RES-8360 MOU Operations and Maintenance Unit, effective 9-18-1994 to 6-24-1995RESOLUTION NO. 8360
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A.ui)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 SEPTEMBER 18,1994,THROUGH AND
INCLUDING JUNE 24,1995, AND REPEALING RESOLUTION NO.
7613 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,
CITY and the Operations and Maintenance Unit, represented by SEIU, have reached
agreement on wages, salaries, and fringe benefits effective September 18, 1994 through
June 24, 1995, and repealed Resolution No. 7613 and amendments thereto for said employees,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.ADOPTED
this 27tlday of Sept. , 199~.9k ~
k .". ~~,,4:Mayor
of the City of Orange Pro
Tern ATTEST:
j~
CityClerkofeCitfQPange
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 21.t~ay of ""'pt- ,
199~, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
SPURGEON, BARRERA, CClONTZ, MURPHY
NONE
MAYOR BEY~_ .
Q /l
22i:1AA'/iItC '-
P.#/~
City Clerk of City(et ~nge
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
OPERATIONS AND MAINTENANCE UNIT
OF
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 787
September 18, 1994 through June 24, 1995
INDEX
Article Title of Article
Basic Compensation Plan (Salaries)
Callback Pay and Comp Time for Callback
City Rights
Demotions
Educational Reimbursement
Emergency Waiver Provisions
Employee Organization Rights & Responsibility
Fringe Benefit Administration
Grievance Procedure
Health Benefits
Holidays
Layoff Procedures
Leaves of Absence
Life Insurance
Miscellaneous Provisions
Non-
Discrimination No Strike - No Lockout
Overtime (Compensatory Time)
Part-time & Temporary Employee
Eligibility for Fringe
Benefits XVIII Probationary
Period XIX
Promotion XXXIII Ratification and
Execution I
Recognition XV
Retirement XVII Safety and
Health XXXI
Separability XXIII
Stewards XXVI Sole and Entire Memorandum of
Understanding XXXII Term of Memorandum of
Understanding X
Vacation XXVII Waiver of Bargaining During Term of this
Agreement V
WorkWeek IV Working out of
Class Appendix A
Salaries Appendix B
Addendum
III
VII
XXI
XX
XVI
XXVIII
XXII
XIII
XXV
XIV
IX
XXIX
XII
VIII
XXX
II
XXIV
VI
XI Paqe
No.
1
6
19
18
17
25
20
15
23
15
7
25
9
6
28
1
22
5
9
18
18
30
1
17
17
29
21
24
29
8
25
4
4
31
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 "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 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 sea.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
designated classifications of employment listed in this Memorandum of Understanding and its
attachments.
SECTION 2. Salaries effective September 18, 1994, through and including June 24,
1995 for employees covered by this Agreement are listed in Appendix"A".
The salary and wage schedules attached hereto shall constitute the basic compensation
plan consisting of six steps or rates of pay in each range.
The respective ranges shall be identified by number and the steps by the letters "A" to
F" inclusive.
SECTION 3. Hourlv Rate Part-time
Emplovees 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
Yo 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. Beoinnino 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 Number 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 Salarv 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 readvancement under
the same provisions as contained in Subsection (c) of Section 5.
SECTION 8. Niaht 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
3
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 flat dollar rate shift
differential is as follows:
Equipment Mechanics $125.00
Equipment Service Worker $100.00
SECTION 9. 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 other approved modes of transportation to the work-site.
To qualify for these incentives, the employee must use one of the above forms of
transportation 70% of their commuting
time.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 holiday or a regularly scheduled day off shall break the consecutive
period 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.
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 the time off for holidays falling in any work week,
Monday through Friday, or callback in accordance with Article VII, shall be counted towards
the computation of overtime.
SECTION 4. Compensatory time for overtime shall be accumulated in no less than Yo
hour per day increments. When an employee works less than Yo hour per day of overtime, the
employee shall not receive compensatory time for overtime of less than Yo 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 hour during any calendar year. Any accumulated compensatory time accrued
in excess of said 80 hours shall be automatically paid.
SECTION 7. Usage of compensatory time previously earned shall be as follows:
A. Accumulated compensatory time off may be taken by an employee upon
reasonable notice and prior approval of the department head 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.
