HomeMy WebLinkAboutOCSD 19-10 RESOLUTION NO. OCSD 19-10
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL 501, FOR FISCAL YEARS 2019/2020, 2020/2021 &
2021/2022
WHEREAS, on October 26, 2016, 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 International Union of Operating Engineers Local 501
(referred hereinafter as "Local 501"), regarding salaries, benefits and terms and conditions of
employment for the period July 1, 2016 through June 30, 2019 ("2016 MOU").
WHEREAS, prior to the expiration of the 2016 MOU on June 30, 2019, Local 501
requested to meet and confer regarding a successor MOU.
WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of
LOCAL 501 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, through negotiations the parties agreed that any salary changes would
take effect retroactively to July 5, 2019, the first pay period in the current fiscal year; and
WHEREAS, the parties have modified the 2019 MOU between the District and Local
501 to reflect the parties' understanding regarding certain terms and conditions, which
include:
• Duration of the MOU has been modified and will be for a 3-year term commencing
July 1, 2019, and terminating June 30, 2022, as reflected in the Cover Page and
Articles 1 and 2 of the MOU.
• Salary Adjustments and Compensation has been modified as set forth below and as
reflected in Article 13 of the MOU:
o Year 1 — 3.0% Salary Increase, retroactive to the first pay period of July 2019.
o Year 2 — 3.0% Salary Increase, effective the first pay period of July 2020.
o Year 3 — 3.0% Salary Increase, effective the first pay period of July 2021.
o Development Pay:
■ Associate Degree: $25.00 per pay period
■ Undergraduate Degree: $50.00 per pay period
■ Certification/License: $15.24 per pay period per certification/license
with a maximum of three (3).
• Holidays has been modified as set forth below and as reflected in Article 16 of the
MOU.
OCSD 19-10-1
o Language cleanup to reflect that employee election to receive Holiday
Compensatory Time Off is due by December 31 st of prior year; housekeeping
changes.
• Hours of Work has been modified as set forth below and as reflected in Article 17 of
the MOU:
o Employees' cleanup period designated as last fifteen (15) minutes of shift.
Language cleanup to reflect that Power Plant Operators are grouped under
Operations for Hours of Work.
o Reopener to discuss Power Plant Operator job family and staffing of Central
Generation.
• Standby Pay has been modified as set forth below and as reflected in Article 19 of the
MOU:
o Standby Pay increased to five hundred (500) dollars per week.
o Side Letter language incorporated regarding standby requirements for
Collections System staff.
• Insurance has been modified as set forth below and as reflected in Article 20 of the
MOU:
o Reopener to discuss establishment of Health Retirement Account (HRA) for
all employees.
• Retirement has been modified as set forth below and as reflected in Article 25 of the
MOU:
o Housekeeping changes to remove outdated language.
• Leave-of-Absence With Pa v has been modified as set forth below and as reflected in
Article 27 of the MOU:
o Bereavement leave shall be used within six (6) months of death of immediate
family member; requests for exceptions may be submitted to Director of Human
Resources for approval. Employee may be required to furnish evidence of
family member's death and/or of familial relationship.
o Housekeeping changes.
• Leave-of-Absence Without Pay has been modified as set forth below and as reflected
in Article 28 of the MOU:
o Housekeeping changes.
• Classification Studies has been modified as set forth below and as reflected in Article
29 of the MOU:
o Reopener to discuss Mechanic series pay grade.
• Uniforms has been modified as set forth below and as reflected in Article 44 of the
MOU:
o Boot allowance increased from $170 to $200 annually.
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• Dues Deductions has been modified as set forth below and as reflected in Article 46
of the MOU:
o Language cleanup to align with current law.
• Agency Shop has been modified as set forth below and as reflected in Article 47 of
the MOU:
o Language cleanup to align with current law; article title changed to "Union
Dues".
• Shift Changes has been modified as set forth below and as reflected in Article 49 of
the MOU:
o Shift bidding process updated to allow employees to bid on any shift including
their current shift. Employees will be verbally notified of shift location before
accepting shift bid; District may inform employee that their work location will
not be changed.
• Resignation has been modified as set forth below and as reflected in Article 51 of the
MOU:
o The District may accept any verbal or written resignation at any time and
deem such resignation irrevocable. Written resignations automatically
deemed irrevocable after 72 hours, except by approval of HR.
• Operator Certification has been modified as set forth below and as reflected in
Article 52 of the MOU:
o The District will reimburse Operations and Maintenance employees for
required certifications upon receiving a passing score.
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 Local 501 for the
contract period of July 1, 2019 through June 30, 2022 as outlined herein are hereby
approved.
Section 2. The General Manager is authorized to sign the Memoranda of
Understanding with Local 501 for the period of July 1, 2019 through June 30, 2022, in a form
approved by General Counsel.
OCSD 19-10-3
PASSED AND ADOPTED at a regular meeting of the Board of Directors held August
28, 2019.
David John ver
Board Chair
ATTEST:
Ke ly . Lo M
Clerk f MV Board
OCSD 19-10-4
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OCSD 19-10 was passed and adopted
at a regular meeting of said Board on the 28t" day of August 2019, by the following vote,
to wit:
AYES: Avery, Bernstein, Chaffee, Collacott, Ferryman, Flory (Alternate),
Hawkins, Kring, Massa-Lavitt, Nguyen, O'Neill (Alternate), Parker,
Shaw, Shawver, Shea, F. Smith, Wanke and Withers
NOES: Berry (Alternate), Iglesias, R. Murphy, Nagel and Peterson
ABSTENTIONS: None
ABSENT: Kim and M. Murphy
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 28t" day of August 2019.
Kel A. re, C
CI rk of e Board of Directors
Orange County Sanitation District
OCSD 19-10-5
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 501
FOR THE
OPERATIONS AND MAINTENANCE UNIT
July 1, 2019 through June 30, 2022
8971551.1 OR040-032
TABLE OF CONTENTS
ARTICLE1. RECOGNITION.............................................................................................................................4
ARTICLE2. DURATION...................................................................................................................................4
ARTICLE3. SUCCESSOR AGREEMENT.......................................................................................................4
ARTICLE4. LOCAL 501 ACCESS...................................................................................................................4
ARTICLES. LOCAL 501 RIGHTS....................................................................................................................5
ARTICLE6. DISTRICT RIGHTS....................................................................................................................... 5
ARTICLE 7. NONDISCRIMINATION IN EMPLOYMENT.................................................................................5
ARTICLE 8. SMOKE-FREE WORK ENVIRONMENT......................................................................................6
ARTICLE9. SAFETY........................................................................................................................................6
ARTICLE 10. DISCIPLINE AND DISMISSAL....................................................................................................6
ARTICLE 11. GRIEVANCE PROCEDURE.........................................................................................................7
ARTICLE 12. PROBLEM SOLVING PROCEDURE...........................................................................................9
ARTICLE 13. SALARY ADJUSTMENTS AND COMPENSATION....................................................................9
ARTICLE14. SEVERANCE PAY..................................................................................................................... 11
ARTICLE 15. DEFERRED COMPENSATION..................................................................................................11
ARTICLE 16. HOLIDAYS............................................................................................................................ .. 11
ARTICLE 17. HOURS OF WORK..................................................................................................................... 12
ARTICLE 18. CALL-BACK PAY....................................................................................................................... 13
ARTICLE 19. STANDBY PAY.......................................................................................................................... 14
ARTICLE 20. INSURANCE............................................................................................................................... 15
ARTICLE 21. REIMBURSEMENT ACCOUNT................................................................................................. 16
ARTICLE22. OVERTIME................................................................................................................................. 17
ARTICLE 23. PROBATIONARY PERIOD........................................................................................................ 17
ARTICLE 24. PROMOTIONS............................................................................................................................ 17
ARTICLE25. RETIREMENT............................................................................................................................. 18
ARTICLE 26. SHIFT DIFFERENTIAL...............................................................................................................18
ARTICLE 27. LEAVE-OF-ABSENCE WITH PAY............................................................................................18
ARTICLE 28. LEAVE-OF-ABSENCE WITHOUT PAY.....................................................................................22
ARTICLE 29. CLASSIFICATION STUDIES................................... .......25
...........................................................
ARTICLE 30. DRIVER'S LICENSE...................................................................................................................26
ARTICLE 31. LAYOFF PROCEDURE..............................................................................................................26
ARTICLE32. LIGHT DUTY...............................................................................................................................27
ARTICLE 33. MEDICAL EXAMINATION .........................................................................................................27
ARTICLE 34. MILEAGE ALLOWANCE...........................................................................................................27
ARTICLE35. ACTING PAY..............................................................................................................................27
ARTICLE 36. PERFORMANCE REVIEWS......................................................................................................28
ARTICLE 37. PERSONNEL FILES...................................................................................................................28
ARTICLE 38. BULLETIN BOARDS..................................................................................................................28
ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS.........................................................28
ARTICLE 40. USE OF DISTRICT FACILITIES .................. .........28
.....................................................................
