HomeMy WebLinkAboutOCSD 15-04RESOLUTION NO. OCSD 15-04
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
ORANGE COUNTY EMPLOYEES ASSOCIATION, FOR
FISCAL YEARS 2014/2015 & 2015/2016.
WHEREAS, on July 27, 2011, 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 Orange County Employees Association (referred
hereinafter as "OCEA"), regarding salaries, benefits and terms and conditions of
employment for the period July 1, 2011 through June 30, 2014 ("2011 MOUs").
WHEREAS, pursuant to Government Code Section 3500, et seq.,
representatives of OCEA 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;
WHEREAS, at the beginning of negotiations the parties agreed that any salary
changes would take effect retroactively to July 11, 2014, the first pay period in the
current fiscal year; and
WHEREAS, the parties have modified the 2011 MOUs between the District and
OCEA to reflect the parties' understanding regarding certain terms and conditions,
which include:
• Duration of the MOUs have been modified and will be for a 2-year term
commencing July 1, 2014 and terminating June 30, 2016, as reflected in the
Cover Page and Article 1 and 2 of the MO Us:
• Salary Adjustments and Compensation has been modified as set forth below and
as reflected in Article 13 of the MO Us:
o Year 1 -2.0% Salary Increase, retroactive to the first pay period of July
2014.
o Year 2 -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.
• Insurance has been modified as set forth below and as reflected in Article 20 of
the MOUs:
OCSD 15-04-1
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.
• Retirement has been modified as set forth below and as reflected in Article 25 of
the MOUs:
o 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. The District will pay 0% of an eligible employee's
base salary towards the employee's contribution to OCERS.
• Leave of Absence with Pay has been modified as set forth below and as
reflected in Article 27 of the MO Us:
o Part-time employees accrue vacation leave and sick leave on a pro-rata
basis as set forth in District Policy.
o When unpaid absences occur, vacation leave and sick leave accruals will
be applied by straight proration of leave accruals based on the number of
hours actually worked, and is applicable to all types of leave, whether
legally protected or not.
• Classification Studies has been modified as set forth below and as reflected in
Article 29 of the MOUs:
o OCSD will include a representative from OCEA to participate as a partner
in the agency-wide Classification & Compensation study; minor
administrative changes.
• Labor Management Committee has been added as set forth below and as
reflected in Article 53 of the MO Us:
o Orange County Employees Association (OCEA) and the Orange County
Sanitation District (OCSD) hereby agree to meet within two (2) months,
from the OCSD Board approval of this MOU, to discuss the structure and
process of a Labor Management Committee at OCSD. Absent mutual
agreement regarding the structure and process of a Labor Management
Committee, the parties will defer discussions to the time when a successor
MOU is raised.
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 OCEA for the
contract period of July 1, 2014 through June 30, 2016 as outlined herein are hereby
approved.
OCSD 15-04-2
Section 2. The General Manager is authorized to sign the Memoranda of
Understanding with OCEA for the period of July 1, 2014 through June 30, 2016, in a
form approved by General Counsel.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
February 25, 2015 .
ATIEST:
a-
Tom Beamish,
Chairman of the Board
OCSD 15-04-3
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
I, Kelly Lore, Acting Clerk of the Board of Directors of the Orange County
Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 15-04 was
passed and adopted at a regular meeting of said Board on the 25th day of February,
2015, by the following vote, to wit:
AYES: Beamish; Choi ; Curry; Ferryman; Jones; Kiley; Kring; R.
Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn;
Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc
NOES: Kim; Mills; and T. Smith
ABSTENTIONS: Massa-Lavitt (Alternate)
ABSENT: Bartlett; Diep and Parker
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Orange County Sanitation District this 25th day of February, 2015.
Kell y Lor,
Act i/l g Cl ~ of the Board of Directors
Orange County Sanitation District
OCSD 15-04-4
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
ARTICLE 1. -RECOGNITION ................................................................................................................................ 1
ARTICLE 2. -DURATION ....................................................................................................................................... 1
ARTICLE 3. -SUCCESSOR AGREEMENT ........................................................................................................... 1
ARTICLE 4. -OCEA ACCESS ............................................................................................................................... 1
ARTICLE 5. -OCEA RIGHTS ................................................................................................................................. 2
ARTICLE 6. -DISTRICT RIGHTS ......................................................................................................................... 2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT .................................................................................... 2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT ......................................................................................... 2
ARTICLE 9. -SAFETY ........................................................................................................................................... 2
ARTICLE 10. -DISCIPLINE AND DISMISSAL ...................................................................................................... 3
ARTICLE 11. -GRIEVANCE PROCEDURE .......................................................................................................... 4
ARTICLE 12. -PROBLEM SOLVING PROCEDURE ............................................................................................ 5
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION ..................................................................... 5
ARTICLE 14. -SEVERANCE PAY ......................................................................................................................... 6
ARTICLE 15. -DEFERRED COMPENSATION ..................................................................................................... 7
ARTICLE 16. -HOLIDAYS ..................................................................................................................................... 7
ARTICLE 17. -HOURS OF WORK ....................................................................................................................... 8
ARTICLE 18. -CALL-BACK PAY .......................................•.............•....•.....•••..............................•.................•.••... 8
ARTICLE 19. -STANDBY PAY .............................................................................................................................. 8
ARTICLE 20. -INSURANCE ................................................................................................................................. 8
20.4 MEDICAL INSURANCE ................................................................................................................................ 8
20.5 LIFE INSURANCE ................................................................. ············ ....... ····················· .............................. 9
20.6 SHORT TERM DISABILITY .......................................................................................................................... 9
20. 7 LONG TERM DISABILITY ............................................................................................................................ 9
20.8 DENTAL INSURANCE ................................................................................................................................. 9
20.9 VISION INSURANCE ................................................................................................................................... 9
20.10 RETIRING EMPLOYEES .............................................................................................................................. 9
ARTICLE 21. -REIMBURSEMENT ACCOUNT .................................................................................................. 10
21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 10
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 10
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 10
ARTICLE 22. -OVERTIME .....•....•.....••.•.....••...••................•.•••....•..........•......•••....••..................•......•.....•.••.......••... 10
ARTICLE 23. -PROBATIONARY PERIOD .......................•.•••....•...•.•....••....••••...........................•.•..•...............••.. 10
ARTICLE 24. -PROMOTIONS ............................................................................................................................. 11
ARTICLE 25. -RETIREMENT .............................................................................................................................. 11
ARTICLE 26. -SHIFT DIFFERENTIAL ................................................................................................................ 12
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 12
27.1 VACATION LEAVE ................................................................................................................................... 12
27.2 SICK LEAVE ........................................................................................................................................... 12
27.3 JURY DUTY LEAVE .................................................................................................................................. 14
27.4 WITNESS LEAVE ..................................................................................................................................... 14
27.5 MILITARY LEAVE ..................................................................................................................................... 14
27.6 BEREAVEMENT LEAVE ............................................................................................................................ 14
27.7 SUPPLEMENTAL LEAVE ........................................................................................................................... 15
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY ...................................................................................... 15
28.3 SUBSTITUTION OF PAID LEAVE ................................................................................................................ 16
28.4 PERMISSIBLE USES ................................................................................................................................ 16
28.5 GENERAL LEAVE .................................................................................................................................... 17
28.6 RETURN TO WORK POLICY ..................................................................................................................... 17
28. 7 COMPLIANCE WITH LAW .......................................................................................................................... 18
ARTICLE 29. -CLASSIFICATION STUDIES ....................................................................................................... 18
ARTICLE 30. -DRIVER'S LICENSE .................................................................................................................... 19
ARTICLE 31. -LAYOFF PROCEDURE ............................................................................................................... 19
ARTICLE 32. -LIGHT DUTY ................................................................................................................................ 20
ARTICLE 33. -MEDICAL EXAMINATION ........................................................................................................... 20
ARTICLE 34. -MILEAGE ALLOWANCE ............................................................................................................. 20
ARTICLE 35. -ACTING PAY ............................................................................................................................... 20
ARTICLE 36 .......................................................................................................................................................... 20
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page i
ARTICLE 37. -PERSONNEL FILES .................................................................................................................... 20
ARTICLE 38. -BULLETIN BOARDS .................................................................................................................. 21
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS .......................................................... 21
ARTICLE 40. -USE OF DISTRICT FACILITIES .................................................................................................. 21
ARTICLE 41. -SCOPE OF BARGAINING ........................................................................................................... 21
ARTICLE 42. -IMPASSE PROCEDURES ........................................................................................................... 21
ARTICLE 43. -SEVERABILITY ........................................................................................................................... 22
ARTICLE 44. -UNIFORMS .................................................................................................................................. 22
ARTICLE 45. -SUBSTANCE ABUSE POLICY ................................................................................................... 22
ARTICLE 46. -DUES DEDUCTIONS ................................................................................................................... 22
ARTICLE 47 .......................................................................................................................................................... 22
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES ................................................................................ 23
ARTICLE 49 .......................................................................................................................................................... 23
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY ............................................................... 23
ARTICLE 51. -RESIGNATION ............................................................................................................................ 23
ARTICLE 52 .......................................................................................................................................................... 23
ARTICLE 53. -LABOR MANAGEMENT COMMITTEE ....................................................................................... 23
SIGNATURE PAGE .............................................................................................................................................. 24
EXHIBIT A ............................................................................................................................................................. 25
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page ii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
In accordance with the provisions of California Government Code Sections 3500, et seq., and Resolution No. 75-127
of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with
representatives of the Orange County Employees Association (OCEA) for the Administrative and Clerical Unit. These
meetings have resulted in an agreement and understanding to recommend that the employees represented by
OCEA 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 OCEA as set forth in
this Agreement.
ARTICLE 1. -RECOGNITION
1.1 This Agreement, effective July 1, 2014, is entered into between the Orange County Sanitation District,
referred to hereinafter as the "District," and the Orange County Employees Association, referred to
hereinafter as "OCEA."
1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee
organization for matters within the scope of representation for the following classifications, as set forth in
Exhibit "A" (attached hereto and incorporated by reference), as well as additional classes as may be
added hereafter by the District.
ARTICLE 2. -DURATION
2.1 This Agreement shall be binding on the District and OCEA when approved and adopted by the District's
Board of Directors. This Agreement shall terminate on June 30, 2016. This Agreement shall act as a bar
to the raising of the question of representation during its term, except that the question of representation
may be raised during the period between sixty (60) and ninety (90) days prior to its expiration.
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement prior to the expiration date
of this Agreement.
