREEMENT BETWEEN THE CITY
OF ORANGE AND THE WATER DEPARTMENT EMPLOYEES
ASSOCIATION (WDEA), CONCERNING WAGES, HOURS, AND
OTHER CONDITIONS OF EMPLOYMENT EFFECTIVE MARCH 1,
1996 THROUGH FEBRUARY 28, 1999 AND REPEALING
RESOLUTION NO. 8358 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conditions of employment effective March 1, 1996 through February 28, 1999 and repealed
Resolution No.8358 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 1996/97 budget to reflect the changes approved
in
this resolution.ADOPTED this 25th day of
June, 1996.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 25th day of
June, 1996,by the
following vote:AYES:COUNCILMEMBERS: MURPHY, BARRERA, COONTZ,
SPURGEON, SLATER NOES:
COUNCILMEMBERS: NONE ABSENT:
COUNCILMEMBERS: NONE City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
WATER DEPARTMENT EMPLOYEES ASSOCIATION
INDEX
Article
No. Title of Article Pace No.
Recognition 1
II Non-Discrimination
1 III Basic Compensation Plan
2 IV Performance Evaluation
4 V Working Out of Class
5 VI WorkWeek
5 VII Overtime/Compensatory Time
6 VIII Callback Pay, Standby Pay and Comp Time for Callback
7 IX Life Insurance
8 X Holidays
8 XI Vacation
9 XII Regular Part-Time and
Temporary Employee Eligibility for Fringe
Benefits 10 XIII Leaves of
Absence 11 XIV Fringe Benefit
Administration 16 XV Health
Benefits 16 XVI
Retirement 18 XVII Educational
Reimbursement 18 XVIII Safety and
Health 18 XIX Probationary
Period 19 XX
Promotion 19 XXI
Demotions 19 XXII Layoff
Procedure 19 XXIII City
Rights 22 XXIV Employee Organizational Rights and
Responsibility 24 XXV
XXVI No Strike - No Lockout 26 XXVII
Grievance Procedure 27 XXVIII
Sole and Entire Memorandum of Understanding 28 XXIX
Waiver of Bargaining During Term of this Agreement 28 XXX
Emergency Waiver Provision 28 XXXI
Miscellaneous Provisions 29 XXXII
Separability 29 XXXIII
Term of Memorandum of Understanding 30 XXXIV
Ratification and Execution 30
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
WATER DEPARTMENT EMPLOYEES ASSOCIATION
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
recognized 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
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 WDEA
activities in accordance with the Employer-Employee Relations Resolution and
Government Code
Sections 3500 et. sea.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 or affiliations. The City and the WDEA shall reopen
any provision of this Agreement 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 Agreement in compliance with state
or federal anti-discrimination laws.SECTION 3. Throughout this Memorandum
of Understanding the masculine gender shall be used, it shall be
Article III
BASIC COMPENSATION PLAN
SECTION 1. Salaries effective March 1, 1996, December 22, 1996, and June 21,
1998 for employees covered by this agreement are listed in Exhibit "A". The salary
schedules in Exhibit "A" are incorporated into the MOU as monthly amounts based on a
40 hour work week and 80 hour work period. However, for the period of March 1, 1996
through July 5, 1997, but no later than September 27, 1997, actual salaries paid to
employees will be prorated to reflect the temporary furlough program which provides for a
36 hour work week and 72 hour work period.
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 equivalent classification shall be determined in the
same manner.In determining the hourly rate as herein provided, compensation shall be
made to the
nearest % 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. 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", "0", "E", or "
F"
depending upon the employee's qualifications.SECTION 4. SERVICE. The word service, as
used in this Agreement shall be defined to mean continuous, full-time service
in his 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 discharge shall serve to eliminate the accumulated length of service time of
such employee for the purpose of this Agreement. Such employees re-entering the
service of the City of Orange 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
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 ranges 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
incre8$e shall become effective on the first day of the pay period following
completion of the length of service required for such advancement.
1) The head of the department in which the employee is assigned shall
file with the Personnel Director a statement recommending the granting or
denial of the merit increase and supporting such recommendation with
specific reasons therefore.