5
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.
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 1Y:z 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 Y:z 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
The City shall contribute $5.10 cents for single coverage and $5.46 for family coverage per
month per employee towards life insurance coverage.
6
Article IX
HOLIDAYS
SECTION 1. Employees covered by this Agreement shall receive the following paid
eight hour holidays:
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 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 Saturday, except
one-half day before Christmas, the preceding Friday will be taken in lieu of the actual date
on which
the holiday falls.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 eight 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. 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
For purposes of this benefit employees will have credited one floating holiday per year.
This floating holiday shall be taken as time off from work no later than the end of the fiscal
year. Said employees than earn one floating holiday effective each July 1, 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 said holiday.
Article X
VACATION
SECTION 1. All full-time, regular employees who have one year's continuous
service shall thereafter be entitled to a vacation as
follows:After Year(
s)of
Service Vacation
Hours Per
Year 1 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 Personnel Director. 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 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
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. Permanent 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 Frinoe Benefits Based
Uoon Proration of Hours. Permanent 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.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, medical insurance contribution, life insurance contribution, and retirement contribution. Part time
employees who work over 30 hours shall receive disability insurance on a
prorated basis. Permanent, 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 Pav. 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
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 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 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. Employee may be allowed up to one working
day per month, without pay, for personal business with approval of the department head.
Employee 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 fiscal year for
family illness, which shall be charged against the employee's accumulated sick leave.
SECTION 4. Familv Care and Medical Leave (FCML).
A. 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.
10
An employee's request for leave is subject to review and final approval of the Personnel
Director.
1. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks
of leave during any 12-month period. An employee's entitlement to leave for the
birth or placement of a child for adoption or foster care expires 12 months after the birth
or
placement.The 12-month period for calculating leave entitlement will be a "
rolling period"measured backward from the date leave is taken and continues with
each additional leave day taken. Thus, whenever an employee requests leave, the city will
look back over the previous 12-month period to determine how much leave has
been used in determining how much leave a member
is entitled to.2. Use of Other Accrued Leaves While on Leave. If
an employee requests leave for any reason permitted under the law, he/she must exhaust
all accrued leaves except sick leave) in connection with the leave. This includes
vacation, holiday, and other compensatory accruals. If an employee requests leave for his/
her own serious health condition, in addition to exhausting accrued leave, the
employee must also exhaust sick leave. The exhaustion of accrued leave will run
concurrently with the Family Care
and Medical Leave.3. Required Forms. Employees must fill out required forms,
available in the Personnel Department, including: Request for Family or
Medical Leave; Medical Certification; Authorization for Payroll Deductions for benefit
plan coverages (if applicable); and Fitness-for-
Duty to return from leave.SECTION 5. Jurv Duty 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.
Employee 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
B. Sick leave will be charged at the rate of one hour for each hour an employee is
absent. Employees who are working an 8 hour day will be charged at a rate of 8 hours
for each day an employee is absent. Employees who are working a 9 hour day will be
charged at a rate of 9 hours for each day of absence. An employee working a 10 hour
day will be charged at a rate of 10 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 related
conditions; and/or
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 above, Family Leave
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
12
July 3, 1977 will be used. When employees actually use sick leave for absences in
accordance with Section 5 (c) above, they will be paid at their then current salary rate,
regardless of whether sick leave was accrued prior to or subsequent to July 3, 1977.
H. When sick leave is used in accordance with Section 5 (c) above, the City will
first charge the earliest accrued sick leave, then the next earliest, and so on (first-in,
first-
out).I. Notwithstanding any other provision herein, an employee who is initially
hired after July 1, 1980 shall be allowed to accumulate and be credited with sick leave with
pay only up to a maximum of 520 hours. Sick leave hours in excess of such maximum
shall be
forfeited.Section 8. BEREAVEMENT LEAVE. Regular full-time employees shall be
entitled to take three days bereavement leave within one calendar year on the following
terms
and conditions:A. Bereavement leave may only be used upon the death or critical
illness where death appears to be imminent of the employee's immediate family. "Immediate
family" as used in this subsection, shall include husband, wife, parent, brother,
sister, child,grandchild, grandparent, mother-in-law, father-
in-law, brother-in-law
and sister-in-law of the employee, regardless of residence.B. Days of
absence due to bereavement leave shall not exceed three working days 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. Following this period,the employe~:still on
approved industrial leave shall be compensated at 80% of his regular rate
Of
pay up to a maximum of 335 calendar days.1 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
C. An industrial leave of up to one year shall be authorized for each injury or
illness determined to be compensable under the Worker's Compensation Act.
