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RES-8208 Amending Resolution No. 7614 Professional, Technical and Clerical UnitPr' .i llt,~ 1 ',- ,1 .) RESOLUTION NO. 8208 RESOLUTION NO. 8208 AMENDING RESOLUTION NO.7614 OF THE PROFESSIONAL, TECHNICAL, AND CLERICAL UNIT TO EXTEND THE EFFECTIVE DATE OF THE AGREEMENT THROUGH SEPTEMBER 30, 1993 AND INCORPORATE THE ATTACHED ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE PROFESSIONAL,TECHNICAL, AND CLERICAL UNIT EFFECTIVE JUNE 27,1993 THROUGH SEPTEMBER 30, 1993.WHEREAS, the City of Orange, herein referred to as 'CITY', and the Professional,Technical, and Clerical unit, represented by Orange County Employees Association, have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and WHEREAS, CITY and the Professional, Technical, and Clerical unit, have reached agreement on changes in wages, hours and working conditions associated with the extension of the current contract and furlough program as outlined in the attached addendum to the memorandum of understanding effective June 27, 1993 through September 30, 1993.NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange that the attached addendum to the Memorandum of Understanding, Resolutions No. 7614, is approved and incorporated by reference as Exhibit . A' as though fully set forth herein.ADOPTED this 20thdayof July 1993. Attest:JyA~~'~i~p-? U City Clerk of e C 0 range 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 2 0 t h day of July,1993 by the following vote: AYES: NOES: ABSENT: ABSTAIN:COUNCIL MEMBERS: SPURGEON BARRERA MAYOR BEYER COONTZ MURPHY COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE City rk0f" the t"ity of EXHIBIT "A" ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE PROFESSIONAL, TECHNICAL, AND CLERICAL UNIT EFFECTIVE JUNE 27, 1993 THROUGH SEPTEMER 30, 1993. ARTICLE III SALARIES SECTION 2. add The salary and wage schedules listed in Exhibit' A' of Resolution No. 7614 constitute the basic monthly compensation plan based on a forty (40) hour work week. For the remaining term of this agreement, employees represented by this MOD shall received a prorated portion of the basic monthly compensation plan based upon hours actually worked in a work week. Freeze current salary schedule in effect on June 26, 1993 for life of Agreement. Article VIII WORKWEEK SECTION 1. replace with: The regular work week for all employees covered by this agreement shall be forty (40) hours per week. For the remainder 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 thirty-six (36) hours per week. Article IX OVERTIME CALL BACK COMPENSATION SECTION 1. OVERTIME (COMPENSATORY TIMEheplace with:A. All employee covered by this Memorandum having an average work week of thirty-six (36) hours or forty (40) hours, shall be entitled to compensatory time for all hours worked in excess of forty (40) hours within the employee's work week. Compensatory time shall be accumulated at the rate of one (1) hour of compensatory time for each one (I) hour of overtime worked.Fire dispatch employees can accrue compensatory time in lieu of overtime. When compensatory time is taken, the employee filling the vacated position must be paid overtime.Only time actually worked shall count in the computation of overtime, except the time off due to excused absence for holidays, accumulated compensatory time off, vacation, and sick leave shall be counted toward the computation of overtime. Except that, for employees participating in the temporary program, only time actually worked shall count in the computation of overtime, except the time off due to excused absence for holidays falling on Monday through Thursday in any work week, accumulated compensatory time off, vacation, and sick leave shall be counted toward the computation of overtime. Compensatory time shall be accumulated to the nearest one-half (1/2) hour increment. Where an employee works less than one-half (1/2) hour per day of overtime, the employee shall not receive computation of overtime. In order to be entitled to compensatory time, such compensatory time must be authorized by the department head or his authorized agent. An employee shall not be entitled to accumulate compensatory time in excess of eighty (80) hours during any calendar year. Any accumulated compensatory time accrued in excess of said eighty (80)hours shall be automatically paid. Except that, for the remaining term of this agreement, for employees participating in the temporary furlough program, any accumulated compensatory time accrued in excess of said eighty (80) hours must be taken as time off within one month of date the employee exceeds the eighty (80) hour limit or the excess hours shall be forfeited.Furthermore, during the remaining term of this agreement, employees shall waive the right to convert accumulated compensatory to cash.SECTION 2. CALLBACK COMPENSATION replace with:If employees having completed a normal work week of forty (40) hours or those employees participating in the furlough program having completed a work week of thirty- six (36) hours are required to report back to work after completing a normal work shift and have left the City premises and/or work location, they shall be compensated in