ARTICLE 4. -OCEA ACCESS
4.1 An OCEA Representative shall have access to the District's facilities during working hours for the purpose
of assisting Unit employees in processing grievances or investigating matters arising out of the application
of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of any changes in that list.
4.3 OCEA access shall not interfere with the District's operations, or with the work of employees in any
manner. The District reserves the right to restrict access in certain areas designated as confidential or
secure.
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 1
ARTICLE 5. -OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
selected as representatives and shall 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 OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or
discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA
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 OCEA 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 shall 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 shall be applied to
all members of the unit 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 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. OCEA shall 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 supervisors. An
employee shall not be required to perform work that is unsafe.
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
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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 unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay,
demotion to a classification with a lower maximum rate of pay 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 a
suspension without pay, a reduction in pay, a 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 shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail, which shall be the date of issuance.
10.5 The Notice of Intent shall 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 shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action, the employee shall 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 shall notify
the employee in writing of the action that shall 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 shall be preceded by at least one (1) written reprimand, except in those 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 Director of Human Resources, or designee,
within ten ( 10) business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources, or designee, shall 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 shall be final.
10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources
Department. Documentation regarding verbal and written reprimands may be removed from an
employee's personnel file twenty-four (24) months subsequent to the date of issuance, provided that there
has been no recurrence of a similar incident during the period. If the Director of Human Resources, or
designee, agrees to remove disciplinary action documentation from an employee's personnel file, such
documentation shall 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's proposed discipline.
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10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 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 Unit or by
the OCEA. The District may not bring a grievance through this 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 OCEA, be
consolidated for the purposes of this procedure.
11.3 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall
provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article
implies business days.
11.3.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee 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, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within five (5) days.
11.3.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, 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 will be filed with the Director of Human Resources, or designee.
The written grievance must:
a) Identify the specific management act to be reviewed;
b) Specify how the employee was adversely affected;
c) List the specific provisions of the MOU that were allegedly violated and state how they were
violated;
d) Specify the remedy requested; and
e) Provide the date of attempts at informal resolution and the name of the supervisor or individual
involved.
11.3.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.3.3 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee's
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by the District within five (5) 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 will be filed with the Director of Human Resources or designee.
The employee's Department Director, or designee, shall respond in writing to the employee within
ten (10) days after the date the grievance is received.
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page4
11.3.4 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five (5) days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.3.5 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five (5) days from the date the Step 4 finding was issued. The General Manager,
or designee, shall respond in writing to the employee within ten (10) days after the date of the
grievance is received.
11.4 General Provisions: An employee shall be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by the OCEA, the OCEA may designate one
employee to present and process the grievance. The employee representative shall be given reasonable
time off without loss of pay to perform this responsibility. Absence from work shall be approved only if it
does not cause disruption to District operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.4.1 Failure of a management representative to respond within the appropriate time limit shall provide a
basis for the employee appealing to the next step. If a grievance is not presented or appealed
within the time limits, it shall be considered resolved on the basis of the preceding response. The
Director of Human Resources, or designee, may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists.
11.4.2 Resolution may be agreed upon at any stage of the grievance process. However, the OCEA shall
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 shall review the situation or decision, and provide a written response within
five 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 Director of Human Resources, or designee, within ten (10) days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten (10) days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, 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 -Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
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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.
13.3.1.3 Performance Management Program: The performance management program includes
three (3) rating categories (exceeds, proficient, needs improvement) for performance
appraisals.
13.3.2 Development Pay -Employees under this Agreement will be 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:
• Education -Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive $20. 76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at $41.53 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.
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at $64.39 per pay period.
13.3.2.2 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.
13.3.2.3 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.
13.4 Salary Range Adjustments
13.4.1 Effective the first pay period in July 2014, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
13.4.2 Effective the first pay period in July 2015, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
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 shall be notified in writing two (2) weeks prior to the effective
separation date. In the event the District does not give such notification, the employee shall be entitled to
severance pay in accordance with the formula set forth below:
14.1.1 Full-time, regular employees shall be entitled to eight (8) hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2 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.
OCEA-Administrative/Clerical MOU July 1, 2014 to June 30, 2016
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ARTICLE 15. -DEFERRED COMPENSATION
15.1 Employees may participate in the District's approved deferred compensation plan subject to I RS
requirements, and in accordance with all guidelines for voluntary participation established by District
management.
ARTICLE 16. -HOLIDA VS
16.1 The days listed below are observed by the District as holidays. Employees will receive holiday pay if their
entire scheduled work shift 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 overtime pay at the rate of one and
one half (1.5) times their 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 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).
HOLIDAY
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 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"0 Quarter (April-June) 75%
3ro 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.
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ARTICLE 17. -HOURS OF WORK
17.1 For record keeping and accounting purposes, the "workweek" for full-time employees is 40 hours per 168-
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour
days each workweek (10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-
hour day each workweek (7/80). The starting and ending times of individual employees' workweeks may
vary.
17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 The District may, at its sole discretion, change an employee's work schedule with thirty (30) days written
notice to the affected employee.
ARTICLE 18. -CALL-BACK PAY
18.1 When an employee is called back to work by District management without prior notice, and the employee
has completed his or her normal work shift and left the work station, or when prior notice is given but the
work begins on the same day at least three hours after completion of the regular shift, the employee shall
receive a minimum of three hours of call back pay. The three hours minimum, whether or not actually
worked, shall be paid at the rate of one and one half times the regular hourly rate. Employees who are
called back a second time within a normal shift period are considered to be working for the duration of that
shift.
ARTICLE 19. -STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, the District shall assign
standby by job classification and work location from employees who are competent and experienced on a
rotational basis. An employee placed on standby shall be compensated at the rate of three hundred forty-
five (345) dollars per week, and shall receive Call Back pay when they are actually called to work.
ARTICLE 20. -INSURANCE
20.1 The District will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period shall be held annually.
20.3 Medical Reopener The District and OCEA agree to reopen this Agreement at the beginning of the month
following ratification to discuss the transition from Anthem to Blue Shield through 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. Potential strategies for
consideration include, but are not limited to, the following: plan design changes to office and specialist
copays, emergency room copays, plan deductibles and contribution rates; and alternative plan offerings
such as a high deductible health plan with health savings account funding.
20.3.2 The parties agree that any reopener shall be subject to Government Code Section 3505.4 and
case law, including PERB, decisions which interpret that provision.
20.4 Medical Insurance
20.4.1 The District will provide medical health insurance coverage through a Health Maintenance
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page8
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.
20.4.2 Regular. full-time employees:
20.4.2.1 The District shall contribute 90% of employee only premiums for the HMO medical
health plan and 80% of employee only premiums for the PPO medical health plan.
The District will contribute 80% of the employee +1 dependent and full family
premiums for the HMO and PPO medical plans. Any change in insurance rates shall
be shared equally in same ratio as the District and employees currently pay
premiums. Before the renewal of any District's sponsored health insurance plan,
the parties agree to meet and confer as to changes in the plan.
20.5 Life Insurance
The District shall pay the full premium for $50,000 term life insurance on each employee.
20.6 Short Term Disability
The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for
employees equal to California's State Disability Insurance (SDI) program for up to twenty-six (26) weeks
following a fourteen (14) calendar day waiting period.
20.7 Long Term Disability
20.7.1
20.7.2
20.7.3
The District shall 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, up to age 65, following a 90-day waiting period of continuous disability, at
such time that an employee completes five (5) years of service.
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 the District's long-term disability plan contract accession on the intranet.
No combination of disability or sick leave pay shall 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 his or her own expense.
20.8 Dental Insurance
The District will contribute 80% of employee only and 80% of full family premiums for dental insurance.
20.9 Vision Insurance
The District shall provide a vision insurance plan for regular, full-time employees and eligible dependents.
20.10 Retiring Employees
20.10.1
20.10.2
The District shall 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's medical plan.
In the event the District adds additional optional insurance plans, the District's share of the
premium shall 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 shall be
the same as for existing insurance plans as set forth above.
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
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20.10.3 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. Employees hired on or after August
1, 2011 shall not be eligible for the retiree medical health premium offset.
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 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
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 or herself for
payment of health care costs not otherwise covered by his or her medical insurance.
21.4 Dependent Care Assistance Account
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 or herself for childcare
expenses or day care for a disabled dependent.
ARTICLE 22. -OVERTIME
22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or
additional work. The District may require the performance of overtime. In the event no qualified employee
wishes to work overtime, District's management may select employees with the ability to perform the work
by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based
upon an employee's ability to perform the overtime work.
22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty (40) hours in a
seven (7) day workweek is reached.
ARTICLE 23. -PROBATIONARY PERIOD
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 (26) 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 shall 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 or 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 rights 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.
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Page 10
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 shall be filled as an open or promotional
opportunity or recruitment. Whenever the District intends to fill a position by promotion, the District shall
post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of
posting. Notices shall be posted on the District's intranet.
24.2 A promoted employee shall 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. At any time during the
promotional probationary period, an employee may be returned to his or her previous position. The
promotional probation period may be extended by mutual agreement between the employee and District's
management for up to ninety (90) days. If an employee is promoted during his or her initial probationary
period, the period shall be extended until at least the first day of the pay period twenty-six (26) weeks after
the effective date of the promotion.
24.3 Promoted employees will receive the equivalent of a 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 shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and the District.
25.1.1 Employees hired before 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% toward the employee's contribution to OCERS
for those employees who elected to make a one-time decision to remain in the Plan G
program.
25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011: 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 toward the
employee's contributions to OCERS.
25.1.3 Employees hired on or after August 1, 2011 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
contribution to OCERS.
25.1.4 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 shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
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ARTICLE 26. -SHIFT DIFFERENTIAL
26.1 Employees who are regularly assigned to work a night shift that consists of 50% or more of their hours
between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall 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:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 1 3.08 80
In years 2 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
lnyear16 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
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy.
27.1.3 Vacation leave begins after an employee has completed twenty-six (26) weeks of continuous
service. After the individual's first twenty-six (26) weeks of service, his or her account will be
credited with 40 hours. After that time, he or she 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.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Employees may have a maximum accumulation of 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
200 hours, it must be used prior to said December date, all other remaining hours in excess of 200
will be paid to the employee in the first pay period in January at the employee's then current hourly
rate of compensation.
27.2 Sick Leave
27.2.1 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
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 12
attend to the illness or injury of a family member as hereinafter defined. Temporary employees
are not entitled to sick leave benefits.
27.2.2 Method -Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid
sick leave at the rate of three point five (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.
27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy.
