HomeMy WebLinkAboutOCSD 15-02RESOLUTION NO. OCSD 15-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
MEMORANDA OF UNDERSTANDING BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE
SUPERVISORY AND PROFESSIONAL MANAGEMENT
GROUP, FOR FISCAL YEARS 2013/2014, 2014/2015 &
2015/2016.
WHEREAS, on September 22, 2010, the Board of Directors ("Directors") of the
Orange County Sanitation District (the "District") authorized the General Manager to sign
the Memoranda of Understanding with the Supervisory and Professional Management
Group (referred hereinafter as "SPMG"), regarding salaries, benefits and terms and
conditions of employment for the period July 1, 2010 through June 30, 2013 ("2010 MO Us").
WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of
SPMG have met and conferred with the representatives of the District and have reached an
understanding with regard to certain terms and conditions relative to employment; and
WHEREAS, the parties have modified the 2010 MOUs between the District and
SPMG to reflect the parties' understanding regarding certain terms and conditions, which
include:
• Duration of the MOUs have been modified and will be for a 3-year term commencing
July 1, 2013 and terminating June 30, 2016, as reflected in the Cover Page and
Article 1 and 2 of the MOUs:
• Salary Adjustments and Compensation has been modified as set forth below and as
reflected in Article 13 of the MOUs:
o Year 1 -0% Salary Increase.
o Year 2 -2.0% Salary Increase, retroactive to the first pay period of July 2014.
o Year 3 -2.0% Salary Increase, effective the first pay period of July 2015.
• Deferred Compensation has been modified as set forth below and as reflected in
Article 15 of the MOUs:
o Minor administrative changes/updated language to clarify that participation is
subject to IRS requirements.
• Hours of Work has been modified as set forth below and as reflected in Article 17 of
the MOUs:
o Employees may waive 30-day notice of schedule change.
• 30-day notice will not be applicable if the change is a result of a
reasonable accommodation.
• Insurance has been modified as set forth below and as reflected in Article 20 of the
MO Us:
OCSD 15-02-1
o Medical reopener in February 2015 to discuss health insurance carrier and/or
plan design changes in order to achieve additional cost savings; minor
updates to language.
• Extraordinary Services Compensation has been modified as set forth below and as
reflected in Article 22 of the MO Us:
o Removal of language referencing Supervisor Group within the Professional
Group MOU.
• Promotions has been modified as set forth below and as reflected in Article 24 of the
MO Us:
o Prior to any determination whether to fill a vacant position externally, the
District will evaluate all internal applicants that meet the minimum
qualifications for the posted vacant position. In the event there exists at least
one (1) minimally qualified applicant, the District shall conduct an internal
recruitment.
• Leave of Absence without Pay has been modified as set forth below and as reflected
in Article 28 of the MO Us:
o Minor administrative/language changes to align with current leave law
provisions; housekeeping changes.
• Classification Studies has been modified as set forth below and as reflected in
Article 29 of the MO Us:
o OCSD will include a representative from the Supervisor Group and the
Professional Group to participate as a partner in the agency-wide
Classification & Compensation study; minor administrative changes.
• Impasse Procedures has been modified as set forth below and as reflected in Article
42 of the MO Us:
o Minor administrative changes/updated language to reference AB 646 and AB
1060.
• Substance Abuse Policy has been modified as set forth below and as reflected in
Article 45 of the MO Us:
o Any employee may be subject to discipline, up to and including termination,
for any alcohol screen test that indicates a blood alcohol concentration level
of 0.02% or greater.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. The aforementioned MOUs between the District and SPMG for the
contract period of July 1, 2013 through June 30, 2016 as outlined herein are hereby
approved.
Section 2. The General Manager is authorized to sign the Memoranda of
Understanding with SPMG for the period of July 1, 2013 through June 30, 2016, in a form
OCSD 15-02-2
approved by General Counsel.
PASSED AND ADOPTED at a regular meeting held January 28, 2015.
ATTEST:
a-
Tom Beamish,
Board Chair
OCSD 15-02-3
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
I, Maria E. Ayala, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 15-02 was passed
and adopted at a regular meeting of said Board on the 281h day of January 2015, by
the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish, Benavides, Choi, Deaton, Ferryman, Kring,
Murphy, M. (Alternate), Murphy R., Nagel, Nielsen,
Sebourn, Shawver, Smith F., Wanke and Withers
Kim and Mills
Berry, Stacy (Alternate), Katapodis, Kiley and Parker
Curry, Diep, Jones and Nelson S.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Orange County Sanitation District this 281h day of January, 2015 .
~i.<t ·~ ' Maria. Ayala
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 15-02-4
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
EMPLOYEES IN THE PROFESSIONAL GROUP
July 1, 2013 through June 30, 2016
TABLE OF CONTENTS
ARTICLE 1. -RECOGNITION ............................................................................................................................ 1
ARTICLE 2. -DURATION ........................................•........................•......................................................•.......... 1
ARTICLE 3. -SUCCESSOR AGREEMENT .................•..................................................................................... 1
ARTICLE 4. -GROUP ACCESS ........................................................•....................................................•..•........ 1
ARTICLE 5. -GROUP RIGHTS .....••...........................................................................................................•....... 2
ARTICLE 6. -DISTRICT RIGHTS ......................................................••....•.............................................•.••......... 2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT ................•...................................................•...•........ 2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT ..........................................................................•...•....... 2
ARTICLE 9. -SAFETY ..................................................•....••............................................................................... 3
ARTICLE 10. -DISCIPLINE AND DISMISSAL .........•........................•....................................................•.••......... 3
ARTICLE 11. -GRIEVANCE PROCEDURE ...............•.......................•...................................................•...•........ 4
11.3.1. STEP1 ...................................................................................................................................................... 5
11.3.2. STEP 2 ...................................................................................................................................................... 5
11.3.4. STEP 3 ...................................................................................................................................................... 5
11.3.5. STEP 4 ...................................................................................................................................................... 5
ARTICLE 12. -PROBLEM SOLVING PROCEDURE ..•.•..•.•....•••.......•••................................•.................•..••........ 6
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION ..••.•............................•...................•.••......... 6
13.3. MERIT PAY ................................................................................................................................................ 6
13.4. PERFORMANCE MANAGEMENT PROGRAM ................................................................................................... 7
13.5. DEVELOPMENTPAY ................................................................................................................................... 7
13.9. SALARY RANGE ......................................................................................................................................... 7
13.10. INVESTMENT INCENTIVE SALARY (llS) ......................................................................................................... 8
ARTICLE 14. -SEVERANCE PAY .............................••...•.....•.............•............................•....................•.••........... 8
ARTICLE 15. -DEFERRED COMPENSATION ...........•.•..•....•.............•...........................................•.....•••........... 8
ARTICLE 16. -HOLIDAYS ............................•.............•.•.....................•......•...........................................•••........... 8
16.2. FLOATING HOLIDAY ................................................................................................................................... 9
ARTICLE 17. -HOURS OF WORK .....................................................•................................................................ 9
ARTICLE 18. . .............................................................•............•...........••...............................................••.•.•........ 10
ARTICLE 19. .........................................•..............................................••..............................•................•.•....... 10
ARTICLE 20. -INSURANCE ...............................................................•.............................................•.....•.......... 10
20.3. MEDICAL INSURANCE ............................................................................................................................... 10
20.6. GROUP INSURANCE ................................................................................................................................. 10
20.7. LIFE INSURANCE ...................................................................................................................................... 11
20.9. LONG TERM DISABILITY ........................................................................................................................... 11
20.10. DENTAL INSURANCE ................................................................................................................................ 11
20.11. VISION INSURANCE .................................................................................................................................. 11
20.12. RETIRING EMPLOYEES ............................................................................................................................. 11
ARTICLE 21. -REIMBURSEMENT ACCOUNT ................................................................................................. 12
21.2. MEDICAL REIMBURSEMENT ACCOUNT ....................................................................................................... 12
21.3. DEPENDENT CARE ASSISTANCE ACCOUNT ............................................................................................... 12
Page i
ARTICLE 22. -EXTRAORDINARY SERVICES COMPENSATION .................................................................. 12
ARTICLE 23. -PROBATIONARY PERIOD ........................................................................................................ 12
ARTICLE 24. -PROMOTIONS ........................................................................................................................... 13
ARTICLE 25. -RETIREMENT ........................................••...............................................................................•.. 13
25.1.1. EMPLOYEES HIRED PRIOR TO SEPTEMBER 21, 1979 .................................................................................. 14
25.1.2. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1, 2010 ............................ 14
25.1.3. EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 2010 ................................................................................. 14
ARTICLE 26. -SHIFT DIFFERENTIAL .............................................................................................................. 14
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY ............................................................................................ 14
27.1. VACATION LEAVE ..................................................................................................................................... 14
27.2. SICK LEAVE ............................................................................................................................................. 15
27.3. JURY DUTY LEAVE ................................................................................................................................... 17
27.4. WITNESS LEAVE ...................................................................................................................................... 17
27.5. MILITARY LEAVE ...................................................................................................................................... 18
27.6. BEREAVEMENT LEAVE .............................................................................................................................. 18
27.7. ADMINISTRATIVE LEAVE ........................................................................................................................... 19
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................... 19
28.3. SUBSTITUTION OF PAID LEAVE ................................................................................................................. 20
28.4. PERMISSIBLE USES ................................................................................................................................. 20
28.5. GENERAL LEAVE ...................................................................................................................................... 21
28.6. RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE ................................................................... 22
28. 7. COMPLIANCE WITH LAW ........................................................................................................................... 23
ARTICLE 29. -CLASSIFICATION STUDIES ..................................................................................................... 23
29.4. Y-RATING ............................................................................................................................................... 23
ARTICLE 30. -DRIVER'S LICENSE .................................................................................................................. 24
ARTICLE 31. -LAYOFF PROCEDURE ............................................................................................................. 24
ARTICLE 32. -LIGHT DUTY ..................................................................................•........................................... 25
ARTICLE 33. -MEDICAL EXAMINATION ......................•................................................................•••............... 25
ARTICLE 34. -MILEAGE ALLOWANCE ........................................................................................................... 25
ARTICLE 35. -ACTING PAY .............................................................................................................................. 25
ARTICLE 36. . ..................................................................................................................................................... 25
ARTICLE 37. -PERSONNEL FILES ..................................................................................................•..•••.......... 25
ARTICLE 38. -BULLETIN BOARDS ................................................................................................................. 26
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS ......................................................... 26
ARTICLE 40. -USE OF DISTRICT FACILITIES ................................................................................................ 26
ARTICLE 41. -SCOPE OF BARGAINING ......................................................................................................... 26
ARTICLE 42. -IMPASSE PROCEDURES ..............................•.......................................................................... 26
42.2. IMPASSE PROCEDURES ............................................................................................................................ 26
ARTICLE 43. -SEVERABILITY .............................................................................................................•............ 27
ARTICLE 44. -UNIFORMS ................................................................................................................................. 27
ARTICLE 45. -SUBSTANCE ABUSE POLICY ................................................................................................. 27
45.2. DEPARTMENT OF TRANSPORTATION REGULATIONS ................................................................................... 27
Page ii
ARTICLE 46. -DUES DEDUCTIONS .......................................................................................................••........ 28
ARTICLE 47. -MAINTENANCE OF MEMBERSHIP ..................................................................................•....... 28
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES ...............•......................................................•........ 28
ARTICLE 49. . ...............................•.............................................•........•.............................................................. 29
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY .............................................................. 29
ARTICLE 51. -RESIGNATION ..................•...............................................................................................•........ 29
ARTICLE 52. . .....................................................................................•.............................................•.....•.•.•....... 29
SIGNATURE PAGE .............................................................................................................................................. 30
APPENDIX A .....................................................................................••.... ERROR! BOOKMARK NOT DEFINED.
Page iii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
EMPLOYEES IN THE PROFESSIONAL GROUP
In accordance with the provisions of California Government Code Sections 3500, et seq., and
Resolution No. 99-24 of the Joint Boards of Directors, the District's authorized representatives
have met and conferred in good faith with representatives of the Professional Group. These
meetings have resulted in an agreement and understanding to recommend that the employees
represented by the Professional Group accept these terms and conditions, and that the Board of
Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of
employment for the employees represented by the Professional Group as set forth in this
Agreement.
ARTICLE 1. -RECOGNITION
1.1. This Agreement, effective July 1, 2013, is entered into between the Orange County
Sanitation District, referred to hereinafter as the "District", and the Professional
Group, referred to hereinafter as "Group", as a mutual recommendation to the Board
of Directors of the District of those wages, hours of work, and terms and conditions of
employment.
ARTICLE 2. -DURATION
2.1. This Agreement will be binding on the District and the Group when approved and
adopted by the District's Board of Directors. This Agreement will terminate on June
30, 2016. Any issue regarding the question of representation shall be brought
pursuant to the Employer-Employee Relations Resolutions (EERR), Resolution No.
OCSD 99-24.
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1. The Group will submit in writing its initial proposal for a successor agreement prior to
the expiration date of this Agreement.
ARTICLE 4. -GROUP ACCESS
4.1. A Group representative will have access to the District facilities during normal
working hours for the purpose of assisting Group employees in processing
grievances or investigating matters arising out of the application of provisions of this
Agreement.
4.2. The Group will provide the Human Resources Department or designee, with a list of
Representatives who are authorized to request access under this article, and will
notify the Director of Human Resources, or designee, of any changes in that list.
4.3. Group access will not unreasonably interfere with District operations, or with the work
of employees in any manner. The District reserves the right to restrict access in
certain areas designated confidential or secure.
Page 1of31
ARTICLE 5. -GROUP RIGHTS
5.1. The Group may designate up to five (5) employees to act as representatives for
employees covered by this Agreement. The Group will furnish the Human Resources
Department with the names of employees selected as representatives and will
update the list as necessary. An alternate representative may be designated to act in
the absence of the regular representative. Employees not listed on the roster of
representatives provided to the District by the Group may not act as representatives.
5.2. Representatives will not perform non work-related duties on work time without the
prior approval of their immediate supervisor. Neither the District nor the Group will
interfere with, intimidate, restrain, coerce or discriminate against employees because
of the exercise or non-exercise of their rights to engage in Group activity.
ARTICLE 6. -DISTRICT RIGHTS
6.1. District inherent rights, powers, functions, duties, responsibilities and authority related
to a managerial or administrative character are reserved to the District in its exercise
of management decision-making, except as specifically modified by the express
provisions of this Memorandum. District rights include, but are not limited to, the
exclusive right to consider the merits, necessity or organization of any service or
activity provided by law, or administrative order; determine the mission of its
constituent departments, commissions and boards; set standards of service,
determine the procedures and standards of selection for employment and promotion;
establish and implement performance standards; direct its employees; take
disciplinary action for proper cause; layoff employees from duty because of lack of
work or lack of funds; maintain the efficiency of District operations; determine the
methods, means and personnel by which District operations are to be conducted;
determine the content of job classifications; classify and reclassify positions; take all
necessary actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its work.
6.2. District retains all authority and rights conferred on it by law, or other legal sources,
except to the extent that such authority is explicitly waived by the express terms of
this agreement. District exercise of its management rights hereunder shall not be
subject to appeal or meeting and conferring, however, that the exercise of such rights
does not preclude the Group from appealing or meeting and conferring the practical
consequences or impacts that District decisions have on wages, hours, and other
terms and conditions of employment.
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT
7.1. There will be no unlawful discrimination in the application of the provisions of this
Agreement with regard to race, color, religion, national origin, ancestry, sex, sexual
orientation, or veteran status. To the extent required by law or by the District's rules
or regulations, this provision of the Agreement will be applied to all members of the
Group without regard to marital status, handicap, medical condition, status as a
disabled veteran, age or citizenship.
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT
8.1. The District endorses and supports the right of all employees to work in a healthy and
safe environment free of recognized hazards. In view of the hazards associated with
smoking and the potentially harmful effect it has on the health and well being of
District employees and their families, smoking is not acceptable within District
Page 2 of 31
facilities, and may occur only in areas posted for smoking.
ARTICLE 9. -SAFETY
9.1. It is the duty of the District to provide and maintain a safe place of employment. The
Group will cooperate by encouraging all employees covered by this Agreement to
perform their work in a safe manner. It is the duty of all employees covered by this
Agreement, in the course of performing their assigned duties, to be alert to unsafe
practices, equipment, and conditions, and to follow the safety regulations and
requirements of the District, and to report any unsafe practices or conditions to their
immediate supervisor. An employee will not be required to perform work that is
unsafe.
ARTICLE 10. -DISCIPLINE AND DISMISSAL
10.1. Discipline may occur when any of the following actions are taken for just cause with
respect to any employee in the Group: verbal reprimand; written reprimand;
suspension without pay; reduction in pay; demotion to a classification with a lower
pay grade, or dismissal.
10.2. Dismissal, for purposes of this Article, is the separation of a non-probationary
employee initiated by the District for just cause.
10.3. A Notice of Intent is not required when the disciplinary action involves a verbal
reprimand or written reprimand.
10.4. A Notice of Intent is required and will be given to an employee whenever the
disciplinary action involves suspension without pay, reduction in pay, demotion to a
classification with a lower pay grade, or dismissal. The notice will be given to the
affected employee either by delivery in person or by Certified Mail sent to the
employee's last known address. Such personal delivery or mailing will be presumed
to provide actual notice to the affected employee. The Notice of Intent will indicate
the date on which it was personally delivered or deposited in the mail, which will be
the date of issuance.
10.5. The Notice of Intent will contain the following: (1) a description of the disciplinary
action intended and the effective date of the action; (2) the reasons for the proposed
action; (3) a copy of the charges and materials upon which the action is based; and,
(4) a statement of the employee's right to respond, either verbally or in writing to the
person initially imposing the discipline, or to a District management representative
with authority to make an effective recommendation on the proposed action; the
person to whom any response must be directed, and the fact that such response
must be received within ten (10) business days of the date of issuance of the notice.