2) The recommendation of the department head and the approval of
the Personnel Director shall be forwarded to the Finance Director for change
of payroll status. A disapproval, together with the reasons therefore, shall be
returned to the department head.
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 Agreement. 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 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 Water Department shall establish two
special assignments as Welders. Water Department employees covered by the terms
and conditions of this agreement may be so assigned at the discretion of the Department
Head or Assistant Department Head. Water Department personnel so assigned and
performing these and related duties shall receive $100.00 per month during the period of
such special assignment.
A. Soecial Assianment Guidelines. Water Department personnel assigned to
positions specified in Section 7 above shall move on a step-to-step
basis without changing
anniversary date.B. All special assignments to positions set forth in Section 7 above
of Water Department employees shall be made or revoked at the discretion of
the Department Head or Assistant
Department Head.C. The City's share of the employees' 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
classification
during special assignments.SECTION 8. CLOTHING ALLOWANCE. The City shall contribute up
to $100 per employee per year
toward clothing allowance.SECTION 9. BILINGUAL ASSIGNMENT. Employees covered under this
agreement may be assigned by the Public Works Director to a Bilingual Assignment. Such
employees on Bilingual Assignment shall receive an additional $140 per month, per employee in addition
to their regular salary for the duration
of the assignment.Bilingual assignments shall be made on
the following basis:A. The Public Works Director 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 hislher designee;C. Employees receiving Bilingual Assignment compensation must
successfully pass a proficiency test on
an annual
basis.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
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
disagreement 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 and meet the minimum requirements of the higher level class. An employee shall
receive acting time pay at the "A" Step of the higher class, but shall receive not less than
5% above the employee's regular salary for work performed in the higher classification on
the 121st consecutive hour out of class, and for each consecutive hour thereafter, an
employee works out of class. The Department Head or Assistant Department Head 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
regularly 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 covered by this Agreement
shall be 40 hours per week. For the period of March 1, 1996 through July 5, 1997, but no
later than September 27, 1997, the regular work week for all budgeted full-time
employees covered by this agreement and participating in the temporary furlough program shall
be 36 hours per week. Upon cessation of the work furlough program, employees in this
unit will be reinstated to a "9/80" work
schedule.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 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.
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, which
shall be accumulated in accordance with Article VIII, and premium overtime which 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, shall be counted towards the computation of
overtime.
SECTION 4. Compensatory time for overtime shall be accumulated in no less than
hour per day increments. When an employee works less than % hour per day of
overtime, the employee shall not receive compensatory time for overtime of less than %
hour per day worked.
SECTION 5. In order to be entitled to overtime, such overtime must be authorized
by the department head.
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.
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.
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 practicable, attempt to accommodate employee convenience to the
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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 circum-
stances), 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.
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,
there 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. 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 the 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. Employees assigned by Management to standby status after regular
work hours will be eligible to receive two hours of standby pay at their straight time hourly
rate.
SECTION 3. 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.
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Article IX
LIFE INSURANCE
SECTION 1. Effective August 1, 1996, the City shall contribute the full premium
toward a $15,000 life insurance policy for each employee covered under this agreement.
Article X
HOLIDAYS
SECTION 1. Employees covered by this Agreement shall receive the following nine
hour paid holidays, except #11 which provides for one eight hour floating holiday:
1) January 1
2) The 3rd Monday in February
3) Last Monday in May
4) July4
5) First Monday In September
6) November 11
7) Thanksgiving Day
8) Day after Thanksgiving
9) One-half day
before Christmas, if Dec.
24 falls on a Monday
through Thursday (4.
