RES-8214 Amending Resolution No. 7613 Operations and Maintenance Unit MOU effective 6-27-1993 to 9-30-1993p.,~at,J 7,<.0 /, I .
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RESOLUTION NO. 8214
RESOLUTION NO. 8214 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE AMENDING RESOLUTION NO.
7613 OF THE OPERATIONS AND MAINTENANCE 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 OPERATIONS
AND MAINTENANCE UNIT EFFECTIVE JUNE 27,1993
THROUGH SEPTEMBER 30, 1993.WHEREAS,
the City of Orange, hereinafter referred to as "CITY," and the
Operations & Maintenance Unit hereinafter referred to as "O&M Unit,"have
met and consulted in accordance with requirements of the Meyers-Milias-
Brown Act; and
WHEREAS, CITY and the O&M Unit have agreed upon modifications
to wages, hours and other conditions of employment 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; and
WHEREAS, such changes as have been agreed upon by both CITY
and the O&M Unit represent meaningful efforts on the part of both parties
to address significant financial difficulties and the resulting budget shortfall
currently faced by CITY.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Orange that the attached addendum to the Memorandum of
Understanding, Resolution No. 7613, is approved and incorporated by
reference as Exhibit" A" as though fully set forth herein.
ADOPTED this 27tltJay of July 1993.
Attest:
City Clerk of e Cit 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 27th 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
d4;~~~
City Clerk of e Cit range
2-Reso. 8214
EXHIBIT "A"
ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCIATIONS, INC.
Article III
SALARIES
SECTION 2. A. Salaries effective July 1, 1990. through and including June
30, 1993 for employees covered by this Agreement are listed in Exhibit" A".
Current salaries in effect on June 26, 1993 shall remain at that level
through the life of this Agreement.
B. Salary schedules are incorporated in to the MOU as monthly amounts
based on a forty (40) hour work week and eighty (80) hour work period.
However, for the remainder of the term of this Agreement, actual salaries
paid to employees will be prorated to reflect the furlough program which
provides for a thirty-six (36) hour work week and seventy-two (
72) hour
work period.
Article V
WORK WEEK The regular work week for all employees covered by this Agreement
shall be forty (40) hours per week. Except that, for the remainder of the
term of this Agreement, the regular work week for all budgeted
full-time employees covered by this Agreement and participating in
the temporary furlough program shall be thirty-six (
36) hours
per week.Article
VI OVERTIME COMPENSATORY TIME SECTION 3. Overtime shall be accumulated at the rate of
one (1) hour of compensatory time for each one (1) 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 8. Only time actually worked (except
callback) shall count in the computation of overtime. Except that, for the remainder
of the term of this Agreement, 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
SECTION 6. An employee shall not be entitled to accumulate compensatory
time in excess of eighty (80) hours during any calendar year. For the
remainder of the term of this Agreement, any accumulated compensatory
time accrued in excess of said eighty (80) hours must be taken within one
month of accrual or lost. Furthermore, during the remaining term of this
agreement, 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 remainder of the term of this Agreement, when any
of the above holidays fall on a Friday or Saturday, except one-
half day before Christmas, employees will be credited with eight (8)
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 fifty (50%)
of his current annual vacation accrual into pay in lieu of time off with
pay. This provision shall be waived for the remainder of the term
of this
Agreement.Article XI PART-TIME AND TEMPORARY
EMPLOYEE
ELIGIBILITY FOR FRINGE BENEFITS SECTION 2. Entitlement to Frinae 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 forty (40) hour 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 XI Section
Article XII
LEAVES OF ABSENCE
SECTION 6. SICK LEAVE Sick leave with pay shall be allowed, credited,
and accumulated in accordance with the following:
A. For employees working a regular forty (40) hour week, eight (8)
hours of sick leave will accrue for each month of continuous service.
For the remainder of the 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.B. Sick leave will be charged at the rate of eight (8) hours for
each day an employee is absent. Employees who are working a ten (10)
hour day will be charged at a rate of ten (10) hours for each day an
employee is absent. For the remainder of the term of this Agreement, an
employee who is working a nine (9) hour day will be charged at a rate of nine (
9)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 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 in lieu of temporary disability payments. Following this
period, the employee 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.Article
XXIX
MISCELLANEOUS PROVISIONS Add:SECTION 5.
MISCELLANEOUS FURLOUGH PROVISIONS A. Earlv Retirement Ootions. The City will offer to
employees in this bargaining unit additional two years service credit option
under the Public Employees' Retirement System for the designated period
from June 29,1993 through
September 27, 1993.
B. Accumulated Comoensatorv Time Conversion Privileae. 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 XXXI
TERM OF MEMORANDUM OF UNDERSTANDING
The term of the Memorandum of Understanding, Resolution No. 7613 and
this addendum shall commence on June 27, 1993 and shall continue in full
force and effect until September 30, 1993.
Article XXXII
RATIFICATION AND EXECUTION
The City and the Association 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 Maintenance and Operations
Unit and entered into this 27th day of JUlY" 1993.
SERVICE EMPLOYEES
INTERNATIO L L CAL 787
CITY OF ORANGE
6-Reso 8214