27.2.4 When unpaid absences occur, sick leave accruals will be applied by straight proration for leave
accruals based on the number of hours actually worked, and is applicable to all types of leave,
whether legally protected or not.
27.2.5 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
or as specified in a Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
27.2.6 Employees who terminate for any reason other than retirement or death shall 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 shall 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.
27.2.7 Permissible Uses -Sick leave may be applied only to:
A Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by
the employee's supervisor.
C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother,
sister, husband, wife, child, grandparent, legal guardian, or any family member with whom the
employee resides.
D. Absence due to a job-related injury.
27.2.8 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 shall be one-half hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a
certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness;
however, for absences of ten 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
Human Resources. Upon return to work, a written doctor's release must be submitted to Human
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Page 13
Resources. For absences of one 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 Human Resources.
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 shall comply with the provisions of these Acts.
27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on
prescribed forms, be entitled to his or 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.
27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's
timesheet system and provide a copy of the summons to his or her supervisor. To be entitled to
receive regular pay for such jury leave, the employee must report for work at the District for time
not actually retained on jury unless there is less than % of their regular shift remaining.
Employees are not compensated for jury duty occurring on scheduled days off.
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 commission legally empowered to subpoena
witnesses, which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request, be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to the District for deposit in
the General Fund of the District.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or 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 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 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall 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 shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
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 accrued 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 Using the online time off request system, any full-time employee, whether probationary or regular,
shall receive a maximum of thirty-six (36) hours of paid time for the death or funeral of an
immediate family member. Immediate family member is defined as the employee's father, step-
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Page 14
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.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of Service 5-9 10 -14 15 -19 20-24 25+
Supplemental Leave Hours 5 10 15 20 25
27.7.2 Supplemental Leave will be administered in accordance with the following guidelines:
27.7.2.1 Supplemental Leave may be used in one-quarter (0.25) hour increments.
27. 7.2.2 Any unused Supplemental Leave, within the fiscal year granted, will not be carried
over to the next fiscal year.
27.7.2.3 Any unused Supplemental 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 bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.2.5 Employees who are hired or transferred into the bargaining unit shall be granted
Supplemental Leave on a pro-rata basis per the following schedule:
Hire/Transfer Date Percent
July -September 100%
October -December 75%
January -March 50%
April-June 25%
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain
circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below,
employees shall 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.
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Page 15
28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's
own serious health condition shall be required to use all accruals, before unpaid leave is granted.
Paid time off will not accrue during any pay period that an employee is absent without pay for
more than one ( 1) day.
28.3.2 Paid time off 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 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, 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 twenty-six (26)
weeks of unpaid leave during a single twelve (12) month period.
28.4.2 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 shall run concurrently with FMLA leave.
28.4.2.2 CFRA 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.
28.4.3 General Provisions: Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, the District requests thirty (30) days advance notice.
28.4.4 Medical Certification
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 Department of
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 16
Labor (DOL) regulations.
28.4.5 Medical and Dental Premiums
During FMLA and CFRA Leave, the District shall 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 shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA or CFRA Leave, the employee shall 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., layoff), in which case the District's obligation
to continue health and dental or other benefits shall cease.
28.4. 7 District Employment of Spouses/Domestic Partners
28.4.7.1 FMLA Leave. Married employees shall 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.
28.4. 7.2 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.
28.5 General Leave
28.5.1 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.
28.5.2 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.
28.5.3 Failure to submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment.
28.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 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, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall 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.
28.6.3 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 shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall 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.
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 17
28.6.4 Bridge of Service
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District
within one (1) year, the District shall 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.
28.6.5 Failure to Return to Work
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 shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of the District's intent to
implement an automatic resignation.
28. 7 Compliance with Law
These Leave-of-Absence provisions shall 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 shall govern.
ARTICLE 29. -CLASSIFICATION STUDIES
29.1 OCSD will include a representative from OCEA to participate as a partner in the agency-wide classification
and compensation study.
29.2 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, 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 151 for the November review and according to the Finance budget
schedule. District's 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.
29.3 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 shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
following authorization by the Board.
29.3.2 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 shall remain unchanged (Y-rated) in accordance with
the following table:
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 18
29.3.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees
are working in a job classification with a lower maximum rate of 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.
29.3.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.4 Z-Rating
29.4.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of the District's comprehensive Classification Study results implemented effective July 12,
2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
294.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
ARTICLE 30. -DRIVER'S LICENSE
30.1 Employees who are required by the District to drive must notify their supervisor and the Human Resources
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 or her regular duties
and responsibilities notifies the District in a timely fashion, an attempt shall be made to place the employee
in an equal or lower level position for which he or she is qualified. Placement in the range of the new
classification is subject to District management's discretion.
30.3 The District will continue to pay the license renewals and physical examination costs of Class A & B
licenses that are specifically required by the District.
ARTICLE 31. -LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the
District from eliminating vacant positions from the budget. The District reserves the right to reassign staff
to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel
who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function, job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever possible.
31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests 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 shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 19
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall 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 shall be made to the individual on the
top of the list. That individual must respond to the offer within five days, or the offer shall be made to the
next person on the list. An individual who either does not respond or refuses three consecutive offers shall
have their name removed from the list.
31.6 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
their 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 shall be conducted on District time and at District expense. An employee
may submit an independent medical opinion regarding the individual's condition and addressing his or her
ability to competently perform the duties of the position. This information shall 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 shall 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 a position at a higher level
for a period of at least eighty (80) consecutive hours shall be eligible for a one 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 hour eighty-one (81), 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 Director and the Director of
Human Resources, or designee. The eighty (80) 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 Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, including home address, telephone number and person to contact in an
emergency.
OCEA-Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 20
ARTICLE 38. -BULLETIN BOARDS
38.1 The OCEA 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 of or derogatory to the District, its employees, officers or Directors may be posted; (b) nothing
posted by the District may be removed; (c) the OCEA shall remove its notices after a reasonable length of
time; and (d) only a reasonable number of notices shall 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 OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of the District permits the time away from assigned work.
ARTICLE 40. -USE OF DISTRICT FACILITIES
40.1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal
District operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. -SCOPE OF BARGAINING
41.1 The District and the OCEA 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 OCEA, for the term of
this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right,
and each agrees that the other shall 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 OCEA 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 shall be
scheduled and held between the parties within fourteen (14) calendar days or as soon as practicable to:
42.2 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.
43.3 Impasse procedures are:
43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other
mutually incurred costs shall be mutually shared by the District and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the District's
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 21
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 shall 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 shall 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 OCEA shall meet and
confer on the affected article, section or subsection. In such event, all other articles, sections or
subsections of this Agreement not affected shall continue in full force and effect.
ARTICLE 44. -UNIFORMS
44.1 The District shall provide and maintain ten ( 10) uniform pants and shirts, which may include the name of
the employee and District's 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 unit members. 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 bargaining unit 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 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 The District shall deduct from each regular paycheck and remit to OCEA 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.
46.2 The District shall provide the OCEA a quarterly list of the names of those employees for whom it has made
deductions. In addition, the District shall provide the names and addresses of new employees and the
names of employees who have terminated within the previous quarter.
ARTICLE 47.
(This Article intentionally left blank)
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 22
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 shall not lockout employees in this bargaining unit, and OCEA agrees that it shall 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 unit members.
ARTICLE 51. -RESIGNATION
51.1 Voluntary written termination of employment with the District is irrevocable after seventy-two (72) hours
from the receipt of the resignation, except by approval of the Director of Human Resources, or designee.
ARTICLE 52.
(This Article intentionally left blank)
ARTICLE 53. -LABOR MANAGEMENT COMMITTEE
53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District (OCSD) hereby
agree to meet within two (2) months from the OCSD Board approval of this MOU to discuss the structure
and process of a Labor Management Committee at OCSD. Absent mutual agreement regarding the
structure and process of a Labor Management Committee, the parties will defer discussions to the time
when a successor MOU is raised.
