RES-8358 Agreement between Water Department Employees' Association effective 6-26-1994 to 6-24-1995a:;::Ind!((~ f/l
f:'i:{k? ~'6L; el/
RESOLUTION NO. 8358 i{) t( ri&-Teo/ 7:;3 95-
dda: {,j(j'O/
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 JUNE 26,
1994, THROUGH JUNE 24, 1995, AND REPEALING
RESOLUTION NO. 7623 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conditions of employment effective June 26, 1994, through June 24, 1995, and repealed
Resolution No.7623 and amendments thereto for
said employses.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.ADOPTED this l2tdayof
July ,
199...!...Q~City Clerk the g:Jty
o<<5range
RNF. RRVRR Mayor of the City
of Orange BY:~./~
t.-M yor Pro
ern
Attest: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 ...l.2.~y of July, 199.
i..,by the following
vote:AYES: COUNCILMEMBERS: SPURGEON, BARRERA, COONTZ,
MURPHY NOES: COUNCILMEMBERS:
NONE ABSENT: COUNCILMEMBERS: MAYOR
BEYER hU'~/
Or7~City Clerk the6(y 6f
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
WATER DEPARTMENT EMPLOYEES ASSOCIATION
INDEX
Article
No. Title of Article PaQe No.
Recognition 1
Non-Discrimination
1 III Basic Compensation Plan
2 IV Performance Evaluation
4 V Working Out of Class
4 VI WorkWeek
5 VII Overtime Compensatory Time
5 VIII Callback Pay, Standby Pay and Comp Time
7 for
Callback IX Life Insurance
7 X Holidays
7 XI Vacation
9 XII Regular Part-Time and
Temporary Employee Eligibility for Fringe
Benefits 9 XIII Leaves of
Absence 10 XIV Fringe Benefit
Administration 15 XV Health
Benefits 16 XVI
Retirement 17 XVII Educational
Reimbursement 17 XVIII Safety and
Health 18 XIX Probationary
Period 18 XX
Promotion 18 XXI
Demotions 19 XXII Layoff
Procedure 19 XXIII City
Rights 19 XXIV Employee Organizational Rights and
Responsibility
No. Title of Article Paoe No.
XXV Representatives 22
XXVI No Strike - No Lockout 23 XXVII
Grievance Procedure 24 XXVIII
Sole and Entire Memorandum of Understanding 25 XXIX
Waiver of Bargaining During Term of this Agreement
25 XXX
Emergency Waiver Provision 26 XXXI
Miscellaneous Provisions 26 XXXII
Separability 27 XXXIII
Term of Memorandum of Understanding 27 XXXIV
Ratification and Execution 27
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
understood
Article III
BASIC COMPENSATION PLAN
SECTION 1. Salaries effective June 26, 1994 for employees covered by this
agreement are listed in Appendix "A". The salary schedules in Appendix "A" are
incorporated into the MOU as monthly amounts based on a 40 hour work week and 80
hour work period. However, for the term of this agreement, 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 workschedule 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 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", "D", "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 at the time of the termination of employment.
SECTION 5. ADVANCEMENT WITHIN SCHEDULE.
The
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
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 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 $50.00 per month during the period of such special
assignment.
A. Soecial Assionment 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.Article
IV PERFORMANCE EVALUATION SECTION 1. Any dispute as to the contents of the performance
evaluation shall first be discussed with the immediate supervisor. If not resolved, the
employee may appeal the disputed evaluation through the appropriate chain of command up
to the department head whose decision shall be
final and binding.SECTION 2. Notwithstanding Section A 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
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 hClur 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 term of this agreement, 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.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
Thursday,or callback in accordance with Article VIII, shall be counted towards the computation
of
overtime.SECTION 4. Compensatory time for overtime shall be accumulatedi!1 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 'h
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. For the term of this
agreement, any accumulated compensatory time accrued in excess of said 80 hours must
be taken within one month of accrual or lost, and employees covered by this agreement
shall waive their privilege to convert accumulated compensatory time to cash in lieu of
time taken.
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
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.
6
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 Yo 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 Yo 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.
Article IX
LIFE INSURANCE
SECTION 1. Effective December 30, 1990, the City shall contribute $5.10 for single
coverage or $5.46 for fam i1y coverage per month per employee toward a $15,000 life
insurance policy.
SECTION 2. Any contribution necessary to maintain said life insurance policy in
excess of the amount set forth above shall be borne solely by the employee.