The Notice will also advise the employee of the right to representation.
10.6. Prior to the effective date of the proposed disciplinary action, the employee will be
given an opportunity to respond either verbally or in writing to a management
representative with authority to make an effective recommendation on the proposed
action. After review of an employee's response, the District will notify the employee
in writing of the action that will be taken. Such action may not involve discipline more
severe than that described in the Notice of Intent; however, the District may reduce
discipline without further notice. Further clarification of the disciplinary policies and
procedures are covered in the District's Personnel Policies & Procedures Manual.
10.7. Dismissal will be preceded by at least one (1) written reprimand, except in those
Page 3 of 31
situations in which the employee knows or reasonably should have known that the
performance or conduct was unsatisfactory. Such performance or conduct may
involve, but is not limited to, dishonesty, possession, use, sale or being under the
influence of drugs or alcohol, theft or misappropriation of District property or funds,
fighting on the job, insubordination, acts endangering people or property, or other
serious misconduct. The District may substitute documented suspensions without
pay for written reprimands.
10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee
may request a post-disciplinary hearing. The request must be submitted to the
Assistant General Manager or designee, within ten (10) business days following the
effective date of the disciplinary action (for suspensions, the effective date will be the
first business day following the final day of the suspension). The Assistant General
Manager, or designee, will schedule a post disciplinary hearing with the General
Manager or a hearing officer selected by the General Manager. The hearing officer
may not be an employee of the District. The hearing officer will provide a written,
advisory decision to the General Manager. The General Manager may uphold the
disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager will be
final. If the hearing officer upholds the disciplinary action, the employee will pay the
full cost and expenses of the hearing officer.
10.9. All disciplinary action documentation, except verbal reprimand documentation, will be
placed in an employee's Personnel File in the Human Resources Department.
Verbal reprimand documentation will be kept in the supervisor's employee files.
Supervisors shall inform management staff when a verbal reprimand is to be
implemented. If after twenty-four (24) months from implementation there have been
no recurrences of similar incidents, the supervisor shall destroy the verbal reprimand
documentation.
10.10. Written reprimands may be removed from an employee's personnel file twenty-four
(24) months subsequent to the date of the issuance, provided that there has been no
recurrence of a similar incident during the period. If the Human Resources
Department agrees to remove the written reprimand documentation from an
employee's personnel file such documentation will be retained in a separate file by
the Human Resources Department for the purpose of showing that progressive
discipline has been followed or in support of the District proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this
Agreement through the Problem Solving Procedure. Nothing in this article will be
construed as a waiver of any statutory or constitutional rights.
10.12. A reduction in pay or demotion to a classification with a lower pay grade that is not a
result of performance deficiencies (for example, reclassifications, "bumping"
associated with layoffs, reasonable accommodation) shall not be considered
discipline.
ARTICLE 11. -GRIEVANCE PROCEDURE
11.1. A grievance is any complaint that management has violated a specific provision of
this Agreement, except that, in accordance with Article 10 above, discipline which
requires a Notice of Intent may not be reviewed under this Grievance Procedure.
11.2. A grievance may be brought to the attention of the District by an individual employee
within the Group or by the Group. The District may not bring a grievance through this
Page 4 of 31
procedure. Grievances brought by two (2) or more employees, and concerning the
same incident, issue, or course of conduct, or multiple grievances brought by the
same employee may, upon mutual agreement of the District and the Group, be
consolidated for the purposes of this procedure.
11.3. An employee may be self-represented or be represented by the Group at all steps of
the Grievance Procedure unless specifically agreed otherwise by the Group and the
employee. The District will provide a copy of all written grievance settlements to the
Group. Any reference to days in this article implies business days.
11.3.1. Step 1. An employee who has a complaint will attempt to resolve it with
his/her immediate supervisor within five (5) days of the occurrence of the
event giving rise to the complaint, or within five (5) days from the time that
the employee became aware of such event. The supervisor will attempt to
resolve the issues surrounding the complaint, and respond to the employee
within five (5) days.
11.3.2. Step 2. If the grievance is not settled informally at Step 1, it may be
submitted in writing to the employee's Department Head, or designee. This
request for formal review must be presented on a form provided by the
District within five (5) days of the conclusion of Step 1. A copy of each
written communication on a grievance shall be filed with the Assistant
General Manager, or designee. The written grievance must:
11.3.2.1. Identify the specific management act to be reviewed;
11.3.2.2. Specify how the employee was adversely affected;
11.3.2.3. List the specific provisions of the MOU that were allegedly
violated and state how they were violated;
11.3.2.4. Specify the remedy requested; and
11.3.2.5. Provide the date of attempts at informal resolution and the name
of the supervisor or individual involved.
11.3.3. The Department Head will respond in writing to the employee within ten (10)
days after the date the grievance is received.
11.3.4. Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to
the Assistant General Manager, or designee, for review and written
response. The request for formal review must be presented on a form
provided by the District within ten ( 10) days of the conclusion of Step 1 or 2,
and must contain the information specified in Step 2 above. A copy of each
written communication on a grievance shall be filed with the Assistant
General Manager, or designee. The Assistant General Manager, or
designee, will respond in writing to the employee within ten (10) days after
the date the grievance is received.
11.3.5. Step 4. If the grievance cannot be resolved under Step 3, it may be
presented to the General Manager within ten (10) days from the date the
Step 3 finding was issued. The General Manager, or designee, will respond
in writing to the employee within fifteen (15) days after the date the grievance
is received. The decision of the General Manager is final.
Page 5 of 31
11.4. General Provisions. An employee will be given reasonable time off without loss of
pay to present and process a grievance. If an employee is represented by the Group,
the Group may designate one (1) employee to present and process the grievance.
The employee representative will be given reasonable time off without loss of pay to
perform this responsibility. Absence from work will be approved only if it does not
cause disruption to District operations. However, if the time requested cannot be
provided, an alternate time will be arranged.
11.5. Failure of a supervisor, Department Head or other management representative to
respond within the appropriate time limit will provide a basis for the employee
appealing to the next step. If a grievance is not presented or appealed within the time
limits, it will be considered resolved on the basis of the preceding response. The
Human Resources Department may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists. Time limits may also be extended at
any step upon mutual agreement of the parties. The District agrees to meet face-to-
face with the employee at each step of the grievance procedure at the request of the
employee.
11.6. Resolution may be agreed upon at any stage of the grievance process. However, the
Group will be notified prior to the resolution of any formal grievance matter.
ARTICLE 12. -PROBLEM SOLVING PROCEDURE
12.1. Employees may bring problems to the attention of District managers through the
Problem Solving Procedure. This Procedure was developed to encourage and
facilitate the resolution of employee concerns in a responsive and fair manner, and
may be used to attempt to resolve issues that may not be subjected to the Grievance
Procedure. Any reference to days in this article implies business days.
12.2. Employees should discuss concerns regarding issues that are not grievable with their
supervisor as soon as possible. The supervisor will review the situation or decision,
and provide a written response within five (5) days from the date they were notified of
the problem.
12.3. If the problem is not resolved to the employee's satisfaction, the employee may file a
written statement concerning the problem with the Human Resources Department
within ten (10) days of receipt of the supervisor's decision. Upon request of either
party, a meeting will be held to define issues and establish the remedies sought. The
employee will be provided a written response within ten (10) days after his/her
statement is received. Time limits may be extended for cause upon mutual consent
of the parties, and the decision of the Human Resources Department is final.
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION
13.1. Each pay grade is divided into five (5) steps, with an approximate 5.0% difference
between each step.
13.2. Pay increases will only apply to eligible employees in an active payroll status on the
effective date of implementation. Eligible employees will not receive retroactivity if
active payroll status becomes effective after the date of implementation.
13.3. Merit Pay
13.3.1. Step Increase Pay -Group employees are eligible for Step Increase Pay
based upon receipt of year-end performance appraisal ratings issued by the
Page 6 of 31
assigned supervisor. Step Increase Pay will be paid according to the
following:
13.3.1.1. Eligible -Employees must have a proficient year-end performance
appraisal to receive a one (1) step base-building salary increase
until earning placement at step five (5).
13.3.1.2. Ineligible -Employees who are placed on a Performance
Improvement Plan (PIP) due to a needs improvement performance
review on the year-end appraisal or who are on a PIP at the time of
the year-end appraisal period will remain at their current step until
the PIP is satisfactorily completed.
13.4. Performance Management Program: The performance management program
includes two (2) rating categories (proficient and needs improvement) for
performance appraisals.
13.5. Development Pay -Employees under this Agreement are eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a
lump-sum amount each pay period. Employees must have a proficient year-end
performance appraisal to be eligible for the following Development Pay types:
13.5.1.
13.5.2.
13.5.3.
Education -Eligible employees who obtain or who have obtained a
graduate degree of approved subjects at an accredited college or
university will receive $62.29 per pay period. The maximum amount of
Education Pay is fixed at $62.29 per pay period.
Certification/License -Eligible employees who obtain or who have
obtained a District approved certification or license will receive $7.62 per
pay period per certificate or license with a maximum of three (3)
certificates and/or licenses. The maximum amount of certification/license
pay for any combination of certificates and/or licenses is fixed at $22.86
per pay period.
Grade V Pay -Employees who receive Grade V pay in accordance with
the applicable District policy are ineligible to receive Development Pay
for their Grade V California Wastewater Treatment Plant Operator
Certificate. Employees who possess a Grade V Certificate and do not
meet the criteria for Grade V Pay are eligible for Development Pay in
accordance with the Development Pay Program Guidelines.
13.6. The overall maximum Development Pay for education, certification and/or licenses is
fixed at $85.15 per pay period.
13.7. Employees who are placed on a PIP due to a needs improvement performance
review on the year-end performance appraisal are not eligible for Development Pay
until the PIP is satisfactorily completed.
13.8. Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13.9. Salary Range Adjustments
13.9.1. Effective the first pay period in July 2014, employees under this
Page 7 of 31
13.9.2.
Agreement will receive salary range adjustments at a flat rate of 2.0%.
Effective the first pay period in July 2015, employees under this
Agreement will receive salary range adjustments at a flat rate of 2.0%.
13.10. Investment Incentive Salary (llS)
13.10.1. An additional amount of 4% of base salary will be paid to employees
hired or promoted into the Group on or before October 16, 2003 in a
lump-sum amount each pay period. This provision continues to make
employees whole as a result of the Ventura decision. The above
percentages will not be counted toward base salary for the purpose of
salary surveys.
13.10.2. In addition, employees hired or promoted into the Group on or before
October 16, 2003 will be paid $1250 annually or $48.08 per pay period in
llS to further encourage savings and investment for retirement.
13.10.3. llS amounts are applied to annual, retirement, and termination leave
payouts for eligible employees.
ARTICLE 14. -SEVERANCE PAY
14.1. Employees are expected to give a minimum of two (2) weeks written notification
when terminating employment with the District. Except for disciplinary cause, when a
full-time employee is terminated by action of the District, the employee will be notified
in writing two (2) weeks prior to the effective separation date. The employee will be
entitled to severance pay in accordance with the formula set forth below:
14.1.1.
14.1.2.
Full-time, regular employees will be entitled to eight (8) hours pay for
each full calendar month of continuous employment not to exceed one
hundred sixty (160) hours pay.
Employees in limited term or part-time positions, probationary employees
and employees who are separated for cause are not eligible for
severance pay under any circumstances.
ARTICLE 15. -DEFERRED COMPENSATION
15.1. Employees may participate in the District approved deferred compensation plan,
subject to IRS requirements, and in accordance with all guidelines for voluntary
participation established by District management.
ARTICLE 16. -HOLIDAYS
16.1. The days listed below are observed by the District as holidays. Employees will
receive holiday pay if their entire scheduled work shifts immediately preceding and
following the holiday are in a paid payroll status, meaning the employee worked
those shifts or utilized paid time off in lieu of working those shifts. When an
employee's work schedule requires that they work on an observed holiday, the
employee will be paid at the employee's regular rate of pay for the holiday, and will
also receive pay at the rate of one and one half (1.5) times his/her regular hourly rate
for all hours actually worked. Employees may also elect to receive Holiday
Compensatory Time Off on an hour for hour basis rather than receive holiday pay.
When a holiday occurs on an employee's regular scheduled day off, the employee
Page 8 of 31
will accrue compensatory time off for the amount of hours normally scheduled for that
day. Employees with a compensatory time off balance in excess of fifty (50) hours as
of the last pay period ending in October will receive a mandatory payout for the hours
that exceed fifty (50).
Holidays
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday**
16.2. Floating Holiday: Employees may elect one (1) day during each year as a "Floating
Holiday." New employees shall be granted a "Floating Holiday" on a pro rata basis in
the first calendar year of service per the following table:
Hire Date Percent
15
' Quarter (January-March) 100%
2"u Quarter (April-June) 75%
3ru Quarter (July-September) 50%
4"' Quarter (October-December) 0%
16.3. Employees must use the "Floating Holiday" within the year it is granted. Every effort
will be made to approve an employee's request for a "Floating Holiday" off providing
sufficient notice is given.
16.4. Part-time employees are eligible for holiday benefits on a pro-rata basis as set forth
in applicable District Policy.
ARTICLE 17. -HOURS OF WORK
17.1. The work schedule for full-time employees will be eighty (80) hours per biweekly pay
period, normally scheduled in shifts of four (4) nine-9-hour days each week and one
(1) additional 8-hour day on alternate weeks (9/80), four (4) ten 10-hour days each
Page 9 of 31
week (8/80), or three (3) twelve 12-hour days each week and one ( 1) additional 8-
hour day on alternate weeks (7/80). However, with the approval of the employee's
supervisor, employees may be allowed to flex their schedule within the pay period
provided that the business needs, work flow, and customer service needs of the
District are met.
17.2. The District may, at its sole discretion, change an employee's work schedule with
thirty (30) days written notice to the affected employee, which may be waived by the
employee per written request.
17.2.1.
ARTICLE 18.
The 30-day notice will not be applicable if the change is a result of a
reasonable accommodation.
(This article intentionally left blank)
ARTICLE 19.
(This article intentionally left blank)
ARTICLE 20. -INSURANCE
20.1. The District will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following
date of hire, regardless of hire date. An open enrollment period will be held annually.
20.3. Medical Reopener The District and SPMG agree to reopen this Agreement in
February 2015 to discuss the transition to California State Association of Counties -
Excess Insurance Authority (CSAC-EIA), or to another carrier directly, and varied
plan design changes in order to mitigate excise taxation in 2018.
20.4. Medical Insurance
20.4.1. The District will provide medical health insurance coverage through a
Health Maintenance Organization (HMO) medical insurance plan and a
Preferred Provider Organization (PPO) medical insurance plan, until
such time that the parties agree to changes through the medical
reopener in Section 20.3.
20.5. Regular. full-time employees The District will contribute 90% of employee only
premiums for the HMO medical health plans and 80% of employee only premiums for
the PPO medical plan. The District will contribute 80% of the employee +1
dependent and full family premiums for the HMO or PPO medical plans. Any change
in insurance rates will be shared equally in same ratio as the District and employees
currently pay premiums. Before the renewal of any District sponsored health
insurance plan, the parties agree to meet and confer as to changes in the plan.
20.6. Regular. part-time employees Part-time employees are eligible for medical insurance
benefits on a pro-rata basis as set forth in the applicable District Policy.
20.7. Group Insurance Premiums
Page 10 of 31
20.7.1. Group insurance premiums that are paid by salary redirection can be
made on a pre-tax basis.
20.8. Life Insurance
20.8.1. The District will pay the full premium for $50,000 term life insurance on
each employee.
20.9. Short Term Disability
20.9.1. The District will provide a non-work related, short-term disability
indemnity plan that provides benefits for employees equal to the
maximum weekly amount provided through California's State Disability
Insurance (SDI) program for up to twenty-six (26) weeks following a
fourteen (14) calendar day waiting period.
20.10. Long Term Disability
20.10.1. The District will provide a non-work related, long-term disability indemnity
plan that pays two-thirds of the employee's rate of pay in effect at the
time of such disability, not to exceed $5,000 per month, following a 90-
day waiting period of continuous disability, at such time that an employee
completes five (5) years of service.
20.10.2. For participants age 64 and younger, the maximum period of payment is
based on the Social Security Act retirement age of 65. For participants
age 65 and older, the maximum period of payment is specified. The
specified periods and additional information about coverage is included
in OCSD's long term disability plan contract accessible on the intranet.
20.10.3. No combination of disability or sick leave pay will result in more than an
employee's regular rate of pay. Employees may not receive short-term
and long-term disability benefits at the same time. An employee who is
otherwise not eligible for District paid Long Term Disability may purchase
such coverage at their own expense.
20.11. Dental Insurance
20.11.1. The District will contribute 80% of employee only and full family
premiums for dental insurance.
20.12. Vision Insurance
20.12.1. The District will provide a vision insurance plan for regular, full-time
employees and eligible dependents. Part-time employees are eligible for
vision insurance benefits on a pro-rata basis as set forth in applicable
District Policy.
20.13. Retiring Employees
20.13.1. The District will pay, for employees hired prior to July 1, 1988, two and
one-half (2.5) months' premium for each year of continuous service of a
retiring employee towards the premium costs of coverage for the
employee and eligible dependents under the District medical plan.
Page 11 of 31
20.13.2. In the event the District adds additional optional insurance plans, the
District's share of the premium will be the same as for existing plans as
set forth above. In the event the District changes underwriters for existing
insurance plans, the District's share of the premium will be the same as
for existing insurance plans as set forth above.
20.13.3. The District will continue to implement the retiree medical health
premium offset program wherein the cost of health premiums are offset
by $10 per month for every year of continuous service up to a maximum
of 25 years or $250 per month.
ARTICLE 21. -REIMBURSEMENT ACCOUNT
21.1. Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars
to pay for their portion of the cost of benefits under the Plan through salary
redirection arrangements. The options available under the flexible benefits program
are listed below. This is a brief overview of the different options. For complete
information regarding Flexible Spending Accounts employees must refer to the plan
booklet available in the Human Resources Department.