D. Except as provided in (b) above, no employee shall have accrued sick leave
deducted while on industrial leave. Vacation and sick leave shall accrue for an employee
on industrial leave.
E. Industrial leave shall expire when the first one of the following conditions
occurs:
1) Employee is able to return to work to his regular position.
2) The employee is able to return to work to another position designated
by the City.
3) The day before the employee is retired or separated for disability. The
employee's "retirement date" shall be the first of the month after all of the following
occur and are determined by the Public Employee's Retirement System:
The employee's conditions is determined to be permanent or of an
extended duration;
The degree of disability precludes continued employment by the
employee in his present position.
4) After 52 weeks of industrial.
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.
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Article XIII
FRINGE BENEFIT ADMINISTRATION
SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance
carrier or administer any fringe benefit programs that now exist or may exist in the future
during the term of the Memorandum of Understanding.
SECTION 2. SELECTION AND FUNDING. In the administration of the fringe benefit
programs, the City shall have the right to select any insurance carrier or other method of
providing coverage to fund the benefits included under the terms of this Memorandum of
Understanding, provided that the benefits of the employees shall be no less than those in
existence as of implementation of this Agreement.
SECTION 3. CHANGES. If, during the term of this Memorandum of Understanding, any
change of insurance carrier or method of funding for any benefit provided hereunder occurs,
the City shall notify 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 Public Employees Retirement System (PERS) to make
available those health insurance benefits provided under the Public Employees Medical and
Hospital Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other
benefits program maintained by the City for eligible employees, eligible retirees, and their
eligible surviving annuitants.
A. Except as provided in 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 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 1 (A).
C. Any amounts in excess of the amounts designated in Section 1 (A) and (B)
necessary to maintain benefits under any benefits plans selected by the employee shall be
borne by the employee.
D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled in the same agency or enrolled in an agency with PERS health, unless the employee
or the spouse) is enrolled without being covered as a family member. Additionally, an
employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses
not to be enrolled in the health plan, the employee must provide proof, as determined by the
Personnel Director, that comparable medical insurance is in full force and effect. Based on
determination that insurance is in full force and effect, eligible employees shall receive
60.00 toward the Flexible Benefits Plan. Effective October 1, 1994, based on determination
that insurance is in full force and effect, eligible employees shall receive $121.00 toward the
Flexible Benefits Plan. In the event that the employee loses eligibility (with documentation)
then the employee may re-enroll in the PERS Health Benefits Plan pursuant to their rules
and
regulations.SECTION 2. LONG TERM DISABILITY
BENEFITS.A. 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.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 the Operations and Maintenance
Unit.The Disability Insurance Program is designed to serve the employees by mail.
They need not leave home or the hospital to receive benefits. In order to apply, a claim form
must be obtained from the Personnel Department. They must fill out the "Claim Statement
of Employee" form completely and then have their doctor complete the "Doctor's
Certificate"section in order for the claim to be processed. The employee should be aware that if
he receives State Disability Insurance benefits for time paid as sick leave by the City, he will
be responsible for reimbursing the City by payroll deduction for the amounts paid by both the
City and State Disability insurance, and sick leave balances will be adjusted
accordingly.When a claim is received, the State Disability Insurance Office will request the
necessary information to determine the employee's eligibility. Benefits may begin with the day after
the
7th calendar day waiting period of disability or the first day of hospitalization. An employee
may be paid for the waiting period if their disability exceeds 21 days.
Benefits are coordinated between the City of Orange and State Disability and the
employee is paid allowance benefits based on their present rate of pay and the State Disability
Insurance benefit schedule.
Article XV
RETIREMENT
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.
Article XVI
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
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 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 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
17
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 $165 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
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-
placing.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
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 and
operations.R. To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this
Agreement.S. To take any and all necessary action to carry out the mission of the City
in
emergencies.SECTION 2. Except in emergencies, or where the City is required to make changes
in its operations because of the requirements of law, whenever the contemplated exercise
of Management's rights shall impact on 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 monies 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.