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 23
SIGNATURE PAGE
2014 -2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
Executed : Apr\\ \<O , 20 \ 5
TIVE & CLERICAL UNIT ORANGE COUNTY SANITATION DISTRICT
s Representative Steve Filarsky, tiator
Beatrice Mitchell, Administrative Assistant
'/~XM-c---
James Herberg, General Manager
~Q
"Stephanie Good, Human Resources Analyst
OCEA -Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 24
Exhibit A
ADMINISTRATIVE AND CLERICAL
UNIT
Classification
Executive Assistant
Administrative Assistant
Contracts/Purchasing Assistant
Payroll Technician
Graphics Coordinator
Lead Storekeeper
Accounting Assistant II
Senior Storekeeper
Program Assistant
Accounting Assistant I
Storekeeper
Office Assistant
Pay
Grade
69
67
67
67
66
62
58
58
56
54
52
50
OCEA -Administrative/Clerical MOU
Effective Effective
11-Jul-14 10-Jul-15
MIN MAX MIN MAX
$34.89 $42.41 $35.59 $43.26
$33.20 $40.35 $33.86 $41.16
$33.20 $40.35 $33.86 $41.16
$33.20 $40.35 $33.86 $41.16
$32.40 $39.38 $33.05 $40.17
$29.34 $35.67 $29.93 $36.38
$26.58 $32.31 $27.11 $32.96
$26.58 $32.31 $27.11 $32.96
$25.31 $30.75 $25.82 $31.37
$24.08 $29.26 $24.56 $29.85
$22.93 $27.88 $23.39 $28.44
$21.82 $26.52 $22.26 $27.05
July 1, 2014 to June 30, 2016
Page 25
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
ARTICLE 1. -RECOGNITION .....................................................................•.............................................•••...•...... 1
ARTICLE 2. -DURATION .............................................................................••........................................................ 1
ARTICLE 3. -SUCCESSOR AGREEMENT ...............................................................................................••.•.•...... 1
ARTICLE 4. -OCEA ACCESS ......................................................................•...........................................•.•.......•.. 1
ARTICLE 5. -OCEA RIGHTS ............................•.........................................••.............................................•........... 1
ARTICLE 6. -DISTRICT RIGHTS ................................................................•...........................................•......••••.. 2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT .........................••..............................................•.•........ 2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT ..............................................................................••...••••.. 2
ARTICLE 9. -SAFETY ....•...................•........................................................•.............................................••.......... 2
ARTICLE 10. -DISCIPLINE AND DISMISSAL ...........................•...•.............•.........................•.................•.....••..... 3
ARTICLE 11. -GRIEVANCE PROCEDURE ................................................•..............................................•••.....•.. 4
ARTICLE 12. -PROBLEM SOLVING PROCEDURE ...................................•.........................•...................••..••..... 5
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION ...........•.............................................•••....••••. 5
ARTICLE 14. -SEVERANCE PAY ......•..................................................•......•............................................••••••...... 6
ARTICLE 15. -DEFERRED COMPENSATION ...........................................•.........................•.....•...................••.... 7
ARTICLE 16. -HOLIDAYS ..................•...................................................•.....••..............................................•....•••. 7
ARTICLE 17. -HOURS OF WORK ......................................................•.................................•...................••.••...... 8
ARTICLE 18. -CALL-BACK PAY .......•.......................................•..........................................•....................••...••.... 8
ARTICLE 19. -STANDBY PAY •..........................................•.................••..................................................••••••...•••. 8
ARTICLE 20. -INSURANCE ..............•............................................•...........••.......•.................•........•..........•..•••..... 8
20.4 MEDICAL INSURANCE ................................................................................................................................ 8
20.5 LIFE INSURANCE ....................................................................................................................................... 9
20.6 SHORT TERM DISABILITY ..................................................................................................... ········ ............. 9
20. 7 LONG TERM DISABILITY ............................................................................................................................ 9
20.8 DENTAL INSURANCE ................................................................................................................................. 9
20.9 VISION INSURANCE ................................................................................................................................... 9
20.10 RETIRINGEMPLOYEES .............................................................................................................................. 9
ARTICLE 21. -REIMBURSEMENT ACCOUNT ........................•..................••........................•..................•••••..••• 10
21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 10
21 . 3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 10
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 10
ARTICLE 22. -OVERTIME .•......•................•........................•........................................................................••.••... 10
ARTICLE 23. -PROBATIONARY PERIOD .....................•...........•.........••...........................•....•.................••••...•.. 10
ARTICLE 24. -PROMOTIONS .......•.........•.•................................•.....•...•........•............................................••.••..•• 11
ARTICLE 25. -RETIREMENT ..•...................................................................••......•..........................•............••..••.. 11
ARTICLE 26. -SHIFT DIFFERENTIAL •...............................•.........................•............................................••••..•.. 12
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY .......................•.............................................................•.•••..•• 12
27.1 VACATION LEAVE ................................................................................................................................... 12
27.2 SICK LEAVE ........................................................................................................................................... 12
27.3 JURY DUTY LEAVE .................................................................................................................................. 14
27.4 WITNESS LEAVE ..................................................................................................................................... 14
27.5 MILITARY LEAVE ..................................................................................................................................... 14
27.6 BEREAVEMENT LEAVE ............................................................................................................................ 14
27.7 SUPPLEMENTAL LEAVE ........................................................................................................................... 15
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY .............................................................................••....... 15
28.3 SUBSTITUTION OF PAID LEAVE ................................................................................................................ 16
28.4 PERMISSIBLE USES ................................................................................................................................ 16
28.5 GENERAL LEAVE .................................................................................................................................... 17
28.6 RETURN TO WORK POLICY ..................................................................................................................... 17
28. 7 COMPLIANCE WITH LAW .......................................................................................................................... 18
ARTICLE 29. -CLASSIFICATION STUDIES ....................................•...........................................................•...•.. 18
ARTICLE 30. -DRIVER'S LICENSE ......•..........................................................................................................•.. 19
ARTICLE 31. -LAYOFF PROCEDURE ........................................................................................................•...... 19
ARTICLE 32. -LIGHT DUTY ............................................................................................................................•..• 20
ARTICLE 33. -MEDICAL EXAMINATION ........................................................................................................•.. 20
ARTICLE 34. -MILEAGE ALLOWANCE .......................................................•............................................•.••..•.. 20
ARTICLE 35. -ACTING PAY .......................................................................................................................••.•..•. 20
ARTICLE 36 ..................................................................................................................................................•....... 20
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ARTICLE 37. -PERSONNEL FILES .................................................................................................................... 20
ARTICLE 38. -BULLETIN BOARDS .................................................................................................................. 21
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS .......................................................... 21
ARTICLE 40. -USE OF DISTRICT FACILITIES .................................................................................................. 21
ARTICLE 41. -SCOPE OF BARGAINING ........................................................................................................... 21
ARTICLE 42. -IMPASSE PROCEDURES ........................................................................................................... 21
ARTICLE 43. -SEVERABILITY ..........................................•....•...................•.....•.....................................••••.••.•.•• 22
ARTICLE 44. -UNIFORMS ...........................................................................••.......................•....................••..•.•.. 22
ARTICLE 45. -SUBSTANCE ABUSE POLICY ................................................................................................... 22
ARTICLE 46. -DUES DEDUCTIONS ...............................................•..........•.•..........................................•••...••.•.• 22
ARTICLE 47 .......................................................................................................................................................... 22
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES ................................................................................ 23
ARTICLE 49 ....•.............•.......•.....................•..................................................••................•...........•.............••••..•.•.. 23
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY ............................................................... 23
ARTICLE 51. -RESIGNATION ........................................................•............•....•...........................................••.•.. 23
ARTICLE 52 .......................................................................................................................................................... 23
ARTICLE 53. -LABOR MANAGEMENT COMMITTEE ........................................................................ 23
SIGNATURE PAGE ................................................•..................•...................•................................................••.•.. 24
EXHIBIT A ............................................................................................................................................................. 25
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Page ii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
In accordance with the provisions of California Government Code Sections 3500, et seq., and Resolution No. 75-127
of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with
representatives of the Orange County Employees Association (OCEA) for the Engineering Unit. These meetings
have resulted in an agreement and understanding to recommend that the employees represented by OCEA 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 OCEA as set forth in this Agreement.
ARTICLE 1. -RECOGNITION
1.1 This Agreement, effective July 1, 2014, is entered into between the Orange County Sanitation District,
referred to hereinafter as the "District," and the Orange County Employees Association, referred to
hereinafter as "OCEA."
1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee
organization for matters within the scope of representation for the following classifications, as set forth in
Exhibit "A" (attached hereto and incorporated by reference), as well as additional classes as may be
added hereafter by the District.
ARTICLE 2. -DURATION
2.1 This Agreement shall be binding on the District and OCEA when approved and adopted by the District's
Board of Directors. This Agreement shall terminate on June 30, 2016. This Agreement shall act as a bar
to the raising of the question of representation during its term, except that the question of representation
may be raised during the period between sixty (60) and ninety (90) days prior to its expiration.
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement prior to the expiration date
of this Agreement.
ARTICLE 4. -OCEA ACCESS
4.1 An OCEA Representative shall have access to the District's facilities during working hours for the purpose
of assisting Unit employees in processing grievances or investigating matters arising out of the application
of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of any changes in that list.
4.3 OCEA access shall not interfere with the District's operations, or with the work of employees in any
manner. The District reserves the right to restrict access in certain areas designated as confidential or
secure.
ARTICLE 5. -OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Page 1
selected as representatives and shall 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 OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or
discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA
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 OCEA 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 shall 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 shall be applied to
all members of the unit 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 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. OCEA shall 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 supervisors. An
employee shall not be required to perform work that is unsafe.
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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 unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay,
demotion to a classification with a lower maximum rate of pay 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 a
suspension without pay, a reduction in pay, a 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 shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail, which shall be the date of issuance.
10.5 The Notice of Intent shall 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 shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action, the employee shall 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 shall notify
the employee in writing of the action that shall 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 shall be preceded by at least one (1) written reprimand, except in those 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 Director of Human Resources, or designee,
within ten (10) business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources, or designee, shall 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 shall be final.
10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources
Department. Documentation regarding verbal and written reprimands may be removed from an
employee's personnel file twenty-four (24) months subsequent to the date of issuance, provided that there
has been no recurrence of a similar incident during the period. If the Director of Human Resources, or
designee, agrees to remove disciplinary action documentation from an employee's personnel file, such
documentation shall 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's proposed discipline.
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Page 3
10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 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 Unit or by
the OCEA. The District may not bring a grievance through this 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 OCEA, be
consolidated for the purposes of this procedure.
11.3 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall
provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article
implies business days.
11.3.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee 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, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within five (5) days.
11.3.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, 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 will be filed with the Director of Human Resources, or designee.
The written grievance must:
a) Identify the specific management act to be reviewed;
b) Specify how the employee was adversely affected;
c) List the specific provisions of the MOU that were allegedly violated and state how they were
violated;
d) Specify the remedy requested; and
e) Provide the date of attempts at informal resolution and the name of the supervisor or individual
involved.
11.3.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.3.3 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee's
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by the District within five (5) 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 will be filed with the Director of Human Resources, or designee.
The employee's Department Director, or designee, shall respond in writing to the employee within
ten (10) days after the date the grievance is received.
OCEA -Engineering MOU July 1, 2014 to June 30, 2016
Page4
11.3.4 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five (5) days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.3.5 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five (5) days from the date the Step 4 finding was issued. The General Manager,
or designee, shall respond in writing to the employee within ten (10) days after the date of the
grievance is received.
11.4 General Provisions: An employee shall be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by the OCEA, the OCEA may designate one
employee to present and process the grievance. The employee representative shall be given reasonable
time off without loss of pay to perform this responsibility. Absence from work shall be approved only if it
does not cause disruption to District operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.4. 1 Failure of a management representative to respond within the appropriate time limit shall provide a
basis for the employee appealing to the next step. If a grievance is not presented or appealed
within the time limits, it shall be considered resolved on the basis of the preceding response. The
Director of Human Resources, or designee, may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists.
11.4.2 Resolution may be agreed upon at any stage of the grievance process. However, the OCEA shall
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 shall review the situation or decision, and provide a written response within
five 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 Director of Human Resources, or designee, within ten (10) days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten (10) days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, 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 -Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
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Page 5
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.
13.3.1.3 Performance Management Program: The performance management program includes
three (3) rating categories (exceeds, proficient, needs improvement) for performance
appraisals.
13.3.2 Development Pay -Employees under this Agreement will be 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:
• Education -Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive $20.76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at $41.53 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.
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at $64.39 per pay period.
13.3.2.2 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.
13.3.2.3 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.
13.4 Salary Range Adjustments
13.4.1 Effective the first pay period in July 2014, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
13.4.2 Effective the first pay period in July 2015, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
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 shall be notified in writing two (2) weeks prior to the effective
separation date. In the event the District does not give such notification, the employee shall be entitled to
severance pay in accordance with the formula set forth below:
14.1.1 Full-time, regular employees shall be entitled to eight (8) hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2 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.