21.2. Medical Reimbursement Account
21.2.1. The purpose of this account is to provide a method through which the
employee can accumulate pre-tax funds in a Medical Care
Reimbursement Account for purposes of reimbursing himself/herself for
payment of health care costs not otherwise covered by his/her medical
insurance.
21.3. Dependent Care Assistance Account
21.3.1. The purpose of this account is to provide a method through which the
employee can accumulate pre-tax funds in a Dependent Care Assistance
Account for purposes of reimbursing himself/herself for child care
expenses or day care for a disabled dependent
ARTICLE 22. -EXTRAORDINARY SERVICES COMPENSATION
22.1. Employees in the Group are exempt from the overtime provisions of the Fair Labor
Standards Act. However, when services are required beyond what is normally
expected of a position in this Group, employees will be eligible to receive additional
compensation for the performance of such extraordinary service, upon approval of
their Department Head or designee, as set forth below.
22.2. Operations Supervisors will be eligible to receive additional compensation at one and
one-half (1.5) times their regular rate of pay for the following extraordinary services:
work required by a major facilities failure or necessity to protect public health and
safety caused by an emergency declared as such by the General Manager or
designee; work, generally only in the Operations and Maintenance Divisions, which
becomes necessary to cover a regularly assigned shift which falls on an otherwise
non-work day or shift.
ARTICLE 23. -PROBATIONARY PERIOD
23.1. All new employees serve an initial probationary period beginning with the date of hire
Page 12 of 31
and extending to at least the first day of the pay period following twenty-six weeks of
employment without a break in service. Extended absence without pay, short-term
and long-term disability and Workers' Compensation leave does not provide an
opportunity to judge an employees' capability to meet performance expectations for a
position, and thus the time spent on such leaves will not be included towards
completion of the probationary period and may result in an extension.
23.2. Employees who are rehired following a break in service must complete a new
probationary period whether or not one was previously completed. An employee may
be released during his/her Probationary Period at the discretion of the District without
recourse to the Grievance Procedure.
23.3. Employees who are reassigned or laterally transferred will serve a probationary
period of twenty-six (26) weeks. The "probationary period" shall not divest an
employee of his/her property right in his/her former position. Rejection of probation
during this period shall result in the employee reverting to his/her former assignment
and/or position.
ARTICLE 24. -PROMOTIONS
24.1. A promotion is the appointment of an employee to another classification with a higher
maximum rate of pay. The District will determine whether a vacant position will be
filled as an open or promotional recruitment. Whenever the District intends to fill a
position by promotion, the District will post the opportunity for a minimum of ten (10)
business days. Employees must apply during the period of posting. Notices will be
posted on the District's intranet.
24.1.1. Prior to any determination whether to fill a vacant position externally, the
District will evaluate all internal applicants that meet the minimum
qualifications for the posted vacant position. In the event there exists at
least one (1) minimally qualified applicant, the District shall conduct an
internal recruitment.
24.2. A promoted employee will serve a promotional probationary period lasting at least
until the first day of the pay period twenty-six (26) weeks after the effective date of
the promotion.
24.3. At any time during the promotional probationary period, an employee may be
returned to his/her previous position. The promotional probation period may be
extended by mutual agreement between the employee and District management for
up to ninety (90) days.
24.4. If an employee is promoted during his/her initial probationary period, the period will
be extended until at least the first day of the pay period twenty-six (26) weeks after
the effective date of the promotion.
24.5. Promoted employees will receive the equivalent of a one (1) step increase in pay, not
to exceed the top of the range for the new classification or the minimum rate of the
new classification whichever is greater.
ARTICLE 25. -RETIREMENT
25.1. The District will continue participation in the Orange County Employees Retirement
System (OCERS), wherein all full-time employees and part-time employees
scheduled to work twenty (20) hours per week or more are considered members.
Page 13 of 31
The following retirement program is in effect pursuant to the contract between
OCERS and the District.
25.1.1.
25.1.2.
25.1.3.
25.1.4.
Employees hired prior to September 21, 1979: The District will continue
to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan
G) based on the highest consecutive twelve (12) months average
earnings, past and future service.
25.1.1.1. The District will continue to pay 4.5% towards the
employee's contribution to OCERS for those employees who
elected to make a one-time decision to remain in the Plan G
program.
Employees hired on or after September 21, 1979 and before October 1,
2010: The District will continue to contract with OCERS to provide the
2.5% @ 55 benefit formula (Plan H) based on the highest consecutive
thirty-six (36) months average earnings, past and future service.
25.1.2.1. The District will continue to pay 3.5% of an eligible
employee's base salary towards the employee's contribution
to OCERS.
Employees hired on or after October 1, 2010 and before January 1,
2013: The District will contract with OCERS to provide the 1.667% @
57.5 benefit formula (Plan B) based on the highest consecutive thirty-six
(36) months average earnings, past and future service.
25.1.3.1. The District will pay 0% of an eligible employee's base salary
towards the employee's contributions to OCERS.
Employees hired on or after January 1, 2013: The District will contract
with OCERS to provide the 2.5% @ 67 benefit formula (Plan U -PEPRA)
based on the highest consecutive thirty-six (36) months average
earnings, past and future service.
25.1.4.1. The District will pay 0% of an eligible employee's base salary
towards the employee's contribution to OCERS.
25.2. All monies actually contributed into the retirement system by an employee will be
deducted from gross salary for taxation purposes in accordance with Internal
Revenue Code provisions.
ARTICLE 26. -SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of 50% or more of the
hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift will receive a
shift differential of $2.50 per hour.
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY
27.1. Vacation Leave
27.1.1. Except as otherwise provided, regular full-time employees accrue
vacation leave, beginning with the first day of employment, in
accordance with the following schedule:
Page 14 of 31
27.1.2.
27.1.3.
27.1.4.
27.1.5.
27.2. Sick Leave
27.2.1.
27.2.2.
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 5.85 152
In year 15 6.16 160
In year 16 6.46 168
In year 17 6.77 176
In year 18 7.08 184
In year 19 7.39 192
In year 20 and over 7.69 200
Part-time employees accrue vacation leave on a pro-rata basis as set
forth in applicable District Policy.
Vacation leave begins after an employee has completed twenty-six (26)
weeks of continuous service. After his/her first twenty-six (26) weeks of
service, his/her account will be credited with forty (40) hours. After that
time, they will accrue vacation hours consistent with the above chart.
Vacation leave may only be utilized in increments of one-half hour or
more. Vacation leave is accrued for all paid hours, including hours
actually worked and hours in a paid-leave payroll status.
When unpaid absences occur, vacation leave accruals will be applied by
straight proration of leave accruals based on the number of hours paid
within the pay period, and is applicable to all types of leave, whether
legally protected or not.
Annual Payoff. Employees may have a maximum accumulation of two
hundred (200) hours as of the last day of the final pay period in
December of each year. In the event an employee accrues vacation
leave in excess of two hundred (200) hours, it must be used prior to said
December date, all other remaining hours in excess of two hundred (200)
will be paid to the employee in the first pay period in January at the
employee's then current hourly rate of compensation.
Definition. Sick leave is an insurance or protection provided by the
District to be granted to employees in circumstances of adversity to
promote the health and welfare of the individual employee. It is not an
earned right to take time off from work. Sick leave is defined as the
absence from duty of an employee because of a bona fide illness, injury,
or pregnancy, or to attend to the illness or injury of a family member as
hereinafter defined. Temporary employees are not entitled to sick leave
benefits.
Method. -Sick Leave Accrual. Full-time employees hired prior to
Page 15 of 31
27.2.3.
27.2.4.
27.2.5.
27.2.6.
27.2.7.
27.2.8.
November 27, 1981, accrue paid sick leave at the rate of three and one-
half (3.5) hours for each biweekly pay period of continuous service;
ninety-one (91) hours per year. Full-time employees hired on or after
November 27, 1981, accrue paid sick leave at the rate of three (3.0)
hours for each biweekly pay period of continuous service; (seventy-eight
(78) hours per year), beginning with the first day of employment.
Part-time employees accrue sick leave on a pro-rata basis as set forth in
applicable District Policy.
When unpaid absences occur, sick leave accruals will be applied by
straight proration of leave accruals based on the number of hours paid
within the pay period, and is applicable to all types of leave, whether
legally protected or not.
Annual Payoff. Employees may elect annually to be paid for any unused
sick leave hours accrued through the end of October at their current
hourly rate according to the following payoff schedule.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
Employees who terminate for any reason other than retirement or death
will be compensated for any accrued and unused sick leave according to
the above schedule. Employees who retire or decease with twenty (20)
years or more of service will be paid at the one hundred percent (100%)
rate for all accrued and unused sick leave. Employees who retire or
decease with less than twenty (20) years of service will be paid at the
seventy-five percent (75%) rate for all accrued and unused sick leave.
Permissible Uses. Sick leave may be applied only to:
27.2. 7.1. Absence due to illness, injury or pregnancy of an employee.
27.2.7.2. Absence due to medical and dental office appointments of an
employee when approved by the employee's supervisor.
27.2. 7.3. Absence for the care of the employee's father, father-in-law,
mother, mother-in-law, brother, sister, husband, wife,
domestic partner, child, child of domestic partner,
grandparent, legal guardian, or family member with whom the
employee resides.
27.2. 7.4. Absence due to a job-related injury.
General Provisions. To qualify for sick leave pay, the employee must
notify the District at or in advance of the time the employee is scheduled
to report for duty. Minimum charge to the employee's sick leave account
will be one-half (0.5) hour increments.
Page 16 of 31
27.2.9. The Human Resources Department and department management will be
responsible for controlling the abuse of the sick leave privilege. For
absences of ten ( 10) consecutive working days or more, a request for
leave and a medical statement, on prescribed forms, stating expected
date of return must be submitted to the Human Resources Department.
Upon return to work, a written doctor's release must be submitted to the
Human Resources Department. For absences of one ( 1) or more
working days in an unpaid status, a request for leave and a medical
statement, on prescribed forms, stating expected date of return must be
submitted to the Human Resources Department.
27.2.10. If the need for leave is due to the employee's serious health condition, as
defined in the Family and Medical Leave Act ("FMLA") or the California
Family Rights Act ("CFRA"), the certification requirement will comply with
the provisions of these Acts.
27.2.11. Sick Leave Incentive Plan. If the average sick leave usage of employees
in the Group is under forty (40) hours per year, calculated on annualized
actual time off from October to October, based on the last pay periods
ending in October, exclusive of catastrophic illness or injury requiring
absence in excess of two hundred (200) hours or industrial injury leave in
excess of eighty (80) hours, the annual payoff for unused sick leave will
be as follows:
Accrued Sick Leave Hours Rate of Payoff
0-100 15%
101 -240 45%
241 -560 60%
Over 560 (mandatory) 75%
27.3. Jury Duty Leave
27.3.1.
27.3.2.
27.3.3.
Any full-time, including probationary, employee who is called for jury duty
will be entitled to his/her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two (22) working
days.
Prior to jury duty service, employees must complete an on line time off
request form. To be entitled to receive regular pay for such jury leave,
employees must report for work during their regularly scheduled work
shift when they are relieved from jury duty service, unless there is less
than one-half(%) of a regular shift remaining. Employees are not
compensated for jury duty occurring on scheduled days off.
An employee serving jury duty must obtain an attendance slip from the
court to be submitted to his/her supervisor with his/her timesheet in order
to be eligible for regular pay for those hours of absence due to jury duty.
27.4. Witness Leave
27.4.1. Any full-time, including probationary, employee, who is required to be
absent from work by a subpoena properly issued by a court, agency or
Page 17 of 31
27.4.2.
commission legally empowered to subpoena witnesses, which subpoena
compels his/her presence as a witness, except in a matter wherein
he/she is named as a defendant or plaintiff or as an expert witness, will,
upon approval of an on line time off request, be entitled the time
necessary to comply with such subpoena. An employee's regular pay
will be reduced by the amount of witness leave pay received, exclusive
of mileage.
An employee so subpoenaed must submit a copy of the subpoena to
his/her supervisor and complete an on line time off request form in order
to be eligible for pay for such absence. To be entitled to receive regular
pay for such witness leave, the employee must report for work at the
District for time not actually retained on witness service of one (1) hour or
more prior to and/or upon completion of each day's service, exclusive of
travel time.
27.5. Military Leave
27.5.1.
27.5.2.
A request for military leave will be made upon leave-of-absence forms
approved by the Human Resources Department and will state the date
when it is desired to begin the leave-of-absence and the date of
anticipated return. A copy of the orders requiring such military service will
be submitted with the request.
Provisions of the Military and Veterans Code of the State of California,
Sections 395-395.5 will govern military leave. In general, current law
provides that an employee having one (1) year or more service with a
public entity is entitled to military leave with pay not exceeding thirty (30)
days per year if the employee is engaged in military duty ordered for
purposes of active military training or encampment. An employee who is
required to attend scheduled service drill periods or perform other
inactive duty reserve obligations is entitled to military leave without pay,
not exceeding seventeen ( 17) calendar days per year, although the
employee may, at his or her option, elect to use vacation, administrative
leave, or personal leave time to attend the scheduled reserve drill
periods or to perform other inactive drill period obligations. Employees
who participate in weekend military drill duty are not eligible for leave
with pay for such activity, but may have their regular work schedule
changed to accommodate the required time off.
27.6. Bereavement Leave
27.6.1.
27.6.2.
Any full-time employee, whether probationary or regular, shall receive a
maximum of thirty-six (36) hours off with pay for the death or funeral of
an immediate family member. Immediate family member is defined as
the employee's father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, sister, step-sister, husband, wife,
domestic partner, biological child, adopted child, step-child, child of a
domestic partner, grandchild, grandparent, foster parent, foster child,
legal guardian, or any family member with whom the employee resides.
Employees must submit an on line time off request form for approval by
their supervisor.
Part-time employees are eligible for bereavement leave on a pro-rata
basis as set forth in applicable District Policy.
Page 18 of 31
27.7. Administrative Leave
27.7.1.
27.7.2.
Effective the first pay period in July, regular full-time employees in the
Group shall be granted forty (40) hours of Administrative Leave.
Employees who are hired or promoted into the Group shall be granted
Administrative Leave on a pro-rata basis per the following schedule:
Hire Date Percent
July -September 100%
October -December 75%
January -March 50%
April -June 0%
Administrative Leave will be administered in accordance with the
following guidelines:
27. 7.2.1. Administrative Leave may be used in one-quarter-(0.25) hour
increments
27.7.2.2. Any unused Administrative Leave, within the fiscal year
granted, will not be carried over to the next fiscal year.
27.7.2.3. Any unused Administrative Leave, within the fiscal year
granted, is not subject to cash out or eligible for any mandatory
payout.
27.7.2.4. Employees who cease to be part of the Group for any reason
will forfeit any unused Administrative Leave.
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of the District to grant employees leaves-of-absence without pay under
certain circumstances and in accordance with state and federal benefit entitlement
laws. Except as stated below, employees will not receive compensation during an
unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence
prior to exhausting all paid leave accrual balances, excluding employees protected
by PDL (Pregnancy Disability Leave)/FMLA (Family and Medical Leave Act)/CFRA
(California Family Rights Act) for their own serious health condition.
28.2. Using the prescribed forms, approved by District management, any full-time,
including probationary, or part-time employees with at least fifty-two (52) weeks of
service and at least twelve hundred fifty (1,250) hours of service, may be granted an
FMLA or CFRA leave-of-absence without pay, not to exceed twelve (12) weeks in a
rolling twelve (12) month calendar period. A "rolling" twelve (12) month period is
measured backward from the date the employee uses the leave. A request for leave
of absence without pay must be made upon prescribed forms in all instances where
an employee is absent without pay for more than five (5) consecutive working days,
or for absences of ten (10) working days or more when using paid sick leave
accruals.
Page 19 of 31
28.3. Substitution of Paid Leave.
28.3.1.
28.3.2.
Employees who request FMLA or CFRA Leave for qualifying purposes
other than the employee's own serious health condition will be required
to use all accruals before unpaid leave is granted.
Vacation, administrative leave or personal leave accruals may be used
for the care of the employee's father, step-father, father-in-law, mother,
step-mother, mother-in-law, brother, step-brother, sister, step-sister,
husband, wife, domestic partner, biological child, adopted child, step-
child, foster child, legal ward, child of a domestic partner, grandchild,
grandparent, foster parent, legal guardian, or any family member with
whom the employee resides.
28.4. Permissible Uses
28.4.1.
28.4.2.
FMLA Leave. FMLA leave may be used for:
28.4.1.1. The birth of a child or to care for a newborn of an employee;
28.4.1.2. The placement of a child with an employee in connection with
the adoption or foster care of a child;
28.4.1.3. The care for the employee's father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother,
sister, step-sister, husband, wife, biological child, adopted
child, step-child, foster child, legal ward, child of a domestic
partner, grandchild, grandparent, foster parent, legal guardian,
or any family member with whom the employee resides, who
has a serious health condition, as defined in the Act;
28.4.1.4. The employee's own serious health condition that renders the
employee unable to perform the essential functions of his or
her position, including incapacity due to pregnancy;
28.4.1.5. A qualifying exigency arising out of the fact that an employee's
family member is on covered active duty or called to covered
active duty status in the Armed Forces. A qualifying exigency
may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of
the service member, or attending to farewell or arrival
arrangements for the service member;
28.4.1.6. The care for the employee's family member or "next of kin"
service member of the United States Armed Forces who has a
serious injury or illness incurred in the line of duty while on
active military duty. This leave may consist of up to 26 weeks
of unpaid leave during a single 12-month period.
CFRA Leave. CFRA Leave may be used for:
28.4.2.1. The same purposes as FMLA Leave, including the care of a
domestic partner or child of a domestic partner, and will run
concurrently with FMLA leave.