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.
21
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 nine 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
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 listed 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 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, 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 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
ResDonsibilitv SECTION 1. 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 2. 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 1
above.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 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 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.
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 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 hereunder. This Memorandum of Understanding is not intended
to conflict with federal or state law.
24
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.
25
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.ll~3. The order of layoff will be the least senior employee
as determined
by
the procedure above.Ii 4. Prior to the establishment of the final order of layoff,
the Personnel Director shall furnish affected employees a copy of the "proposed Order
of Layoff." Notice will be hand delivered
to
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 fourteen 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. This list will be provided in writing ten working
days from the last employee appeal. 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 REDUCTION IN LIEU OF LAYOFF
1. Whenever employees are to be laid off, they may transfer or take a reduction 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 take a reduction to lower level,
filled positions within their department providing they meet all of the following
criteria:
a. possess the minimum qualification 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 30 calendar days following appointment;
c. posses greater seniority to displace a lower level worker;
d. request in writing a reduction to the previously held or supervisory position
within ten calendar days of receiving the notice of layoff or voluntary
reduction. A voluntary reduction shall not reflect as a negative action in the
employee's personnel file.
27
E. REEMPLOYMENT LISTS
1. Regular employees in good standing who are laid off or take a reduction shall
have their name placed on a departmental reemployment list for any
classification previously held. Names shall be placed on the list in inverse order
of seniority. (Last released - first rehired). Vacancies the department desires to fill
will be offered first to eligibles on the departmental reemployment list.2.
Other hiring departments who have vacancies the city desires to fill will give priority
consideration to those employees whose names appear on the reemployment
list. If these employees are not selected for rehire, the reason for non-
selection must be approved by the Personnel Director.
3. Names of qualified individuals shall remain on reemployment lists for a period
not to exceed 2 years from the date of layoff. Individuals who qualify for rehire
but do not respond to written notification to the last known address on file within
ten calendar days or who refuse two job offers shall have their names removed
from the reemployment list. Once rehired, employee names are removed from
all reemployment lists.
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 city service for
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 $400.00 per
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
28
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. Damaged due to fire, earthquake or flood; or
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 September 18,
1994, and shall continue in full force and effect until June 24, 1995.
29
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
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 27th
day of "<>['rnmhg" 199-
4-'CITY OF ORANGE SEIU LOCAL 787 for
MAINTENANCE AND OPERATIONS
UNIT
r}
APPENDIX "A"
MAINTENANCE AND OPERATIONS UNIT
MONTHLY SALARY RANGES
EFFECTIVE SEPTEMBER 18,1994
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
CHEMICAL SPRAYER 375 2315 2433 2557 2687 2824 2968
CUSTODIAN 339 1934 2033 2137 2246 2360 2480
EQUIPMENT MECHANIC I 381 2385 2507 2634 2769 2910 3058
EQUIPMENT MECHANIC II 401 2635 2770 2911 3059 3215 3379
EQUIPMENT MECHANIC LEAD 421 2912 3060 3216 3380 3553 3734
EQUIPMENT OPERATOR I 378 2350 2469 2595 2728 2867 3013
EQUIPMENT OPERATOR II 398 2596 2728 2868 3014 3168 3329
EQUIPMENT SERVICE WORKER 346 2003 2105 2212 2325 2444 2569
FIELD MAINTENANCE LEAD 408 2729 2868 3014 3168 3330 3499
FIELD MAINTENANCE WORKER I 345 1993 2095 2201 2314 2432 2556
FIELD MAINTENANCE WORKER II 365 2202 2314 2432 2556 2687 2824
PARK EQUIPMENT SERV WKR 354 2085 2191 2303 2420 2543 2673
PARK SECURITY GUARD 335 1896 1993 2094 2201 2313 2431
SR. PARK EQUIPMENT MECHANIC 401 2635 2770 2911 3059 3215 3379
SKILLED MAINTENANCE WORKER 388 2470 2596 2728 2867 3013 3167
SKILLED MAINTENANCE LEAD 408 2729 2868 3014 3168 3330 3499
STREET SWEEPER OPERATOR 384 2421 2544 2674 2811 2954 3105
TRAFFIC SIGN WKRlPNTR 376 2326 2445 2570 2701 2838 2983
31
APPENDIX "B"
ADDENDUM TO RESOLUTION NO. 8360, THE MEMORANDUM OF
UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 787
Article III
SALARIES
SECTION 2. A. Salaries effective September 18, 1994 through and including June 24,
1994 for employees covered by this Agreement are listed in Appendix "A". The salaries
schedule in effect on September 18, 1994 shall remain at that level through the life of
the Memorandum of Understanding.
