RES-8640 MOU Operations and Maintenance Unit effective 03-01-1996 to 02-28-1999RESOLUTION NO. 8640
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 OPERATIONS AND
MAINTENANCE UNIT, REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 787, CONCERNING WAGES, HOURS, AND
OTHER CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF MARCH 1,
1996, THROUGH AND INCLUDING FEBRUARY 28,1999, AND REPEALING
RESOLUTION NO. 8360 AND AMENDMENTS THERETO FOR SAID
EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as "CITY" through its
representatives, and the Operations and Maintenance Unit, represented by Service
Employees International Union Local 787, hereinafter referred to as "SEIU" through its
representatives, have met and conferred in accordance with the requirements of the Meyers-
Milias-Brown Act;
and WHEREAS, the CITY and the Operations and Maintenance Unit, represented by
SEIU,have reached agreement on wages, salaries, and fringe benefits effective March 1,
1996,through February 28, 1999, and repealed Resolution No. 8360 and amendments thereto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 (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 this25thday of June,
199~.
tf or of the City of
Orange 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 25tJday of
June 199~, by the following
vote:
AYES:
NOES:
ABSENT:COUNCILMEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON,
SLATER COUNCILMEMBERS:
NONE COUNCILMEMBERS:
NONE City Clerk of the . of
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
OPERATIONS AND MAINTENANCE UNIT
OF
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 787
March 1, 1996, through February 28, 1999
INDEX
Title of Article Page No. Article No.
Basic Compensation Plan (Salaries) 4 III
Callback Pay and Comp Time for Callback 10 VII
City Rights 22 XXI
Demotions 22 XX
Educational Reimbursement 21 XVI
Emergency Waiver Provisions 29 XXVIII
Employee Organization Rights & Responsibility 24 XXII
Fringe Benefit Administration 18 XIII
Grievance Procedure 27 XXV
Health Benefits 19 XIV
Holidays 10 IX
Layoff Procedure 29 XXIX
Leaves of Absence 13 XII
Life Insurance 10 VIII
Miscellaneous Provisions 32 XXX
Non-Discrimination 4
II No Strike - No Lockout 26 XXIV
Overtime (Compensatory Time) 8 VI
Part-time & Temporary Employee Eligibility 12
XI for Fringe
Benefits Probationary Period 21
XVIII Promotion 22
XIX
Title of Article Page No. Article No.
Ratificatioll ~nq ~~ecution 33 XXXIII
Recognition 4
Retiremel1l 20 XV
Safety and Health 21 XVII
Separability 33 XXXI
Stewards 25 XXIII
Sole and Entire Memorandum of Understaflding 28 XXVI
Term of Memorandum of Understanqlng 33 XXXII
Vacation 11 X
Waiver of B<!rg<!!Qing During Term of 29 XXVII
this Agreef11e.nt ,,,, . ,,' '
WorkWeeK 8 V
Working o!Jt 9f Class 7 IV
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
OPERATIONS AND MAINTENANCE UNIT OF
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 787
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 Service Employees
International Union, AFL-CIO, Local 787, (hereinafter called the "Union") 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 Union 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 the Union 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 Union 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, Whenever the masculine gender is
used in this Memorandum of Understanding, it shall be
understood to
include
feminine gender.Article III SALARIES SECTION 1, Basic Compensation Plan. There
is hereby established a basic compensation plan for all members of the Operations and Maintenance
Unit in any of the designated classifications of employment listed in this
Memorandum
attachments.
SECTION 2, Salaries effective March 1, 1996, December 22,1996, and December 21,
1997, for employees covered by this Memorandum of Understanding 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. For the term of this agreement,
employees represented by this Memorandum of Understanding shall receive a prorated
portion of the basic monthly compensation plan based upon hours actually worked in a work
week.
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 equivalent classification shall be determined in the same manner. In
determining the hourly rate as herein provided, compensation shall be made to the nearest
Y, cent.B. 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 part-time
employment shall equal six months' service.SECTION 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,SECTION 5. 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
employees 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
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 Schedule.
The
A. Merit Advancement. An employee may be considered for advancement
through the salary range upon completion of the minimum length of service as specified
in Section 6 A(3) below, Advancement through the salary range may be granted only
for 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 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
therefor.
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 therefor, 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 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 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 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
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 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 and as Equipment Service Workers on the night shift.
