RES-8088 Amending Resolution No. 7623RESOLUTION NO. 8088
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING RESOLUTION NO.
7623 OF THE WATER DEPARTMENT
EMPLOYEES ASSOCIATION TO REFLECT
CHANGES TO WAGES, HOURS, AND WORKING
CONDITIONS ASSOCIATED WITH A FURLOUGH
PROGRAM.
WHEREAS, the City of Orange, hereinafter referred to as "CITY," and the Water
Department Employees Association hereinafter referred to as "WDEA," have met and
consulted in accordance with requirements of the Meyers-Milias-Brown
Act; and WHEREAS, CITY and the WDEA have agreed upon modifications to
wages, hours and other conditions of employment effective October 4, 1992, through June 26,
1993; and WHEREAS, such changes as have been agreed upon by both CITY
and WDEA 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 does hereby adopt the changes to the existing Memorandum of Understanding (
MOU) between CITY and the WDEA as set forth in the
attached addendum.ADOPTED this 22nd day
of
1992.Attest:J?tdA'A'-\~ flr;e#~
P41 City Clerk 0 the ~y
qyOrange 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 22nd day
of September, 1992 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER,
SPURGEON COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
COONTZ COUNCIL MEMBERS:
NONE y~ -i ge<<
u41 City erk of e <d{ty of
ADDENDUM TO MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
WATER DEPARTMENT EMPLOYEES ASSOCIATION
Article III
BASIC COMPENSATION PLAN
SECTION 1. A. No change.
SECTION 1. B. Salary schedules on exhibits II A II
are incorporated into 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 tenn 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
VI
WORKWEEK SECTION 1. The regular work week for all employees covered by this Agreement shall
be forty (40) hours per week. For the remainder of the tenn 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 VII
OVERTIME COMPENSATORY TIME SECTION 3. Compensatory time 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 VIII, 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 tenn of this Agreement, the time off for holidays falling in any
work week, Monday through Thursday, or callback in accordance with Article VIII, 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. Any compensatory time accrued in
excess of said
eighty (80) hours shall be automatically paid. For the remainder of the tenn 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.
Article X
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 tenn of this Agreement, when any of
the above holidays fall on a Friday or Saturday, except one-half day
before Christmas, employees'holiday banks will be credited with eight (8) hours of
holiday compensatory time.Holiday compensatory time must be taken by the employee by the end
of the calendar year in which
it is
earned.
Article XI 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. Effective January 15, 1993,
and for the remainder of the term of this Agreement, this provision
shall be
waived.Article XII REGULAR PART-TIME AND TEMPORARY
EMPLOYEE
ELIGIBILITY FOR FRINGE BENEFITS SECTION 2. 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 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 XII
Section 2. remains
the same).Article XIII 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
of this Agreement, for employees working a regular thirty-six (36) hour week as
part of the city's furlough program, eight (8) hours of sick leave will accrue for each
month of continuous
service.SECTION 7. 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 terms
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.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 forty (40) hour work week up
to a maximum of 335
calendar days.
Article XXXII
MISCELLANEOUS
PROVISIONS Add:SECTION 5. MISCELLANEOUS
FURLOUGH PROVISIONS A. Layoffs. The City agrees that for the remainder of the term of
this Agreement from October 4, 1992 through June 26, 1993) that employees covered herein shall
not be subjected
to layoffs.B. Early Retirement Options. The City will offer to employees in this
bargaining unit Early Retirement Incentives Options. Employees may choose one of the
following options consisting of
the following:1) Two years additional service credit. In addition, the City will pay a
portion of the employee's health premium through June 30, 1993, up to the amounts
shown below;2) An annuity in an amount approximately equivalent to what it would
cost the City to purchase the additional 2 years of service credit. In addition, the City will
pay a portion of the employee's health premium through June 30, 1993, up to the
amounts
shown below;3) A salary package which provides one month's salary for each year
of service up to six (6) months base salary. In addition, the City will pay a portion of the
employee's health premium through June 30, 1993, up to the amounts
shown below.Reso.
HEALTH PREMIUM CONTRIBUTION SCALE
City of Orange Service Years
1-9 years = $133.00 per
month 10-14 years = $199.00
per month 15-19 years = $265.
00 per month 20 or more years = $331.
00 per month C. Accumulated Compensatory Time Conversion Privilel1:e.
Effective January 15,1993 through June 26, 1993, the employees covered by this Agreement
shall waive their privilege to convert accumulated compensatory time to cash in lieu
of time
taken.Article XXXIII
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
Water Department Employees Association and entered into this 22nd day
of September , 1992.CITY OF
ORANGE WATER
DEPARTMENT
EMPLOYEES ASSOCIATION B 1 /.' ;'jlq,
e~
Yt)L BYI:~
BY Iiz<<
7-
1Uar Byg~4~