B. Salary schedules are incorporated in to the MOU as monthly amounts based on
a 40 hour work week and 80 hour work period. However, for the remainder of the term
of this MOU, actual salaries paid to employees will be prorated to reflect the furlough
program which provides for a 36 hour work week and 72 hour work period.
Article V
WORKWEEK
The regular work week for all employees covered by this MOU shall be 40 hours per
week. Except that, for the term of this MOU, the regular work week for all budgeted full-
time employees covered by this MOU and participating in the temporary furlough
program shall be 36 hours per week.
Article VI
OVERTIME COMPENSATORY TIME
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 Section 2. Only time actually worked (except callback)
shall count in the computation of overtime. Except that, for the term of this MOU, the
time off for holidays falling in any work week, Monday through Thursday, or callback in
accordance with Article VII, shall be counted toward the computation of overtime.
32
SECTION 6. An employee shall not be entitled to accumulate compensatory time in
excess of 80 hours during any calendar year. For the term of this MOU, any
accumulated compensatory time accrued in excess of said 80 hours must be taken
within one month of accrual or lost. Furthermore, during the term of the MOU,
employees shall waive the right to convert accumulated compensatory time to cash.
Article IX
HOLIDAYS
SECTION 2. In the event any of the above holidays, except the 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. For the term of this MOU, when any of the above
holidays fall on a Friday or Saturday, except one-half day before Christmas, employees
will be credited with eight 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.
Article
X VACATION SECTION 3. An employee may convert up to 50% of his current
annual vacation accrual into pay in lieu of time off with pay. This provision shall be waived for the
term of
this MOU.
Article XI PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY
FOR FRINGE BENEFITS SECTION 2. Entitlement to Frinae Benefits Based Upon
Proration of Hours.Permanent 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
MOU, for full-time employees participating in the temporary furlough program, the normal
work week shall be defined as a 36 hour work week. (Continuing language in Article
XI
Section 2.
remains the same).
Article XII LEAVES OF ABSENCE SECTION 6. SICK LEAVE Sick leave with pay
shall be allowed, credited, and accumulated
in
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 MOU, 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 an employee is absent. For the term of this
Agreement, an employee who is working a nine hour day will be charged at a rate of
nine hours for each day the employee is absent.
SECTION 8. INDUSTRIAL LEAVE. A regular employee who is temporarily or
permanently incapacitated as a result of injury or illness determined to be compensable
under the Workers' Compensation Act shall be granted industrial leave on the following
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 rate of pay based on
a 36 hour work week up to a maximum of 335 calendar days.
34
LETTER OF UNDERSTANDING
BETWEEN
THE CITY OF ORANGE
AND
THE OPERATIONS AND MAINTENANCE UNIT
REPRESENTED BY THE SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL 787
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 Operations and Maintenance Unit, represented
by the Service Employees' International Union, Local 787, herein after referred to as the
Union", on July 23, 1995.
1. PREAMBLE/BASIS FOR AGREEMENT
On June 1, 1995 the City and the Union 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 Union agreed to terms relating to wages, hours, and working conditions in
the Memorandum of Understanding between the City and the
Union.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,
Letter of Understanding
Between the City and Operations and Maintenance Unit
e) Day after Thanksgiving, 1995
f) Christmas Day, 1995
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 Union acknowledge that this Letter of Understanding shall not be in
full force and effect until ratified by the Union 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 Union and entered into
this day of July 23, 1995.
SEIU LOCAL 787 for MAINTENANCE AND
OPERATIONS UNIT
Bvf?--'/~CITY
OF 0 NGE 2
Letter of Understanding
Between the City and Operations and Maintenance Unit
Jim Tomasello, President
BY:IJ(!1JtA
BY:
3