ARTICLE 41. SCOPE OF BARGAINING.........................................................................................................28
ARTICLE 42. IMPASSE PROCEDURES .........................................................................................................29
ARTICLE43. SEVERABILITY..........................................................................................................................29
ARTICLE 44. UNIFORMS.................................................................................................................................29
ARTICLE 45. SUBSTANCE ABUSE POLICY..................................................................................................30
ARTICLE 46. DUES DEDUCTIONS.................................................................................................................30
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8971551.1 OR040-032
ARTICLE 47. UNION DUES..............................................................................................................................30
ARTICLE 48. PEACEFUL RESOLUTION OF DISPUTES...............................................................................31
ARTICLE 49. SHIFT CHANGES.......................................................................................................................31
ARTICLE 50. WORKPLACE VIOLENCE AND WEAPONS POLICY..............................................................32
ARTICLE 51. RESIGNATION...........................................................................................................................33
ARTICLE 52. OPERATOR CERTIFICATION...................................................................................................33
SIGNATUREPAGE..............................................................................................................................................34
EXHIBITA.............................................................................................................................................................35
Local 501 MOU July 1,2019 to June 30,2022
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8971551.1 OR040-032
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501
FOR THE
OPERATIONS AND MAINTENANCE UNIT
In accordance with the provisions of California Government Code Sections 3500,et seq.,and Resolution No.99-24 of
the Joint Board of Directors, the District's authorized representatives have met and conferred in good faith with
representatives of the International Union of Operating Engineers, Local 501, for the District's Operations and
Maintenance Unit. These meetings have resulted in an agreement and understanding to recommend that the
employees represented by Local 501 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 Local 501 as set forth in this Agreement.
ARTICLE 1. RECOGNITION
1.1.This Agreement is entered into between the Orange County Sanitation District,referred to hereinafter as the
District,and the International Union of Operating Engineers,Local 501,AFL-CIO, referred to hereinafter as
Local 501, as a mutual recommendation to the Board of Directors of the District of those wages, hours of
work, and terms of conditions of employment which are to be in effect at 12:01 a.m. on July 1, 2019.
1.2.The District recognizes the International Union of Operating Engineers, Local 501, AFL-CIO, which was
certified on October 10, 1985, 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 will be binding on the District and Local 501 when approved and adopted by the District's
Board of Directors. This Agreement will terminate on June 30,2022. Any issue regarding the question of
representation shall be brought pursuant to the Employer-Employee Relations Resolution (EERR),
Resolution No. OCSD 99-24.
ARTICLE 3. SUCCESSOR AGREEMENT
3.1.Local 501 will submit in writing its initial proposal for a successor agreement 60 days prior to the expiration
date of this Agreement.
ARTICLE 4. LOCAL 501 ACCESS
4.1.The Local 501 representative will 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 Local 501 representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2.Local 501 will provide the Director of Human Resources,or designee,with a list of Representatives who are
authorized to request access under this Article, and will notify the Director of Human Resources, or
designee, of any changes in that list.
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8971551.1 OR040-032
4.3.Local 501 access will not interfere with District operations, or with the work of employees in any manner.
The District reserves the right to restrict access in certain areas designated confidential or secure.
ARTICLE 5. LOCAL 501 RIGHTS
5.1.Local 501 may designate fourteen(14)employees to act as Shop Stewards for employees covered by this
Agreement. Local 501 will furnish the Director of Human Resources, or designee, with the names of
employees selected as Shop Stewards and will update the list as necessary. An alternate Shop Steward
may be designated to act in the absence of the regular Shop Steward. Employees not listed on the roster of
Shop Stewards provided to the District by Local 501 may not act as representatives.
5.2.For purposes of meeting and conferring, Local 501 will be allowed to designate two(2)Shop Stewards to
attend (additional Shop Stewards may be added by mutual agreement of the parties). An additional
employee,who may or may not be a designated Shop Steward,may be invited to attend to provide subject
matter knowledge.
5.3.Shop Stewards will not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither the District nor Local 501 will interfere with, intimidate, restrain, coerce or
discriminate against employees because of the exercise or non-exercise of their rights to engage in Local
501 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 Local 501 from appealing or meeting and conferring the practical
consequences or impacts that District decisions have on wages, hours, and other terms and conditions of
employment.
ARTICLE 7. NONDISCRIMINATION IN EMPLOYMENT
7.1.There will be no unlawful discrimination in the application of the provisions of this Agreement with regard to
actual or perceived race, color, religion, national origin, ancestry, sex, gender, gender identity, gender
expression, sexual orientation, age, physical or mental disability, medical condition, genetic information,
marital status,military or veteran status,or any other lawfully protected class. To the extent required by law
or by the District's rules or regulations,this provision of the Agreement will be applied to all members of the
Unit without regard to any protected classification.
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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 and the use of tobacco
(cigarettes,cigars,e-cigarettes["vaping"]and related tobacco products and technologies)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. Local 501 will cooperate by
encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty
of all employees covered by this Agreement, in the course of performing their assigned duties,to be alert to
unsafe practices, equipment, and conditions,and to follow the safety regulations and requirements of the
District,and to report any unsafe practices or conditions to their immediate supervisor. An employee will not
be required to perform work that is unsafe.
9.2.The District has a Safety Committee that includes up to six (6) members of Local 501. The committee's
recommendations are advisory. The committee will meet at least quarterly; however,additional meetings
may be scheduled by either Local 501 or the District.
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 pay grade, or dismissal.
10.2. Dismissal,for purposes of this Article,is the separation of a non-probationary employee initiated by the
District for just cause.
10.3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
10.4. A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves
suspension without pay, reduction in pay, demotion to a classification with a lower pay grade, or
dismissal. The notice will be given to the affected employee either by delivery in person or by Certified
Mail sent to the employee's last known address. Such personal delivery or mailing will be presumed to
provide actual notice to the affected employee. The Notice of Intent will indicate the date on which it
was personally delivered or deposited in the mail,which will be the date of issuance.
10.5. The Notice of Intent will contain the following: (1) a description of the disciplinary action intended and
the effective date of the action; (2)the reasons for the proposed action; (3)a copy of the charges and
materials upon which the action is based;and,(4)a statement of the employee's right to respond,either
verbally or in writing to the person initially imposing the discipline, or to a District management
representative with authority to make an effective recommendation on the proposed action,the person
to whom any response must be directed, and the fact that such response must be received within ten
(10)business days of the date of issuance of the notice. The Notice will also advise the employee of
the right to representation.
10.6. Priorto the effective date of the proposed disciplinary action,the employee will be given an opportunity
to respond either verbally or in writing to a management representative with authority to make an
effective recommendation on the proposed action. After review of an employee's response,the District
will notify the employee in writing of the action that will be taken. Such action may not involve discipline
more severe than that described in the Notice of Intent; however, the District may reduce discipline
without further notice.Further clarification of the disciplinary policies and procedures are covered in the
District's Personnel Policies and Procedures Manual.
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8971551.1 OR040-032
10.7. Dismissal will 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 will be the first business day following the final day of the suspension). The Director of
Human Resources,or designee,will schedule a post disciplinary hearing with the General Manager or a
hearing officer selected by the General Manager. The hearing officer may not be an employee of the
District. The hearing officer will provide a written, advisory decision to the General Manager. The
General Manager may uphold the disciplinary action that has been taken or may reduce such discipline
without the issuance of a further Notice of Intent. The decision of the General Manager will be final.
10.9. Disciplinary actions will be recorded in employee performance reviews. All disciplinary action
documentation,except verbal reprimand documentation,will be maintained in an employee's Personnel
File in the Human Resources Department. Verbal reprimand documentation will be maintained in the
supervisor's employee files. Supervisors shall inform management staff when a verbal reprimand is to
be implemented. If after twenty-four(24)months from implementation,there have been no recurrences
of similar incidents; supervisors shall destroy the verbal reprimand documentation.
10.10. Written reprimands may be removed from an employee's personnel file twenty-four (24) months
subsequent to the date of the issuance if there has been no recurrence of a similar incident during the
period. If management agrees to remove the disciplinary action documentation from an employee's
personnel file, such documentation will be retained in a separate file by the Human Resources
Department for the purpose of showing that progressive discipline has been followed or in support of
District proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this Article will be construed as a waiver of any statutory or
constitutional rights.
10.12. A reduction in pay or a 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)will 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 Local 501. 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 Local 501,
be consolidated for the purposes of this procedure.
11.3. Employees are encouraged prior to bringing forward a formal grievance,to discuss the issue with the
Director of Human Resources, or designee, in an effort to bring about an informal resolution.
11.4. An employee may be self-represented or be represented by Local 501 at all steps of the Grievance
Procedure unless specifically agreed otherwise by Local 501 and the employee. The District will
provide a copy of all written grievance settlements to Local 501. Any reference to days in this Article
means business days, Monday through Friday, excluding recognized holidays.