Page 20 of 31
28.4.2.2. CFRA Leave may not be used for 1) an employee's incapacity
due to pregnancy, 2) leave due to a qualifying exigency, or 3)
to care for a family member or next of kin with a serious injury
or illness incurred in the line of duty. However, incapacity due
to pregnancy may entitle an employee to up to four (4) months
of pregnancy disability leave under California's Pregnancy
Disability Leave (PDL) law.
28.5. General Provisions
28.5.1.
28.5.2.
28.5.3.
28.5.4.
28.5.5.
28.5.6.
Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable, the District requests
thirty (30) days advance notice.
Medical Certification
28.5.2.1. As a condition of FMLA or CFRA Leave because of a serious
health condition, the District may require certification by the
employee's attending physician in accordance with the
Department of Labor (DOL) regulations.
Medical and Dental Premiums
28.5.3.1. During FMLA and CFRA Leave, the District will pay for medical
and dental benefits at the same level as coverage would have
been provided if the employee was not on leave. The
employee will be required to pay his or her share of medical
and dental premiums. Failure to submit a monthly co-payment,
in full, within forty-five (45) days of the invoice date will result in
loss of group coverage. Coverage will be reinstated upon
return to active employment.
Reinstatement
28.5.4.1. Upon expiration of FMLA or CFRA Leave, the employee will be
reinstated to the same or a comparable position unless the
employee would not otherwise have been entitled to that
position for reasons unrelated to such leave (e.g., lay-off), in
which case the District's obligation to continue health and
dental or other benefits will cease.
District Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave Married employees will be limited to a combined
total of twelve (12) weeks FMLA or CFRA Leave in a rolling
twelve ( 12) month calendar period for the care of a parent or
newly born or placed child.
28.5.5.2. CFRA Leave Married employees and employees in domestic
partnerships will be limited to a combined total of twelve (12)
weeks CFRA Leave in a rolling twelve (12) month calendar
period for the care of a parent or newly born or placed child.
General Leave
Page 21 of 31
28.5.7.
28.5.8.
28.5.6.1. Employees who have exhausted all paid time off accruals may
request to be granted a general leave-of-absence by District
management to attend to personal matters, or for FMLA or
CFRA qualifying events after the expirations of previously
authorized leave.
28.5.6.2. During a general leave-of-absence, the employee will be
required to pay both the District's and the employee's share of
medical and dental premiums.
28.5.6.3. Failure to submit a monthly co-payment, in full, within forty-five
(45) days of the invoice date will result in loss of group
coverage. Coverage will be reinstated upon return to active
employment.
Return to Work Policy
28.5.7.1. An employee who has been absent from work due to a
medical reason may be subject to a Return-to-Work medical
evaluation.
28.5. 7.2. If it is determined that the job demands of the position last held
by the employee are not compatible with the employee's
restrictions (with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA) and the
employee is willing to return to work, placement in an
alternative position, if available, will be considered. The
employee will be re-classified as medically disqualified while
alternative positions are being considered. Such time off will
be without pay; however, the employee may elect to use
accrued leave hours, such as vacation, sick or personal, to
receive compensation. Placement of an employee in an
alternative position requires a pre-placement medical
evaluation for the alternative job.
28.5. 7.3. If it is determined that the job demands of the position last held
by the employee are not compatible with the employee's
restrictions (and cannot be reasonably accommodated if the
employee is disabled within the meaning of ADA/FEHA) and
there is not an alternative position, or the employee's
restrictions are not compatible with an alternative position, or
the employee is not willing to return to work, the employee will
be re-classified as medically disqualified and not permitted to
work. Thereafter, the employee will be retired for disability, if
eligible, or dismissed. Such dismissal will not imply
disciplinary action for cause. If requested, the employee's file
will indicate the employee left for personal reasons.
Bridge of Service
28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is
rehired to a position within the District within one (1) year, the
District will bridge the employee's service date. Bridging of
service procedures involve adding the total number of days
away from work to the employee's original date of hire.
Page 22 of 31
28.5.9.
28.5.10.
Failure to Return to Work
28.5.9.1. If, upon the expiration of FMLA or CFRA Leave, or any District-
approved extension thereof including General Leave, an
employee fails to return to work and no additional leave has
been authorized, the employee will be considered to have
automatically resigned from his/her position. In such cases, the
employee will receive advance notification of the District's
intent to implement an automatic resignation.
Compliance with Law
28.5.10.1. These Leave-of-Absence provisions will be interpreted and
applied in a manner that is consistent with the provisions of
FMLA, CFRA, ADA and all other laws. In the event there is a
direct conflict between these provisions, as written or applied,
the provisions of law will govern.
ARTICLE 29. -CLASSIFICATION STUDIES
29.1. OCSD will include a representative from the Supervisor Group and the Professional
Group to participate as a partner in the agency-wide classification and compensation
study. Implementation of the classification and compensation study will be subject to
meet and confer.
29.2. An employee who believes his/her position is not properly classified may submit a
written request to the Department Head asking that a classification study be
conducted. The Department Head will acknowledge the request in writing and review
the request for accuracy, and forward it to the Human Resources Department for
consideration and response. Classification studies will only be conducted twice a
year in November and during the budget process; therefore, classification study
requests shall be submitted October 1st for the November review and according to
the Finance budget schedule which normally requests all information by the end of
February. District management may also conduct classification studies at their
discretion to ensure that the duties and responsibilities of all employees are
appropriately allocated within the classification structure.
29.2.1.
29.3. Y-Rating
29.3.1.
29.3.2.
All classification study findings regarding existing classifications are
subject to approval by the General Manager; findings recommending a
new job classification range are subject to approval by the District's
Board of Directors. The recommendations of the classification study will
be implemented in the first pay period immediately following the
completion of the study unless the recommendations require action to be
taken by the Board of Directors prior to implementation. In such event,
the recommendations will be implemented in the first pay period
immediately following authorization by the Board.
In the event the duties and responsibilities of a position are allocated to a
lower paid classification, the salary of the incumbent of that position will
remain unchanged.
Y-rating will be granted for all reclassifications where employees are
working in a job classification with a lower maximum rate of pay resulting
Page 23 of 31
29.3.3.
from changes to the District's staffing requirements, organizational
structure or "bumping" associated with layoffs. Y-rating shall not apply in
cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay (unless otherwise
authorized by the General Manager).
The Y-rate will remain in effect until the salary range for the new
classification equals or exceeds the employee's Y-rated salary.
Employees become eligible for merit increases and range adjustments
when the Y-rate is no longer in effect.
ARTICLE 30. -DRIVER'S LICENSE
30.1. Employees who are required by the District to drive must notify their supervisor and
the Risk Management Division immediately upon receipt of any suspension or
revocation of their California Driver's License privileges. Failure to do so could result
in disciplinary action up to and including separation.
30.2. If an employee whose license is suspended or revoked and is unable to perform
his/her regular duties and responsibilities notifies the District in a timely fashion, an
attempt will be made to place the employee in an equal or lower level position for
which he/she is qualified. Placement in the range of the new classification is subject
to District's management discretion.
30.3. The District will continue to pay the license renewals and physical examination costs
of Class A and B licenses that are specifically required by the District.
ARTICLE 31. -LAYOFF PROCEDURE
31.1. If, in the sole discretion of District's management, personnel reductions are
necessary, layoff order and recall lists will be developed based upon job
classification, priority of function, job performance, individual qualifications and
seniority. The Group and employees subject to lay off will be provided with at least
two (2) weeks notification in writing whenever possible.
31.2. Employees in classifications subject to layoff may request a voluntary demotion to
any previously held position for which they remain qualified. Such request must be
made in writing to the Human Resources Department within five (5) days of receipt of
the Layoff Notice. The salary of an employee who voluntarily demotes will be
unchanged, except that it may not exceed the top step of the range for the lower level
classification.
31.3. Recall lists will be developed for all classifications experiencing personnel reductions,
and will be maintained for a period of two (2) years from the date of layoff. Individuals
will be placed on the list in the inverse order of layoff, so that the last person laid off is
the first recalled. When a vacancy occurs in a classification for which a Recall list
exists, an offer of reemployment will be made to the individual on the top of the list.
That individual must respond to the offer within five (5) days, or the offer will be made
to the next person on the list. An individual who either does not respond or refuses
three (3) consecutive offers will have his/her name removed from the list.
31.4. All notification and responses must be in writing and delivered either in person or by
Certified Mail. It is the responsibility of all employees to keep the Human Resources
Department informed of their current address, or where they may be contacted.
Page 24 of 31
ARTICLE 32. -LIGHT DUTY
32.1. An employee who is released by a physician to perform limited duties because of a
temporary disability may be assigned to light duty at the discretion of the District.
Light duty may consist of duties other than those normally performed by the
employee and that are within the employee's medical restrictions. An employee
assigned to light duty will be paid the regular wage rate for the job classification to
which he or she was assigned prior to being temporarily disabled.
ARTICLE 33. -MEDICAL EXAMINATION
33.1. When there is reasonable evidence to suggest that an employee is impaired in a
manner that endangers his/her own health or safety, or that of others, the District
may require that employee to be examined or evaluated by a health care provider.
The purpose of such examination must be job related. Any examination under this
provision will be conducted on District time and at District expense. An employee
may submit an independent medical opinion regarding his/her condition and
addressing his/her ability to competently perform the duties of the position. This
information will be reviewed and considered by a competent medical authority in
arriving at a decision regarding the individual's continued employment in the position.
ARTICLE 34. -MILEAGE ALLOWANCE
34.1. Approved use of a personal vehicle for District business will be reimbursed at the
current IRS rate.
ARTICLE 35. -ACTING PAY
35.1. Employees who are assigned by District management to perform the duties of an
open, budgeted position at a higher level for a period of at least one hundred (100)
consecutive hours will be eligible for a one (1) step salary increase, or the first step of
the range for the higher level classification, whichever is greater. The higher rate of
pay begins with the 101 st hour, and continues until the assignment ends or the six
(6) month limitation has been reached at which time a determination will be made as
to whether the position should or should not be posted. Requests for acting pay
require the approval of the Department Head and the Human Resources Department.
The one hundred (100)-hour eligibility period may be waived at the discretion of the
General Manager.
ARTICLE 36.
(This article intentionally left blank.)
ARTICLE 37. -PERSONNEL FILES
37.1. Employees have the right to inspect their Personnel File in the Human Resources
Department during the normal office hours of the Human Resources Department by
appointment. Employees who wish to correct allegedly erroneous information in their
file, or request that items related to disciplinary matters be removed after the
indicated time period has elapsed, should submit a request in writing to the Human
Resources Department. It is the responsibility of each employee to keep the personal
information in his/her files current, including home address, telephone number and
person to contact in an emergency.
Page 25 of 31
ARTICLE 38. -BULLETIN BOARDS
38.1. The Group may use the bulletin boards located at Plant 1 and Plant 2 which are
designated for use by employee Groups to post notices to District employees
provided that: (a) no controversial matter which is critical or derogatory of the District,
its employees, officers or Directors may be posted; (b) nothing posted by the District
may be removed; (c) the Group will remove its notices after a reasonable length of
time; and (d) only a reasonable number of notices will be posted.
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1. A maximum of three (3) employees covered by this Agreement and appointed by the
Group will be granted reasonable release time for attending meet and confer
sessions at the bargaining table. Release time will not be compensated for any
hours that exceed the employee's regularly scheduled hours of work.
39.2. The Group will provide the Human Resources Department with the names of
employees requiring meet and confer release time in advance of the meet and confer
session. The release time will be granted provided that the needs of the District
permit the time away from assigned work.
ARTICLE 40. -USE OF DISTRICT FACILITIES
40.1. District facilities may be used by the Group with prior notice to the Human Resources
Department for the purpose of holding meetings, to the extent that such use does not
interfere with normal District operations. The Group agrees to pay for the cost of any
additional custodial or security services.
ARTICLE 41. -SCOPE OF BARGAINING
41.1. The District and the Group acknowledge that during the negotiations which resulted
in this Agreement, each party had the unlimited right and opportunity to make
demands and proposals with respect to all proper subjects within the scope of
representation. Therefore, the District and the Group, for the term of this Agreement,
except as otherwise provided herein, each voluntarily and unqualifiedly waive the
right, and each agrees that the other will not be obligated to bargain collectively with
respect to any subject or matter contained in this Agreement.
ARTICLE 42. -IMPASSE PROCEDURES
42.1. If either the District or Group declares that an impasse exists in the meet and confer
process, the party so declaring may initiate the impasse procedure by providing the
other party with a written request for an impasse meeting, together with a statement
of its position on all issues. An impasse meeting will be scheduled and held between
the parties within fourteen (14) calendar days or as soon as practicable to:
42.1.1. Review the position of the parties in a final effort to reach agreement on
a memorandum of understanding, and if the impasse is not resolved, to
discuss the immediate utilization of impasse procedures outlined herein.
42.2. Impasse Procedures are:
42.2.1. Mediation: If the parties mutually agree to submit the dispute to the State
Mediator and Conciliation Service all mediation proceedings will be
Page 26 of 31
42.2.2.
42.2.3.
private and as soon as practicable. The mediator will make no public
recommendation, nor take any public position at any time concerning the
issues.
Fact-Finding: Whether the parties submit the dispute to mediation or not,
the Group may request that the parties' differences be submitted to a
factfinding panel as soon as practicable. The cost of a fact finder and
other mutually incurred costs will be mutually shared by the District and
Group.
Board Actions: If the parties fail to resolve the impasse, the dispute will
be sent to the District Board of Directors for resolution. Each party will
submit its written proposal on all issues to the Board. The Board may
take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse will
be final and binding.
ARTICLE 43. -SEVERABILITY
43.1. Notwithstanding any other provisions in this Agreement, in the event that any article,
section or subsection of this Agreement will be declared invalid by any court or by
any state or federal law or regulation, or should a decision by any court or any state
or federal law or regulation diminish the benefits provided by this Agreement, or
impose additional obligations on the District, the District and the Group will meet and
confer on the affected article, section or subsection. In such event, all other articles,
sections or subsections of this Agreement not affected will continue in full force and
effect.
ARTICLE 44. -UNIFORMS
44.1. The District will provide and maintain ten (10) uniform pants and shirts, which may
include the name of the employee and District seal, at no cost to employees whose
duties require that they wear uniforms. The District will also provide lab coats as
required by the lab manager.
44.2. All employees who are issued uniforms must wear them during the performance of
their regular duties. Other clothing appropriate to the occasion, as determined by
District management, may be worn when attending business meetings. Failure to
wear required clothing, shoes and safety equipment may be cause for disciplinary
action.
ARTICLE 45. -SUBSTANCE ABUSE POLICY
45.1. The District's Substance Abuse Policy will apply to all Group members. The District
and the Group agree to meet and confer for any proposed revisions to the policy. The
District may adopt or implement rules, regulations and policies to be in compliance
with federal and state laws. In such cases, notification will be provided to the Group
prior to implementation.
45.2. Department of Transportation (DOT) Regulations
45.2.1. Every driver who operates a commercial motor vehicle in interstate or
intrastate commerce, and is subject to the commercial driver's license
requirements of the Department of Transportation, Federal Highway
Administration CFR Part 382 is subject to the District's Anti-Drug and
Page 27 of 31
Alcohol Program. The District will ensure that all alcohol or controlled
substances testing conducted under the Substance Abuse and Alcohol
Misuse Plan complies with the procedures set forth in CFR Part 40.
45.3. District's Substance Abuse Policy:
45.3.1. Any employee may be subject to discipline, up to and including
termination, for any alcohol screen test that indicates an alcohol
concentration level of 0.02% or greater.
ARTICLE 46. -DUES DEDUCTIONS
46.1. At monthly orientation meetings for new employees, a Group informational packet will
be provided to those employees holding Group-represented positions. The
informational packet will include Group contact information, a Group Payroll
Deduction Authorization Form, and a transmittal indicating:
46.1.1.
46.1.2.
46.1.3.
46.1.4.
Management representatives will not encourage or discourage Group
membership participation;
The employee belongs to a classification represented by the Group;
The Group is the exclusive recognized employee organization for all
employees in the Group; and
The employee may complete the Group Payroll Deduction Authorization
Form and submit it to the Human Resources Department if he/she would
like to join the group.
46.2. The District will deduct from each regular paycheck and remit to Group the dues,
initiation fees and assessments for each employee who voluntarily authorizes such
deduction in writing. Such authorizations must be filed by the end of the pay period
prior to the period for which the deduction is requested.
46.3. The District will provide the Group a quarterly list of the names of those employees
for whom it has made deductions. In addition, the District will provide the names of
new employees and the names of employees who have terminated within the
reporting period.
ARTICLE 47. -MAINTENANCE OF MEMBERSHIP
4 7 .1. All employees who, on July 4, 1997, are members of the Group, or who thereafter
become members of the Group, shall remain members of the Group, except that any
employee may withdraw his/her membership by written notice to the Group and the
District during the ten day period between ninety (90) and one hundred (100) days
preceding the expiration of this agreement.
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES
48.1. During the term of this Memorandum, or any subsequent period when impasse
resolution procedures are in progress or recommendations resulting from such
procedures are being considered by the parties, the District agrees it will not lockout
employees in this Group, and Group agrees that it will neither advocate, encourage
or participate in any strike, including sympathy strike, or work stoppages, nor
Page 28 of 31
encourage employees to refrain in whole or in part from the full, faithful and proper
performance of their duties of employment.
ARTICLE49.
(This article intentionally left blank)
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1. The District's Workplace Violence and Weapons Policy will apply to all Group
members. The District and the Group agree to meet and confer for any proposed
revisions to the policy.
ARTICLE 51. -RESIGNATION
51.1. Voluntary written resignation of employment with the District is irrevocable after
seventy-two (72) hours from the District's receipt of the resignation except by
approval of the Human Resources Department.
ARTICLE 52.