Night shift differential shall be paid for shifts starting between the hours of 3:00 p,m. and 5:00 a.
m,
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. 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:
Equipment Mechanics
Equipment Service Worker
125.00
100,00
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 their commuting
time.SECTION 10. Bilingual Bonus Pay. Employees covered under this Agreement may
be assigned by the department director to a Bilingual Assignment. Such employees on
Bilingual Assignment shall receive an additional $140.00 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 department director shall determine the number of Bilingual Assignment
positions which are necessary based upon a demonstrable and frequency of
use;8, All Bilingual Assignments must be approved by the Personnel Director or his or
her
designee;C. Employees receiving Bilingual Assignment compensation must successfully pass
a proficiency test on an annual
basis,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. 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 within the scope and responsibilities of the
higher classification on the 121st consecutive hour out of class, and for each consecutive
hour thereafter an employee works out of class. 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. 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. 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 time, vacation), except absence due
to a regularly scheduled holidays or a regularly scheduled day off, shall break
consecutiveness and cause an employee to be ineligible to receive 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 Agreement shall be 40 hours
per week. Except that, for the duration of the temporary work furlough program, the regular
work week for all budgeted full-time employees covered by this Agreement and participating
in the temporary work furlough program shall be 36 hours per week. The temporary
work furlough program will end on a date certain, during the period from July 5, 1997,
through September 28, 1997, based upon the decision of the City and with prior notification to
SEIU.Article
VI 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 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 designated
representative.SECTION 3. 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 (Monday through Thursday for those employees participating
in the temporary work furlough program), or callback in accordance with Article VII, shall
be counted towards the computation of
overtime.SECTION 4. Compensatory time for overtime shall be accumulated in no less than
Y,hour per day increments. When an employee works less than Y, hour per day of overtime,
the employee shall not receive compensatory time for overtime of less than % hour per
day
worked.
SECTION 5. In order to be entitled to overtime, such compensatory time must be
authorized by the department head or his designated representative.
SECTION 6, An employee shall not be entitled to accumulate compensatory time in
excess of 80 hours during any calendar year. Any accumulated compensatory time accrued
in excess of said 80 hours shall be automatically paid in cash at the end of the calendar year.
SECTION 7. Usage of compensatory time previously earned shall be as follows:
A. Accumulated compensatory time off may be taken by an employee upon
reasonable notice and prior approval of the department head or his designated
representative.
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.
D. Compensatory time off should be taken during the fiscal year earned.
SECTION 8. If in the event of circumstances beyond the City's control (such as acts of
God, fire, flood, insurrection, civil disorder, national emergency, or other similar
circumstances), an employee is required to hold over on his normal work shift, and to jointly
work with another employee who has been called back pursuant to Article VII 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. An employee promoted to a higher classification not covered by this
Agreement 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.
9
Article VII
CALLBACK 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, 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.
Article VIII
LIFE INSURANCE
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 IX
HOLIDAYS
SECTION 1. Employees covered by this Agreement shall receive the following paid nine
hour holidays and one eight hour floating holiday:
1 ) January 1
2) The third Monday in February
3) Last Monday in May
4) July 4
5) First Monday in September
6) November 11
7) Thanksgiving Day
8) Day after Thanksgiving
9) One-half day before Christmas, if December 24
falls on a Monday through
Thursday 10) Christmas
Day 11) One floating holiday (effective each January
1)
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 Friday or Saturday and the
Friday is the employee's regularly scheduled day off, 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. 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. 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
on a holiday.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, the
employee's 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, For purposes of this benefit employees will have credited
one eight hour floating holiday per calendar year. This floating holiday shall be taken as time
off from work no later than the end of the calendar year, The floating holiday is not cumulative
and shall be forfeited should it not be taken during the calendar year in which it was
earned. For purposes of this benefit, said employee's anniversary year runs January 1 through
December 31. The floating holiday shall be taken at the convenience of the City with approval
of the department head. 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 X VACATION SECTION 1. All full-time, regular employees who have one
year's continuous service and employees participating in the temporary furlough program who work
a 36 hour work week and who have one year continuous service shall thereafter be entitled
to
a
After Year(s)
Qf Service
1 thru 4
5thru10
11
12
13
14
15 thru 24
25 or more
Vacation Hours
E.erYear
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 Personnel Director. Employees shall not
accumulate vacation in excess of the equivalent number of hours earned in the immediately
preceding 24 month period. All vacation accrual in excess of the equivalent number of hours
earned in the immediately preceding 24 month period 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 oftime 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.