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8971551.I OR040-032
11.4.1. Step 1• An employee will submit his/her complaint in writing to his/her immediate
supervisor, or designee,within ten (10)days of the occurrence of the event giving rise to
the complaint, or within ten (10) days from the time that the employee became aware of
such event. The supervisor,or designee,will attempt to resolve the issues surrounding the
complaint, and respond in writing to the employee within ten (10)days.
11.4.2. 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 ten(10)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:
11.4.2.1. Identify the specific management act to be reviewed;
11.4.2.2. Specify how the employee was adversely affected;
11.4.2.3. List the specific provisions of the MOU that were allegedly violated and state
how they were violated;
11.4.2.4. Specify the remedy requested; and
11.4.2.5. Provide the date of attempts at informal resolution and the name of the
supervisor or individual involved.
11.4.3. The Division Manager, or designee,will respond in writing to the employee within ten(10)
days after the date the grievance is received.
11.4.4. Step 3• If a grievance is not settled under Step 1 or Step 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 Department Director, or designee, will
respond in writing to the employee within ten (10) days after the date the grievance is
received.
11.4.5. 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,will respond in writing to
the employee within ten(10)days after the date the grievance is received.
11.4.6. 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 the grievance is received. The decision of the General
Manager, or designee, is final.
11.5. General Provisions. An employee will be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by a Local 501 Shop Steward, the employee
representative will be given reasonable time off without loss of pay to perform this responsibility.
Absence from work will be approved only if it does not cause disruption to District operations. However,
if the time requested cannot be provided, an alternate time will be arranged.
11.6. Failure of a management representative to respond within the appropriate time limit will provide a basis
for the employee appealing to the next step. If a grievance is not presented or appealed within the time
limits, it will be considered resolved on the basis of the preceding response. The Director of Human
Resources,or designee, may be petitioned in writing to waive the step or time requirements provided
sufficient cause exists. Time limits may also be extended at any step upon mutual agreement of the
parties.
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11.7_ Resolution may be agreed upon at any stage of the grievance process. However,the Local 501 will be
notified prior to the resolution of any formal grievance matter.
ARTICLE 12. PROBLEM SOLVING PROCEDURE
12.1. Employees may bring problems to the attention of District managers through the Problem Solving
Procedure. This procedure was developed to encourage and facilitate the resolution of employee
concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not
be subjected to the Grievance Procedure. Any reference to days in this Article means business days.
12.2. Step 1:An employee will submit his/her issue that is not subject to the Grievance Procedure in writing
to his/her supervisor,or designee,within ten(10)days of the occurrence of the event giving rise to the
complaint or within ten (10) days from the time that the employee became aware of such event. The
supervisor,or designee,will review the situation or decision,and provide a written response within five
(5)days from the date they were notified of the problem.
12.3. Step 2:If the problem is not resolved to the employee's satisfaction,a written statement concerning the
problem may be filed with the employee's Division Manager or designee,within ten(10)days of receipt
of the supervisor's decision. The employee raising the issue will be provided a written response from
the Division Manager, or designee, within ten(10)days after their statement is received.
12.4. Step 3: If a problem is not settled under Step 1 or Step 2, it may be presented within ten (10)days to
the Director of Human Resources, or designee, who, at their discretion, may form a Work Issues
Committee, comprised of the employee's Department Director, or designee, another management
representative and two(2) Local 501 representatives. The Work Issues Committee may convene to
cooperatively review and develop recommendations for solution(s) to the problem. The Director of
Human Resources,or designee,may utilize the committee's recommendation(s)to respond in writing to
the employee within fifteen (15)days after the date the problem is received.
12.5. 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. Merit Pay Step System
13.1.1. Each pay grade is divided into five(5)steps,with an approximate 5.0%difference between
each step.
13.1.2. 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.
13.2. Merit Pay
13.2.1. 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:
13.2.1.1. 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).
13.2.1.2. 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.
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13.2.1.3. Performance Management Program:The performance management program
includes three (3) rating categories (exceeds, proficient, and needs
improvement)for performance appraisals.
13.2.2. 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:
13.2.2.1. Education—Eligible employees who have completed a degree of approved
subjects at an accredited college or university will receive $25.00 per pay
period for an associate degree and $50.00 per pay period for an
undergraduate degree. The maximum amount of Education pay is fixed at
$50.00 per pay period.
13.2.2.2. Certification/License — Eligible employees who obtain a District approved
certification or license will receive $15.24 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$45.72 per pay period.
13.2.2.2.1. The overall maximum Development Pay for any combination of
education, certification and/or licenses is fixed at$95.72 per pay
period.
13.2.2.2.2. Grade V Pay — Employees who receive Grade V pay in
accordance with the applicable District policy are ineligible to
receive Development Pay for their Grade V California Wastewater
Treatment Plant Operator Certificate. Employees who possess a
Grade V Certificate and do not meet the criteria for Grade V Pay
are eligible for Development Pay in accordance with the
Development Pay Program Guidelines.
13.22.2.3. 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.
13.2.2.2.4. 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.
13.3. Salary Range Adiustments
13.3.1. Effective the first pay period in July 2019, employees under this Agreement will receive
salary range adjustments at a flat rate of 3.0%.
13.3.2. Effective the first pay period in July 2020, employees under this Agreement will receive
salary range adjustments at a flat rate of 3.0%.
13.3.3. Effective the first pay period in July 2021, employees under this Agreement will receive
salary range adjustments at a flat rate of 3.0%.
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ARTICLE 14. SEVERANCE PAY
14.1. Employees are expected to give a minimum of two (2) weeks written notification when terminating
employment with the District. Except for disciplinary cause,when a full-time employee is terminated by
action of the District, the employee will be notified in writing two (2) weeks prior to the effective
separation date. In the event the District does not give such notification,the employee will be entitled to
severance pay in accordance with the formula set forth below:
14.1.1. Full-time, regular employees will be entitled to eight (8) hours pay for each full calendar
month of continuous employment not to exceed one hundred sixty(160) hours pay.
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.
ARTICLE 15. DEFERRED COMPENSATION
15.1. Employees may participate in the District approved deferred compensation plan subject to IRS
requirements, and in accordance with all guidelines for voluntary participation established by District
management.
ARTICLE 16. HOLIDAYS
16.1. For the purpose of the District's business calendar,the days listed below are observed by the District as
holidays. Employees who are assigned to eight(8), nine(9)or ten (10) hour shifts, Monday through
Friday,will observe the holidays listed in Schedule A. Employees who are assigned to twelve(12)hour
shifts will observe the holidays as listed in Schedule B. Employees shall receive holiday pay if their
entire scheduled work shifts immediately preceding and following the holiday are in a paid payroll
status,meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts.
When an employee's work schedule requires that they work on an observed holiday, the employee
shall be paid at his/her regular rate of pay for the holiday,or receive an equivalent amount of Holiday
Compensatory Time Off if requested by December 31 of the prior year on the Holiday Comp Cashout
Form. Employees shall also receive premium pay at the rate of one and one half(1.5) times their
regular hourly rate for all hours actually worked. 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).
SCHEDULE A
HOLIDAY 2020 2021 2022
New Year's Day January 1 January 1 December 31
Lincoln's Birthday February 12 February 12 February 11
President's Day February 17 February 15 February 21
Memorial Day Ma 25 May 31 May 30
Independence Day July 3 July 5 July 4
Labor Day September 7 September 6 September 5
Veteran's Day November 11 November 11 November 11
Thanksgiving Day November 26 November 25 November 24
Day after Thanksgiving November 27 November 26 November 25
Day before Christmas December 24 December 23 December 23
Christmas December 25 December 24 December 26
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SCHEDULE A
HOLIDAY 2020 2021 2022
Floating Holiday See 16.2 See 16.2 See 16.2
SCHEDULE B
HOLIDAY 2020 2021 2022
New Year's Day January 1 January 1 January 1
Lincoln's Birthday February 12 February 12 February 12
President's Day February 17 February 15 February 21
Memorial Day Ma 25 May 31 Ma 30
Independence Day July 4 July 4 July 4
Labor Day September 7 September 6 September 5
Veteran's Day November 11 November 11 November 11
Thanksgiving Day November 26 November 25 November 24
Day after Thanksgiving November 27 November 26 November 25
Day before Christmas December 24 December 24 December 24
Christmas December 25 December 25 December 25
Floating Holiday See 16.2 See 16.2 See 16.2
16.2. Floating Holiday: Employees may elect one (1) day during each year as a "Floating Holiday". New
employees shall be granted a"Floating Holiday"on a pro-rata basis in the first calendar year of service
per the following table:
Hire Date Percent
ls'Quarter(January-March) 100%
2Rd Quarter(April-June) 75%
3"d Quarter(July-September) 50%
41"Quarter(October-December) 0%
16.3. Employees must use the"Floating Holiday"within the calendar 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.
ARTICLE 17. HOURS OF WORK
17.1. For record keeping and accounting purposes,the"workweek"for full-time employees is forty(40)hours
per 168-hour period,to be paid on a biweekly payroll basis of eighty(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),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 employees'workweeks
may vary but will be subject to a bid agreement based on seniority.The regular hours of work for each
shift will be consecutive and will be posted. Current practices regarding hours of work for Maintenance
personnel and meals for Operations personnel will continue. The regular hours of work for each shift
will be consecutive, divided only by normal breaks or rest periods. Work schedule and shift start and
stop times will not be adjusted to avoid payment of overtime.
