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RES-8214 Amending Resolution No. 7613 Operations and Maintenance Unit MOU effective 6-27-1993 to 9-30-1993p.,~at,J 7,<.0 /, I . 1f,~117,) i r"W?~' 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