Article X
HOLIDAYS
SECTION 1. Employees covered by this Agreement shall receive the following eight
hour paid holidays:
1 ) January 1
2) The 3rd 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 Dec.
24 falls on a Monday
thru
Thursday 10) Christmas
Day 11) One floating
holiday effective July 1,
1988)
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 Saturda.f, except one-half day before
Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. For the
term of this agreement, when any of the above holidays falls on a Friday or Saturday, except
one-half day before Christmas, employees' holiday banks will be credited with eight
hours of holiday compensatory time. Holiday compensatory time must be taken by the employee by the
end of t~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 eight hours
of compensatory holiday time. Such holiday time must be taken by the end of
each calendar year.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 and is to be taken in either eight or
four hours increments.A. For purposes of this benefit, employees will have credited one
8 hour floating holiday as of July 1, 1988. This floating holiday shall be taken as time off from
work no lat than June 30, 1989. Said employees then earn one floating holiday effective
each July 1,during the course of this agreement which shall be taken as time off from
work during the fiscal 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 fiscal year it
was earned. For purposes of this benefit, said employee's anniversary year runs July 1
through June 30.Employees under this section who terminate their employment with the City prior
to using the floating holiday shall receive cash reimbursement
for
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 HoursPer
Year 1 thru
4 5 thru
10
11
12
13
14 15 thru
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 days not in excess of the equivalent number of days 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 days earned in the immediately preceding 24 month period. All
vacation days in excess of the equivalent number of days earned in the immediately preceding 24
month period not taken by the employee shall be
forfeited.SECTION 3. 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.
For the term of this agreement, this provision shall be
waived.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
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 e1ays 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 term of this agreement, full-time employees participating in
the temporary furloug program, the normal work week shall be defined as 36 hours. The annual schedule
for all reguli 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, medical insurance 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 in any resolution
of the City,
unless otherwise
provided by Federal
Law.Article XIII LEAVES OF ABSENCE SECTION 1. Leave of Absence Without Pay.
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 leav_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 d;:;ys' written notice of the employee'
s
Any employee who engages in outside employment during sail:! 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 pwer fiscal year, 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 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 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 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 section, shall include husband, wife, parent, brother, sister, child,
grandchild,grandparent, mother-in-law, father-in-law,
brother-in-law and sister-in-law of employee,regardless of residence. Days of
absence due to bereavement
leave shall not exceed three working days per year.B. Bereavement leave shall be limited to
one incident per year and, 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
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 the term of this agreement, for employee
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
by the department head and/or
2) Personal illness or physical incapacity resulting from causes beyond the
employee's control; including pregnancy, childbirth and other medically related
conditions; and/or
3) Family illness. An employee may charge 27 hours per year to sick leave for
reasons of family illness.
4) Notwithstanding subsection (5) above, 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 3) above. 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
12
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 52) 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, during
the term of this agreement, employees shall continue to be compensated at hislher rate of
pay based on a 36 hour
work week.Following this period, the employee still on approved industrial leave
shall be compensated at 80% of his regular rate of pay up to a maximum of 335
calendar days.B. Should it be determined that an employee's illness or injury did not arise
in the course of the employee's employment with the City or that the employee is not
temporarily or permanently incapacitated or disabled, as a result of the injury or illness, then the
employee's accrued, or if insufficient, future sick leave shall be charged to reimburse the City
for any payments made to the employee pursuant to (
a) above.C. An industrial leave of up to one year shall be authorized for each injury
or illness determined to be compensable under the 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
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 continuedemployment 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:
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 is
reported.
SECTION 8. FAMILY CARE AND MEDICAL LEAVE (FCMLl.
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.
14
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 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
coverages (if applicable);and Fitness-for-
Duty to
return from leave.
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 the WDEA prior to any change of insurance carrier
or
method
Article XV
HEALTH BENEFITS
SECTION 1. HEALTH INSURANCE.
Effective March 1, 1994, the City shall contract with 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.
1) Except as provided in Section 4 (2) 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.
2) Flexible Benefits Plan. Effective March 1, 1994, 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 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 4 (
1).3) Any amounts in excess of the amounts designated in Section 4 (1) and (
2)necessary to maintain benefits under any benefits plans selected by the
employee shall be borne by the
employee.4) 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. The City for the term of this agreement 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.
B.
For all initial hire probationary employees covered by this agreement during the probationary
period, the City shall not contribute any sum whatsoever toward a long term disability
plan.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 theWDEA.