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17.2. The District may, in accordance with Article 6—District Rights, change an employee's work schedule
and/or work location with a thirty(30)day written notice to the affected employee. The change will not
be made as a disciplinary action or to avoid payment of overtime. The thirty(30)day written notice will
not apply to shift changes pursuant to Article 49.
17.3. The last fifteen(15)minutes of an Employee's work shift will be designated as their cleanup period. If
the employee's work shift is extended,the fifteen(15)minute cleanup period shall occur at the end of
the extended period. Employees may not avoid the cleanup period and end their shift before its
scheduled ending time.
17.4. Employees will receive paid rest periods not to exceed ten(10)minutes no more than twice in an eight
(8), nine(9)or ten(10) hour shift or three(3)times for a shift of more than ten (10) hours. Each shift
will contain a minimum thirty (30)minute meal period for every six (6) hours of work. 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 his/her hours had been
changed, he/she will receive two(2) hours pay at the overtime rate.
17.5. Operations
17.5.1. For purposes of this Article, the day shift is defined as an assigned work shift of at least
seven(7)consecutive hours,between 0600 hours and 1800 hours. The night shift is defined
as an assigned work shift of at least seven (7)consecutive hours, between 1800 and 0600
hours.
17.5.2. Any employee who declares that an individual hardship exists should submit a request,to be
excluded from the twelve(12)hour workweek,to the Human Resources Department. Human
Resources will determine if there is a valid employee hardship,on a case-by-case basis,and
notify the Local 501 representative of the decision.
17.5.3. For the purposes of this Article, Cen-Gen Operators are included in this Unit.
17.5.4. Reopener: The District and the Group agree to reopen this Agreement to discuss the Power
Plant Operator job family and District proposals regarding Article 17.
17.6. Maintenance
17.6.1. Maintenance: Except where otherwise provided below, the official workweek for full-time
represented personnel in Maintenance will be forty(40)hours per week. The workweek will
consist of a four(4)consecutive day work schedule with ten(10)consecutive daily hours in a
workday with a one-half('/) hour unpaid lunch.
17.6.2. The workday will be 6:00 a.m. to 4:30 p.m. The workweek will begin on a Monday or a
Tuesday and end on the corresponding Thursday or Friday. All hours greaterthan 40-hours
in an individual's assigned workweek will be considered overtime and paid at one and one-
half(1.5)times the regular rate of pay.
17.6.3. Any employee who declares that an individual hardship exists should submit a request,to be
excluded from the 4/10 workweek,to the Human Resources Department. Human Resources
will determine if there is a valid employee hardship,on a case-by-case basis,and notify the
Local 501 representative of the decision.
17.6.4. Disputes over days off will be handled on the basis of seniority except when the District can
demonstrate a business necessity.
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/her normal work shift and left the work station;when prior notice is given
but the work begins on the same day at least three(3) hours after completion of the regular shift; or
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when an employee assigned to standby is actually called to work,the employee will receive a minimum
of three(3)hours of call back pay. The three(3)hour minimum,whether or not actually worked,will be
paid at the rate of one and one half(1.5)times the regular hourly rate.
18.2. The call back period shall begin when the standby employee has been informed by the District to return
to work. The call back period shall end when either the employee arrives at his or her residence or the
original destination; in either case, the employee must inform the District upon arrival.
18.3. If the call back period has ended and the employee is called back to work(whether within or outside of
the 3-hour minimum timeframe),a new call back period will be started and the employee will be eligible
for at least the 3-hour minimum call back pay.
18.4. If the call back period has not ended and the employee is called back to work(whether within or outside
of the 3-hour minimum timeframe), the call back period and associated pay will continue but the
employee will not be eligible for another 3-hour minimum call back pay.
18.5. Call back pay is applied per call back and not per work assignment or work order.
18.6. Call back work performed by employees on standby assignments is intended for activities that are
imperative and not routine in nature,as determined by the applicable on-duty Operations Supervisor or
designee.
18.6.1. In some instances, if call back work can be postponed for several hours, the Operations
Supervisor or designee will do so as a courtesy to the employee and to allow for the work to
be performed during daylight or day shift. For instance,a breakdown occurs at 3:00 a.m.but
work can be postponed a few hours so the standby employee can be called in at 6:00 a.m.
ARTICLE 19. STANDBY PAY
19.1. Treatment Plant: Standby is time during which an employee is not required to beat the work location or
at the employee's residence but is required to be available for immediate return to work. Each plant
maintenance craft may create a standby list of a minimum of three(3)employees. Standby lists shall
first be populated by volunteers. If,after allowing for volunteers,the standby list still does not meet the
three(3)employee minimum, OCSD shall populate the remaining vacant slots of the standby list by
means of reverse seniority within the division. Employees who volunteer or are mandated to be on the
standby list shall be competent, experienced,joumey level employees. Employees who are on their
initial probation shall not be eligible for standby.
19.1.1. Each craft may create additional standby lists if anticipated work requires a specific skill set
that may not be readily available on the existing standby list. If additional standby lists are
required, affected employees will be notified.
19.2. Collections System: 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. The
standby list for the Collections division will contain a minimum of six(6)employees;three(3)employees
for primary standby and three (3) employees for secondary standby. The standby list shall first be
populated by volunteers. If,after allowing for volunteers,the standby list still does not meet the six(6)
employee minimum, OCSD shall populate the remaining vacant slots of the standby list by means of
reverse seniority within the division. Employees who volunteer or are mandated to be on the standby
list shall be competent and experienced, having one(1)of the following:
a. at least eighteen (18) months of experience within the Collection Division, and be at a
Mechanic job classification level; or
b. at least four(4)years of experience within the Collections Division.
19.2.1. Employees who are on their initial probation shall not be eligible for standby.
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19.3. Employees shall not complete more than two(2)consecutive weeks of standby without a seven(7)day
break between standby assignments.
19.4. Employees on standby will be compensated at the rate of$500 per week.
19.4.1. Employees whose standby assignment include an OCSD recognized Holiday will be compensated
with two(2) hours of straight time pay.
ARTICLE 20. INSURANCE
20.1. The District will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period will be held annually.
20.3. Medical Insurance
20.3.1. The District will provide medical health insurance coverage through a Health Maintenance
Organization (HMO) medical insurance plan, a Preferred Provider Organization (PPO)
medical insurance plan, and a High Deductible Health Plan(HDHP).
20.4. Regular,full-time employees:
20.4.1. The Districtwill contribute 90%of employee only premiums forthe HMO medical health plans
and 80% of employee only premiums for the PPO medical health plan. The District will
contribute 80% for employee +1 dependent and full family premiums for the HMO or PPO
medical plans. Any change in insurance rates will be shared equally in same ratio as the
District and employees currently pay premiums. Before the renewal of any District's sponsored
health insurance plan, the parties agree to meet and confer as to changes in the plan.
20.4.2. The HDHP will be accompanied by a Health Savings Account (HSA) to pay for qualified
medical expenses. OCSD will use a portion of the cost savings in premiums to fund the HSA
accounts during active employment only.The HSA will be funded with the savings generated
annually by calculating the difference between the District's share of the PPO and HDHP
premiums. Exact HSA account funding will be calculated annually,prior to open enrollment, in
an amount up to the difference in deductibles, not to exceed the District's aforementioned
annual premium cost savings.
20.4.3. The District may reopen negotiations at any time during the term of the MOU to address the
impact of the Affordable Care Act(ACA),provided that no change may be made by the District
unless such change is either(1) mandated by the ACA or, (2) mutually agreed upon by the
parties.
20.5. Group Insurance Premiums
20.5.1. Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
20.6. Life Insurance
20.6.1. The District will pay the full premium for$50,000 term life insurance on each employee.
20.7. Short Term Disability
20.7.1. The District will 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.
20.8. Long Term Disability
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20.8.1. The District will provide a non-work related, long-term disability indemnity plan that pays two-
thirds of the employee's rate of pay in effect at the time of such disability, not to exceed$5,000
per month,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.
20.8.2. For participants age 64 and younger,the maximum period of payment is based on the Social
Security Act retirement age of 65. For participants age 65 and older,the maximum period of
payment is specked. The specified periods and additional information about coverage is
included in the District's long-term disability plan contract accession on the intranet.