5110urs)10) Christmas
ruy 11) One floating
holiday SECTION 2. In the event any of the above holidays, except one-half day
before Christmas,fall on a Sunday, the following day will be taken in lieu of the actual date on which
the holiday falls. When any of the above holidays fall on a Saturday, except one-half
day before Christmas,the preceding Friday will be taken in lieu of the actual date on which the holiday
falls. When any of the above holidays falls on a Friday or Saturday, and the Friday is the
employee's regularly scheduled day off, except one-half day before Christmas, employees'
holiday banks 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 earned.SECTION 3.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 a holiday.B. Employees whose regularly scheduled day off falls on the holiday
or day observed in lieu of the holiday as set forth in this article shall receive nine
hours of compensatory holiday time. Such holiday time must be taken by the end
of
SECTION 4. 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, 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. 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. Notwithstanding the above, the floating holiday shall be taken at the
convenience of the City with approval of the department head or his duly authorized agent.
A. Employees shall earn one 8 hour floating holiday effective each January 1, during
the course of this agreement which shall be taken as time off from work during the calendar
year in which the floating holiday was earned. The floating holiday is not accumulative and
shall be forfeited should it not be taken during the calendar year it was earned. For
purposes of this benefit, said employee's anniversary year runs January 1 through
December 31. Employees under this section who terminate their employment with the City
prior to using the floating holiday shall receive cash reimbursement for said holiday.
Article XI
VACATION
SECTION 1. All full-time, regular employees who have one year's continuous service
shall thereafter be entitled to a vacation as
follows: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 shall be taken at the convenience of the City with the approval of
the department head. Where possible, such vacation should be taken annually and not
accumulated from year to year. Vacation hours not in excess of the equivalent number of hours earned in
the immediately preceding 24 month period may be accumulated with the permission of
the department head and the City Manager. Employees shall not accumulate vacation in excess
of the equivalent number of hours earned in the immediately preceding 24 month period.
All vacation hours accrued in excess of the equivalent number of hours earned in the
immediately
vacation hours accrued in excess of the equivalent number of hours earned in the immediately
preceding 24 month period not taken by the employee shall be forfeited.
SECTION 3. Effective June 25, 1996, 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 requirements as set forth in Section 1 and may so convert
once in a calendar year.
SECTION 4. 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 unused vacation. Prorated vacation shall be on the basis of 1/12 of the employee's annual
vacation pay for each full month
of service.
Article XII REGULAR 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 year-round 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 or months per year of work.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 employee is scheduled in the budget to work
to the normal 40 hour week on an annual basis. For the period of March 1, 1996 through
July 5, 1997 but no later than September 27,1997, full-time employees
participating in the temporary furlough program, the normal work week shall be defined as 36 hours.
The annual schedule for all regular 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. Regular part time employees who work over 30 hours shall
receive disability insurance on a prorated basis. Regular part-time employees may receive step increases
provided they work the actual number of hours a full-time employee would have had to work in order
to be entitled to progress to the next step of the salary range.
SECTION 3. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for
in this Agreement
or
Article XIII
LEAVES OF ABSENCE
SECTION 1. Leave of Absence Without Pav. After all available leave benefits, including
vacation, sick leave, compensatory time, and other leave benefits have been completely used, a
regular employee, not under suspension, may make application for leave without pay. If the
department 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 months, following the date of expiration
of all other leave benefits. 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.
At the end of such leave, if the employee desires additional leave, written application must
be made to the Personnel Director 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, in the
Personnel Director's opinion, 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. 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.
An employee on leave of absence must give the City at least seven days' written notice of
the employee's intent to return to work.
Any employee who engages in outside employment during said leave of absence without
prior notifications and approval of the Personnel Director and department head shall be subject to
termination. Any employee who falsified the reason for the request for said leave of absence may
be terminated for falsifying a request for leave of absence or extension thereof.
During a leave without pay in excess of five wOrking days, no seniority shall be accumulated.
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. 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 a reasonable method of payment to the Payroll Division of the City. Forms setting forth
the benefits available or such other pertinent information shall be maintained for distribution in the
Personnel Department.
SECTION 2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one (1)
working day per month, up to a maximum of six working days per fiscal year, without pay, for
personal business with approval of the department head. Employees shall accrue no employmer
benefits for any personal necessity leave in excess of six days per fiscal year. Personal necessity
leave shall be without pay and shall not be accumulated from month to month.
