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RES-8089 Amending Resolution No. 7614RESOLUTION NO. 8089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING RESOLUTION NO. 7614 OF THE PROFESSIONAL, TECHNICAL, AND CLERICAL UNIT TO REFLECT CHANGES TO WAGES, HOURS, AND WORKING CONDITIONS ASSOCIATED WITH A FURLOUGH PROGRAM. 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 furlough program effective October 4, 1992 through June 26, 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 22nd day of September 1992.Attest:1JuAAJ'~cr9--J~ftU~City Clerkof e Citf'of ge 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 COUNCILMEMBERS: NONE J?7d;M~~~City rk of e EXHffiIT "A" ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN mE CITY OF ORANGE AND THE PROFFSSIONAL, TECHNICAL, AND CLERICAL UNIT EFFECTIVE OCTOBER 4, 1992 THROUGH JUNE 26, 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 MOU shall received a prorated portion of the basic monthly compensation plan based upon hours actually worked in a work week. Article VIII WORKWEEK SECTION 1. reolace 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 TIME), relllace 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 (1) 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 (112) hour increment. Where an employee works less than one-half (112) 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 (SO) 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 reolace 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 (112) 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 XIVACATION SECTION 1. re'place 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 entitled to a vacation as follows, except that, for the remaining term of this agreement, employees participating in the temporary furlough program who work a thirty-six (36) hour work week and who have one (1) 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) replace 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. re. place 1) 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 dermed as a thirty-six (36) hour work week. (Continuing language in Article XIII INSURANCE SECTION 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. Layoffs The City agrees that for the remainder of this Agreement, October 4, 1992 through June 26, 1993, employees covered by this memorandum of understanding shall not be subject to layoffs. B. F;\rly Retirement Options The City will offer to employees in this bargaining unit Early Retirement Incentives Options. Employees may choose on 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 portionoftheemployee'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. 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 Privileee 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 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 22nd day of September ,1992. CITY OF ORANGE ORANGE COUNTY EMPLOYEES' ASSOCIATION By~~Q BY:()u~~ 4' '.0 /!./'" ': BY: " /-- 1-<.1 tl ,,1. i u(,.tj..ilJri--BY: Larry Lykins, Chief Negotiator, Orange County Employees' Association Reso. 8089 6-