{This article intentionally left blank)
Page 29 of 31
SIGNATURE PAGE
2013 -2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES OF THE PROFESSIONAL GROUP
Executed : M o.-rch 9 ) 20\5
PROFESSIONAL GROUP
~~-~ s1nesse;;resen a 1ve,
AFSCME Council 36 (Affiliate of SPMG)
Marc Brown, Principal Staff Analyst
............. ..,... ....... ·""· ~ -. .,,,-~
...... ~~as DlJbrO\/SiJ,Piial Contracts
Administrator r
ORANGE COUNTY SANITATION DISTRICT
Andrew Nau, Principal Human Resources
Analyst
Stephanie Good, Human Resources Analyst
Page 30 of 31
APPENDIX A
Medical Insurance Plan Design Components 1
'
2
CURRENT STATE -SUBJECT TO CHANGE PENDING MEDICAL REOPENER
Deductible
Annual Out-of-
Pocket Max/Member
Annual Out-of-
Pocket Max/Family
Physician Office Visit
Specialist Office Visit
Preventive Care
Inpatient Hospitalization
Outpatient Hospitalization
Emergency Room
Infertility Benefits
Chiropractic
Opt-Out from Plan
P~rlption Dtugs
Retail
Mail Order
PPO
PPO NorFNetwork .
$150 I $450
$2,000 $3,000
$4,000 $6,000
.. .
$15/Visit 30%
$15/Visit 30%
No Charge 30%
10% 30%+ $500
10% 30%
$100 I Visit
(waived if admitted)
Excluded from Plan
$15 I Visit 30%
(30 (30 visits/year)
visits/year)
Yes
Generic I Brand I
Non-Formulary
$5 I $20 I $35
(30-day supply)
$5 I $40 I $70
(90-day supply)
:
Hff()<
None
$1,500
$3,000
·:·
' > ......
$15 I Visit
$15 /Visit
No Charge
$100Admit
$50 Surgery Admit
$100/ Visit
(waived if admitted)
Status Quo
$10/Visit
(30 visits/year)
Yes .
Generic /Brand/
No~Fonnulary
$5 I $20 I $35
(30-day supply)
$5 I $40 I $70
(90-day supply)
1 Plan Design Components subject to change pending the upcoming medical reopener.
2 Plan Design Components will include any applicable mandated legislative changes.
Page 31 of 31
. 1Kaiser
None
$1,500
$3,000
..
. ·',"
$15/ Visit
$15/ Visit
No Charge
$100Admit
$15 Co-pay
(per procedure)
$100 /Visit
(waived if admitted)
Status Quo
$10 I Visit
(30 visits/year)
Yes
Generic/ Brand
$5 I $20
(100-day supply)
N/A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
EMPLOYEES IN THE SUPERVISOR GROUP
July 1, 2013 through June 30, 2016
TABLE OF CONTENTS
ARTICLE 1. -RECOGNITION ............................................................................................................................ 1
ARTICLE 2. -DURATION ................................................................................................................................... 1
ARTICLE 3. -SUCCESSOR AGREEMENT ....................................................................................................... 1
ARTICLE 4. -GROUP ACCESS ..............................................•........................................................•..•...•.......... 1
ARTICLE 5. -GROUP RIGHTS .......................................................................................................................... 2
ARTICLE 6. -DISTRICT RIGHTS ....................................................................................................................... 2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT ..............................................................•.......•.......... 2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT ...................................................................................... 2
ARTICLE 9. -SAFETY ..............................................................•........................................................•.•...•.......... 3
ARTICLE 10. -DISCIPLINE AND DISMISSAL .................................................................................................... 3
ARTICLE 11. -GRIEVANCE PROCEDURE ........................................................................................................ 4
11.3.1. STEP 1 ...................................................................................................................................................... 5
11.3.2. STEP 2 ...................................................................................................................................................... 5
11.3.4. STEP 3 ...................................................................................................................................................... 5
11.3.5. STEP 4 ...................................................................................................................................................... 5
ARTICLE 12. -PROBLEM SOLVING PROCEDURE .......................................................................................... 6
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION ................................................................... 6
13.3. MERIT PAY ................................................................................................................................................ 6
13.4. PERFORMANCE MANAGEMENT PROGRAM ................................................................................................... 7
13.5. DEVELOPMENT PAY ................................................................................................................................... 7
13.9. SALARY RANGE ADJUSTMENTS .................................................................................................................. 7
13.10. INVESTMENT INCENTIVE SALARY (llS) ......................................................................................................... 8
ARTICLE 14. -SEVERANCE PAY ....................................................................................................................... 8
ARTICLE 15. -DEFERRED COMPENSATION ..................................................................................................• 8
ARTICLE 16. -HOLIDAYS .................................................................•............................................•.................... 8
16.2. FLOATING HOLIDAY ................................................................................................................................... 9
ARTICLE 17. -HOURS OF WORK ...................................................................................................................... 9
ARTICLE 18. . ..................................................................................................................................................... 10
ARTICLE 19. . ..................................................................................................................................................... 10
ARTICLE 20. -INSURANCE .............................................................................................................................. 10
20.3. MEDICAL INSURANCE ............................................................................................................................... 10
20.6. GROUP INSURANCE PREMIUMS ................................................................................................................ 11
20.7. LIFE INSURANCE ...................................................................................................................................... 11
20.8. SHORT TERM DISABILITY ......................................................................................................................... 11
20.9. LONG TERM DISABILITY ........................................................................................................................... 11
20.10. DENTAL INSURANCE ................................................................................................................................ 11
20.11. VISION INSURANCE .................................................................................................................................. 11
20.12. RETIRING EMPLOYEES ............................................................................................................................. 11
ARTICLE 21. -REIMBURSEMENT ACCOUNT ................................................................................•.•...•.......... 12
21.2. MEDICAL REIMBURSEMENT ACCOUNT ....................................................................................................... 12
Page ii
21.3. DEPENDENT CARE ASSISTANCE ACCOUNT ............................................................................................... 12
ARTICLE 22. -EXTRAORDINARY SERVICES COMPENSATION .................................................................. 12
ARTICLE 23. -PROBATIONARY PERIOD ....................................................................................................... 12
ARTICLE 24. -PROMOTIONS .......................................................................................................................... 13
ARTICLE 25. -RETIREMENT ............................................................................................................................ 13
25.1.1. EMPLOYEES HIRED PRIOR TO SEPTEMBER 21, 1979 .................................................................................. 14
25.1.2. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1. 2010 ............................ 14
25.1.3. EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 2010 ................................................................................. 14
ARTICLE 26. -SHIFT DIFFERENTIAL .............................................................................................................. 14
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY ........................................................................................... 14
27.1. VACATION LEAVE ..................................................................................................................................... 14
27.2. SICK LEAVE ............................................................................................................................................. 15
27.3. JURY DUTY LEAVE ................................................................................................................................... 17
27.4. WITNESS LEAVE ...................................................................................................................................... 17
27.5. MILITARY LEAVE ...................................................................................................................................... 18
27.6. BEREAVEMENT LEAVE .............................................................................................................................. 18
27.7. ADMINISTRATIVE LEAVE ........................................................................................................................... 19
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................... 19
28.3. SUBSTITUTION OF PAID LEAVE ................................................................................................................. 20
28.4. PERMISSIBLE USES ................................................................................................................................. 20
28.5. GENERAL LEAVE ...................................................................................................................................... 22
28.6. RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE ................................................................... 22
28. 7. COMPLIANCE WITH LAW ........................................................................................................................... 23
ARTICLE 29. -CLASSIFICATION STUDIES .................................................................................................... 23
29.4. Y-RATING ··············································································································································· 23
ARTICLE 30. -DRIVER'S LICENSE .................................................................................................................. 24
ARTICLE 31. -LAYOFF PROCEDURE ............................................................................................................. 24
ARTICLE 32. -LIGHT DUTY .............................................................................................................................. 25
ARTICLE 33. -MEDICAL EXAMINATION ......................................................................................................... 25
ARTICLE 34. -MILEAGE ALLOWANCE ........................................................................................................... 25
ARTICLE 35. -ACTING PAY .............................................................................................................................. 25
ARTICLE 36. . ................................................................................................................................................. 25
ARTICLE 37. -PERSONNEL FILES .................................................................................................................. 25
ARTICLE 38. -BULLETIN BOARDS ................................................................................................................. 26
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS ......................................................... 26
ARTICLE 40. -USE OF DISTRICT FACILITIES ................................................................................................ 26
ARTICLE 41. -SCOPE OF BARGAINING ......................................................................................................... 26
ARTICLE 42. -IMPASSE PROCEDURES ......................................................................................................... 26
42.2. IMPASSE PROCEDURES ............................................................................................................................ 27
ARTICLE 43. -SEVERABILITY .......................................................................................................................... 27
ARTICLE 44. -UNIFORMS ................................................................................................................................. 27
ARTICLE 45. -SUBSTANCE ABUSE POLICY ................................................................................................. 27
Page ii
45.2. DEPARTMENT OF TRANSPORTATION REGULATIONS ................................................................................... 27
ARTICLE 46. -DUES DEDUCTIONS .........................................................................................................••...... 28
ARTICLE 47. -MAINTENANCE OF MEMBERSHIP ...........................•...........................................•.......•....•..... 28
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES ........................................................................•...... 28
ARTICLE 49. ..............................................................................................................................•.......•....•..... 29
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY ....................................................•..•...... 29
ARTICLE 51. -RESIGNATION ........•...................................................•...................................................•..•.•.•... 29
ARTICLE 52. . ..................................................................................•..................................................•...•...... 29
SIGNATURE PAGE ...............................................................................•..................................................•...•.•..... 30
APPENDIX A .....................................................................................•....................................................•...•...... 30
Page iii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE SUPERVISOR GROUP
In accordance with the provisions of California Government Code Sections 3500, et seq., and
Resolution No. 99-24 of the Joint Boards of Directors, the District's authorized representatives
have met and conferred in good faith with representatives of the Supervisor Group. These
meetings have resulted in an agreement and understanding to recommend that the employees
represented by the Supervisor Group accept these terms and conditions, and that the Board of
Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of
employment for the employees represented by the Supervisor Group as set forth in this
Agreement.
ARTICLE 1. -RECOGNITION
1.1. This Agreement, effective July 1, 2013, is entered into between the Orange County
Sanitation District, referred to hereinafter as the "District", and the Supervisor Group,
referred to hereinafter as "Group", as a mutual recommendation to the Board of
Directors of the District of those wages, hours of work, and terms and conditions of
employment.
ARTICLE 2. -DURATION
2.1. This Agreement will be binding on the District and the Group when approved and
adopted by the District's Board of Directors. This Agreement will terminate on June
30, 2016. Any issue regarding the question of representation shall be brought
pursuant to the Employer-Employee Relations Resolution (EERR), Resolution No.
OCSD 99-24.
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1. The Group will submit in writing its initial proposal for a successor agreement prior to
the expiration date of this Agreement.
ARTICLE 4. -GROUP ACCESS
4.1. A Group representative will have access to the District facilities during normal
working hours for the purpose of assisting Group employees in processing
grievances or investigating matters arising out of the application of provisions of this
Agreement.
4.2. The Group will provide the Human Resources Department or designee, with a list of
Representatives who are authorized to request access under this article, and will
notify the Director of Human Resources, or designee, of any changes in that list.
4.3. Group access will not unreasonably interfere with District operations, or with the work
of employees in any manner. The District reserves the right to restrict access in
certain areas designated confidential or secure.
Page 1 of 31
ARTICLE 5. -GROUP RIGHTS
5.1. The Group may designate up to five (5) employees to act as representatives for
employees covered by this Agreement. The Group will furnish the Human Resources
Department with the names of employees selected as representatives and will
update the list as necessary. An alternate representative may be designated to act in
the absence of the regular representative. Employees not listed on the roster of
representatives provided to the District by the Group may not act as representatives.
5.2. Representatives will not perform non work-related duties on work time without the
prior approval of their immediate supervisor. Neither the District nor the Group will
interfere with, intimidate, restrain, coerce or discriminate against employees because
of the exercise or non-exercise of their rights to engage in Group activity.
ARTICLE 6. -DISTRICT RIGHTS
6.1. District inherent rights, powers, functions, duties, responsibilities and authority related
to a managerial or administrative character are reserved to the District in its exercise
of management decision-making, except as specifically modified by the express
provisions of this Memorandum. District rights include, but are not limited to, the
exclusive right to consider the merits, necessity or organization of any service or
activity provided by law, or administrative order; determine the mission of its
constituent departments, commissions and boards; set standards of service,
determine the procedures and standards of selection for employment and promotion;
establish and implement performance standards; direct its employees; take
disciplinary action for proper cause; layoff employees from duty because of lack of
work or lack of funds; maintain the efficiency of District operations; determine the
methods, means and personnel by which District operations are to be conducted;
determine the content of job classifications; classify and reclassify positions; take all
necessary actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its work.
6.2. District retains all authority and rights conferred on it by law, or other legal sources,
except to the extent that such authority is explicitly waived by the express terms of
this agreement. District exercise of its management rights hereunder shall not be
subject to appeal or meeting and conferring, however, that the exercise of such rights
does not preclude the Group from appealing or meeting and conferring the practical
consequences or impacts that District decisions have on wages, hours, and other
terms and conditions of employment.
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT
7.1. There will be no unlawful discrimination in the application of the provisions of this
Agreement with regard to race, color, religion, national origin, ancestry, sex, sexual
orientation, or veteran status. To the extent required by law or by the District's rules
or regulations, this provision of the Agreement will be applied to all members of the
Group without regard to marital status, handicap, medical condition, status as a
disabled veteran, age or citizenship.
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT
8.1. The District endorses and supports the right of all employees to work in a healthy and
safe environment free of recognized hazards. In view of the hazards associated with
smoking and the potentially harmful effect it has on the health and well being of
District employees and their families, smoking is not acceptable within District
Page 2 of 31
facilities, and may occur only in areas posted for smoking.
ARTICLE 9. -SAFETY
9.1. It is the duty of the District to provide and maintain a safe place of employment. The
Group will cooperate by encouraging all employees covered by this Agreement to
perform their work in a safe manner. It is the duty of all employees covered by this
Agreement, in the course of performing their assigned duties, to be alert to unsafe
practices, equipment, and conditions, and to follow the safety regulations and
requirements of the District, and to report any unsafe practices or conditions to their
immediate supervisor. An employee will not be required to perform work that is
unsafe.
ARTICLE 10. -DISCIPLINE AND DISMISSAL
10.1. Discipline may occur when any of the following actions are taken for just cause with
respect to any employee in the Group: verbal reprimand; written reprimand;
suspension without pay; reduction in pay; demotion to a classification with a lower
pay grade, or dismissal.
10.2. Dismissal, for purposes of this Article, is the separation of a non-probationary
employee initiated by the District for just cause.
10.3. A Notice of Intent is not required when the disciplinary action involves a verbal
reprimand or written reprimand.
10.4. A Notice of Intent is required and will be given to an employee whenever the
disciplinary action involves suspension without pay, reduction in pay, demotion to a
classification with a lower pay grade, or dismissal. The notice will be given to the
affected employee either by delivery in person or by Certified Mail sent to the
employee's last known address. Such personal delivery or mailing will be presumed
to provide actual notice to the affected employee. The Notice of Intent will indicate
the date on which it was personally delivered or deposited in the mail, which will be
the date of issuance.
10.5. The Notice of Intent will contain the following: (1) a description of the disciplinary
action intended and the effective date of the action; (2) the reasons for the proposed
action; (3) a copy of the charges and materials upon which the action is based; and,
(4) a statement of the employee's right to respond, either verbally or in writing to the
person initially imposing the discipline, or to a District management representative
with authority to make an effective recommendation on the proposed action; the
person to whom any response must be directed, and the fact that such response
must be received within ten (10) business days of the date of issuance of the notice.
The Notice will also advise the employee of the right to representation.
10.6. Prior to the effective date of the proposed disciplinary action, the employee will be
given an opportunity to respond either verbally or in writing to a management
representative with authority to make an effective recommendation on the proposed
action. After review of an employee's response, the District will notify the employee
in writing of the action that will be taken. Such action may not involve discipline more
severe than that described in the Notice of Intent; however, the District may reduce
discipline without further notice. Further clarification of the disciplinary policies and
procedures are covered in the District's Personnel Policies & Procedures Manual.
10.7. Dismissal will be preceded by at least one (1) written reprimand, except in those
Page 3 of 31
situations in which the employee knows or reasonably should have known that the
performance or conduct was unsatisfactory. Such performance or conduct may
involve, but is not limited to, dishonesty, possession, use, sale or being under the
influence of drugs or alcohol, theft or misappropriation of District property or funds,
fighting on the job, insubordination, acts endangering people or property, or other
serious misconduct. The District may substitute documented suspensions without
pay for written reprimands.
10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee
may request a post-disciplinary hearing. The request must be submitted to the
Assistant General Manager or designee, within ten (10) business days following the
effective date of the disciplinary action (for suspensions, the effective date will be the
first business day following the final day of the suspension). The Assistant General
Manager, or designee, will schedule a post disciplinary hearing with the General
Manager or a hearing officer selected by the General Manager. The hearing officer
may not be an employee of the District. The hearing officer will provide a written,
advisory decision to the General Manager. The General Manager may uphold the
disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager will be
final. If the hearing officer upholds the disciplinary action, the employee will pay the
full cost and expenses of the hearing officer.
10.9. All disciplinary action documentation, except verbal reprimand documentation, will be
placed in an employee's Personnel File in the Human Resources Department.
Verbal reprimand documentation will be kept in the supervisor's employee files.
Supervisors shall inform management staff when a verbal reprimand is to be
implemented. If after twenty-four (24) months from implementation there have been
no recurrences of similar incidents, the supervisor shall destroy the verbal reprimand
documentation.