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Page 6
ARTICLE 15. -DEFERRED COMPENSATION
15.1 Employees may participate in the District's approved deferred compensation plan subject to I RS
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 shift 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 overtime pay at the rate of one and
one half (1.5) times their 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 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).
HOLIDAY
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 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
151 Quarter (January-March) 100%
2n° Quarter (April-June) 75%
3ra Quarter (July-September) 50%
4m 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.
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Page 7
ARTICLE 17. -HOURS OF WORK
17.1 For record keeping and accounting purposes, the "workweek" for full-time employees is 40 hours per 168-
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour
days each workweek (10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-
hour day each workweek (7/80). The starting and ending times of individual employees' workweeks may
vary.
17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 The District may, at its sole discretion, change an employee's work schedule with thirty (30) days written
notice to the affected employee.
ARTICLE 18. -CALL-BACK PAY
18.1 When an employee is called back to work by District management without prior notice, and the employee
has completed his or her normal work shift and left the work station, or when prior notice is given but the
work begins on the same day at least three hours after completion of the regular shift, the employee shall
receive a minimum of three hours of call back pay. The three hours minimum, whether or not actually
worked, shall be paid at the rate of one and one half times the regular hourly rate. Employees who are
called back a second time within a normal shift period are considered to be working for the duration of that
shift.
ARTICLE 19. -STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, the District shall assign
standby by job classification and work location from employees who are competent and experienced on a
rotational basis. An employee placed on standby shall be compensated at the rate of three hundred forty-
five (345) dollars per week, and shall receive Call Back pay when they are actually called to work.
ARTICLE 20. -INSURANCE
20.1 The District will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period shall be held annually.
20.3 Medical Reopener The District and OCEA agree to reopen this Agreement at the beginning of the month
following ratification to discuss the transition from Anthem to Blue Shield through 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. Potential strategies for
consideration include, but are not limited to, the following: plan design changes to office and specialist
copays, emergency room copays, plan deductibles and contribution rates; and alternative plan offerings
such as a high deductible health plan with health savings account funding.
20.3.2 The parties agree that any reopener shall be subject to Government Code Section 3505.4 and
case law, including PERB, decisions which interpret that provision.
20.4 Medical Insurance
20.4.1 The District will provide medical health insurance coverage through a Health Maintenance
OCEA -Engineering MOU July 1, 2014 to June 30, 2016
Page 8
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.
20.4.2 Regular. full-time employees:
20.4.2.1 The District shall contribute 90% of employee only premiums for the HMO medical
health plan and 80% of employee only premiums for the PPO medical health plan.
The District will contribute 80% of the employee +1 dependent and full family
premiums for the HMO and PPO medical plans. Any change in insurance rates shall
be shared equally in same ratio as the District and employees currently pay
premiums. Before the renewal of any District's sponsored health insurance plan,
the parties agree to meet and confer as to changes in the plan.
20.5 Life Insurance
The District shall pay the full premium for $50,000 term life insurance on each employee.
20.6 Short Term Disability
The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for
employees equal to California's State Disability Insurance (SDI) program for up to twenty-six (26) weeks
following a fourteen (14) calendar day waiting period.
20.7 Long Term Disability
20.7.1
20.7.2
20.7.3
The District shall 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, up to age 65, following a 90-day waiting period of continuous disability, at
such time that an employee completes five (5) years of service.
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 the District's long-term disability plan contract accession on the intranet.
No combination of disability or sick leave pay shall 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 his or her own expense.
20.8 Dental Insurance
The District will contribute 80% of employee only and 80% of full family premiums for dental insurance.
20.9 Vision Insurance
The District shall provide a vision insurance plan for regular, full-time employees and eligible dependents.
20.10 Retiring Employees
20.10.1
20.10.2
The District shall 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's medical plan.
In the event the District adds additional optional insurance plans, the District's share of the
premium shall 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 shall be
the same as for existing insurance plans as set forth above.
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20.10.3 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. Employees hired on or after August
1, 2011 shall not be eligible for the retiree medical health premium offset.
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 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
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 or herself for
payment of health care costs not otherwise covered by his or her medical insurance.
21.4 Dependent Care Assistance Account
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 or herself for childcare
expenses or day care for a disabled dependent.
ARTICLE 22. -OVERTIME
22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or
additional work. The District may require the performance of overtime. In the event no qualified employee
wishes to work overtime, District's management may select employees with the ability to perform the work
by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based
upon an employee's ability to perform the overtime work.
22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty (40) hours in a
seven (7) day workweek is reached.
ARTICLE 23. -PROBATIONARY PERIOD
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 (26) 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 shall 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 or 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 rights 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.
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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 shall be filled as an open or promotional
opportunity or recruitment. Whenever the District intends to fill a position by promotion, the District shall
post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of
posting. Notices shall be posted on the District's intranet.
24.2 A promoted employee shall 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. At any time during the
promotional probationary period, an employee may be returned to his or her previous position. The
promotional probation period may be extended by mutual agreement between the employee and District's
management for up to ninety (90) days. If an employee is promoted during his or her initial probationary
period, the period shall be extended until at least the first day of the pay period twenty-six (26) weeks after
the effective date of the promotion.
24.3 Promoted employees will receive the equivalent of a 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 shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and the District.
25.1.1 Employees hired before 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% toward the employee's contribution to OCERS
for those employees who elected to make a one-time decision to remain in the Plan G
program.
25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011: 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 toward the
employee's contributions to OCERS.
25.1.3 Employees hired on or after August 1, 2011 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
contribution to OCERS.
25.1.4 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 shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
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ARTICLE 26. -SHIFT DIFFERENTIAL
26.1 Employees who are regularly assigned to work a night shift that consists of 50% or more of their hours
between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall 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:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 1 3.08 80
In years 2 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
lnyear12 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
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy.
27.1.3 Vacation leave begins after an employee has completed twenty-six (26) weeks of continuous
service. After the individual's first twenty-six (26) weeks of service, his or her account will be
credited with 40 hours. After that time, he or she 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.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Employees may have a maximum accumulation of 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
200 hours, it must be used prior to said December date, all other remaining hours in excess of 200
will be paid to the employee in the first pay period in January at the employee's then current hourly
rate of compensation.
27.2 Sick Leave
27.2.1 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
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Page 12
attend to the illness or injury of a family member as hereinafter defined. Temporary employees
are not entitled to sick leave benefits.
27.2.2 Method -Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid
sick leave at the rate of three point five (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.
27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy.
27.2.4 When unpaid absences occur, sick leave accruals will be applied by straight proration for leave
accruals based on the number of hours actually worked, and is applicable to all types of leave,
whether legally protected or not.
27.2.5 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
or as specified in a Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
27.2.6 Employees who terminate for any reason other than retirement or death shall 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 shall 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.
27.2.7 Permissible Uses -Sick leave may be applied only to:
A. Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by
the employee's supervisor.
C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother,
sister, husband, wife, child, grandparent, legal guardian, or any family member with whom the
employee resides.
D. Absence due to a job-related injury.
27.2.8 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 shall be one-half hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a
certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness;
however, for absences of ten 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
Human Resources. Upon return to work, a written doctor's release must be submitted to Human
Resources. For absences of one or more working days in an unpaid status, a request for leave
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Page 13
and a medical statement, on prescribed forms, stating expected date of return must be submitted
to Human Resources.
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 shall comply with the provisions of these Acts.
27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on
prescribed forms, be entitled to his or 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.
27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's
timesheet system and provide a copy of the summons to his or her supervisor. To be entitled to
receive regular pay for such jury leave, the employee must report for work at the District for time
not actually retained on jury unless there is less than Y:i of their regular shift remaining.
Employees are not compensated for jury duty occurring on scheduled days off.
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 commission legally empowered to subpoena
witnesses, which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request, be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to the District for deposit in
the General Fund of the District.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or 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 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 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall 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 shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
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 accrued 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 Using the online time off request system, any full-time employee, whether probationary or regular,
shall receive a maximum of thirty-six (36) hours of paid time 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,
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Page 14
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.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of Service 5-9 10 -14 15 -19 20-24 25+
Supplemental Leave Hours 5 10 15 20 25
27.7.3 Supplemental Leave will be administered in accordance with the following guidelines:
27.7.3.1 Supplemental Leave may be used in one-quarter (0.25) hour increments.
27.7.3.2 Any unused Supplemental Leave, within the fiscal year granted, will not be carried
over to the next fiscal year.
27.7.3.4 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash
out or eligible for any mandatory payout.
27.7.3.5 Employees who cease to be part of the bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.3.6 Employees who are hired or transferred into the bargaining unit shall be granted
Supplemental Leave on a pro-rata basis per the following schedule:
Hire/Transfer Date Percent
July-September 100%
October -December 75%
January -March 50%
April-June 25%
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain
circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below,
employees shall 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.
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28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's
own serious health condition shall be required to use all accruals, before unpaid leave is granted.
Paid time off will not accrue during any pay period that an employee is absent without pay for
more than one ( 1) day.
28.3.2 Paid time off 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 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, 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 twenty-six (26)
weeks of unpaid leave during a single twelve (12) month period.
28.4.2 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 shall run concurrently with FMLA leave.
28.4.2.2 CFRA 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.
28.4.3 General Provisions: Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, the District requests thirty (30) days advance notice.
28.4.4 Medical Certification
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 Department of
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Page 16
Labor (DOL) regulations.
28.4.5 Medical and Dental Premiums
During FMLA and CFRA Leave, the District shall 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 shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA or CFRA Leave, the employee shall 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., layoff), in which case the District's obligation
to continue health and dental or other benefits shall cease.
28.4. 7 District Employment of Spouses/Domestic Partners
28.4. 7 .1 FMLA Leave. Married employees shall 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.
28.4.7.2 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.
28.5 General Leave
28.5.1 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.
28.5.2 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.
28.5.3 Failure to submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment.
28.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 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, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall 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.
28.6.3 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 shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall 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.
28.6.4 Bridge of Service
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July 1, 2014 to June 30, 2016
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District
within one (1) year, the District shall 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.
28.6.5 Failure to Return to Work
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 shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of the District's intent to
implement an automatic resignation.
28. 7 Compliance with Law
These Leave-of-Absence provisions shall 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 shall govern.
ARTICLE 29. -CLASSIFICATION STUDIES
29.1 OCSD will include a representative from OCEA to participate as a partner in the agency-wide classification
and compensation study.
29.2 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, 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. District's 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.
29.3 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 shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
following authorization by the Board.