20.8.3. No combination of disability or sick leave pay will result in more than an employee's regular rate
of pay. Employees may not receive short-term and long-term disability benefits at the same
time. An employee who is otherwise not eligible for District paid Long Term Disability may
purchase such coverage at his or her own expense.
20.9. Dental Insurance
20.9.1. The District will contribute 80% of employee only and 80% of full family premiums for dental
insurance.
20.10. Vision Insurance
20.10.1. The District will provide a vision insurance plan for regular,full-time employees and eligible
dependents.
20.11. Retiring Employees
20.11.1. The District will pay, for employees hired prior to July 1, 1988, two and one-half(2.5)
months' premium for each year of continuous service of a retiring employee towards the
premium costs of coverage for the employee and eligible dependents under the District's
medical plan.
20.11.2. In the event the District adds additional optional insurance plans,the District's share of the
premium will be the same as for existing plans as set forth above. In the event the District
changes underwriters for existing insurance plans, the District's share of the premium will be
the same as for existing insurance plans as set forth above.
20.11.3. The District will continue to implement the retiree medical health premium offset program
wherein the cost of health premiums are offset by ten dollars($10)per month for every full year
of continuous service up to a maximum of 25 years or two hundred fifty dollars ($250) per
month.
20.12. Health Retirement Account (HRA) Reopener: The District and the Group agree to reopen this
Agreement to discuss HRA plan design and funding mechanism options, including District and/or
employee funding, understanding the District is not making any commitment to District funding.
ARTICLE 21. REIMBURSEMENT ACCOUNT
21.1. Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their
portion of the cost of benefits under the Plan through salary redirection arrangements. The options
available under the flexible benefits program are listed below. This is a brief overview of the different
options. For complete information regarding Flexible Spending Accounts employees must refer to the
plan booklet available in the Human Resources Department.
21.2. Medical Care Reimbursement Account
21.2.1. The purpose of this account is to provide a method through which the employee can
accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of
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reimbursing himself/herself for payment of health care costs not otherwise covered by his/her
medical insurance.
21.3. Dependent Care Assistance Account
21.3.1. The purpose of this account is to provide a method through which the employee can
accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of
reimbursing himself/herself for childcare expenses or day care for a disabled dependent.
ARTICLE 22. OVERTIME
22.1. Employees will 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 will attempt to evenly distribute overtime
among employees based upon an employee's ability to perform the overtime work. Forthe purposes of
overtime calculation,all time charged to unscheduled leave will not be counted as time worked. Pay for
overtime will not occur until after work time(which includes scheduled leave) of forty (40) hours in a
seven (7)day workweek is reached.
ARTICLE 23. PROBATIONARY PERIOD
23.1. All new employees and employees who are reassigned or laterally transferred serve an initial
probationary period beginning with the date of hire, reassignment or transfer and extending to at least
the first day of the pay period following six (6) months 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 employee's capability to meet performance expectations for
a position, and thus the time spent on such leaves will not be included towards completion of the
probationary period and may result in an extension.
23.2. All new employees who are hired in apprenticeship and/or trainee positions shall serve an initial
probationary period beginning with the date of hire and extending to at least the first day of the pay
period following the complete period of training for the position,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 employee's capability to meet performance expectations for a
position, and thus the time spent on such leaves will not be included towards completion of the
probationary period and may result in an extension.
23.3. Employees who are rehired following a break in service must complete a new probationary period
whether or not one was previously completed. An employee may be released during his/her
Probationary Period at the discretion of the District without recourse to the Grievance Procedure.
ARTICLE 24. PROMOTIONS
24.1. A promotion is the appointment of an employee to another classification with a higher maximum rate of
pay. The District will determine whether a vacant position will be filled as an open or promotional
opportunity or recruitment. Whenever the District intends to fill a position by promotion,the District will
post the opportunity for a minimum often(10)business days. Employees must apply during the period
of posting. Notices will be posted on the District's intranet.
24.2. A promoted employee will serve a promotional probationary period lasting at least until the first day of
the pay period six (6) months after the effective date of the promotion. At any time during the
promotional probationary period, an employee may be returned to his/her previous position. If the
employee does not pass the probationary period, the District shall return the employee to his or her
previous position or an equivalent 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
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employee is promoted during his/her initial probationary period,the period will be extended until at least
the first day of the pay period six(6) months after the effective date of the promotion.
24.3. Promoted employees will receive the equivalent of a one(1)step increase in pay, not to exceed the top
of the range for the new classification or the minimum rate of the new classification whichever is
greater.
ARTICLE 25. RETIREMENT
25.1. The District will continue participation in the Orange County Employees Retirement System(OCERS),
wherein all full-time employees 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 September21, 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.
25.1.2. Employees hired on or after September 21, 1979 and before July 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 towards
the employee's contributions to OCERS.
25.1.3. Employees hired on or after July 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 contributions 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.
25.1.5. All monies actually contributed into the retirement system by an employee will be deducted
from gross salary for taxation purposes in accordance with Internal Revenue Code provisions.
ARTICLE 26. SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of fifty percent (50%) or more of the
hours between 6:00 p.m.and 6:00 a.m.and who actually work that shift will receive a shift differential of
$3.00 per hour.
ARTICLE 27. LEAVE-OF-ABSENCE WITH PAY
27.1. Personal Leave
27.1.1. Personal leave is provided to allow employees time off with pay for vacation,personal business
and illness or injury. Personal leave is accrued by full-time employees for all paid hours,
including hours actually worked and hours in a paid-leave payroll status,on a biweekly basis as
follows:
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Years of Service Hours- Hours-
Biweekly Annual
In years 0 through 1 3.08 80
In years 2 through 4 5.38 140
In years 5 through 10 6.92 180
In year 11 7.23 188
In year 12 7.54 196
In year 13 7.85 204
In year 14 8.15 212
In year 15 8.46 220
In year 16 8.69 226
In year 17 8.92 232
In year 18 9.15 238
In year 19 9.38 244
In year 20 and over 9.62 250
27.1.2. When unpaid absences occur, personal 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.
27.2. Scheduled Time Off
27.2.1. Management will make reasonable effort,considering the operational needs of the District,to
accommodate all employee requests for time off. Scheduled time off should normally be
requested at least two (2)weeks in advance to increase the likelihood of those dates being
approved.
27.2.2. Employees with at least one(1)year's service must request and take at least forty(40)hours
off each year.
27.2.3. Supervisor absences will not affect an employee's ability to schedule time off unless the time
off request is submitted within two(2)weeks of the date requested.
27.2.4. Requests for time off that are submitted beyond six(6) months shall not be approved unless
the request is for at least one(1)week in duration. These requests shall be approved based on
seniority. Requests for time off that are less than one(1)week in duration must be submitted
within six(6)months of the date requested. Time off requests that are submitted within six(6)
months shall be approved on a first-come,first-serve basis based on staffing requirements.
Excessive single or partial day requests for time off may be cause for denial if the absence(s)is
found to negatively impact the effectiveness of work teams, scheduling of work,training, and
the ability to take multiple days off by other staff.
27.2.5. Full-day time off requests with less than twenty-three (23) hours' notice shall be considered
unscheduled. All other time off requests, including partial day time off requests, must be
requested in accordance with the provisions of this Article and may be considered scheduled at
management's discretion based on business needs.
27.3. Unscheduled Time Off
27.3.1. Personal leave provides income protection to an employee unable to work due to illness,injury
or pregnancy, caring for an ill or injured member of his/her immediate family or other personal
emergency. Unscheduled time off must be accounted for by completion of an Unscheduled
Time Off Report upon the employee's return to work. It is the responsibility of District's
management to control the potential abuse of unscheduled time off privileges. Tardiness less
than fifteen (15) minutes will not be deducted from the employees pay, but numerous
occurrences will be addressed through the progressive discipline procedures. Employees who
are more than fifteen (15) minutes tardy to work must use accrued time off to offset the time
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away from work. Tardiness of more than fifteen(15)minutes may be considered unscheduled
time off based on excessive occurrences.
27.3.2. Employees must notify their supervisor prior to the start time of their shift when they are unable
to report to work.Any absence that is requested within twenty-three(23)hours of the start of an
employee's work schedule, excluding protected leaves of absence and bereavement leave,
shall be considered unscheduled time off.
27.3.3. An employee's attendance record will be reviewed with an employee after five (5) separate
occurrences of unscheduled time off to provide an opportunity to assess problems that could
potentially lead to disciplinary action. The accumulation of the sixth (61h) and seventh (71h)
occurrence within a twelve (12)month period will result in a verbal warning. The eighth (8t')
occurrence will result in a written warning. Employees who are charged with ten (10)
occurrences of unscheduled time off within a calendar twelve(12)month period will be subject
to termination. A rolling (12) month calendar period will be utilized to measure absence
occurrences.A"rolling"twelve(12)month calendar period is measured backward from the date
the employee uses the leave.Absences of multiple consecutive days involving the same injury
or illness will be considered a single occurrence. The District also has the right to discipline
employees on the basis of total absences away from work.