SECTION 4. Eligible full-time and part-time employees who terminate
their employment with the City after one year of full-time employment 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 of the employee during the employee's anniversary
year of
employment.Article XI 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 or months per year of work,SECTION 2, Entitlement to
Fringe
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 duration of the furlough, for full-time employees participating in the
temporary furlough program, the normal work week shall be defined as a 36 hour work week.
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. 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 receive no fringe benefits provided for in this Agreement or in any resolution of the
City, unless otherwise provided by
Federal and/
or State Law.
Article XII LEAVES OF ABSENCE SECTION 1. Leave of Absence Without Pay. After
all available leave benefits (other than sick leave), including vacation, compensatory time, and
any 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 (6)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 Directors opinion, such additional leave is
merited and would still preserve the best interests of the City, he may approve such extensions 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 falsifies the reason for the
request for said leave of absence may be terminated for falsifying a request for leave
of
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 pavment of the total premium bv
the emplovee is made through a reasonable method of payment by 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 Necessitv Leave. An employee may be allowed up to one
working day per month. without pay, for personal business with approval of the department
head. Employees shall accrue no employment benefits for any personal necessity leave in
excess of one day per month. Personal necessity leave shall be without pay and shall not be
accumulated from month to month.
SECTION 3. Familv Leave. An employee is allowed up to 27 hours per calendar year
for family illness, which shall be charged against the employee's accumulated sick leave.
SECTION 4. Familv Care and Medical Leave CFCMLl.
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.
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,
other compensatory accruals. If an employee requests leave for hislher 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 coverage (if
applicable); and Fitness-for-Duty to return
from leave.SECTION 5. JUry DulY and Services as Witness for Citv. 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 paid to the individual employee, less allowed automobile expenses, are turned over
to the City. 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. Militarv Leave of Absence. If an employee is required to
take military training two weeks each year, he shall be entitled to military leave of absence
under the provisions of State law, found in Section 395-395.02 of the Military
and Veterans' Code.SECTION 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. For the duration
of the temporary furlough program, for employees participating in the temporary
furlough program and working a 36 hour work week, eight hours of sick leave will accrue for
each month
of continuous service.B. Sick leave will be charged at the rate of eight hours for each
day an employee is absent. Employees who are working a 10 hour day will be charged at a
rate of 10 hours for each day of absence. For the term of this agreement, an employee
working a 9 hour day will be charged at a rate of 9 hours for each
day of absence.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
3) No employee shall be eligible or entitled to sick leave with pay for any
illness or injury arising out of and in the course of City employment.
D, Sick Leave 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.
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, 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 7 (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 7 (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 8, BEREAVEMENT LEAVE. Regular full-time employees shall be
entitled to take three days 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
as used in this subsection, shall be limited to any relation by blood, marriage or adoption,
who is a member of the employee's household (living at the same address) and any
parent, legal guardian, parent-in-law, brother-
in-law, sister-in-law grandparent,grandchild, aunt, uncle, spouse, child, brother, or
sister
of the employee regardless of residence.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 with
pay for the period of absence.SECTION 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 Worker's Compensation Act shall be granted industrial
leave
on the following term 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 his 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
a maximum of 335 calendar days.B, Should it be determined that an employee's illness or
injury did not arise in the course of the employee's employment with the City
or that the employee is not temporarily or permanently incapacitated or disabled, as a
result of the injury or illness,then the employee's accrued, or if insufficient, future
sick leave shall be charged to reimburse the City for any payments made to
the employee pursuant to (A) above.C. An industrial leave of up to one year shall
be authorized for each injury or illness determined to be compensable
under the 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
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:
a) The employee's conditions 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.
F. Employees who have not previously submitted notifications 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 or
her 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 or she 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.
Article XIII
FRINGE BENEFIT ADMINISTRATION
SECTION 1 ADMINISTRATION The City reserves the right to select the insurance
carrier or administer any fringe benefit programs that now exist or may exist in the future
during the term of the Memorandum of Understanding.
SECTION 2. SELECTION AND FUNDING. In the administration of the fringe benefit
programs, the City shall have the right to select any insurance carrier or other method of
providing coverage to fund the benefits included under the terms of this Memorandum of
Understanding, provided that the benefits of the employees shall be no less than those in
existence as of implementation of this Agreement.