29.3.2 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 shall remain unchanged (Y-rated) in accordance with
the following table:
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
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Page 18
29.3.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees
are working in a job classification with a lower maximum rate of 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.
29.3.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.4 Z-Rating
29.4.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of the District's comprehensive Classification Study results implemented effective July 12,
2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
29.4.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
ARTICLE 30. -DRIVER'S LICENSE
30.1 Employees who are required by the District to drive must notify their supervisor and the Human Resources
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 or her regular duties
and responsibilities notifies the District in a timely fashion, an attempt shall be made to place the employee
in an equal or lower level position for which he or she is qualified. Placement in the range of the new
classification is subject to District management's discretion.
30.3 The District will continue to pay the license renewals and physical examination costs of Class A & B
licenses that are specifically required by the District.
ARTICLE 31. -LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the
District from eliminating vacant positions from the budget. The District reserves the right to reassign staff
to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel
who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function, job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever possible.
31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests 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 shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Page 19
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 shall be made to the individual on the
top of the list. That individual must respond to the offer within five days, or the offer shall be made to the
next person on the list. An individual who either does not respond or refuses three consecutive offers shall
have their name removed from the list.
31.6 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
their 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 shall be conducted on District time and at District expense. An employee
may submit an independent medical opinion regarding the individual's condition and addressing his or her
ability to competently perform the duties of the position. This information shall 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 shall 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 a position at a higher level
for a period of at least eighty (80) consecutive hours shall be eligible for a one 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 hour eighty-one (81 ), 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 Director and the Director of
Human Resources, or designee. The eighty (80) 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 Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, including home address, telephone number and person to contact in an
emergency.
OCEA -Engineering MOU July 1, 2014 to June 30, 2016
Page 20
ARTICLE 38. -BULLETIN BOARDS
38.1 The OCEA 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 of or derogatory to the District, its employees, officers or Directors may be posted; (b) nothing
posted by the District may be removed; (c) the OCEA shall remove its notices after a reasonable length of
time; and (d) only a reasonable number of notices shall 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 OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of the District permits the time away from assigned work.
ARTICLE 40. -USE OF DISTRICT FACILITIES
40.1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal
District operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. -SCOPE OF BARGAINING
41.1 The District and the OCEA 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 OCEA, for the term of
this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right,
and each agrees that the other shall 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 OCEA 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 shall be
scheduled and held between the parties within fourteen (14) calendar days or as soon as practicable to:
42.2 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.
43.3 Impasse procedures are:
43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other
mutually incurred costs shall be mutually shared by the District and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the District's
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
OCEA -Engineering MOU July 1, 2014 to June 30, 2016
Page 21
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 shall 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 shall 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 OCEA shall meet and
confer on the affected article, section or subsection. In such event, all other articles, sections or
subsections of this Agreement not affected shall continue in full force and effect.
ARTICLE 44. -UNIFORMS
44.1 The District shall provide and maintain ten ( 10) uniform pants and shirts, which may include the name of
the employee and District's 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 unit members. 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 bargaining unit 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 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 The District shall deduct from each regular paycheck and remit to OCEA 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.
46.2 The District shall provide the OCEA a quarterly list of the names of those employees for whom it has made
deductions. In addition, the District shall provide the names and addresses of new employees and the
names of employees who have terminated within the previous quarter.
ARTICLE 47.
(This Article intentionally left blank)
OCEA -Engineering MOU July 1, 2014 to June 30, 2016
Page 22
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 shall not lockout employees in this bargaining unit, and OCEA agrees that it shall 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.
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 unit members.
ARTICLE 51. -RESIGNATION
51.1 Voluntary written termination of employment with the District is irrevocable after seventy-two (72) hours
from the receipt of the resignation, except by approval of the Director of Human Resources, or designee.
ARTICLE 52.
{This Article intentionally left blank)
ARTICLE 53. -LABOR MANAGEMENT COMMITTEE
53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District (OCSD) hereby
agree to meet within two (2) months from the OCSD Board approval of this MOU to discuss the structure
and process of a Labor Management Committee at OCSD. Absent mutual agreement regarding the
structure and process of a Labor Management Committee, the parties will defer discussions to the time
when a successor MOU is raised.
OCEA -Engineering MOU July 1, 2014 to June 30, 2016
Page 23
SIGNATURE PAGE
OCEA -Engineering MOU
2014-2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
Executed: A9 c\ \ \3 1 '2.0 \ S
ORANGE COUNTY Sl\NITATION DISTRICT
Steve Filarsky, Chief Neg iator
a~~
James Herberg, General Manager
, Principal Human Resources
Stephanie Good, Human Resources Analyst
July 1, 2014 to June 30 , 2016
Page 24
Exhibit A
ENGINEERING UNIT
Classification
Senior Construction Inspector
Engineering Associate
Construction Inspector
Engineering Assistant II
Engineering Assistant I
OCEA -Engineering MOU
Pay
Grade
78
76
74
70
66
Page 25
Effective Effective
11-Jul-14 10-Jul-15
MIN MAX MIN MAX
$43.55 $52.94 $44.42 $54.00
$41.44 $50.39 $42.27 $51.40
$39.47 $47.97 $40.26 $48.93
$35.76 $43.46 $36.48 $44.33
$32.40 $39.38 $33.05 $40.17
July 1, 2014 to June 30, 2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
ARTICLE 1. -RECOGNITION ................................................................................................................................ 1
ARTICLE 2. -DURATION ....................................................................................................................................... 1
ARTICLE 3. -SUCCESSOR AGREEMENT ........................................................................................................... 1
ARTICLE 4. -OCEA ACCESS ............................................................................................................................... 1
ARTICLE 5. -OCEA RIGHTS ................................................................................................................................. 2
ARTICLE 6. -DISTRICT RIGHTS ......................................................................................................................... 2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT .................................................................................... 2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT ......................................................................................... 2
ARTICLE 9. -SAFETY ........................................................................................................................................... 2
ARTICLE 10. -DISCIPLINE AND DISMISSAL ...................................................................................................... 3
ARTICLE 11. -GRIEVANCE PROCEDURE .......................................................................................................... 4
ARTICLE 12. -PROBLEM SOLVING PROCEDURE ............................................................................................ 5
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION ..................................................................... 5
ARTICLE 14. -SEVERANCE PAY ......................................................................................................................... 6
ARTICLE 15. -DEFERRED COMPENSATION ..................................................................................................... 7
ARTICLE 16. -HOLIDAYS ..................................................................................................................................... 7
ARTICLE 17. -HOURS OF WORK ....................................................................................................................... 8
ARTICLE 18. -CALL-BACK PAY .......................................................................................................................... 8
ARTICLE 19. -STANDBY PAY .............................................................................................................................. 8
ARTICLE 20. -INSURANCE ................................................................................................................................. 8
20.4 MEDICAL INSURANCE ................................................................................................................................ 8
20.5 LIFE INSURANCE ....................................................................................................................................... 9
20.6 SHORT TERM DISABILITY .......................................................................................................................... 9
20. 7 LONG TERM DISABILITY ............................................................................................................................ 9
20.8 DENTAL INSURANCE ................................................................................................................................. 9
20.9 VISION INSURANCE ................................................................................................................................... 9
20.10 RETIRING EMPLOYEES .............................................................................................................................. 9
ARTICLE 21. -REIMBURSEMENT ACCOUNT .................................................................................................. 10
21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 10
21 . 3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 10
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 10
ARTICLE 22. -OVERTIME ................................................................................................................................... 10
ARTICLE 23. -PROBATIONARY PERIOD ......................................................................................................... 10
ARTICLE 24. -PROMOTIONS ............................................................................................................................. 11
ARTICLE 25. -RETIREMENT .............................................................................................................................. 11
ARTICLE 26. -SHIFT DIFFERENTIAL ................................................................................................................ 12
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 12
27.1 VACATION LEAVE................................................................................................................................ 12
27.2 SICK LEAVE ........................................................................................................................................... 12
27.3 JURY DUTY LEAVE .................................................................................................................................. 14
27.4 WITNESS LEAVE ..................................................................................................................................... 14
27.5 MILITARY LEAVE ..................................................................................................................................... 14
27.6 BEREAVEMENT LEAVE ............................................................................................................................ 14
27.7 SUPPLEMENTAL LEAVE ........................................................................................................................... 15
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY ...................................................................................... 15
28.3 SUBSTITUTION OF PAID LEAVE ................................................................................................................ 16
28.4 PERMISSIBLE USES ................................................................................................................................ 16
28.5 GENERAL LEAVE .................................................................................................................................... 17
28.6 RETURN TO WORK POLICY ..................................................................................................................... 17
28. 7 COMPLIANCE WITH LAW .......................................................................................................................... 18
ARTICLE 29. -CLASSIFICATION STUDIES ....................................................................................................... 18
ARTICLE 30. -DRIVER'S LICENSE .................................................................................................................... 19
ARTICLE 31. -LAYOFF PROCEDURE ............................................................................................................... 19
ARTICLE 32. -LIGHT DUTY ................................................................................................................................ 20
ARTICLE 33. -MEDICAL EXAMINATION ........................................................................................................... 20
ARTICLE 34. -MILEAGE ALLOWANCE ............................................................................................................. 20
ARTICLE 35. -ACTING PAY ............................................................................................................................... 20
ARTICLE 36 .......................................................................................................................................................... 20
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page i
ARTICLE 37. -PERSONNEL FILES .................................................................................................................... 20
ARTICLE 38. -BULLETIN BOARDS .................................................................................................................. 21
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS .......................................................... 21
ARTICLE 40. -USE OF DISTRICT FACILITIES .................................................................................................. 21
ARTICLE 41. -SCOPE OF BARGAINING ........................................................................................................... 21
ARTICLE 42. -IMPASSE PROCEDURES .....•........................•...................................................•........................ 21
ARTICLE 43. -SEVERABILITY ........................................................................................................................... 22
ARTICLE 44. -UNIFORMS ...............•............•..•.....................••...................•..............................................•........ 22
ARTICLE 45. -SUBSTANCE ABUSE POLICY ................................................................................................... 22
ARTICLE 46. -DUES DEDUCTIONS .............•....•.....•..............•.................................................................••........ 22
ARTICLE 47 .......................................................................................................................................................... 22
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES ................................................................................ 23
ARTICLE 49 .......................................................................................................................................................... 23
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY ............................................................... 23
ARTICLE 51. -RESIGNATION ............................................................................................................................ 23
ARTICLE 52 .......................................................................................................................................................... 23
ARTICLE 53. -LABOR MANAGEMENT COMMITTEE ......................................................................... 23
SIGNATURE PAGE .............................................................................................................................................. 24
EXHIBIT A .......•....................•...•.•....................•.................•.......•....•.......•.............•........................•......•......••....... 25
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page ii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
ANDTHE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
In accordance with the provisions of California Government Code Sections 3500, et seq., and Resolution No. 75-127
of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with
representatives of the Orange County Employees Association (OCEA) for the Technical Services Unit. These
meetings have resulted in an agreement and understanding to recommend that the employees represented by
OCEA 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 OCEA as set forth in
this Agreement.