In
order to apply, a claim form must be obtained from the Personnel Department. 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.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
XVI RETIREMENT
SECTION
1. Employees covered by this Agreement participate in Public Employees'Retirement
System. Effective July 2,1989, 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 wll authorize P.E.R.S. to modify on or before July 1,1991, the current 1959
Survivor Benefit from the Improved Level to the "Best of Three" or Third Level option.SECTION
3. The City will pay the premium to provide employees covered under this agreement
with the Third Level of 1959 Survivor Benefits.Article
XVII EDUCATIONAL
REIMBURSEMENT SECTION
1. The City will reimburse employees for the cost of tuition and text books required
for approved community college and college courses. An approved course is one 17
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 according to the following schedule:
Grade Reimbursement
A
B
C
D or F
100%
75%
50%
0-
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 environments.
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, the department head may extend
the probationary 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 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,18
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 ttie 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-
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 The City retains the right to abolish any position, reduce the work force, and
layoff employees when it becomes necessary due to economic conditions,
organization changes, lack of work, or because the necessity for a position no longer
exists.When a layoff or reduction in force is necessary, the layoff procedures set forth
in Resolution No. 8179 shall be used as the established policy and
procedure.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
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 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 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.
B. Scheduled WDEA meetings.
21
C. Information concerning 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.
SECTION 5. Except as limited by specific and express terms of this Memorandum of
Understanding, the WDEA hereby retains and reserves unto itself all rights, powers, and
authority, confirmed on and vested in it by the laws and Constitution of the State of
California and/or United States of America.
Article 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.
22
Such hours are not cumulative from month to month, and/or fiscal year to fiscal year,
and are chargeable only at the rate of one hour per month up to a limit of nine hours per
fiscal year.
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, representatives and/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 ResDonsibilitv SECTION 1. In the event that the WDEA, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Section 1 above, the WDEA
or its duly authorized representatives shall immediately instruct any persons engaging
in such conduct that their conduct is in violation of this Memorandum of
Understanding and unlawful, and they should immediately cease engaging in prohibited conduct and
return
to
SECTION 2. If the WDEA performs all of the responsibilities set forth in Section A
above, its officers, agents, and representatives shall not be liable for damages for
prohibited C'..onduct performed by employees who are covered by this Agreement in
violation of Section 1 above.
Article XXVII
GRIEVANCE PROCEDURE
SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a
timely complaint by an employee or group of employees of the WDEA concerning the
interpretation or application of specific provisions of this Memorandum of Understanding or
of the Rules and Regulations governing personnel practices or working conditions of the
City.
SECTION 2. Business days mean calendar days, exclusive of Saturdays, Sundays,
and legal holidays recognized by the City.
SECTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES. The
time limits for filing written formal grievances shall be strictly construed, but may be
extended by mutual agreement evidenced, in writing, and signed by a duly authorized
representative of the City and the grieving party. Failure of the grieving party to comply
with any of the time limits set forth hereunder shall constitute waiver and bar further
processing of the grievance. Failure of the City to comply with time limits set forth in this
Section shall automatically move the grievance to the next level in the Grievance
Procedure. The grieving party may request the assistance of the WDEA in presenting a
grievance at any level of review or may represent himself.
SECTION 4. INFORMAL PROCESS. An employee must first attempt to resolve a
grievance on an informal basis by discussion with his immediate supervisor without undue
delay.
Every effort shall be made to find an acceptable solution to the grievance by these
informal means at the most immediate level of supervision. At no time may the informal
process go beyond the division head concerned. In order that this informal procedure
may be 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
24
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 will1in 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 XXIV
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.
25
Article XXX
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 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 ReDlacement. 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 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 $.25 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 June 26, 1994,
and shall continue in full force and effect until June 24, 1995.
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 mtday of
1111y , 199~.
CITY OF ORANGE WATER DEPARTMENT EMPLOYEES
ASSOC.