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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 herein occurs, the
City shall notify the Union prior to any change of insurance carrier or method of funding the
coverage.
Article XIV
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
medical insurance program maintained by the City for eligible employees, eligible retirees, and
their eligible surviving annuitants,
A. Except as provided in Article XIV 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:Employee
Only Two
Party
Family 169.
00 276.
00 371,
00 The City's payment toward the Flexible Benefits Plan is exclusive of the $16,00
payment in Section 1 (
A),C. 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.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
SECTION 2. LONG TERM DISABILITY BENEFITS.
A. For the term of this agreement the City shall contribute .9% of the employee's
monthly salary to a maximum of $3,333.33 per month toward a long term disability plan
covering employees set forth herein. The maximum long-term disability insurance
benefit level will be $2,000.00 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 the Operations and Maintenance
Unit.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.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.Article
XV
RETIREMENT SECTION 1. Employees covered by this Agreement participate in Public
Employees'Retirement System. City shall maintain its present contribution of 7% of the employee's
share to the public employees' retirement system for the term of this agreement. 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 1959 PERS Survivor Benefits at the Third
Level
Option.SECTION 3. 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 be contribute 3.75% of the employee's
eligible earnings toward the retirement plan. Employees shall contribute 3.75% of his eligible
earnings toward the
retirement
Article XVI
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 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 1 00% reimbursement up to the amount specified in Section 2 of this Article.
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 XVII
SAFETY AND HEALTH
SECTION 1. The City and the employees of the City agree to comply with all applicable
Federal, State and City laws, codes and policies which related to health and safety. In
addition, the City and the Operations and Maintenance Unit agree to actively pursue the
continuance of safe working procedures and environments.
SECTION 2. Safetv 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 boots allowance. Inspection of the work site will be made on a regular basis to
ascertain compliance to the safety shoe program.
Article XVIII
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, the department
head may extend the probationary period for an additional 13 pay periods. The employee
21
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 XIX
PROMOTION
SECTION 1, When an employee is promoted to a position of a higher classification, he
may be assigned to Step "A" in the appropriate range for the higher classification; provided,
however, that if such employee is already being paid at a rate equal to or higher than Step "A"
in the appropriate range for the higher classification, he may be placed in the step in that
appropriate salary range as will grant him an increase of at least one, but no more than three
salary steps, at the discretion of the City Manager.
SECTION 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-
placement.Article
XX
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
XXI CITY
RIGHTS SECTION 1. The City reserves, retains, and is vested with, solely and exclusively,
all rights of Management which have not been expressly abridged by specific provisions of
this Memorandum of Understanding or by law to manage the City, as such rights existed prior
to the execution of this Memorandum of Understanding, The sole and exclusive rights
of Management, as they are not abridged by this Agreement or by law, shall include, but not
be limited to, the following
rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts which are the basis of
the Management
decision.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 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 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
Memorandum of Understanding,O. To determine policies, procedures, and standards for
selection, training, and
promotion of employees.p, To establish employee performance standards including, but not
limited to, quality and quantity standards; and to
require compliance therewith.Q, To maintain order and efficiency in its
facilities
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 a significant number of employees of the bargaining unit, the
City agrees to meet and confer in good faith with representatives of the Union 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 Union 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 XXII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION 1. DUES DEDUCTIONS, The City shall deduct for dues and Union benefits
on a regular basis from the pay of all employees in the classifications and positions recognized
to be represented by the Union, 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 Union within 30 days following their deduction,
SECTION 2. INDEMNIFICATION. The Union 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 Union, except the intentional failure of the City to
transmit to the Union moneys deducted from the employees pursuant to this Article.
SECTION 3. The Union shall 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. The Union shall have the right to use bulletin boards
on City premises for the purpose of posting announcements and Union information. The City
will furnish bulletin board space on one existing bulletin board to be selected by the Union at
each location where there are five or more employees, The bulletin boards shall be used for
the following subjects only:
A. Union recreational, social, and related Union news bulletins.
B, Scheduled Union meetings,
24
C. Information concerning Union elections and the results thereof.
D, Reports of official Union business, including Union newsletters, reports of
committees, or the Board of Directors.