ARTICLE 1. -RECOGNITION
1.1 This Agreement, effective July 1, 2014, is entered into between the Orange County Sanitation District,
referred to hereinafter as the "District,'' and the Orange County Employees Association, referred to
hereinafter as "OCEA."
1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee
organization for matters within the scope of representation for the following classifications, as set forth in
Exhibit "A" (attached hereto and incorporated by reference), as well as additional classes as may be
added hereafter by the District.
ARTICLE 2. -DURATION
2.1 This Agreement shall be binding on the District and OCEA when approved and adopted by the District's
Board of Directors. This Agreement shall terminate on June 30, 2016. This Agreement shall act as a bar
to the raising of the question of representation during its term, except that the question of representation
may be raised during the period between sixty (60) and ninety (90) days prior to its expiration.
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement prior to the expiration date
of this Agreement.
ARTICLE 4. -OCEA ACCESS
4.1 An OCEA Representative shall have access to the District's facilities during working hours for the purpose
of assisting Unit employees in processing grievances or investigating matters arising out of the application
of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of any changes in that list.
4.3 OCEA access shall not interfere with the District's operations, or with the work of employees in any
manner. The District reserves the right to restrict access in certain areas designated as confidential or
secure.
OCEA -Technical Services MOU July 1, 2014 to June 30, 2014
Page 1
ARTICLE 5. -OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
selected as representatives and shall 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 OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or
discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA
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 OCEA 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 shall 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 shall be applied to
all members of the unit 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 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. OCEA shall 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 supervisors. An
employee shall not be required to perform work that is unsafe.
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page2
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 unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay,
demotion to a classification with a lower maximum rate of pay 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 a
suspension without pay, a reduction in pay, a 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 shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail, which shall be the date of issuance.
10.5 The Notice of Intent shall 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 shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action, the employee shall 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 shall notify
the employee in writing of the action that shall 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 shall be preceded by at least one (1) written reprimand, except in those 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 Director of Human Resources, or designee,
within ten (10) business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources, or designee, shall 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 shall be final.
10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources
Department. Documentation regarding verbal and written reprimands may be removed from an
employee's personnel file twenty-four (24) months subsequent to the date of issuance, provided that there
has been no recurrence of a similar incident during the period. If the Director of Human Resources, or
designee, agrees to remove disciplinary action documentation from an employee's personnel file, such
documentation shall 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's proposed discipline.
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 3
10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 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 Unit or by
the OCEA. The District may not bring a grievance through this 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 OCEA, be
consolidated for the purposes of this procedure.
11.3 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall
provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article
implies business days.
11.3.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee 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, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within five (5) days.
11.3.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, 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 will be filed with the Director of Human Resources, or designee.
The written grievance must:
a) Identify the specific management act to be reviewed;
b) Specify how the employee was adversely affected;
c) List the specific provisions of the MOU that were allegedly violated and state how they were
violated;
d) Specify the remedy requested; and
e) Provide the date of attempts at informal resolution and the name of the supervisor or individual
involved.
11.3.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.3.3 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee's
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by the District within five (5) 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 will be filed with the Director of Human Resources, or designee.
The employee's Department Director, or designee, shall respond in writing to the employee within
ten (10) days after the date the grievance is received.
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11.3.4 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five (5) days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.3.5 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five (5) days from the date the Step 4 finding was issued. The General Manager,
or designee, shall respond in writing to the employee within ten (10) days after the date of the
grievance is received.
11.4 General Provisions: An employee shall be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by the OCEA, the OCEA may designate one
employee to present and process the grievance. The employee representative shall be given reasonable
time off without loss of pay to perform this responsibility. Absence from work shall be approved only if it
does not cause disruption to District operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.4.1 Failure of a management representative to respond within the appropriate time limit shall provide a
basis for the employee appealing to the next step. If a grievance is not presented or appealed
within the time limits, it shall be considered resolved on the basis of the preceding response. The
Director of Human Resources, or designee, may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists.
11.4.2 Resolution may be agreed upon at any stage of the grievance process. However, the OCEA shall
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 shall review the situation or decision, and provide a written response within
five 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 Director of Human Resources, or designee, within ten (1 O}days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten (10) days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, 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-Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
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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.
13.3.1.3 Performance Management Program: The performance management program includes
three (3) rating categories (exceeds, proficient, needs improvement) for performance
appraisals.
13.3.2 Development Pay -Employees under this Agreement will be 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:
• Education -Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive $20. 76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at $41.53 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.
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at $64.39 per pay period.
13.3.2.2 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.
13.3.2.3 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.
13.4 Salary Range Adjustments
13.4.1 Effective the first pay period in July 2014, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
13.4.2 Effective the first pay period in July 2015, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
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 shall be notified in writing two (2) weeks prior to the effective
separation date. In the event the District does not give such notification, the employee shall be entitled to
severance pay in accordance with the formula set forth below:
14.1.1 Full-time, regular employees shall be entitled to eight (8) hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2 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.
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
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ARTICLE 15. -DEFERRED COMPENSATION
15.1 Employees may participate in the District's approved deferred compensation plan subject to I RS
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 shift 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 overtime pay at the rate of one and
one half (1.5) times their 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 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).
HOLIDAY
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 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
18
' 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.
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ARTICLE 17. -HOURS OF WORK
17.1 For record keeping and accounting purposes, the "workweek" for full-time employees is 40 hours per 168-
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour
days each workweek (10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-
hour day each workweek (7/80). The starting and ending times of individual employees' workweeks may
vary.
17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 The District may, at its sole discretion, change an employee's work schedule with thirty (30) days written
notice to the affected employee.
ARTICLE 18. -CALL-BACK PAY
18.1 When an employee is called back to work by District management without prior notice, and the employee
has completed his or her normal work shift and left the work station, or when prior notice is given but the
work begins on the same day at least three hours after completion of the regular shift, the employee shall
receive a minimum of three hours of call back pay. The three hours minimum, whether or not actually
worked, shall be paid at the rate of one and one half times the regular hourly rate. Employees who are
called back a second time within a normal shift period are considered to be working for the duration of that
shift.
ARTICLE 19. -STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, the District shall assign
standby by job classification and work location from employees who are competent and experienced on a
rotational basis. An employee placed on standby shall be compensated at the rate of three hundred forty-
five (345) dollars per week, and shall receive Call Back pay when they are actually called to work.
ARTICLE 20. -INSURANCE
20.1 The District will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period shall be held annually.
20.3 Medical Reopener The District and OCEA agree to reopen this Agreement at the beginning of the month
following ratification to discuss the transition from Anthem to Blue Shield through 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. Potential strategies for
consideration include, but are not limited to, the following: plan design changes to office and specialist
copays, emergency room copays, plan deductibles and contribution rates; and alternative plan offerings
such as a high deductible health plan with health savings account funding.
20.3.2 The parties agree that any reopener shall be subject to Government Code Section 3505.4 and
case law, including PERB, decisions which interpret that provision.
20.4 Medical Insurance
20.4.1 The District will provide medical health insurance coverage through a Health Maintenance
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 8
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.
20.4.2 Regular. full-time employees:
20.4.2.1 The District shall contribute 90% of employee only premiums for the HMO medical
health plan and 80% of employee only premiums for the PPO medical health plan.
The District will contribute 80% of the employee +1 dependent and full family
premiums for the HMO and PPO medical plans. Any change in insurance rates shall
be shared equally in same ratio as the District and employees currently pay
premiums. Before the renewal of any District's sponsored health insurance plan,
the parties agree to meet and confer as to changes in the plan.
20.5 Life Insurance
The District shall pay the full premium for $50,000 term life insurance on each employee.
20.6 Short Term Disability
The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for
employees equal to California's State Disability Insurance (SDI) program for up to twenty-six (26) weeks
following a fourteen (14) calendar day waiting period.
20.7 Long Term Disability
20.7.1
20.7.2
20.7.3
The District shall 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, up to age 65, following a 90-day waiting period of continuous disability, at
such time that an employee completes five (5) years of service.
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 the District's long-term disability plan contract accession on the intranet.
No combination of disability or sick leave pay shall 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 his or her own expense.
20.8 Dental Insurance
The District will contribute 80% of employee only and 80% of full family premiums for dental insurance.
20.9 Vision Insurance
The District shall provide a vision insurance plan for regular, full-time employees and eligible dependents.
20.10 Retiring Employees
20.10.1
20.10.2
The District shall 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's medical plan.
In the event the District adds additional optional insurance plans, the District's share of the
premium shall 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 shall be
the same as for existing insurance plans as set forth above.
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 9
20.10.3 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. Employees hired on or after August
1, 2011 shall not be eligible for the retiree medical health premium offset.
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 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
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 or herself for
payment of health care costs not otherwise covered by his or her medical insurance.
21.4 Dependent Care Assistance Account
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 or herself for
childcare expenses or day care for a disabled dependent.
ARTICLE 22. -OVERTIME
22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or
additional work. The District may require the performance of overtime. In the event no qualified employee
wishes to work overtime, District's management may select employees with the ability to perform the work
by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based
upon an employee's ability to perform the overtime work.
22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty (40) hours in a
seven (7) day workweek is reached.
ARTICLE 23. -PROBATIONARY PERIOD
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 (26) 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 shall 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 or 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 rights 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.
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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 shall be filled as an open or promotional
opportunity or recruitment. Whenever the District intends to fill a position by promotion, the District shall
post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of
posting. Notices shall be posted on the District's intranet.
24.2 A promoted employee shall 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. At any time during the
promotional probationary period, an employee may be returned to his or her previous position. The
promotional probation period may be extended by mutual agreement between the employee and District's
management for up to ninety (90) days. If an employee is promoted during his or her initial probationary
period, the period shall be extended until at least the first day of the pay period twenty-six (26) weeks after
the effective date of the promotion.
24.3 Promoted employees will receive the equivalent of a 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 shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and the District.
25.1.1 Employees hired before 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% toward the employee's contribution to OCERS
for those employees who elected to make a one-time decision to remain in the Plan G
program.