27.3.4. Employees returning from an extended leave should notify their supervisor as soon as possible
to facilitate personnel scheduling.
27.3.5. 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 unscheduled
absences of ten(10)consecutive 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.
For absences of one(1)or more working days in an unpaid status, a request for leave and a
medical statement on prescribed forms, stating expected date of return must be submitted to
Human Resources.
27.4. Personal Leave and Workers'Compensation Leave
27.4.1. Employees who are injured in the course of their employment are placed on Workers'
Compensation Leave, and receive wage loss benefits to which they are entitled under the
Workers'Compensation Act. Employees may request to receive prorated Personal Leave pay
to supplement their Workers'Compensation payments in an amount such that the sum of both
is equal to the employee's regular base pay.
27.5. Personal Leave Payoff
27.5.1. Employees who terminate,retire or decease will be paid in full at their current rate of pay for all
Personal Leave hours accrued.
27.6. Maximum Accrual
27.6.1. Employees may have a maximum accumulation of four hundred forty(440)hours of personal
leave as of the last day of the final pay period in December of each year. In the event an
employee accrues personal leave in excess of four hundred forty(440)hours,it must be used
prior to said December date. All other remaining hours in excess of four hundred forty(440)
will be paid to the employee in the first pay period in January at the employee's then current
hourly rate of compensation.
27.7. Sick Leave Bank
27.7.1. Employees who elected to bank sick leave accrued prior to the implementation of Personal
Leave provisions may elect to use such time off for absence due to a bona fide illness,injury or
pregnancy;to attend to the illness or injury of an immediate family member,or,for an employee
who is a victim of domestic violence, sexual assault,or stalking,for the purposes described in
Labor Code sections 230(c)and 230.1(a). Employees who retire or decease will be paid at the
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fifty percent (50%) rate for all banked sick leave hours; an employee who terminates will be
compensated for banked sick leave as follows:
Banked Sick Leave Rate of Payoff
Hours
0—100 0 percent
101 —240 25 percent
241 —560 35 percent
Over 560 50 percent
27.7.2. If the need for leave is due to the employee's own serious health condition, as defined in the
Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), the
certification requirement will comply with the provisions of these Acts.
27.8. Jury Duty Leave
27.8.1. Any full-time employee,including probationary,who is called forjury duty shall be entitled to his
or her regular pay for those hours of absence due to performance of jury duty for a period up to
twenty-two(22)working days.
27.8.2. 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.
27.8.3. Employees who work other than the day shift who are called forjury duty will be considered on
day shift for the duration of their jury service for purposes of this provision. If a portion of that
shift should fall on a weekend or other day the employee is not required to be present in court,
the employee will be expected to work.
27.8.4. A copy of the jury notice must be provided to the employee's supervisor. Employees must
report for work during their regularly scheduled work shift when they are relieved from jury duty,
unless there is less than one-half('/)of their regular shift remaining.
27.9. Witness Leave
27.9.1. 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/her presence as a witness,except in a matter wherein
he/she is named as a defendant or plaintiff or as an expert witness,will, upon approval of an
online time off request, be entitled to 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.
27.9.2. An employee so subpoenaed must submit a copy of the subpoena to his/her supervisor and
complete an online time off request form in order to be eligible for pay for such absence. To be
entitled to receive regular pay for such witness leave,the employee must report for work at the
District for time not actually retained on witness service of one(1)hour or more prior to and/or
upon completion of each day's service, exclusive of travel time.
27.10. Military Leave
27.10.1. A request for military leave will be made upon leave-of-absence forms approved by the
Human Resources Department and will state the date when it is desired to begin the leave-of-
absence and the date of anticipated return. A copy of the orders requiring such military service
will be submitted with the request.
27.10.2. Provisions of the Military and Veterans Code of the State of California,Sections 395-395.5
will govern military leave. In general, current law provides that an employee having one (1)
year or more service with a public entity is entitled to military leave with pay not exceeding thirty
(30) days per year if the employee is engaged in military duty ordered for purposes of active
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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.
27.11. Bereavement Leave
27.11.1. Any full-time employee,whether probationary or regular,will receive a maximum of thirty-
six (36) hours of paid time for the death or funeral of an immediate family member.
Bereavement leave shall be used within six (6) months of the death of the immediate family
member. Immediate family member is defined as the employee's father,step-father,father-in-
law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband,
wife, domestic partner, biological child, adopted child, step-child, child of a domestic partner,
grandchild, grandparent,foster parent,foster child,legal guardian,or any family member with
whom the employee resides. Employees must submit an online time off request form for
approval by their supervisor.Employees may be required to furnish evidence satisfactory to the
District of the family member's death and the employee's relationship to the deceased family
member. Employees may submit requests for bereavement leave after the six(6) months to
the Director of Human Resources or designee, who has the discretion to grant or deny such
requests. Any denial of a request for the use of bereavement leave after the designated six(6)
months is not grievable or otherwise subject to appeal.
ARTICLE 28. LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of the District to grant employees leaves-of-absence without pay under certain
circumstances and in accordance with state and federal benefit entitlement laws. Except as stated
below,employees will not receive compensation during an unpaid leave-of-absence.Employees will not
be granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding
employees protected by PDL (Pregnancy Disability Leave)/FMLA (Family and Medical Leave
Act)/CFRA(Calffomia 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.
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 will 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. Personal leave accruals may be used for the care of the employee's father,step-father,father-
in-law, mother,step-mother,mother-in-law,brother,step-brother,sister,step-sister, husband,
wife,domestic partner, biological child,adopted child,step-child,foster child, legal ward,child
of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any family
member with whom the employee resides.
28.4. Permissible Uses
28.4.1. FMLA Leave. FMLA Leave may be used for:
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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, registered
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 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 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 will run concurrently with FMLA Leave.
28.4.2.2. CFRA Leave may not be used for 1)an employee's incapacity due to pregnancy,2)
leave due to a qualifying exigency, or 3)to care for a family member or next of kin
with a serious injury or illness incurred in the line of duty. However, incapacity due to
pregnancy may entitle an employee to up to four(4)months of pregnancy disability
leave under Califomia's Pregnancy Disability Leave(PDL) law.
28.5. General Provisions
28.5.1. Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable, the District requests thirty (30) days'
advance notice.
28.5.2. Medical Certification
28.5.2.1. As a condition of FMLA or CFRA Leave because of a serious health condition, the
District may require certification by the employee's attending physician in
accordance with the Department of Labor(DOL) regulations.
28.5.3. Medical and Dental Premiums
28.5.3.1. During FMLA and CFRA Leave,the District will pay for medical and dental benefits
at the same level as coverage would have been provided if the employee was not on
leave. The employee will be required to pay his or her share of medical and dental
premiums.Failure to submit a monthly co-payment,in full,within forty-five(45)days
of the invoice date will result in loss of group coverage. Coverage will be reinstated
upon return to active employment.
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28.5.4. Reinstatement
28.5.4.1. Upon expiration of FMLA or CFRA Leave, the employee will be reinstated to the
same or a comparable position unless the employee would not otherwise have been
entitled to that position for reasons unrelated to such leave(e.g., lay-off), in which
case the District's obligation to continue health and dental or other benefits will
cease.
28.5.5. District Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave. Married employees will be limited to a combined total of twelve(12)
weeks FMLA or CFRA Leave in a rolling twelve(12)month calendar period for the
care of a parent or newly born or placed child.
28.5.5.2_ CFRA Leave. Married employees and employees in domestic partnerships will be
limited to a combined total of twelve(12)weeks CFRA Leave in a rolling twelve(12)
month calendar period for the care of a newly born or placed child.
28.5.6. General Leave
28.5.6.1. Employees who have exhausted all paid time off accruals may request to be granted
a general leave-of-absence by District management to attend to personal matters or
for FMLA or CFRA qualifying events after the expirations of previously authorized
leave.
28.5.6.2. During a general leave-of-absence, the employee will be required to pay both the
District's and the employee's share of medical and dental premiums.
28.5.6.3. Failure to submit a monthly co-payment, in full, within forty-five (45) days of the
invoice date will result in loss of group coverage. Coverage will be reinstated upon
return to active employment.
28.5.7. Return to Work Policy
28.5.7.1. An employee who has been absent from work due to a medical reason may be
subject to a Return-to-Work medical evaluation.
28.5.7.2. If it is determined that the job demands of the position last held by the employee are
not compatible with the employee's restrictions(with reasonable accommodation if
the employee is disabled within the meaning of the ADA/FEHA)and the employee is
willing to return to work, placement in an alternative position, if available, will be
considered. The employee will be re-classified as medically disqualified while
alternative positions are being considered. Such time off will be without pay;
however,the employee may elect to use accrued leave hours,such as vacation,sick
or personal,to receive compensation. Placement of an employee in an alternative
position requires a pre-placement medical evaluation for the alternative job.