E. Any other written material which first has been approved and initiated by the
designated City representative at each facility, The designated City representative must
either approve or disapprove a request for posting within 24 hours, excluding Saturday,
Sunday, and legal holidays, from the receipt of the material and the request to post it.
The designated City representative shall not unreasonably withhold permission to post.
SECTION 5, Except as limited by specific and express terms of this Memorandum of
Understanding, the Union 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 XXIII
STEWARDS
SECTION 1. The City agrees to recognize the following Stewards selected by the Union:
A. One Steward for the Maintenance Yard (Public Works).
B, Two Stewards for the Parks Division.
C. One Steward for Garage.
D. One Chief Steward and one Assistant Chief Steward.
SECTION 2. The Union shall have the responsibility to notify the City, in writing, of the
names of its duly authorized Stewards, The City shall have no obligation to recognize or deal
with any employee as a Steward unless he is on the designated Steward list.
SECTION 3 Stewards shall not log compensatory time, overtime, or any other premium
pay time for time spent performing any function as a Steward.
SECTION 4, Stewards shall be entitled to use City available facilities to hold meetings,
In addition, each Steward shall be allowed twelve hours per fiscal year of City time for the
purpose of attending Stewards' meetings, The Union will make advanced notification to a
designated Management representative as to time and date of such meetings and names and
department of persons attending.
Such hours for monthly Stewards' 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, and
25
are chargeable only at the rate of one hour per month up to a limit of twelve hours per fiscal
year. 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. Employees who are on normal working hours during Stewards' meeting shall
be released from work to attend during last hour of work.
Article XXIV
NO STRIKE-NO
LOCKOUT SECTION 1, The Union, its officers, agents, representatives and/or members agree
that during the term of this Agreement, they will not cause or condone any strike,
walkout,slowdown, sick-out, or any other job action by withholding or refusing to
perform services.SECTION 2, The City agrees that it shall not lock out its employees during the
term of this Agreement. The term "lockout" is hereby defined so as not to include
the discharge,suspension, termination, layoff, failure to recall, or failure to return to work of employees
of the City in the exercise of its rights as set forth in any of the provisions of this
Agreement or applicable ordinance
or law.SECTION 3, Any employee who participates in any conduct prohibited in
Section 1 above may be subject to termination by
the City.SECTION 4, In addition to any other lawful remedies or disciplinary actions
available to the City, if the Union fails, in good faith, to perform all responsibilities listed below in
Section A,Union Responsibility, the City may suspend any and all of the rights, privileges,
accorded to the Union under the Employee Relations Resolution in this Memorandum
of Understanding,including, but not limited to, suspension of recognition of the Union, grievance
procedure, right of access, check-off, the use of the City's bulletin
boards, and
facilities,Union Responsibility SECTION A. In the event that the Union, its officers,
agents, representatives, or members engage in any of the conduct prohibited in Section 1 above,
Prohibited Conduct, the Union 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 conduct prohibited
in Section 1 above, Prohibited Conduct, and
return to work.SECTION B. If the Union 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 Agreement in violation of
Section
Article XXV
GRIEVANCE PROCEDURE
SECTION 1, DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely
complaint by an employee or group of employees or the Union 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 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 the Union 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 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. 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.
27
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 shall
be the Hearing Officer. The determination as to which party strikes first shall be made on
a random basis. 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 SEIU.The Hearing Officer shall determine whether good cause exists for the imposition
of the termination and, if not, the appropriate degree of discipline. The decision of
the Hearing Officer is remitted to the City Manager for final disposition. 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.After this procedure is exhausted, the grievant, the Union and the City shall
have all rights and remedies to pursue said grievance under the law. The City shall
instruct its supervisors on the proper use and implementation of this grievance procedure
and every reasonable effort shall be made by employee and the supervisor to resolve the
grievance at the
informal step.
Article XXVI 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 herein. This Memorandum of Understanding is not
intended to conflict with federal or
state
Article XXVII
WAIVER OF BARGAINING DURING THE 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 the 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 XXVIII
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 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 XXIX
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, All Maintenance and Operations Bargaining Unit 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 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.