25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011: 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 toward the
employee's contributions to OCERS.
25.1.3 Employees hired on or after August 1, 2011 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
contribution to OCERS.
25.1.4 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 shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
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Page 11
ARTICLE 26. -SHIFT DIFFERENTIAL
26.1 Employees who are regularly assigned to work a night shift that consists of 50% or more of their hours
between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall 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:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 1 3.08 80
In years 2 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
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy.
27.1.3 Vacation leave begins after an employee has completed twenty-six (26) weeks of continuous
service. After the individual's first twenty-six (26) weeks of service, his or her account will be
credited with 40 hours. After that time, he or she 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.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Employees may have a maximum accumulation of 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
200 hours, it must be used prior to said December date, all other remaining hours in excess of 200
will be paid to the employee in the first pay period in January at the employee's then current hourly
rate of compensation.
27 .2 Sick Leave
27.2.1 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
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Page 12
attend to the illness or injury of a family member as hereinafter defined. Temporary employees
are not entitled to sick leave benefits.
27.2.2 Method -Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid
sick leave at the rate of three point five (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.27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in
applicable District Policy.
27.2.4 When unpaid absences occur, sick leave accruals will be applied by straight proration for leave
accruals based on the number of hours actually worked, and is applicable to all types of leave,
whether legally protected or not.
27.2.5 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
or as specified in a Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
27.2.6 Employees who terminate for any reason other than retirement or death shall 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 shall 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.
27.2.7 Permissible Uses -Sick leave may be applied only to:
A. Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by
the employee's supervisor.
C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother,
sister, husband, wife, child, grandparent, legal guardian, or any family member with whom the
employee resides.
D. Absence due to a job-related injury.
27.2.8 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 shall be one-half hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a
certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness;
however, for absences of ten 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
Human Resources. Upon return to work, a written doctor's release must be submitted to Human
Resources. For absences of one or more working days in an unpaid status, a request for leave
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Page 13
and a medical statement, on prescribed forms, stating expected date of return must be submitted
to Human Resources.
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 shall comply with the provisions of these Acts.
27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on
prescribed forms, be entitled to his or 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.
27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's
timesheet system and provide a copy of the summons to his or her supervisor. To be entitled to
receive regular pay for such jury leave, the employee must report for work at the District for time
not actually retained on jury unless there is less than % of their regular shift remaining.
Employees are not compensated for jury duty occurring on scheduled days off.
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 commission legally empowered to subpoena
witnesses, which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request, be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to the District for deposit in
the General Fund of the District.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or 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 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 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall 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 shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
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 accrued 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 Using the online time off request system, any full-time employee, whether probationary or regular,
shall receive a maximum of thirty-six (36) hours of paid time 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,
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 14
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.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of Service 5-9 10 -14 15 -19 20-24 25+
Supplemental Leave Hours 5 10 15 20 25
27.7.2 Supplemental Leave will be administered in accordance with the following guidelines:
27. 7.2.1 Supplemental Leave may be used in one-quarter (0.25) hour increments.
27. 7.2.2 Any unused Supplemental Leave, within the fiscal year granted, will not be carried
over to the next fiscal year.
27.7.2.3 Any unused Supplemental 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 bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.2.5 Employees who are hired or transferred into the bargaining unit shall be granted
Supplemental Leave on a pro-rata basis per the following schedule:
Hirerrransfer Date Percent
July -September 100%
October -December 75%
January -March 50%
April-June 25%
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain
circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below,
employees shall 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.
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 15
28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's
own serious health condition shall be required to use all accruals, before unpaid leave is granted.
Paid time off will not accrue during any pay period that an employee is absent without pay for
more than one ( 1) day.
28.3.2 Paid time off 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 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, 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 twenty-six (26)
weeks of unpaid leave during a single twelve (12) month period.
28.4.2 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 shall run concurrently with FMLA leave.
28.4.2.2 CFRA 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 (POL) law.
28.4.3 General Provisions: Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, the District requests thirty (30) days advance notice.
28.4.4 Medical Certification
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 Department of
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page 16
Labor (DOL) regulations.
28.4.5 Medical and Dental Premiums
During FMLA and CFRA Leave, the District shall 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 shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA or CFRA Leave, the employee shall 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., layoff), in which case the District's obligation
to continue health and dental or other benefits shall cease.
28.4. 7 District Employment of Spouses/Domestic Partners
28.4.7.1 FMLA Leave. Married employees shall 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.
28.4.7.2 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.
28.5 General Leave
28.5.1 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.
28.5.2 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.
28.5.3 Failure to submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment.
28.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 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, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall 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.
28.6.3 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 shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall 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.
28.6.4 Bridge of Service
OCEA -Technical Services MOU
Page 17
July 1, 2014 to June 30, 2016
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District
within one (1) year, the District shall bridge the employee's service date. Bridging of service
procedures involve adding the total number of days away from work to the employees original
date of hire.
28.6.5 Failure to Return to Work
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 shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of the District's intent to
implement an automatic resignation.
28.7 Compliance with Law
These Leave-of-Absence provisions shall 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 shall govern.
ARTICLE 29. -CLASSIFICATION STUDIES
29.1 OCSD will include a representative from OCEA to participate as a partner in the agency-wide classification
and compensation study.
29.2 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, 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 151 for the November review and according to the Finance budget
schedule. District's 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.
29.3 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 shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
following authorization by the Board.
29.3.2 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 shall remain unchanged (Y-rated) in accordance with
the following table:
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page 18
29.3.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees
are working in a job classification with a lower maximum rate of 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.
29.3.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.4 Z-Rating
29.4.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of the District's comprehensive Classification Study results implemented effective July 12,
2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
29.4.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
ARTICLE 30. -DRIVER'S LICENSE
30.1 Employees who are required by the District to drive must notify their supervisor and the Human Resources
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 or her regular duties
and responsibilities notifies the District in a timely fashion, an attempt shall be made to place the employee
in an equal or lower level position for which he or she is qualified. Placement in the range of the new
classification is subject to District management's discretion.
30.3 The District will continue to pay the license renewals and physical examination costs of Class A & 8
licenses that are specifically required by the District.
ARTICLE 31. -LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the
District from eliminating vacant positions from the budget. The District reserves the right to reassign staff
to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel
who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function, job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever possible.
31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests 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 shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 19
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 shall be made to the individual on the
top of the list. That individual must respond to the offer within five days, or the offer shall be made to the
next person on the list. An individual who either does not respond or refuses three consecutive offers shall
have their name removed from the list.
31.6 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
their 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 shall be conducted on District time and at District expense. An employee
may submit an independent medical opinion regarding the individual's condition and addressing his or her
ability to competently perform the duties of the position. This information shall 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 shall 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 a position at a higher level
for a period of at least eighty (80) consecutive hours shall be eligible for a one 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 hour eighty-one (81 ), 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 Director and the Director of
Human Resources, or designee. The eighty (80) 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 Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, including home address, telephone number and person to contact in an
emergency.
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page 20
ARTICLE 38. -BULLETIN BOARDS
38.1 The OCEA 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 of or derogatory to the District, its employees, officers or Directors may be posted; (b) nothing
posted by the District may be removed; (c) the OCEA shall remove its notices after a reasonable length of
time; and (d) only a reasonable number of notices shall 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 OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of the District permits the time away from assigned work.
ARTICLE 40. -USE OF DISTRICT FACILITIES
40.1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal
District operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. -SCOPE OF BARGAINING
41.1 The District and the OCEA 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 OCEA, for the term of
this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right,
and each agrees that the other shall 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 OCEA 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 shall be
scheduled and held between the parties within fourteen (14) calendar days or as soon as practicable to:
42.2 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.
43.3 Impasse procedures are:
43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other
mutually incurred costs shall be mutually shared by the District and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the District's
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page 21
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 shall 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 shall 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 OCEA shall meet and
confer on the affected article, section or subsection. In such event, all other articles, sections or
subsections of this Agreement not affected shall continue in full force and effect.
ARTICLE 44. -UNIFORMS
44.1 The District shall provide and maintain ten (10) uniform pants and shirts, which may include the name of
the employee and District's 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 unit members. 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 bargaining unit 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 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 The District shall deduct from each regular paycheck and remit to OCEA 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.
46.2 The District shall provide the OCEA a quarterly list of the names of those employees for whom it has made
deductions. In addition, the District shall provide the names and addresses of new employees and the
names of employees who have terminated within the previous quarter.
ARTICLE 47.
(This Article intentionally left blank)
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page 22
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 shall not lockout employees in this bargaining unit, and OCEA agrees that it shall 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 unit members.
ARTICLE 51. -RESIGNATION
51.1 Voluntary written termination of employment with the District is irrevocable after seventy-two (72) hours
from the receipt of the resignation, except by approval of the Director of Human Resources, or designee.
ARTICLE 52.
(This Article intentionally left blank)
ARTICLE 53. -LABOR MANAGEMENT COMMITTEE
53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District (OCSD) hereby
agree to meet within two (2) months from the OCSD Board approval of this MOU to discuss the structure
and process of a Labor Management Committee at OCSD. Absent mutual agreement regarding the
structure and process of a Labor Management Committee, the parties will defer discussions to the time
when a successor MOU is raised.
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page 23
SIGNATURE PAGE
2014 -2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
Executed: ~i \ \3J :20\5
OCEA TECHNICfol:::-RVICES UNIT ORANGE COUNTY SANITATION DISTRICT e /
· s Representative Steve Filarsky, hief N otiator
Deon Carrico, Source Control Inspector II
/)~;J~
James Herberg, General Manager
u, Principal Human Resources
OCEA -Technical Services MOU July 1, 2014 to June 30, 2016
Page 24
Exhibit A
TECHNICAL SERVICES UNIT
Classification
Data Management Technician II
Source Control Inspector II
Data Management Technician I
Source Control Inspector I
Information Technology Technician II
Environmental Technician
Information Technology Technician I
Laboratory Assistant
OCEA -Technical Services MOU
Pay
Grade
75
73
71
69
65
61
61
57
Effective Effective
11-Jul-14 10-Jul-15
MIN MAX MIN MAX
$40.45 $49.17 $41.26 $50.15
$38.48 $46.79 $39.25 $47.73
$36.63 $44.52 $37.36 $45.41
$34.89 $42.41 $35.59 $43.26
$31.60 $38.40 $32.23 $39.17
$28.62 $34.79 $29.19 $35.49
$28.62 $34.79 $29.19 $35.49
$25.94 $31.54 $26.46 $32.17
July 1, 2014 to June 30, 2016
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