10.10. Written reprimands may be removed from an employee's personnel file twenty-four
(24) months subsequent to the date of the issuance, provided that there has been no
recurrence of a similar incident during the period. If the Human Resources
Department agrees to remove the written reprimand documentation from an
employee's personnel file such documentation will be retained in a separate file by
the Human Resources Department for the purpose of showing that progressive
discipline has been followed or in support of the District proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this
Agreement through the Problem Solving Procedure. Nothing in this article will be
construed as a waiver of any statutory or constitutional rights.
10.12. A reduction in pay or demotion to a classification with a lower pay grade that is not a
result of performance deficiencies (for example, reclassifications, "bumping"
associated with layoffs, reasonable accommodation) shall not be considered
discipline.
ARTICLE 11. -GRIEVANCE PROCEDURE
11.1. A grievance is any complaint that management has violated a specific provision of
this Agreement, except that, in accordance with Article 10 above, discipline which
requires a Notice of Intent may not be reviewed under this Grievance Procedure.
11.2. A grievance may be brought to the attention of the District by an individual employee
within the Group or by the Group. The District may not bring a grievance through this
Page 4 of 31
procedure. Grievances brought by two (2) or more employees, and concerning the
same incident, issue, or course of conduct, or multiple grievances brought by the
same employee may, upon mutual agreement of the District and the Group, be
consolidated for the purposes of this procedure.
11.3. An employee may be self-represented or be represented by the Group at all steps of
the Grievance Procedure unless specifically agreed otherwise by the Group and the
employee. The District will provide a copy of all written grievance settlements to the
Group. Any reference to days in this article implies business days.
11.3.1. Step 1. An employee who has a complaint will attempt to resolve it with
his/her immediate supervisor within five (5) days of the occurrence of the
event giving rise to the complaint, or within five (5) days from the time that
the employee became aware of such event. The supervisor will attempt to
resolve the issues surrounding the complaint, and respond to the employee
within five (5) days.
11.3.2. Step 2. If the grievance is not settled informally at Step 1, it may be
submitted in writing to the employee's Department Head, or designee. This
request for formal review must be presented on a form provided by the
District within five (5) days of the conclusion of Step 1. A copy of each
written communication on a grievance shall be filed with the Assistant
General Manager, or designee. The written grievance must:
11.3.2.1. Identify the specific management act to be reviewed;
11.3.2.2. Specify how the employee was adversely affected;
11.3.2.3. List the specific provisions of the MOU that were allegedly
violated and state how they were violated;
11.3.2.4. Specify the remedy requested; and
11.3.2.5. Provide the date of attempts at informal resolution and the name
of the supervisor or individual involved.
11.3.3. The Department Head will respond in writing to the employee within ten (10)
days after the date the grievance is received.
11.3.4. Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to
the Assistant General Manager, or designee, for review and written
response. The request for formal review must be presented on a form
provided by the District within ten (10) days of the conclusion of Step 1 or 2,
and must contain the information specified in Step 2 above. A copy of each
written communication on a grievance shall be filed with the Assistant
General Manager, or designee. The Assistant General Manager, or
designee, will respond in writing to the employee within ten (10) days after
the date the grievance is received.
11.3.5. Step 4. If the grievance cannot be resolved under Step 3, it may be
presented to the General Manager within ten ( 10) days from the date the
Step 3 finding was issued. The General Manager, or designee, will respond
in writing to the employee within fifteen ( 15) days after the date the grievance
is received. The decision of the General Manager is final.
Page 5 of 31
11.4. General Provisions. An employee will be given reasonable time off without loss of
pay to present and process a grievance. If an employee is represented by the Group,
the Group may designate one (1) employee to present and process the grievance.
The employee representative will be given reasonable time off without loss of pay to
perform this responsibility. Absence from work will be approved only if it does not
cause disruption to District operations. However, if the time requested cannot be
provided, an alternate time will be arranged.
11.5. Failure of a supervisor, Department Head or other management representative to
respond within the appropriate time limit will provide a basis for the employee
appealing to the next step. If a grievance is not presented or appealed within the time
limits, it will be considered resolved on the basis of the preceding response. The
Human Resources Department may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists. Time limits may also be extended at
any step upon mutual agreement of the parties. The District agrees to meet face-to-
face with the employee at each step of the grievance procedure at the request of the
employee.
11.6. Resolution may be agreed upon at any stage of the grievance process. However, the
Group will be notified prior to the resolution of any formal grievance matter.
ARTICLE 12. -PROBLEM SOLVING PROCEDURE
12.1. Employees may bring problems to the attention of District managers through the
Problem Solving Procedure. This Procedure was developed to encourage and
facilitate the resolution of employee concerns in a responsive and fair manner, and
may be used to attempt to resolve issues that may not be subjected to the Grievance
Procedure. Any reference to days in this article implies business days.
12.2. Employees should discuss concerns regarding issues that are not grievable with their
supervisor as soon as possible. The supervisor will review the situation or decision,
and provide a written response within five (5) days from the date they were notified of
the problem.
12.3. If the problem is not resolved to the employee's satisfaction, the employee may file a
written statement concerning the problem with the Human Resources Department
within ten (10) days of receipt of the supervisor's decision. Upon request of either
party, a meeting will be held to define issues and establish the remedies sought. The
employee will be provided a written response within ten (10) days after his/her
statement is received. Time limits may be extended for cause upon mutual consent
of the parties, and the decision of the Human Resources Department is final.
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION
13.1. Each pay grade is divided into five (5) steps, with an approximate 5.0% difference
between each step.
13.2. Pay increases will only apply to eligible employees in an active payroll status on the
effective date of implementation. Eligible employees will not receive retroactivity if
active payroll status becomes effective after the date of implementation.
13.3. Merit Pay
13.3.1. Step Increase Pay -Group employees are eligible for Step Increase Pay
based upon receipt of year-end performance appraisal ratings issued by the
Page 6 of 31
assigned supervisor. Step Increase Pay will be paid according to the
following:
13.3.1.1. Eligible -Employees must have a proficient year-end performance
appraisal to receive a one ( 1) step base-building salary increase
until earning placement at step five (5).
13.3.1.2. Ineligible -Employees who are placed on a Performance
Improvement Plan (PIP) due to a needs improvement performance
review on the year-end appraisal or who are on a PIP at the time of
the year-end appraisal period will remain at their current step until
the PIP is satisfactorily completed.
13.4. Performance Management Program: The performance management program
includes two (2) rating categories (proficient and needs improvement) for
performance appraisals.
13.5. Development Pay-Employees under this Agreement are eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a
lump-sum amount each pay period. Employees must have a proficient year-end
performance appraisal to be eligible for the following Development Pay types:
13.5.1.
13.5.2.
13.5.3.
Education -Eligible employees who obtain or who have obtained a
graduate degree of approved subjects at an accredited college or
university will receive $62.29 per pay period. The maximum amount of
Education Pay is fixed at $62.29 per pay period.
Certification/License -Eligible employees who obtain or who have
obtained a District approved certification or license will receive $7.62 per
pay period per certificate or license with a maximum of three (3)
certificates and/or licenses. The maximum amount of certification/license
pay for any combination of certificates and/or licenses is fixed at $22.86
per pay period.
Grade V Pay -Employees who receive Grade V pay in accordance with
the applicable District policy are ineligible to receive Development Pay
for their Grade V California Wastewater Treatment Plant Operator
Certificate. Employees who possess a Grade V Certificate and do not
meet the criteria for Grade V Pay are eligible for Development Pay in
accordance with the Development Pay Program Guidelines.
13.6. The overall maximum Development Pay for education, certification and/or licenses is
fixed at $85.15 per pay period.
13.7. Employees who are placed on a PIP due to a needs improvement performance
review on the year-end performance appraisal are not eligible for Development Pay
until the PIP is satisfactorily completed.
13.8. Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13.9. Salary Range Adjustments
13.9.1. Effective the first pay period in July 2014, employees under this
Page 7 of 31
13.9.2.
Agreement will receive salary range adjustments at a flat rate of 2.0%.
Effective the first pay period in July 2015, employees under this
Agreement will receive salary range adjustments at a flat rate of 2.0%.
13.10. Investment Incentive Salary (llS)
13.10.1. An additional amount of 4% of base salary will be paid to employees
hired or promoted into the Group on or before October 16, 2003 in a
lump-sum amount each pay period. This provision continues to make
employees whole as a result of the Ventura decision. The above
percentages will not be counted toward base salary for the purpose of
salary surveys.
13.10.2. In addition, employees hired or promoted into the Group on or before
October 16, 2003 will be paid $1250 annually or $48.08 per pay period in
llS to further encourage savings and investment for retirement.
13.10.3. llS amounts are applied to annual, retirement, and termination leave
payouts for eligible employees.
ARTICLE 14. -SEVERANCE PAY
14.1. Employees are expected to give a minimum of two (2) weeks written notification
when terminating employment with the District. Except for disciplinary cause, when a
full-time employee is terminated by action of the District, the employee will be notified
in writing two (2) weeks prior to the effective separation date. The employee will be
entitled to severance pay in accordance with the formula set forth below:
14.1.1.
14.1.2.
Full-time, regular employees will be entitled to eight (8) hours pay for
each full calendar month of continuous employment not to exceed one
hundred sixty (160) hours pay.
Employees in limited term or part-time positions, probationary employees
and employees who are separated for cause are not eligible for
severance pay under any circumstances.
ARTICLE 15. -DEFERRED COMPENSATION
15.1. Employees may participate in the District approved deferred compensation plan,
subject to IRS requirements, and in accordance with all guidelines for voluntary
participation established by District management.
ARTICLE 16. -HOLIDAYS
16.1. The days listed below are observed by the District as holidays. Employees will
receive holiday pay if their entire scheduled work shifts immediately preceding and
following the holiday are in a paid payroll status, meaning the employee worked
those shifts or utilized paid time off in lieu of working those shifts. When an
employee's work schedule requires that they work on an observed holiday, the
employee will be paid at the employee's regular rate of pay for the holiday, and will
also receive pay at the rate of one and one half (1.5) times his/her regular hourly rate
for all hours actually worked. Employees may also elect to receive Holiday
Compensatory Time Off on an hour for hour basis rather than receive holiday pay.
When a holiday occurs on an employee's regular scheduled day off, the employee
Page 8 of 31
will accrue compensatory time off for the amount of hours normally scheduled for that
day. Employees with a compensatory time off balance in excess of fifty (50) hours as
of the last pay period ending in October will receive a mandatory payout for the hours
that exceed fifty (50).
Holidays
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday**
16.2. Floating Holiday: Employees may elect one (1) day during each year as a "Floating
Holiday." New employees shall be granted a "Floating Holiday" on a pro rata basis in
the first calendar year of service per the following table:
Hire Date Percent
15
' Quarter (January-March) 100%
2"u Quarter (April-June) 75%
3ru Quarter (July-September) 50%
4'" Quarter (October-December) 0%
16.3. Employees must use the "Floating Holiday" within the year it is granted. Every effort
will be made to approve an employee's request for a "Floating Holiday" off providing
sufficient notice is given.
16.4. Part-time employees are eligible for holiday benefits on a pro-rata basis as set forth
in applicable District Policy.
ARTICLE 17. -HOURS OF WORK
17.1. The work schedule for full-time employees will be eighty (80) hours per biweekly pay
period, normally scheduled in shifts of four (4) nine-9-hour days each week and one
Page 9 of 31
(1) additional 8-hour day on alternate weeks (9/80), four (4) ten 10-hour days each
week (8/80), or three (3) twelve 12-hour days each week and one (1) additional 8-
hour day on alternate weeks (7/80). However, with the approval of the employee's
supervisor, employees may be allowed to flex their schedule within the pay period
provided that the business needs, work flow, and customer service needs of the
District are met.
17.2. The District may, at its sole discretion, change an employee's work schedule with
thirty (30) days written notice to the affected employee, which may be waived by the
employee per written request.
17.2.1.
ARTICLE 18.
The 30-day notice will not be applicable if the change is a result of a
reasonable accommodation.
(This article intentionally left blank)
ARTICLE 19.
(This article intentionally left blank)
ARTICLE 20. -INSURANCE
20.1. The District will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following
date of hire, regardless of hire date. An open enrollment period will be held annually.
20.3. Medical Reopener The District and SPMG agree to reopen this Agreement in
February 2015 to discuss the transition to California State Association of Counties -
Excess Insurance Authority (CSAC-EIA), or to another carrier directly, and varied
plan design changes in order to mitigate excise taxation in 2018.
20.4. Medical Insurance
20.4.1. The District will provide health insurance coverage through a Health
Maintenance Organization (HMO) medical insurance plan and a
Preferred Provider Organization (PPO) medical insurance plan, until
such time that the parties agree to changes through the medical
reopener in Section 20.3.
20.5. Regular. full-time employees The District will contribute 90% of employee only
premiums for the HMO medical health plans and 80% of employee only premiums for
the PPO medical plan. The District will contribute 80% of the employee +1
dependent and full family premiums for the HMO or PPO medical plans. Any change
in insurance rates will be shared equally in same ratio as the District and employees
currently pay premiums. Before the renewal of any District sponsored health
insurance plan, the parties agree to meet and confer as to changes in the plan.
20.6. Regular. part-time employees Part-time employees are eligible for medical insurance
benefits on a pro-rata basis as set forth in the applicable District Policy.
Page 10 of 31
20.7. Group Insurance Premiums
20.7.1. Group insurance premiums that are paid by salary redirection can be
made on a pre-tax basis.
20.8. Life Insurance
20.8.1. The District will pay the full premium for $50,000 term life insurance on
each employee.
20.9. Short Term Disability
20.9.1. The District will provide a non-work related, short-term disability
indemnity plan that provides benefits for employees equal to the
maximum weekly amount provided through California's State Disability
Insurance (SDI) program for up to twenty-six (26) weeks following a
fourteen (14) calendar day waiting period.
20.10. Long Term Disability
20.10.1. The District will provide a non-work related, long-term disability indemnity
plan that pays two-thirds of the employee's rate of pay in effect at the
time of such disability, not to exceed $5,000 per month, following a 90-
day waiting period of continuous disability, at such time that an employee
completes five (5) years of service.
20.10.2. For participants age 64 and younger, the maximum period of payment is
based on the Social Security Act retirement age of 65. For participants
age 65 and older, the maximum period of payment is specified. The
specified periods and additional information about coverage is included
in OCSD's long term disability plan contract accessible on the intranet.
20.10.3. No combination of disability or sick leave pay will result in more than an
employee's regular rate of pay. Employees may not receive short-term
and long-term disability benefits at the same time. An employee who is
otherwise not eligible for District paid Long Term Disability may purchase
such coverage at their own expense.
20.11. Dental Insurance
20.11.1. The District will contribute 80% of employee only and full family
premiums for dental insurance.
20.12. Vision Insurance
20.12.1. The District will provide a vision insurance plan for regular, full-time
employees and eligible dependents. Part-time employees are eligible for
vision insurance benefits on a pro-rata basis as set forth in applicable
District Policy.
20.13. Retiring Employees
20.13.1. The District will pay, for employees hired prior to July 1, 1988, two and
one-half (2.5) months' premium for each year of continuous service of a
retiring employee towards the premium costs of coverage for the
Page 11 of 31
employee and eligible dependents under the District medical plan.
20.13.2. In the event the District adds additional optional insurance plans, the
District's share of the premium will be the same as for existing plans as
set forth above. In the event the District changes underwriters for existing
insurance plans, the District's share of the premium will be the same as
for existing insurance plans as set forth above.
20.13.3. The District will continue to implement the retiree medical health
premium offset program wherein the cost of health premiums are offset
by $10 per month for every year of continuous service up to a maximum
of 25 years or $250 per month.
ARTICLE 21. -REIMBURSEMENT ACCOUNT
21.1. Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars
to pay for their portion of the cost of benefits under the Plan through salary
redirection arrangements. The options available under the flexible benefits program
are listed below. This is a brief overview of the different options. For complete
information regarding Flexible Spending Accounts employees must refer to the plan
booklet available in the Human Resources Department.
21.2. Medical Reimbursement Account
21.2.1. The purpose of this account is to provide a method through which the
employee can accumulate pre-tax funds in a Medical Care
Reimbursement Account for purposes of reimbursing himself/herself for
payment of health care costs not otherwise covered by his/her medical
insurance.
21.3. Dependent Care Assistance Account
21.3.1. The purpose of this account is to provide a method through which the
employee can accumulate pre-tax funds in a Dependent Care Assistance
Account for purposes of reimbursing himself/herself for child care
expenses or day care for a disabled dependent
ARTICLE 22. -EXTRAORDINARY SERVICES COMPENSATION
22.1. Employees in the Group are exempt from the overtime provisions of the Fair Labor
Standards Act. However, when services are required beyond what is normally
expected of a position in this Group, employees will be eligible to receive additional
compensation for the performance of such extraordinary service, upon approval of
their Department Head or designee, as set forth below.
22.2. Operations Supervisors will be eligible to receive additional compensation at one and
one-half (1.5) times their regular rate of pay for the following extraordinary services:
work required by a major facilities failure or necessity to protect public health and
safety caused by an emergency declared as such by the General Manager or
designee; work, generally only in the Operations and Maintenance Divisions, which
becomes necessary to cover a regularly assigned shift which falls on an otherwise
non-work day or shift.
ARTICLE 23. -PROBATIONARY PERIOD
Page 12 of 31
23.1. All new employees serve an initial probationary period beginning with the date of hire
and extending to at least the first day of the pay period following twenty-six weeks of
employment without a break in service. Extended absence without pay, short-term
and long-term disability and Workers' Compensation leave does not provide an
opportunity to judge an employees' capability to meet performance expectations for a
position, and thus the time spent on such leaves will not be included towards
completion of the probationary period and may result in an extension.
23.2. Employees who are rehired following a break in service must complete a new
probationary period whether or not one was previously completed. An employee may
be released during his/her Probationary Period at the discretion of the District without
recourse to the Grievance Procedure.
23.3. Employees who are reassigned or laterally transferred will serve a probationary
period of twenty-six (26) weeks. The "probationary period" shall not divest an
employee of his/her property right in his/her former position. Rejection of probation
during this period shall result in the employee reverting to his/her former assignment
and/or position.