SECTION 3. JURY DUTY AND SERVICES AS WITNESS FOR CITY. When required to
serve on a jury, all employees shall have time off for a period of actual service required on the
jury. Employees shall receive their regular pay while serving on jury duty, provided all jury fees
11
paid to the individual employee, less allowed automobile expenses, are tumed over to 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
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 4. MILITARY LEAVE OF ABSENCE. If an employees is required to take military
training two weeks each year, he shall be entitled to military leave of absence under the
provisions of State law, found in Section 395-395.02 of the Military and Veterans'
Code.SECTION 5. BEREAVEMENT
LEAVE.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, substitute parent, parent-in-law, grandparent, aunt, uncle, spouse, child,
grandchild, 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 carry 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 payment 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. For employees working
a regular 36 hour week as part of the temporary furlough program, eight hours of sick
leave will accrue for each
month of continuous service.B. Sick leave will be charged at the rate of one hour for each
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 bythe
department head and/or 2) Personal illness or physical incapacity resulting
from causes beyond the employee's control; including pregnancy, childbirth
and othermedically
related conditions; and/or 3) Family illness. An employee may charge 27 hours per
calendar year to sick leave for
reasons
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 and in the course of City
employment.
D. Sick Leave Application. Sick leave may be applied only to absence caused by
illness or injury of an employee except as provided in C (3) above. In any instance involvin~
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. 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.
E. Upon retiring from City service and entering the Public Employees' Retirement
System, an employee shall receive no pay for the first 60 days of accrued sick leave, but
shall receive 25% pay for the first 30 days of accrued sick leave after the first 60 days of
accrued sick leave, and 50% of all accrued sick leave thereafter.
F. 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.
G. In determining the dollar amount of sick leave payoff for sick leave accrued
subsequent to July 3, 1977, the rate of pay for the month in which the sick leave was
accrued will be used. For sick leave accrued prior to July 3, 1977, the payroll rate as of July
3, 1977 will be used. When employees actually use sick leave for absences in accordance
with Section 5 (c) above, they will be paid at their then current salary rate, regardless of
whether sick leave was accrued prior to or subsequent to July 3, 1977.
H. When sick leave is used in accordance with Section 5 (c) above, the City will first
charge the earliest accrued sick leave, then the next earliest, and so on (first-in,
first-out).I. Notwithstanding any other provision herein, an employee who is initially
hired after July 1, 1980, shall be allowed to accumulate and be credited with sick leave with pay
only up to a maximum of 520 hours. Sick leave hours in excess of such maximum shall
be forfeited.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 Worker'
s 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. Except that for
employees participating in the temporary furlough program, employees shall continue to
be compensated at their rate of pay based on a 36 hour work week in lieu of
temporary disability
payments.
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. If the
employee is participating in the temporary furlough program, the employee still on approved
industrial leave shall be compensated at 80% of his furlough rate of pay up to 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 Worker's 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 and are determined by the Public Employee's 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.
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.
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:
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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 30 days after the injury or illness \5-
reported.
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 CFRA.
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.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 a member
is entitled to.2. 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/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 Medical Leave.3. 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 coverages (if
applicable); and Fitness-for-Duty
to
Article XIV
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 funding the
coverage.
Article XV
HEALTH BENEFITS
SECTION 1. HEALTH INSURANCE.
The City shall 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). The PERS Health Benefits Plan shall replace any other
benefits program maintained by the City for eligible employees, eligible retirees, and their
eligible surviving annuitants.
A. Except as provided in 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 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 miscellaneous
pay:Employee
Only Two
Party
Family 169.
00 276.
00 371.
00 The City's payment toward the Flexible Benefit Plan is exclusive of the $16.
00
payment in Section A.
C. Any amounts in excess of the amounts designated in Section A and B
necessary 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. Additionally, 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. 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
BENEFITS.A. The City for the term of this agreement shall contribute 0.9% of the employee'
s monthly salary to a maximum of $3,333 per month toward a long term disability plan
covering employees set forth herein. The maximum long term disability insurance benefit
level provided will be $2,000 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.The Disability Insurance Program is designed to serve the employees by mail. They
need not leave home or the hospital to receive 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.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.
