RES-8286 Amending Resolution No. 7613 Operations and Maintenance UnitRESOLUTION NO. 8286
RESOLUTION NO. 8286 - 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 24,1994 AND INCORPORATE THE ATTACHED
ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE OPERATIONS
AND MAINTENANCE UNIT EFFECTIVE OCTOBER
1, 1993 THROUGH SEPTEMBER 24, 1994.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 October 1,
1993 through September 24,
1994.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 21st day of December,
1993.B.(f" aYOr~f the City of
Orange p "'0t/
3W".
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
21st day of December, 1993 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: MAYOR BEYER
COUNCIL MEMBERS: NONE
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I
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". The
salaries schedule in effect on January 1, 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 WORKWEEK 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
overtime.
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
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 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 2. remains
the same).Article XII LEAVES OF ABSENCE SECTION 6. SICK LEAVE Sick leave
with pay shall be allowed, credited,
and accumulated in
accordance
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
XIV HEALTH BENEFITS SECTION 1. HEALTH INSURANCE Replace current language
with the following:A. Effective January 1, 1994, contributions towards health
insurance for full time employees shall
be as follows:1 )
Self-Funded
Medical Plans OPTION I
Employee Only $304.92
Two Party $540.
00 Family $
682.08 OPTION II
Employee Only $304.92
Two Party $540.
00 Family $
682.08 OPTION III
Employee Only $263.04
Two Party $540.
00 Family $682.
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8286
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2) CIGNA
Employee Only
Two Party
Family
176.42
294.72
387.62
3) PacifiCare
Employee Only
Two Party
Family
149.38
252.14
361.82
Any contribution necessary to maintain benefits under any health insurance
plans provided employees by the City in excess of the amount set forth above shall
be borne by the employee.
B. Effective March 1, 1994 the City shall contract with PERS (Public
Employees Retirement System) 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 health benefits program
maintained by the City for eligible employees, eligible retirees, and their eligible
surviving annuitants.
1) Except as provided in Section 4 B (2) Flexible Benefits Plan, 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.
2) Flexible Benefits Plan Effective March 1, 1994 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
This City's payment toward the Flexible Benefit Plan is exclusive of the $16.00
payment in Section 4 B (1).
3) Any amounts in excess of the amounts designated in Section 4 B (1)
and (2) necessary to maintain benefits under any benefits plans selected by the
employee shall be borne by the employee.
4) 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
6-Reso. 8286
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Benefits Plan. If an employee chooses not to be enrolled in a health plan the
employee must provide proof, as determined by the Personnel Officer, that
comparable medical insurance is in full force and effect. Based upon determination
that insurance is in full force and effect, eligible employees shall receive $60.00
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 the PERS Health Benefits
Plan.Section 3. DENTAL PLAN. Current contributions shall remain in effect
through February 28, 1994. Effective March 1, 1994 this provision and the City's
designated contribution shall be
eliminated.Article
XXIX MISCELLANEOUS
PROVISIONS
Add:SECTION 5. MISCELLANEOUS FURLOUGH
PROVISIONS A No Lay Off Provision. Effective through September 24, 1994,
the employees covered by this Agreement shall not be subject to
layoffs.B. Accumulated Compensatory 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 October 1, 1993 and shall continue in full
force and effect until September 24,
1994.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 _ day of ,
1993.7- Reso.
8286
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BY
BY
I
SERVICE EMPLOYEES
INTERNATIONAL LOCAL 787
BY ,.
BY(/,/~
L/
BY
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