ARTICLE 24. -PROMOTIONS
24.1. A promotion is the appointment of an employee to another classification with a higher
maximum rate of pay. The District will determine whether a vacant position will be
filled as an open or promotional recruitment. Whenever the District intends to fill a
position by promotion, the District will post the opportunity for a minimum of ten (10)
business days. Employees must apply during the period of posting. Notices will be
posted on the District's intranet.
24.1.1. Prior to any determination whether to fill a vacant position externally, the
District will evaluate all internal applicants that meet the minimum
qualifications for the posted vacant position. In the event there exists at
least one (1) minimally qualified applicant, the District shall conduct an
internal recruitment.
24.2. A promoted employee will serve a promotional probationary period lasting at least
until the first day of the pay period twenty-six (26) weeks after the effective date of
the promotion.
24.3. At any time during the promotional probationary period, an employee may be
returned to his/her previous position. The promotional probation period may be
extended by mutual agreement between the employee and District management for
up to ninety (90) days.
24.4. If an employee is promoted during his/her initial probationary period, the period will
be extended until at least the first day of the pay period twenty-six (26) weeks after
the effective date of the promotion.
24.5. Promoted employees will receive the equivalent of a one (1) step increase in pay, not
to exceed the top of the range for the new classification or the minimum rate of the
new classification whichever is greater.
ARTICLE 25. -RETIREMENT
25.1. The District will continue participation in the Orange County Employees Retirement
System (OCERS), wherein all full-time employees and part-time employees
Page 13 of 31
scheduled to work twenty (20) hours per week or more are considered members.
The following retirement program is in effect pursuant to the contract between
OCERS and the District.
25.1.1.
25.1.2.
25.1.3.
25.1.4.
Employees hired prior to September 21. 1979: The District will continue
to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan
G) based on the highest consecutive twelve (12) months average
earnings, past and future service.
25.1.1.1. The District will continue to pay 4.5% towards the
employee's contribution to OCERS for those employees who
elected to make a one-time decision to remain in the Plan G
program.
Employees hired on or after September 21. 1979 and before October 1 .
2010: The District will continue to contract with OCERS to provide the
2.5% @ 55 benefit formula (Plan H) based on the highest consecutive
thirty-six (36) months average earnings, past and future service.
25.1.2.1. The District will continue to pay 3.5% of an eligible
employee's base salary towards the employee's contribution
to OCERS.
Employees hired on or after October 1. 2010 and before January 1.
2013: The District will contract with OCERS to provide the 1.667%@
57.5 benefit formula (Plan B) based on the highest consecutive thirty-six
(36) months average earnings, past and future service.
25.1.3.1. The District will pay 0% of an eligible employee's base salary
towards the employee's contributions to OCERS.
Employees hired on or after January 1. 2013: The District will contract
with OCERS to provide the 2.5% @ 67 benefit formula (Plan U -PEPRA)
based on the highest consecutive thirty-six (36) months average
earnings, past and future service.
25.1.4.1. The District will pay 0% of an eligible employee's base salary
towards the employee's contribution to OCERS.
25.2. All monies actually contributed into the retirement system by an employee will be
deducted from gross salary for taxation purposes in accordance with Internal
Revenue Code provisions.
ARTICLE 26. -SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of 50% or more of the
hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift will receive a
shift differential of $2.50 per hour.
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY
27.1. Vacation Leave
27.1.1. Except as otherwise provided, regular full-time employees accrue
vacation leave, beginning with the first day of employment, in
Page 14 of 31
27.1.2.
27.1.3.
27.1.4.
27.1.5.
27.2. Sick Leave
27.2.1.
accordance with the following schedule:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 5.85 152
In year 15 6.16 160
In year 16 6.46 168
In year 17 6.77 176
In year 18 7.08 184
In year 19 7.39 192
In year 20 and over 7.69 200
Part-time employees accrue vacation leave on a pro-rata basis as set
forth in applicable District Policy.
Vacation leave begins after an employee has completed twenty-six (26)
weeks of continuous service. After his/her first twenty-six (26) weeks of
service, his/her account will be credited with forty (40) hours. After that
time, they will accrue vacation hours consistent with the above chart.
Vacation leave may only be utilized in increments of one-half hour or
more. Vacation leave is accrued for all paid hours, including hours
actually worked and hours in a paid-leave payroll status.
When unpaid absences occur, vacation leave accruals will be applied by
straight proration of leave accruals based on the number of hours paid
within the pay period, and is applicable to all types of leave, whether
legally protected or not.
Annual Payoff. Employees may have a maximum accumulation of two
hundred (200) hours as of the last day of the final pay period in
December of each year. In the event an employee accrues vacation
leave in excess of two hundred (200) hours, it must be used prior to said
December date, all other remaining hours in excess of two hundred (200)
will be paid to the employee in the first pay period in January at the
employee's then current hourly rate of compensation.
Definition. Sick leave is an insurance or protection provided by the
District to be granted to employees in circumstances of adversity to
promote the health and welfare of the individual employee. It is not an
earned right to take time off from work. Sick leave is defined as the
absence from duty of an employee because of a bona fide illness, injury,
or pregnancy, or to attend to the illness or injury of a family member as
hereinafter defined. Temporary employees are not entitled to sick leave
benefits.
Page 15 of 31
27.2.2.
27.2.3.
27.2.4.
27.2.5.
27.2.6.
27.2.7.
27.2.8.
Method. -Sick Leave Accrual. Full-time employees hired prior to
November 27, 1981, accrue paid sick leave at the rate of three and one-
half (3.5) hours for each biweekly pay period of continuous service;
ninety-one (91) hours per year. Full-time employees hired on or after
November 27, 1981, accrue paid sick leave at the rate of three (3. 0)
hours for each biweekly pay period of continuous service; (seventy-eight
(78) hours per year), beginning with the first day of employment.
Part-time employees accrue sick leave on a pro-rata basis as set forth in
applicable District Policy.
When unpaid absences occur, sick leave accruals will be applied by
straight proration of leave accruals based on the number of hours paid
within the pay period, and is applicable to all types of leave, whether
legally protected or not.
Annual Payoff. Employees may elect annually to be paid for any unused
sick leave hours accrued through the end of October at their current
hourly rate according to the following payoff schedule.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
Employees who terminate for any reason other than retirement or death
will be compensated for any accrued and unused sick leave according to
the above schedule. Employees who retire or decease with twenty (20)
years or more of service will be paid at the one hundred percent ( 100%)
rate for all accrued and unused sick leave. Employees who retire or
decease with less than twenty (20) years of service will be paid at the
seventy-five percent (75%) rate for all accrued and unused sick leave.
Permissible Uses. Sick leave may be applied only to:
27.2.7.1. Absence due to illness, injury or pregnancy of an employee.
27.2.7.2. Absence due to medical and dental office appointments of an
employee when approved by the employee's supervisor.
27.2.7.3. Absence for the care of the employee's father, father-in-law,
mother, mother-in-law, brother, sister, husband, wife,
domestic partner, child, child of domestic partner,
grandparent, legal guardian, or family member with whom the
employee resides.
27.2. 7.4. Absence due to a job-related injury.
General Provisions. To qualify for sick leave pay, the employee must
notify the District at or in advance of the time the employee is scheduled
to report for duty. Minimum charge to the employee's sick leave account
Page 16 of 31
will be one-half (0.5) hour increments.
27.2.9. The Human Resources Department and Department management will
be responsible for controlling the abuse of the sick leave privilege. For
absences of ten (10) consecutive working days or more, a request for
leave and a medical statement, on prescribed forms, stating expected
date of return must be submitted to the Human Resources Department.
Upon return to work, a written doctor's release must be submitted to the
Human Resources Department. For absences of one (1) or more
working days in an unpaid status, a request for leave and a medical
statement, on prescribed forms, stating expected date of return must be
submitted to the Human Resources Department.
27.2.10. If the need for leave is due to the employee's serious health condition, as
defined in the Family and Medical Leave Act ("FMLA") or the California
Family Rights Act ("CFRA"), the certification requirement will comply with
the provisions of these Acts.
27.2.11. Sick Leave Incentive Plan. If the average sick leave usage of employees
in the Group is under forty (40) hours per year, calculated on annualized
actual time off from October to October, based on the last pay periods
ending in October, exclusive of catastrophic illness or injury requiring
absence in excess of two hundred (200) hours or industrial injury leave in
excess of eighty (80) hours, the annual payoff for unused sick leave will
be as follows:
Accrued Sick Leave Hours Rate of Payoff
0-100 15%
101 -240 45%
241 -560 60%
Over 560 (mandatory) 75%
27.3. Jury Duty Leave
27.3.1.
27.3.2.
27.3.3.
Any full-time, including probationary, employee who is called for jury duty
will be entitled to his/her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two (22) working
days.
Prior to jury duty service, employees must complete an on line time off
request form. To be entitled to receive regular pay for such jury leave,
employees must report for work during their regularly scheduled work
shift when they are relieved from jury duty service, unless there is less
than one-half(%) of a regular shift remaining. Employees are not
compensated for jury duty occurring on scheduled days off.
An employee serving jury duty must obtain an attendance slip from the
court to be submitted to his/her supervisor with his/her timesheet in order
to be eligible for regular pay for those hours of absence due to jury duty.
27.4. Witness Leave
Page 17 of 31
27.4.1.
27.4.2.
Any full-time, including probationary, employee, who is required to be
absent from work by a subpoena properly issued by a court, agency or
commission legally empowered to subpoena witnesses, which subpoena
compels his/her presence as a witness, except in a matter wherein
he/she is named as a defendant or plaintiff or as an expert witness, will,
upon approval of an online time off request, be entitled the time
necessary to comply with such subpoena. An employee's regular pay
will be reduced by the amount of witness leave pay received, exclusive
of mileage.
An employee so subpoenaed must submit a copy of the subpoena to
his/her supervisor and complete an online time off request form in order
to be eligible for pay for such absence. To be entitled to receive regular
pay for such witness leave, the employee must report for work at the
District for time not actually retained on witness service of one (1) hour or
more prior to and/or upon completion of each day's service, exclusive of
travel time.
27.5. Military Leave
27.5.1.
27.5.2.
A request for military leave will be made upon leave-of-absence forms
approved by the Human Resources Department and will state the date
when it is desired to begin the leave-of-absence and the date of
anticipated return. A copy of the orders requiring such military service will
be submitted with the request.
Provisions of the Military and Veterans Code of the State of California,
Sections 395-395.5 will govern military leave. In general, current law
provides that an employee having one (1) year or more service with a
public entity is entitled to military leave with pay not exceeding thirty (30)
days per year if the employee is engaged in military duty ordered for
purposes of active military training or encampment. An employee who is
required to attend scheduled service drill periods or perform other
inactive duty reserve obligations is entitled to military leave without pay,
not exceeding seventeen ( 17) calendar days per year, although the
employee may, at his or her option, elect to use vacation, administrative
leave, or personal leave time to attend the scheduled reserve drill
periods or to perform other inactive drill period obligations. Employees
who participate in weekend military drill duty are not eligible for leave
with pay for such activity, but may have their regular work schedule
changed to accommodate the required time off.
27.6. Bereavement Leave
27.6.1.
27.6.2.
Any full-time employee, whether probationary or regular, shall receive a
maximum of thirty-six (36) hours off with pay for the death or funeral of
an immediate family member. Immediate family member is defined as
the employee's father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, sister, step-sister, husband, wife,
domestic partner, biological child, adopted child, step-child, child of a
domestic partner, grandchild, grandparent, foster parent, foster child,
legal guardian, or any family member with whom the employee resides.
Employees must submit an online time off request form for approval by
their supervisor.
Part-time employees are eligible for bereavement leave on a pro-rata
Page 18 of 31
basis as set forth in applicable District Policy.
27.7. Administrative Leave
27.7.1.
27.7.2.
Effective the first pay period in July, regular full-time employees in the
Group shall be granted forty (40) hours of Administrative Leave.
Employees who are hired or promoted into the Group shall be granted
Administrative Leave on a pro-rata basis per the following schedule:
Hire Date Percent
July -September 100%
October -December 75%
January -March 50%
April -June 0%
Administrative Leave will be administered in accordance with the
following guidelines:
27.7.2.1. Administrative Leave may be used in one-quarter-(0.25) hour
increments
27.7.2.2. Any unused Administrative Leave, within the fiscal year
granted, will not be carried over to the next fiscal year.
27.7.2.3. Any unused Administrative Leave, within the fiscal year
granted, is not subject to cash out or eligible for any mandatory
payout.
27.7.2.4. Employees who cease to be part of the Group for any reason
will forfeit any unused Administrative Leave.
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of the District to grant employees leaves-of-absence without pay under
certain circumstances and in accordance with state and federal benefit entitlement
laws. Except as stated below, employees will not receive compensation during an
unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence
prior to exhausting all paid leave accrual balances, excluding employees protected
by POL (Pregnancy Disability Leave)/FMLA (Family and Medical Leave Act)/CFRA
(California Family Rights Act) for their own serious health condition.
28.2. Using the prescribed forms, approved by District management, any full-time,
including probationary, or part-time employees with at least fifty-two (52) weeks of
service and at least twelve hundred fifty (1,250) hours of service, may be granted an
FMLA or CFRA leave-of-absence without pay, not to exceed twelve (12) weeks in a
rolling twelve (12) month calendar period. A "rolling" twelve (12) month period is
measured backward from the date the employee uses the leave. A request for leave
of absence without pay must be made upon prescribed forms in all instances where
an employee is absent without pay for more than five (5) consecutive working days,
Page 19 of 31
or for absences of ten (10) working days or more when using paid sick leave
accruals.
28.3. Substitution of Paid Leave
28.3.1.
28.3.2.
Employees who request FMLA or CFRA Leave for qualifying purposes
other than the employee's own serious health condition will be required
to use all accruals before unpaid leave is granted.
Vacation, administrative leave or personal leave accruals may be used
for the care of the employee's father, step-father, father-in-law, mother,
step-mother, mother-in-law, brother, step-brother, sister, step-sister,
husband, wife, domestic partner, biological child, adopted child, step-
child, foster child, legal ward, child of a domestic partner, grandchild,
grandparent, foster parent, legal guardian, or any family member with
whom the employee resides.
28.4. Permissible Uses
28.4.1.
28.4.2.
FMLA Leave. FMLA leave may be used for:
28.4.1.1. The birth of a child or to care for a newborn of an employee;
28.4.1.2. The placement of a child with an employee in connection with
the adoption or foster care of a child;
28.4.1.3. The care for the employee's father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother,
sister, step-sister, husband, wife, biological child, adopted
child, step-child, foster child, legal ward, child of a domestic
partner, grandchild, grandparent, foster parent, legal guardian,
or any family member with whom the employee resides, who
has a serious health condition, as defined in the Act;
28.4.1.4. The employee's own serious health condition that renders the
employee unable to perform the essential functions of his or
her position, including incapacity due to pregnancy;
28.4.1.5. A qualifying exigency arising out of the fact that an employee's
family member is on covered active duty or called to covered
active duty status in the Armed Forces. A qualifying exigency
may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of
the service member, or attending to farewell or arrival
arrangements for the service member;
28.4.1.6. The care for the employee's family member or "next of kin"
service member of the United States Armed Forces who has a
serious injury or illness incurred in the line of duty while on
active military duty. This leave may consist of up to 26 weeks
of unpaid leave during a single 12-month period.
CFRA Leave CFRA Leave may be used for:
28.4.2.1. The same purposes as FMLA Leave, including the care of a
Page 20 of 31
domestic partner or child of a domestic partner, and will run
concurrently with FMLA leave.
28.4.2.2. CFRA Leave may not be used for 1) an employee's incapacity
due to pregnancy , 2) leave due to a qualifying exigency, or 3)
to care for a family member or next of kin with a serious injury
or illness incurred in the line of duty. However, incapacity due
to pregnancy may entitle an employee to up to four (4) months
of pregnancy disability leave under California's Pregnancy
Disability Leave (PDL) law.
28.5. General Provisions
28.5.1.
28.5.2.
28.5.3.
28.5.4.
28.5.5.
Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable, the District requests
thirty (30) days advance notice.
Medical Certification
28.5.2.1. As a condition of FMLA or CFRA Leave because of a serious
health condition, the District may require certification by the
employee's attending physician in accordance with the
Department of Labor (DOL) regulations.
Medical and Dental Premiums
28.5.3.1. During FMLA and CFRA Leave, the District will pay for medical
and dental benefits at the same level as coverage would have
been provided if the employee was not on leave. The
employee will be required to pay his or her share of medical
and dental premiums. Failure to submit a monthly co-payment,
in full, within forty-five (45) days of the invoice date will result in
loss of group coverage. Coverage will be reinstated upon
return to active employment.
Reinstatement
28.5.4.1. Upon expiration of FMLA or CFRA Leave, the employee will be
reinstated to the same or a comparable position unless the
employee would not otherwise have been entitled to that
position for reasons unrelated to such leave (e.g., lay-off), in
which case the District's obligation to continue health and
dental or other benefits will cease.
District Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave Married employees will be limited to a combined
total of twelve (12) weeks FMLA or CFRA Leave in a rolling
twelve (12) month calendar period for the care of a parent or
newly born or placed child.
28.5.5.2. CFRA Leave Married employees and employees in domestic
partnerships will be limited to a combined total of twelve (12)
weeks CFRA Leave in a rolling twelve (12) month calendar
Page 21 of 31
28.5.6.
28.5.7.
period for the care of a parent or newly born or placed child.
General Leave
28.5.6.1. Employees who have exhausted all paid time off accruals may
request to be granted a general leave-of-absence by District
management to attend to personal matters, or for FMLA or
CFRA qualifying events after the expirations of previously
authorized leave.
28.5.6.2. During a general leave-of-absence, the employee will be
required to pay both the District's and the employee's share of
medical and dental premiums.