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.
17
Article XVI
RETIREMENT
SECTION 1. Employees covered by this Agreement participate in the Public Employees'
Retirement System. The City agrees to pay 100% of the employees total contribution to the Public
Employees' Retirement System including the survivors benefit. The employees covered by this
agreement will be provided an annual report showing the amount of contribution so made.
SECTION 2. The City will provide the PERS 1959 Survivor Benefit at the Third Level Option
to employees covered under this agreement.
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
retirement plan.
Article XVII
EDUCATIONAL REIMBURSEMENT SECTION 1. 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 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 1 00% reimbursement up to the amount specified in
Section 2.SECTION 2. Educational reimbursement 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 XVIII SAFETY
AND HEALTH 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.In addition, the City and the WDEA agree to actively pursue the continuance of
safe working procedures
and
Article XIX
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.
Under certain conditions, with the approval of the Personnel Director, ~e department head may
extend the p~obationary period up to an additional 13 pay periods. The employee shall attain
permanent 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.
Article XX
ROMOTION
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 but no more than three salary steps, at
the discretion of the City Manager.
SECTIQN 2. 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-
selection.Article
XXI
DEMOTIONS 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 step.
and B. The new salary rate must be within the salary range for the
classification to which the employee is
demoted.Article
XXII 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 Puroose. 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 ScoDe. 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 Policv. The City retains the right to abolish any position, reduce the
work force and layoff employees when it becomes necessary due to economic conditions,
organizational changes, lack of work, or because the necessity for a position no longer exists.
Whenever possible, the City will advise the union 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.
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. Water Department Employee Performance
Evaluation 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
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 disciplinary action.
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 fumish 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 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.
21
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;
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 XXIII
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
22
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.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
assignments.J. To relieve employees from duties for lack of work 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
a. 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 Agreement.
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 the 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 XXIV
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION 1. DUES DEDUCTIONS. The City shall deduct for dues and WDEA
benefits on a regular 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 30 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. The WDEA shall be provided with a list of the names of newly hired
employees in the representation unit on a monthly basis.
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.
24
B. Scheduled WDEA meetings.
C. Information conceming WDEA elections and the results thereof.
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.
SECTIQN 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
Califomia and/or United States of America.
Article XXV
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
recognize 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
such meetings and names of persons attending.
Such hours for monthly Representatives' meeting shall commence after the normal
working hours of the majority of employees in the bargaining unit.
Such hours are not cumulative from month to month, and/or fiscal year to fiscal year,
25
and are chargeable only at the rate of one hour per month up to a limit of nine hours per
fiscal year.
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 maximum of nine
hours per fiscal year.
Employees who are on normal working hours during representatives' meeting shall
be released from work to attend during last hour of work.
Article XXVI
NO STRIKE-NO
LOCKOUT SECTION 1. The WDEA, its officers, agents, representativesand/or members
agree that during the term of this Agreement, they will not cause or condone any strike,
walkout,slowdown, sickout, 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 facilities.
WDEA Responsibilitv SECTION A. 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 unlawful, and they should immediately cease engaging in prohibited conduct and
return
to work.SECTION B. 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 covered by this
Agreement
violation of Section 1 above.
Article XXVII
GRIEVANCE PROCEDURE
SECTION 1. DEFI,...ITION 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 responsive, 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
27
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. 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 XXVIII
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 XXIX
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 negotiate or bargain with regard to wages, hours,
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.
Article XXX
EMERGENCY WAIVER PROVISION
28
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 XXXI
MISCELLANEOUS PROVISIONS
SECTION 1. Rideshare Incentive Proaram. An employee may receive $30 per
month and eight hours compensatory time every six months for carpooling, using public
transportation, biking, walking, or using 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. Evealass Reolacement. 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.ECTION 3. Coffee Break. Employees are entitled to two 15 minute coffee
breaks,unless an emergency requires continued work, as determined by the employee'
s supervisor. An employee shall be permitted to take one coffee break during the first
half of the work shift and one coffee break during the second half of the work shift.