27
APPENDIX "A"
WATER DEPARTMENT EMPLOYEES ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 26. 1994
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
WATER MAINT. WORKER I 345 1993 2095 2201 2314 2432 2556
WATER MAINT. WORKER II 365 2202 2314 2432 2556 2687 2824
WATER HYDRANT MAINT. WKR. 365 2202 2314 2432 2556 2687 2824
WATER YARD WORKER 378 2350 2469 2595 2728 2867 3013
WATER EQUIP. OPERATOR I 378 2350 2469 2595 2728 2867 3013
WATER EQUIP. OPERATOR II 408 2729 2868 3014 3168 3330 3499
WATER METER SVC. WORKER I 355 2095 2202 2314 2432 2556 2686
WATER METER SVC. WORKER II 375 2315 2433 2557 2687 2824 2968
WATER SKillED MAINT. WKR. 388 2470 2596 2728 2867 3013 3167
WATER PLANT OPERATOR I 370 2258 2373 2494 2621 2755 2895
WATER PLANT OPERATOR II 390 2495 2622 2755 2896 3044 3199
SR. WATER METER SVC. WKR. 395 2557 2688 2825 2969 3121 3280
WATER MAl NT. LEADWORKER 408 2729 2868 3014 3168 3330 3499
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LETTER OF UNDERSTANDING
BETWEEN
THE CITY OF ORANGE
AND
THE WATER DEPARTMENT EMPLOYEES' ASSOCIATION
This Letter of Understanding (the "LOU") is entered into by and between the City of Orange,
herein after referred to as the "City", and the Water Department Employees' Association,
herein after referred to as the "Association", on July 23, 1995.
1. PREAMBLE/BASIS FOR AGREEMENT
On June 1, 1995 the City and the Association engaged in discussions concerning the
fiscal problems the City continues to encounter for the 1995-1996 Fiscal Year.
These discussions resulted in a Letter of Understanding wherein pursuant to the City's
request the Association agreed to terms relating to wages, hours, and working conditions in
the Memorandum of Understanding between the City and the
Association.2. TERM OF
AGREEMENT This Letter of Understanding shall remain in full force and effect to and
including February 29, 1996. Except as set forth herein, the terms of the Memorandum
of Understanding (the "MOU"), for the period from June 26, 1994 through and
including June 24, 1995, and any subsequent addendum and amendments to the MOU shall
be extended and remain in full force and effect through and including February 29,
1996.3.
SALARY Effective December 24, 1995, the base salaries shall be increased by 2%.
Salaries effective on December 24, 1995 are listed in the attached "Exhibit
A".4. HOLIDAY
COMPENSATION For the duration of this LOU the following holidays will be compensated as nine (9)
hour
holidays:a) July 4,
1995 b) First Monday in September,
1995 c) November 11,
1995 d) Thanksgiving Day,
1995 e) Day after Thanksgiving,
1995 f) Christmas Day,
Letter of Understanding
Between the City and Water Department Employees' Association
g) January 1, 1996
h) The third Monday in February, 1996.
5. CONVERSION OF COMPENSATORY TIME
From July 23, 1995 through and including December 1, 1995, employees covered by
this LOU may convert up to forty (40) hours of their accumulated compensatory time to
cash. For the remaining term of this LOU, employees shall waive their privilege to
convert accumulated compensatory time to cash in lieu of time taken.
6. MISCELLANEOUS PROVISIONS
a) Actuarial Valuation for 2% @ 55 Formula
The City, as a contracting agency with the Public Employees' Retirement System, shall
request an actuarial valuation to determine the cost of providing the 2% @ 55 Formula
to Local Miscellaneous Members.
b) No layoff Provision
For the period from July 23, 1995 through and including December 31, 1995, the
employees covered by this LOU shall not be subject to layoffs.
c) Most Favored Nation Clause
For the term of this LOU, the City agrees that should any other bargaining unit
negotiate for increases in salary in excess of those specified in this LOU those
increases shall become part of this agreement.
7. RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Letter of Understanding shall not be
in full force and effect until ratified by the Association and adopted by the City Council
of the City of Orange. Subject to the foregoing, this Letter of Understanding is hereby
executed by the authorized representatives of the City and the Association and entered
into this day of July 23, 1995.
WATER DEPARTMENT EMPLOYEES'
ASSOCIATION
BY:
BY:
v 2
Letter of Understanding
Between the City and Water Department Employees' Association
BY:BY:
BY:
3
EXHIBIT "A"
WATER DEPARTMENT EMPLOYEES ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE DECEMBER 24, 1995
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 MAINT. LEADWORKER 412 2784 2926 3075 3232 3397 3570
WATER MAINT. WORKER I 349 2033 2137 2246 2360 2481 2607
WATER MAINT. 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 MAINT. WKR. 392 2520 2648 2783 2925 3074 3231
WATER YARD WORKER 382 2397 2519 2648 2783 2925 3074
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