28.5.6.3. Failure to submit a monthly co-payment, in full, within forty-five
(45) days of the invoice date will result in loss of group
coverage. Coverage will be reinstated upon return to active
employment.
Return to Work Policy
28.5.7.1. An employee who has been absent from work due to a
medical reason may be subject to a Return-to-Work medical
evaluation.
28.5. 7.2. If it is determined that the job demands of the position last held
by the employee are not compatible with the employee's
restrictions (with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA) and the
employee is willing to return to work, placement in an
alternative position, if available, will be considered. The
employee will be re-classified as medically disqualified while
alternative positions are being considered. Such time off will
be without pay; however, the employee may elect to use
accrued leave hours, such as vacation, sick or personal, to
receive compensation. Placement of an employee in an
alternative position requires a pre-placement medical
evaluation for the alternative job.
28.5. 7.3. If it is determined that the job demands of the position last held
by the employee are not compatible with the employee's
restrictions (and cannot be reasonably accommodated if the
employee is disabled within the meaning of ADA/FEHA) and
there is not an alternative position, or the employee's
restrictions are not compatible with an alternative position, or
the employee is not willing to return to work, the employee will
be re-classified as medically disqualified and not permitted to
work. Thereafter, the employee will be retired for disability, if
eligible, or dismissed. Such dismissal will not imply
disciplinary action for cause. If requested, the employee's file
will indicate the employee left for personal reasons.
28.5.8. Bridge of Service
28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is
Page 22 of 31
rehired to a position within the District within one (1) year, the
District will bridge the employee's service date. Bridging of
service procedures involve adding the total number of days
away from work to the employee's original date of hire.
28.5.9. Failure to Return to Work
28.5.10.
28.5.9.1. If, upon the expiration of FMLA or CFRA Leave, or any District-
approved extension thereof including General Leave, an
employee fails to return to work and no additional leave has
been authorized, the employee will be considered to have
automatically resigned from his/her position. In such cases, the
employee will receive advance notification of the District's
intent to implement an automatic resignation.
Compliance with Law
28.5.10.1. These Leave-of-Absence provisions will be interpreted and
applied in a manner that is consistent with the provisions of
FMLA, CFRA, ADA and all other laws. In the event there is a
direct conflict between these provisions, as written or applied,
the provisions of law will govern.
ARTICLE 29. -CLASSIFICATION STUDIES
29.1. OCSD will include a representative from the Supervisor Group and the Professional
Group to participate as a partner in the agency-wide classification and compensation
study. Implementation of the classification and compensation study will be subject to
meet and confer.
29.2. An employee who believes his/her position is not properly classified may submit a
written request to the Department Head asking that a classification study be
conducted. The Department Head will acknowledge the request in writing and review
the request for accuracy, and forward it to the Human Resources Department for
consideration and response. Classification studies will only be conducted twice a
year in November and during the budget process; therefore, classification study
requests shall be submitted October 181 for the November review and according to
the Finance budget schedule which normally requests all information by the end of
February. District management may also conduct classification studies at their
discretion to ensure that the duties and responsibilities of all employees are
appropriately allocated within the classification structure.
29.2.1.
29.3. Y-Rating
29.3.1.
All classification study findings regarding existing classifications are
subject to approval by the General Manager; findings recommending a
new job classification range are subject to approval by the District's
Board of Directors. The recommendations of the classification study will
be implemented in the first pay period immediately following the
completion of the study unless the recommendations require action to be
taken by the Board of Directors prior to implementation. In such event,
the recommendations will be implemented in the first pay period
immediately following authorization by the Board.
In the event the duties and responsibilities of a position are allocated to a
Page 23 of 31
29.3.2.
29.3.3.
lower paid classification, the salary of the incumbent of that position will
remain unchanged.
Y-rating will be granted for all reclassifications where employees are
working in a job classification with a lower maximum rate of pay resulting
from changes to the District's staffing requirements, organizational
structure or "bumping" associated with layoffs. Y-rating shall not apply in
cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay (unless otherwise
authorized by the General Manager).
The Y-rate will remain in effect until the salary range for the new
classification equals or exceeds the employee's Y-rated salary.
Employees become eligible for merit increases and range adjustments
when the Y-rate is no longer in effect.
ARTICLE 30. -DRIVER'S LICENSE
30.1. Employees who are required by the District to drive must notify their supervisor and
the Risk Management Division immediately upon receipt of any suspension or
revocation of their California Driver's License privileges. Failure to do so could result
in disciplinary action up to and including separation.
30.2. If an employee whose license is suspended or revoked and is unable to perform
his/her regular duties and responsibilities notifies the District in a timely fashion, an
attempt will be made to place the employee in an equal or lower level position for
which he/she is qualified. Placement in the range of the new classification is subject
to District's management discretion.
30.3. The District will continue to pay the license renewals and physical examination costs
of Class A and B licenses that are specifically required by the District.
ARTICLE 31. -LAYOFF PROCEDURE
31.1. If, in the sole discretion of District's management, personnel reductions are
necessary, layoff order and recall lists will be developed based upon job
classification, priority of function, job performance, individual qualifications and
seniority. The Group and employees subject to lay off will be provided with at least
two (2) weeks notification in writing whenever possible.
31.2. Employees in classifications subject to layoff may request a voluntary demotion to
any previously held position for which they remain qualified. Such request must be
made in writing to the Human Resources Department within five (5) days of receipt of
the Layoff Notice. The salary of an employee who voluntarily demotes will be
unchanged, except that it may not exceed the top step of the range for the lower level
classification.
31.3. Recall lists will be developed for all classifications experiencing personnel reductions,
and will be maintained for a period of two (2) years from the date of layoff. Individuals
will be placed on the list in the inverse order of layoff, so that the last person laid off is
the first recalled. When a vacancy occurs in a classification for which a Recall list
exists, an offer of reemployment will be made to the individual on the top of the list.
That individual must respond to the offer within five (5) days, or the offer will be made
to the next person on the list. An individual who either does not respond or refuses
three (3) consecutive offers will have his/her name removed from the list.
Page 24 of 31
31.4. All notification and responses must be in writing and delivered either in person or by
Certified Mail. It is the responsibility of all employees to keep the Human Resources
Department informed of their current address, or where they may be contacted.
ARTICLE 32. -LIGHT DUTY
32.1. An employee who is released by a physician to perform limited duties because of a
temporary disability may be assigned to light duty at the discretion of the District.
Light duty may consist of duties other than those normally performed by the
employee and that are within the employee's medical restrictions. An employee
assigned to light duty will be paid the regular wage rate for the job classification to
which he or she was assigned prior to being temporarily disabled.
ARTICLE 33. -MEDICAL EXAMINATION
33. 1. When there is reasonable evidence to suggest that an employee is impaired in a
manner that endangers his/her own health or safety, or that of others, the District
may require that employee to be examined or evaluated by a health care provider.
The purpose of such examination must be job related. Any examination under this
provision will be conducted on District time and at District expense. An employee
may submit an independent medical opinion regarding his/her condition and
addressing his/her ability to competently perform the duties of the position. This
information will be reviewed and considered by a competent medical authority in
arriving at a decision regarding the individual's continued employment in the position.
ARTICLE 34. -MILEAGE ALLOWANCE
34.1. Approved use of a personal vehicle for District business will be reimbursed at the
current IRS rate.
ARTICLE 35. -ACTING PAY
35.1. Employees who are assigned by District management to perform the duties of an
open, budgeted position at a higher level for a period of at least one hundred (100)
consecutive hours will be eligible for a one ( 1) step salary increase, or the first step of
the range for the higher level classification, whichever is greater. The higher rate of
pay begins with the 101 st hour, and continues until the assignment ends or the six
(6) month limitation has been reached at which time a determination will be made as
to whether the position should or should not be posted. Requests for acting pay
require the approval of the Department Head and the Human Resources Department.
The one hundred (100)-hour eligibility period may be waived at the discretion of the
General Manager.
ARTICLE 36.
(This article intentionally left blank.)
ARTICLE 37. -PERSONNEL FILES
37.1. Employees have the right to inspect their Personnel File in the Human Resources
Department during the normal office hours of the Human Resources Department by
appointment. Employees who wish to correct allegedly erroneous information in their
file, or request that items related to disciplinary matters be removed after the
indicated time period has elapsed, should submit a request in writing to the Human
Page 25 of 31
Resources Department. It is the responsibility of each employee to keep the personal
information in his/her files current, including home address, telephone number and
person to contact in an emergency.
ARTICLE 38. -BULLETIN BOARDS
38.1. The Group may use the bulletin boards located at Plant 1 and Plant 2 which are
designated for use by employee Groups to post notices to District employees
provided that: (a) no controversial matter which is critical or derogatory of the District,
its employees, officers or Directors may be posted; (b) nothing posted by the District
may be removed; (c) the Group will remove its notices after a reasonable length of
time; and (d) only a reasonable number of notices will be posted.
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1. A maximum of three (3) employees covered by this Agreement and appointed by the
Group will be granted reasonable release time for attending meet and confer
sessions at the bargaining table. Release time will not be compensated for any
hours that exceed the employee's regularly scheduled hours of work.
39.2. The Group will provide the Human Resources Department with the names of
employees requiring meet and confer release time in advance of the meet and confer
session. The release time will be granted provided that the needs of the District
permit the time away from assigned work.
ARTICLE 40. -USE OF DISTRICT FACILITIES
40.1. District facilities may be used by the Group with prior notice to the Human Resources
Department for the purpose of holding meetings, to the extent that such use does not
interfere with normal District operations. The Group agrees to pay for the cost of any
additional custodial or security services.
ARTICLE 41. -SCOPE OF BARGAINING
41.1. The District and the Group acknowledge that during the negotiations which resulted
in this Agreement, each party had the unlimited right and opportunity to make
demands and proposals with respect to all proper subjects within the scope of
representation. Therefore, the District and the Group, for the term of this Agreement,
except as otherwise provided herein, each voluntarily and unqualifiedly waive the
right, and each agrees that the other will not be obligated to bargain collectively with
respect to any subject or matter contained in this Agreement.
ARTICLE 42. -IMPASSE PROCEDURES
42.1. If either the District or Group declares that an impasse exists in the meet and confer
process, the party so declaring may initiate the impasse procedure by providing the
other party with a written request for an impasse meeting, together with a statement
of its position on all issues. An impasse meeting will be scheduled and held between
the parties within fourteen (14) calendar days or as soon as practicable to:
42.1.1. Review the position of the parties in a final effort to reach agreement on
a memorandum of understanding, and if the impasse is not resolved, to
discuss the immediate utilization of impasse procedures outlined herein.
Page 26 of 31
42.2. Impasse Procedures are:
42.2.1.
42.2.2.
42.2.3.
Mediation: If the parties mutually agree to submit the dispute to the State
Mediator and Conciliation Service all mediation proceedings will be
private and as soon as practicable. The mediator will make no public
recommendation, nor take any public position at any time concerning the
issues.
Fact-Finding: Whether the parties submit the dispute to mediation or not,
the Group may request that the parties' differences be submitted to a
factfinding panel as soon as practicable. The cost of a fact finder and
other mutually incurred costs will be mutually shared by the District and
Group.
Board Actions: If the parties fail to resolve the impasse, the dispute will
be sent to the District Board of Directors for resolution. Each party will
submit its written proposal on all issues to the Board. The Board may
take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse will
be final and binding.
ARTICLE 43. -SEVERABILITY
43.1. Notwithstanding any other provisions in this Agreement, in the event that any article,
section or subsection of this Agreement will be declared invalid by any court or by
any state or federal law or regulation, or should a decision by any court or any state
or federal law or regulation diminish the benefits provided by this Agreement, or
impose additional obligations on the District, the District and the Group will meet and
confer on the affected article, section or subsection. In such event, all other articles,
sections or subsections of this Agreement not affected will continue in full force and
effect.
ARTICLE 44. -UNIFORMS
44.1. The District will provide and maintain ten (10) uniform pants and shirts, which may
include the name of the employee and District seal, at no cost to employees whose
duties require that they wear uniforms. The District will also provide lab coats as
required by the lab manager.
44.2. All employees who are issued uniforms must wear them during the performance of
their regular duties. Other clothing appropriate to the occasion, as determined by
District management, may be worn when attending business meetings. Failure to
wear required clothing, shoes and safety equipment may be cause for disciplinary
action.
ARTICLE 45. -SUBSTANCE ABUSE POLICY
45.1. The District's Substance Abuse Policy will apply to all Group members. The District
and the Group agree to meet and confer for any proposed revisions to the policy. The
District may adopt or implement rules, regulations and policies to be in compliance
with federal and state laws. In such cases, notification will be provided to the Group
prior to implementation.
45.2. Department of Transportation (DOT) Regulations
Page 27 of 31
45.2.1. Every driver who operates a commercial motor vehicle in interstate or
intrastate commerce, and is subject to the commercial driver's license
requirements of the Department of Transportation, Federal Highway
Administration CFR Part 382 is subject to the District's Anti-Drug and
Alcohol Program. The District will ensure that all alcohol or controlled
substances testing conducted under the Substance Abuse and Alcohol
Misuse Plan complies with the procedures set forth in CFR Part 40.
45.3. District's Substance Abuse Policy:
45.3.1. Any employee may be subject to discipline, up to and including
termination, for any alcohol screen test that indicates an alcohol
concentration level of 0.02% or greater.
ARTICLE 46. -DUES DEDUCTIONS
46.1. At monthly orientation meetings for new employees, a Group informational packet will
be provided to those employees holding Group-represented positions. The
informational packet will include Group contact information, a Group Payroll
Deduction Authorization Form, and a transmittal indicating:
46.1.1.
46.1.2.
46.1.3.
46.1.4.
Management representatives will not encourage or discourage Group
membership participation;
The employee belongs to a classification represented by the Group;
The Group is the exclusive recognized employee organization for all
employees in the Group; and
The employee may complete the Group Payroll Deduction Authorization
Form and submit it to the Human Resources Department if he/she would
like to join the group.
46.2. The District will deduct from each regular paycheck and remit to Group the dues,
initiation fees and assessments for each employee who voluntarily authorizes such
deduction in writing. Such authorizations must be filed by the end of the pay period
prior to the period for which the deduction is requested.
46.3. The District will provide the Group a quarterly list of the names of those employees
for whom it has made deductions. In addition, the District will provide the names of
new employees and the names of employees who have terminated within the
reporting period.
ARTICLE 47. -MAINTENANCE OF MEMBERSHIP
47.1. All employees who, on July 4, 1997, are members of the Group, or who thereafter
become members of the Group, shall remain members of the Group, except that any
employee may withdraw his/her membership by written notice to the Group and the
District during the ten day period between ninety (90) and one hundred (100) days
preceding the expiration of this agreement.
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES
48.1. During the term of this Memorandum, or any subsequent period when impasse
Page 28 of 31
resolution procedures are in progress or recommendations resulting from such
procedures are being considered by the parties, the District agrees it will not lockout
employees in this Group, and Group agrees that it will neither advocate, encourage
or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whole or in part from the full, faithful and proper
performance of their duties of employment.
ARTICLE 49.
(This article intentionally left blank)
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1. The District's Workplace Violence and Weapons Policy will apply to all Group
members. The District and the Group agree to meet and confer for any proposed
revisions to the policy.
ARTICLE 51. -RESIGNATION
51.1. Voluntary written resignation of employment with the District is irrevocable after
seventy-two (72) hours from the District's receipt of the resignation except by
approval of the Human Resources Department.
ARTICLE 52.
(This article intentionally left blank)
Page 29 of 31
SIGNATURE PAGE
2013-2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
EMPLOYEES OF THE SUPERVISOR GROUP
Executed : Ma.rcn 9 ~O \ 5
SUPERVISOR GROUP
A
C~rvell ~ring Supervisor
4~~~
Robert P. Ghirelli, Assis~
au, Principal Human Resources
·~ ~an Resources Analyst
Page 30 of 31
APPENDIX A
Medical Insurance Plan Design Components 1'2
CURRENT STATE -SUBJECT TO CHANGE PENDING MEDICAL REOPENER
Deductible $150 I $450
.,
Annual Out-of-
Pocket Max/Member
Annual Out-of-
Pocket Max/Family
Major Medici:ll
Physician Office Visit
Specialist Office Visit
Preventive Care
Inpatient Hospitalization
Outpatient Hospitalization
Emergency Room
Infertility Benefits
Chiropractic
Opt-Out from Plan
Prescriptloti Drugs
Retail
Mail Order
$2,000 $3,000
$4,000 $6,000
$15/Visit 30%
$15/Visit 30%
No Charge 30%
10% 30% + $500
10% 30%
$100 I Visit
(waived if admitted)
Excluded from Plan
$15 I Visit
(30
visits/year)
30%
(30 visits/year)
Yes
· 6er1~a~/~r~lld/ .· '· '
· Non-Formularv
$5 I $20 I $35
(30-day supply)
$5 I $40 I $70
(90-day supply)
None
$1,500
$3,000
$15 /Visit
$15 /Visit
No Charge
$100Admit
$50 Surgery Admit
$100 I Visit
(waived if admitted)
Status Quo
$10 I Visit
(30 visits/year)
Yes
''.G~ri~H~/ a~~nd/
· ..... Nbh~Forn1u1ai-v
$5 I $20 I $35
(30-day supply)
$5 I $40 I $70
(90-day supply)
1 Plan Design Components subject to change pending the upcoming medical reopener.
2 Plan Design Components will include any applicable mandated legislative changes.
Page 31of31
··'·· '1· KaiSer , -~ :·.-·
''· .. '/'.:·'"'
None
$1,500
$3,000
$15/ Visit
$15/ Visit
No Charge
$100 Admit
$15 Co-pay
(per procedure)
$100 I Visit
(waived if admitted)
Status Quo
$10 /Visit
(30 visits/year)
Yes
,. ~ ' :: ' <.,; ' ' ; > './ / '
Generi~/Brand <' ..
-~ ;:
$5 I $20
(100-day supply)
N/A