Coffee 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 coffee 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.SECTION 5. Mileaae Reimbursement. Expense claims for the use of
private automobiles must be submitted through the Department Head to the City Manager via
the Finance Director. Such use, where mileage is reimbursed, will be reimbursed at the
rate of $0.30 per
mile.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, 1996
and shall continue in full force and effect until February 28, 1999.
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 25tltlayof
lI.w::.,1996.
WATER DEPARTMENT EMPLOYEES
ASSOC.
Jlul!,<-30
EXHIBIT "A"
WATER DEPARTMENT EMPLOYEES ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE MARCH 1, 1998
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
SR. WATER METER SVC. WKR. 399 2609 2742 2882 3029 3183 3346
WATER EQUIP. OPERATOR I 382 2397 2519 2648 2783 2925 3074
WATER EQUIP. OPERATOR II 412 2784 2926 3075 3232 3397 3570
WATER MAlNT. LEAOWORKER 412 2784 2926 3075 3232 3397 3570
WATER MAlNT. WORKER I 349 2033 2137 2246 2360 2481 2607
WATER MAlNT. WORKER II 369 2246 2361 2481 2608 2741 2881
WATER METER SVC. WORKER I 359 2137 2246 2361 2481 2608 2741
WATER METER SVC. WORKER II 379 2361 2482 2608 2741 2881 3028
WATER PLANT OPERATOR I 374 2303 2421 2544 2674 2810 2954
WATER PLANT OPERATOR II 394 2545 2675 2811 2954 3105 3263
WATER SKILLED MAlNT. WKR. 392 2520 2648 2783 2925 3074 3231
WATER YARD WORKER 382 2397 2519 2648 2783 2925 3074
EFFECTIVE DECEMBER 22. 1998
SR. WATER METER SVC. WKR. 399 2609 2742 2882 3029 3183 3346
WATER EQUIP. OPERATOR I 382 2397 2519 2648 2783 2925 3074
WATER EQUIP. OPERATOR II 412 2784 2926 3075 3232 3397 3570
WATER MAlNT. LEAOWORKER 412 2784 2926 3075 3232 3397 3570
WATER MAlNT. WORKER I 355 2095 2202 2314 2432 2556 2686
WATER MAINT. WORKER II 375 2315 2433 2557 2687 2824 2968
WATER METER SVC. WORKER I . 365 2202 2314 2432 2556 2687 2824
WATER METER SVC. WORKER II 385 2433 2557 2688 2825 2969 3120
WATER PLANT OPERATOR I 380 2373 2494 2621 2755 2896 3043
WATER PLANT OPERATOR II 400 2622 2756 2896 3044 3199 3362
WATER SKILLED MAlNT. WKR. 392 2520 2648 2783 2925 3074 3231
WATER YARD WORKER 382 2397 2519 2648 2783 2925 3074
EFFECTIVE JUNE 21. 1998.
SR. WATER METER SVC. WKR. 403 2662 2797 2940 3090 3248 3413
WATER EQUIP. OPERATOR I 386 2445 2570 2701 2839 2984 3136
WATER EQUIP. OPERATOR II 416 2840 2985 3137 3297 3465 3642
WATER MAlNT. LEADWORKER 416 2840 2985 3137 3297 3465 3642
WATER MAlNT. WORKER I 359 2137 2246 2361 2481 2608 2741
WATER MAlNT. WORKER II 379 2361 2482 2608 2741 2881 3028
WATER METER SVC. WORKER I 369 2246 2361 2481 2608 2741 2881
WATER METER SVC. WORKER II 389 2482 2609 2742 2882 3029 3183
WATER PLANT OPERATOR I 384 2421 2544 2674 2811 2954 3105
WATER PLANT OPERATOR II 404 2675 2811 2955 3105 3264 3430
WATER SKILLED MAlNT. WKR. 396 2570 2701 2839 2984 3136 3296
WATER YARD WORKER 386 2445 2570 2701 2839 2984 3136
ThIs schedule, which retfects a 2% COLA for all classltlcatJons, will ". adjusted to a maximum 0'3% based on the CPl.
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