29
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.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 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, Annual performance evaluations
containing significant, negative written comments indicating improvement needed
and warning of further consequences to follow if
improvement fails to occur.A single negative disciplinary action as described above
will not reduce the employee's seniority. However, additional disciplinary
actions will reduce the employee's seniority by two years for each additional
occurrence, for a possible
reduction of 6 years.2. The order of layoff shall be established by
the Personnel Director, including seniority and results of review of
performance evaluations
and prior disciplinary actions,3, The order of layoff will be the least senior employee
as determined
by the procedure above.4, Prior to the establishment of the final order of
layoff, the Personnel Director shall furnish affected employees a copy of the "Proposed
Order of Layoff, n Notice will be hand delivered
to
5. 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.
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 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, ~
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.
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.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 XXX MISCELLANEOUS PROVISIONS SECTION 1.
TOOLS. 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.The City will establish with a vendor an account
for said employees who have at least one (1)year of service in such classification, Such
employees shall be allowed up to $500.00 each fiscal year with such vendor in order
to replace and maintain the
tools necessary for the performance of his job duties.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.The City will
reimburse the mechanics for their personal tools that are:
A.
B, Stolen while the tools are on City's premises with evidence
of forced entry into the garage area.
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, 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 provided 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.
Article XXXI
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 XXXII
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 XXXIII
RATIFICATION AND EXECUTION
The City and the Union 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
33
the foregoing, this Memorandum of Understanding is hereby executed by the authorized
representatives of the City and the Maintenance and Operations Unit and entered into this
25tJday of June , 199~,
CITY OF ORANGE SEIU, LOCAL 787, for MAINTENANCE
AND OPERATIONS UNIT
1 "'7~--c-:"~ ,
CDrr)
oH-34
EXHIBIT"B"
MAINTENANCE AND OPERATIONS UNIT
MONTHLY SALARY RANGES
EFFECTIVE MARCH 1, 1996
CURRENT STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Chemical Sprayer 379 2361 2482 2608 2741 2881 3028
Custodian 343 1973 2074 2180 2291 2408 2530
Equipment Mechanic I 385 2433 2557 2688 2825 2969 3120
Equipment Mechanic II 405 2688 2825 2969 3121 3280 3447
Equipment Operator I 382 2397 2519 2648 2783 2925 3074
Equipment Operator II 402 2648 2783 2925 3075 3231 3396
Field Maintenance Lead 412 2784 2926 3075 3232 3397 3570
Field Maintenance Worker I 349 2033 2137 2246 2360 2481 2607
Field Maintenance Worker II 369 2246 2361 2481 2608 2741 2881
Park Security Guard 339 1934 2033 2137 2246 2360 2480
Sr. Park Equipment Mechanic 405 2688 2825 2969 3121 3280 3447
Skilled Maintenance Worker 392 2520 2648 2783 2925 3074 3231
Skilled Maintenance Lead 412 2784 2926 3075 3232 3397 3570
Street Sweeper Operator 388 2470 2596 2728 2867 3013 3167
Traffic Sign Worker/Painter 380 2373 2494 2621 2755 2896 3043
EFFECTIVE DECEMBER 22, 1996
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Chemical Sprayer 385 2433 2557 2688 2825 2969 3120
Custodian 343 1973 2074 2180 2291 2408 2530
Equipment Mechanic I 387 2457 2583 2715 2853 2998 3151
Equipment Mechanic II 407 2715 2854 2999 3152 3313 3482
Equipment Operator I 382 2397 2519 2648 2783 2925 3074
Equipment Operator II 402 2648 2783 2925 3075 3231 3396
Field Maintenance Lead 412 2784 2926 3075 3232 3397 3570
Field Maintenance Worker I 355 2095 2202 2314 2432 2556 2686
Fieid Maintenance Worker II 375 2315 2433 2557 2687 2824 2968
Park Security Guard 345 1993 2095 2201 2314 2432 2556
Sr. Park Equipment Mechanic 407 2715 2854 2999 3152 3313 3482
Skilled Maintenance Worker 392 2520 2648 2783 2925 3074 3231
Skilled Maintenance Lead 412 2784 2926 3075 3232 3397 3570
Street Sweeper Operator 388 2470 2596 2728 2867 3013 3167
Traffic Sign Worker/Painter 380 2373 2494 2621 2755 2896 3043
EFFECTIVE DECEMBER 21,1997
Salary Schedule to be determined based upon CPI-W, Urban Wage Earners and
Clerical Workers Index, for Long Beach - Anaheim area for November of 1996 to November of 1997
up to 3% cost of living adjustment.
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