cash or as compensatory time off at the straight time rate for actual hours of work with a minimum of three (3) hours call back compensation, regardless of whether the employee works less than three (3) hours.This provision shall be applicable to employees although the employees' work week is not completed, but shall not apply to employees who are continuing on duty. Article X HOLIDAYS C. add. . Except that, for the remaining term of this agreement, for those employees participating in the temporary furlough program, when any of the above holidays falls on a Friday or Saturday, except one-half (1/2) day before Christmas, employees will be credited with eight (8) hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by the end of the calendar year in which it was accumulated.Article XI VACATION SECTION 1. replace with: All full-time, regular employees who work an average of forty 40) hour work week and who have one (1) year's continuous service shall thereafter be entitled to a vacation as follows, except that, for the remaining term of employees participating in the temporary furlough program who work a thirty-six (36) hour work week and who have one (I) year's continuous service shall thereafter be entitled to a vacation as follows: (no change in accrual schedule).C. add.. For the remaining term of this agreement, this provision shall be waived.Article XII LEAVES OF ABSENCE B. Industrial Leave l(a) reolace with:a) An employee granted industrial leave shall continue to be compensated at his regular rate of pay during the first thirty (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 thirty-six (36) hour work week during the first thirty (30) calendar days of his injury. Following this period,the employee still on approved industrial leave shall be compensated at eighty percent 80 %) of his regular rate of pay up to a maximum of 335 calendar days in lieu of temporary disability payments. Except that, for employees participating in the temporary furlough program, employees still on approved industrial leave shall be compensated at eighty percent (80 %) of his rate of pay based on a thirty- six (36) hour work week up to a maximum of 335 calendar days in lieu of temporary disability payments.F. Sick Leave. replace J) with:1) For employees working a regular (40) hour week, eight (8) hours of sick leave will accrue for each month of continuous service. For the remaining term of this agreement, for employees participating in the temporary furlough program and working a thirty-six (36) hour work week, eight (8) hours of sick leave will accrue for each month of continuous service.Article XIII INSURANCE SECTION 3. PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE BENEFITS B. 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 scheduled in the budget to work to the normal forty (40) hour work week on an annual basis. For the remaining term of this Agreement, for full-time employees participating in the temporary furlough program, the normal work week shall be defined as a thirty-six (36) hour work week. (Continuing language in Article XIII INSURANCE SECTION SECTION 4. HEALTH INSURANCE Freeze city's contribution to health and dental insurance in effect on June 26, 1993. Article XV EDUCATIONAL REIMBURSEMENT SECTION 2(8). Replace with... To qualify for the incentive, eligible employees shall become and remain certified by the International Conference of Building Officials LC.B.O.) as a Combination Dwelling Inspector in one of the following disciplines: 1) Plumbing; 2) Electrical; 3) Mechanical; 4) Plans Examiner; 5) Any other discipline approved by the Building Official that may be offered by LC.B.O. in the future. Failure to maintain certification in the required disciplines (through re-examination) shall result in such inspector no longer qualifying for the incentive.SECTION 2(0). Replace with... City shall pay LC.B.O. fees upon passing initial and recertification examinations.Article XXV MISCELLANEOUS PROVISIONS SECTION 1. RIDESHARE INCENTIVE PROGRAM. Language remains the same as specified in Resolution No. 7614.SECTION 2. MISCELLANEOUS FURLOUGH PROVISIONS A. Earlv Retirement Options The City will offer to employees in this bargaining unit additional two year service credit option under the Public Employees' Retirement System for the designated period from June 29, 1993 through September 27, 1993.B. Accumulated Compensatorv Time ConversionPrivilel!:e For the term of this agreement the employees covered by this Agreement shall waive their privilege to convert accumulated compensatory time to cash in lieu of time taken.Article XXX TERM OF MEMORANDUM OF UNDERSTANDING AND ADDENDUM The term of the Memorandum of Understanding, Resolution No. 7614 and this addendum shall commence on June 27, 1993 and shall continue in full force and effect until September 30, 1993.5-Reso. Article XXVII RATIFICATION AND EXECUTION The City and the Orange County Employees' Association acknowledge that this Memorandum 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 Memorandum of Understanding is hereby executed by the authorized representatives of the City and the Association and entered into this 20th day of July , 1993. CITY OF ORANGE Reso.8208 6-