RES-8178 Amending Resolution No. 7613 for Operations and Maintenance UnitRESOLUTION NO. 8178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE AMENDING RESOLUTION NO. 7613 OF
THE OPERATIONS AND MAINTENANCE UNIT TO
INCLUDE THE ADDENDUM OUTLINING LAYOFF
PROCEDURES.
WHEREAS, the City of Orange, herein referred to as "CITY", and the
Operations and Maintenance Unit, represented by Service Employees
International Union Local 787, have met and discussed layoff procedures;
and
WHEREAS, CITY and the Operations and Maintenance Unit have
mutually agreed upon a layoff procedure to be effective upon adoption by
the City Council; and
WHEREAS, such policy represents meaningful effort on the part of
both the CITY and the Operations and Maintenance Unit to address a
difficult situation as a result of significant budget shortfall currently facing
the CITY.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Orange that attached addendum to the Memorandum of Understanding is
approved and incorporated by reference as though fully set forth herein.
ADOPTED this ~ day of 1993.
Attest:
flJy-n1r..~
4{~~City Clerk th Ity f
Orange I hereby certify that the foregoing resolution was duly and regularly
adopted by the City Council of the City of Orange at a regular meeting thereof
held on the ~ day of May, 1993 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:SPURGEON. BARRERA, MAYOR BEYER, COON~
Z
NONE
MURPHY
NONE
Q~P'
ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF ORANGE AND
OPERATIONS AND MAINTENANCE UNIT
MAINTENANCE AND OPERATIONS
Layoff Procedures
I. PURPOSE The purpose of this policy is to establish and communicate the
city's procedures when a layoff or reduction in force is
necessary.
II. SCOPE All Maintenance and Operations Bargaining Unit
Employees
All departments are subject to reduction in force at the direction
of the City Manager.
III. 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.
IV. 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
I. 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. Negative performance and disciplinary
actions will include the
following:a. Denial of merit
increases;b. Suspension without
pay;c. Extensions of probationary
periods;d. Disciplinary demotions to lower level
positions;e. Annual performance evaluations
containing significant, negative, written
comments indicating improvement needed and warning
of further consequences to follow if
improvement fails to
occur.A single negative disciplinary action as described above
will not reduce the employee's seniority. However,
additional disciplinary actions will reduce the employee's seniority
by two years for each additional occurrence, for a
possible reduction of 6
years.2. The order of layoff shall be established by the
Personnel Director, including seniority and results of review
of performance evaluations and prior disciplinary
actions.3. The order of layoff will be the least senior employee
as determined by the procedure
above.4. Prior to the establishment of the final order of
layoff,the Personnel Director shall furnish affected
employees a copy of the "Proposed Order of Layoff." Notice
will be hand delivered to employees whenever
possible.5. If the employee wishes to contest the application of
the criteria set forth in this policy to his position on the
list,he may appeal with any supporting materials to
the Personnel Director. This request should be directed
to the Personnel Director within seven (7) calendar
days following the establishment and distribution of
a Reso. No.
Proposed Order of Layoff" list. The employee will be
allowed representation during the appeal process.
6. After meeting with all employees wishing to be heard
with respect to their position on the layoff list, the
Personnel Director or his designee shall establish the
Final Order of Layoff" list. The decision of the
Personnel Director or his designee shall be final and not
subject to the grievance process or further appeal.
C. WRITIEN NOTICE
Employees to be laid off shall be provided written notice at
least ten calendar days in advance of the layoff date. Notice
will be hand delivered to the employee whenever possible.
If personal delivery is not possible, the notice will be sent
by certified mail to the last known address.
D. TRANSFER OR DEMOTION IN LIEU OF LAYOFF
I. Whenever employees are to be laid off, they may
transfer or demote to another vacant position in their
own department or other departments providing that:
a. the positions are at the same or lower level;
b. positions are authorized, budgeted, and the city
intends to fill the vacancies;
c. employee meets qualifications of the new position as
determined by the Personnel Director.
2. Whenever employees are to be laid off, they may
demote to lower level, filled positions within their
department providing they:
a. formerly held or supervised the lower level position
within the classification series;
b. employee meets or can reasonably meet
qualifications for the new position as determined by
the Personnel Director or can reasonably meet the
qualifications within one month following
appointment;
c. possess greater seniority to displace a lower level
worker
Reso. No. 8178
d. request in writing a demotion to the previously held
or supervisory position within ten calendar days of
receiving the notice of layoff or voluntary demotion.
A voluntary demotion shall not reflect as a negative
action in the employee's personnel file.
E. REEMPLOYMENT LISTS
I. Regular employees in good standing who are laid off or
demoted shall have their name placed on a departmental
reemployment list for the last classification previously
held. Names shall be placed on the list in inverse order
of seniority. (Last released - first rehired) Vacancies the
department desires to fill will be offered first to eligibles
on the departmental reemployment list.2.
Other hiring departments who have vacancies the city desires
to fill will give priority consideration to those employees
whose nan1es appears 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 remployment
lists.
V. 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 .
Reso. No. 8178
The City and the Operations and Maintenance Unit acknowledge that this addendum to the
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 Operations and
Maintenance Unit and entered into this _ day of , 1992.
By:
By:
Reso. No. 8178