28.5.7.3. If it is determined that the job demands of the position last held by the employee are
not compatible with the employee's restrictions (and cannot be reasonably
accommodated if the employee is disabled within the meaning of ADA/FEHA)and
there is not an alternative position,or the employee's restrictions are not compatible
with an alternative position, or the employee is not willing to return to work, the
employee will be re-classified as medically disqualified and not permitted to work.
Thereafter,the employee will be retired for disability, if eligible,or dismissed. Such
dismissal will not imply disciplinary action for cause. If requested,the employee's file
will indicate the employee left for personal reasons.
28.5.8. Bridge of Service
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28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is rehired to a position
within the District within one(1)year,the District will bridge the employee's service
date. Bridging of service procedures involve adding the total number of days away
from work to the employee's original date of hire.
28.5.9. Failure to Return to Work
28.5.9.1. If, upon the expiration of FMLA or CFRA Leave, or any District-approved extension
thereof including General Leave, an employee fails to return to work and no
additional leave has been authorized, the employee will be considered to have
automatically resigned from his/her position. In such cases, the employee will
receive advance notification of the District's intent to implement an automatic
resignation.
28.5.10. Compliance with Law
28.5.10.1.These leave-of-absence provisions will be interpreted and applied in a manner that is
consistent with the provisions of FMLA,CFRA,ADA and all other laws. In the event
there is a direct conflict between these provisions, as written or applied, the
provisions of law will govern.
ARTICLE 29. CLASSIFICATION STUDIES
29.1. 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 1 st 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.
29.1.1. All classification study findings regarding existing classifications are subject to approval by the
General Manager; findings recommending a new job classification range are subject to
approval by the District's Board of Directors.The recommendations of the classification study
will be implemented in the first pay period immediately following the completion of the study
unless the recommendations require action by the Board of Directors prior to implementation.
In such event, the recommendations will be implemented in the first pay period immediately
following authorization by the Board.
29.2. Y-Rating
29.2.1. In the event the duties and responsibilities of a position are allocated to a lower paid
classification,the salary of the incumbent of that position will remain unchanged.
29.2.2_ Y-rating will be granted for all reclassifications where employees are working in a job
classification with a lower maximum rate of pay.
29.2.3. The Y-rate will remain in effect until the salary range for the new classification equals or
exceeds the employee's Y-rated salary. Employees become eligible for merit increases and
range adjustments when the Y-rate is no longer in effect.
29.2.4. Career Chance — Operator-in-Training: Y-rating will occur when an existing employee is
selected as a candidate for an Operator-in-Training classification when the employee's hourly
rate is higher than the applicable hourly rate for the Operator-in-Training classification. The Y-
rating shall begin with the effective date of the new classification and continue for eighteen(18)
months. The employee must obtain a Grade I Plant Operator certificate within this eighteen
(18)month period. The employee will serve a probationary period for the first six(6)months of
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this eighteen (18) month period. If the employee does not obtain a Grade I Plant Operator
certificate or does not pass probation,the employee will be returned to his/her prior position or
an equivalent position.
29.2.5. Career Change— Power Plant Operator I: Y-rating will occur when an existing employee is
selected as a candidate for a Power Plant Operator I classification when the employee's hourly
rate is higher than the applicable hourly rate for the Power Plant Operator I classification. The
Y-rating shall begin with the effective date of the new classification and continue for twenty-four
(24)months. The employee will serve a probationary period for the first six(6)months of this
twenty-four(24)month period. If the employee does not pass probation,the employee will be
returned to his/her prior position or an equivalent position.
29.3. Classification Adjustment Reopener: The District and the Group agree to reopen this Agreement to
discuss the salary range for the Mechanic series and if it should be adjusted consistent with the salary
range for Instrumentation/Electrical Technician I and Il.
ARTICLE 30. DRIVER'S LICENSE
30.1. Employees who are required by the District to drive must notify their supervisor and the Risk
Management Division immediately upon receipt of any suspension or revocation of their California
Driver's License privileges. Failure to do so could result in disciplinary action up to and including
separation.
30.2. If an employee whose license is suspended or revoked and is thus unable to perform his/her regular
duties and responsibilities notifies the District in a timely fashion,an attempt will be made to place the
employee in an equal or lower level position for which he/she is qualified. Placement in the range of the
new classification is subject to District's management discretion.
30.3. The District will continue to pay the license renewals and physical examination costs of Class A& B
licenses that are specifically required by the District.
ARTICLE 31. LAYOFF PROCEDURE
31.1. Nothing herein will 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. If,in the sole discretion of District's management,personnel reductions are necessary,layoff order and
recall lists will be developed based upon job classification, priority of function, job performance,
individual qualifications and seniority. Local 501 and employees subject to layoff will be provided with at
least two(2)weeks notification in writing whenever possible.
31.3. Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such request must be made in writing to the Human
Resources Department within five(5)days of receipt of the Layoff Notice. The salary of an employee
who voluntarily demotes will be unchanged, except that it may not exceed the top of the range for the
lower level classification.
31.4. Recall lists will be developed for all classifications experiencing personnel reductions, and will be
maintained for a period of two(2)years from the date of layoff. Individuals will be placed on the list in
the inverse order of layoff,so that the last person laid off is the first recalled. When a vacancy occurs in
a classification for which a Recall list exists,an offer of reemployment will be made to the individual on
the top of the list. That individual must respond to the offer within five(5)days,or the offer will be made
to the next person on the list. An individual who either does not respond or refuses three (3)
consecutive offers will have his/her name removed from the list.
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31.5. All notification and responses must be in writing and delivered either in person or by Certified Mail. It is
the responsibility of all employees to keep the Human Resources Department informed of their current
address,or where they may be contacted.
ARTICLE 32. LIGHT DUTY
32.1. An employee who is released by a physician to perform limited duties because of a temporary disability
may be assigned to light duty at the discretion of the District.Light duty may consist of duties other than
those normally performed by the employee and that are within the employee's medical restrictions. An
employee assigned to light duty will be paid the regular wage rate for the job classification to which he
or she was assigned prior to being temporarily disabled.
ARTICLE 33. MEDICAL EXAMINATION
33.1. When there is reasonable evidence to suggest that an employee is impaired in a manner that
endangers his/her own health or safety, or that of others,the District may require that employee to be
examined or evaluated by a health care provider. The purpose of such examination must be job
related. Any examination under this provision will be conducted on District's time and at District's
expense. An employee may submit an independent medical opinion regarding his/her condition and
addressing his/her ability to competently perform the duties of the position. This information will be
reviewed and considered by a competent medical authority in arriving at a decision regarding the
individual's continued employment in the position.
ARTICLE 34. MILEAGE ALLOWANCE
34.1. Approved use of a personal vehicle for District business will be reimbursed at the current IRS rate.
ARTICLE 35. ACTING PAY
35.1. Employees who are assigned by District's management to perform the duties of a budgeted position at
a higher level for a period of at least forty (40) consecutive hours in a pay period will be eligible for a
one(1)step salary increase,or the first step of the range for the higher level classification,whichever is
greater. The higher rate of pay begins with hour forty-one(41)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 pre-approval
of the employee's Department Director and the Director of Human Resources,or designee(s). The forty
(40) hour eligibility period may be waived at the discretion of the General Manager.
35.2. Substitution Pay
35.2.1. Employees in the Operations and Maintenance Departments who are assigned by District's
management to perform the duties of an absent Supervisor shall be eligible for Substitution Pay
which shall begin with the first hour of assignment.
35.3. Operations
35.3.1. If a Lead Plant Operator or Senior Plant Operator is assigned to perform the work of an
Operations Supervisor because of the absence of the regularly assigned Operations Supervisor
and the unavailability of an alternate Operations Supervisor for an entire shift,the Lead Plant
Operator or Senior Plant Operator will be paid equal to a one(1) step salary increase or the
first step of the Operations Supervisor pay range,whichever is greater.
35.4. Maintenance
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35.4.1. If an employee in any of the "Lead" classifications is assigned to perform the work of a
Maintenance Supervisor because of the absence of the regularly assigned Maintenance
Supervisor and the unavailability of an alternate Maintenance Supervisor for a period of at least
two(2)weeks,the"Lead"worker will be paid equal to a one(1)step salary increase or the first
step of the Maintenance Supervisor pay range, whichever is greater.
ARTICLE 36. PERFORMANCE REVIEWS
(This Article intentionally left blank. Information related to performance reviews is included in Article 13.)
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/her file current, including home address,telephone number and person to
contact in an emergency.
ARTICLE 38. BULLETIN BOARDS
38.1. Local 501 may use the bulletin boards located at Plant 1 (10844 Ellis Avenue, Fountain Valley, CA
92708)and Plant 2(22212 Brookhurst Street, Huntington Beach, CA 92646)which are designated for
use by employee groups to post notices to the District employees provided that: (a) no controversial
matter which is critical or derogatory of the District, its employees,officers or Directors may be posted;
(b) nothing posted by the District may be removed; (c) Local 501 will remove its notices after a
reasonable length of time; and (d) only a reasonable number of notices will be posted.
ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1. A maximum of six(6)employees covered by this Agreement and appointed by Local 501 will be granted
reasonable release time for attending meet and confer sessions at the bargaining table. Release time
will not be compensated for any hours that exceed the employee's regularly scheduled hours of work.
39.2. Local 501 will 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 process. Release time will
be limited exclusively to the six (6) employees. The release time will be granted provided that the
needs of the District permit the time away from assigned work.
ARTICLE 40. USE OF DISTRICT FACILITIES
40.1. District facilities may be used by Local 501 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. Local 501 agrees to pay for the cost of any additional custodial or security
services.
ARTICLE 41. SCOPE OF BARGAINING
41.1. The District and Local 501 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 Local 501,for the term of
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this Agreement,except as otherwise provided herein,each voluntarily and unqualifiedly waive the right,
and each agrees that the other will not be obligated to bargain collectively with respect to any subject or
matter contained in this Agreement.
ARTICLE 42. IMPASSE PROCEDURES
42.1. If either the District or Local 501 declares that an impasse exists in the meet and confer process,the
party so declaring may initiate the impasse procedure by providing the other party with a written request
for an impasse meeting,together with a statement of its position on all issues. An impasse meeting will
be scheduled and held between the parties within fourteen(14)calendar days or as soon as practicable
to:
42.2. Review the position of the parties in a final effort to reach agreement on a memoranda of
understanding, and
42.3. If the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined
herein.
42.4. Impasse procedures are:
42.4.1. Mediation: If the parties mutually agree to submit the dispute to the State Mediation and
Conciliation Service all mediation proceedings will be private and as soon as practicable. The
mediator will make no public recommendation, nor take any public position at any time
concerning the issues.
42.4.2. Fact-Finding: Whether the parties submit the dispute to mediation or not, Local 501 may
request that the parties'differences be submitted to a factfinding panel as soon as practicable.
The cost of a fact finder and other mutually incurred costs will be mutually shared by the District
and Local 501.
42.4.3. Board Actions: If the parties fail to resolve the impasse,the dispute will be sent to the District's
Board of Directors for resolution. Each party will submit its written proposal on all issues to the
Board. The Board may take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse will be final and binding.
ARTICLE 43. SEVERABILITY
43.1. Notwithstanding any other provisions in this Agreement, in the event that any Article, Section or
Subsection of this Agreement will be declared invalid by any court or by any State or Federal law or
regulation, or should a decision by any court or any State or Federal law or regulation diminish the
benefits provided by this Agreement, or impose additional obligations on the District, the District and
Local 501 will meet and confer on the affected Article, Section or Subsection. In such event,all other
Articles, Sections or Subsections of this Agreement not affected will continue in full force and effect.
ARTICLE 44. UNIFORMS
44.1. The District will provide and maintain twelve(12)uniform pants and shirts,which may include the name
of the employee and District's seal, at no cost to appropriate personnel.
44.2. The District will also provide each field employee with one(1)jacket. The District will provide for the
cleaning of the jacket, and will determine when the jacket needs to be replaced.
44.3. District's management may establish speck appearance guidelines. All employees who are issued
uniforms must wear them during the performance of their regular duties. Failure to wear required
clothing, shoes and safety equipment may be cause for disciplinary action.
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44.4. Employees covered by this Agreement shall receive a safety boot allowance in the amount of$225
at the beginning of each fiscal year.
ARTICLE 45. SUBSTANCE ABUSE POLICY
45.1. The District's Drug and Alcohol 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
underthe 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 will deduct from each regular paycheck and remit to Local 501 the dues, initiation fees
and assessments for each employee who 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 will provide Local 501 a quarterly list of the names of employees for whom it has made
deductions, the names of new employees, and the names of employees who have terminated.
ARTICLE 47. UNION DUES
47.1. Legislative Authority
47.1.1. The parties mutually understand and agree that in accordance with California Government
Code Sections 3500, et.seq., all full-time Unit employees represented by the International
Union of Operating Engineers, Local 501 (hereinafter'Union")have the right to join or not join
the Union.
47.2. Union Dues
47.2.1. The Human Resources Department shall provide all current employees and any employees
hired thereafter with notice advising them that the District has entered into a memorandum of
understanding with the Union,and that all employees within the Bargaining Unit are subject to
the Agreement.
47.2.2. The Union shall submit to the District a certified list of employees of whom to deduct monthly
Union Dues from. If an employee's membership status changes, the Union shall notify the
District via amendment to the certified list. The effective date of Union dues shall begin no later
than the first full pay period after receipt of the certified list from the Union. The monetary
amount of Union Dues shall be set by the Union. In the event of a change to Union Dues,the
Union shall notify the District of the adjusted amount.
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47.2.3. The employee's earnings must be sufficient after the other legal and required deductions are
made to cover the amount of the dues authorized. When an employee is in a non-pay status
for an entire pay period, no withholding will be made to cover the pay period from future
earnings. In the case of an employee in a non-pay status only during part of the pay period,
whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the
case of an employee who is receiving catastrophic leave benefits during a pay period, no
deductions shall be made. In this connection,all other legal and required deductions(including
health care and insurance deductions) have priority over Union dues and services fees.
47.3. Indemnification
47.3.1. The Union shall indemnify, defend and hold the District harmless against any liability arising
from any claims, demands, or other action relating to the District's deduction of Union Dues,
including claims relating to the Union's use of monies collected under these provisions. The
District reserves the right to select and direct legal counsel in the case of any challenge to the
District's deduction of Union Dues,and the Union agrees to pay any attorney,arbitrator or court
fees related thereto.
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 Unit, and Local 501 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. SHIFT CHANGES
49.1. The shift change provision is intended to provide an opportunity for employees to bid for open positions
based on their job knowledge, experience and seniority. An open position is considered an
unencumbered position, or vacancy, resulting from a transfer, promotion, separation, or retirement.
Shift changes will be handled on the basis of seniority except when the District can demonstrate a
business necessity.
49.2. Relief Operator
49.2.1. When Plant Operators,Senior Plant Operators or Power Plant Operator series are assigned to
Relief Operator positions,they will be entitled to$1.75 per hour premium.
49.2.2. Except in emergencies, an employee will be notified of a change in his/her work schedule at
least forty-eight(48)hours in advance of such change, preferably seven (7)calendar days in
advance of such change. In the event that notice is under forty-eight(48)hours,management
will first try to fill vacancy from the overtime list. Failure to fill from the overtime list will result in
payment equivalent to call back pay in addition to any pay received from the shift worked for
the Relief Operator.
49.2.3. It will be the intent of Management that relief employees will receive two(2)consecutive days
off and will only be subject to split days off when schedule changes occur.
49.3. Shift change-bidding procedure
49.3.1. The District will mail (email is acceptable) a Shift Change Request Form to employees in
appropriate classifications every six(6)months. Any employee who wishes to be assigned to
the same or a different shift,and who is qualified for that shift, may indicate his/her preference
for reassignment on the Shift Change Request Form. The Shift Change Request Form must be
returned within thirty (30) days for an employee to be placed on a shift bid list. The list of
requests will be used for a period of six(6)months to fill vacant positions. A new employee or
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a promoted employee may request through the Human Resources Department to be added to
the current list within two(2)weeks of his/her start date(new employee)or of being notified of
the promotion.
49.3.2. When the District intends to fill an open position, the following steps will be followed:
49.3.2.1. The District will notify the most senior employee on the Shift Change Request list of
the availability of the open position; however, the District may also notify the
employee that his/her work location may not be changed in accordance with Section
17.2. The District agrees that it will verbally notify the employee about the plant
connected with the shift.
49.3.2.2. Within two(2)business days of the shift change offer,the employee must notify the
District in writing (email is acceptable) of his/her decision to accept or reject the
position.
49.3.2.3. If the most senior employee rejects the position, the position will be offered to the
next most senior employee on the list.
49.3.2.4. The process will be repeated until the position is filled or the list is exhausted.
49.3.3. If an employee declines a shift change offer, or does not notify the Human Resources
Department within the two(2) business days, his/her name will remain on the list unless they
request in writing to have it removed. An employee who accepts a shift change offer will be
notified of the effective date of the shift change within seven (7)business days.
49.3.4. When an employee is awarded a shift bid, the employee shall begin the new shift within 30
days of accepting the bid.
49.4. Requests for urgency transfer
49.4.1. On occasion,an employee may wish to initiate a transfer to a different shift or plant in response
to a personal situation beyond his/her immediate control. Management will make a reasonable
effort to accommodate such requests, considering the operational needs of the District, in
accordance with the following guidelines:
49.4.2. The requirement to work any shift is considered an essential job function. An employee who
requests a transfer due to health reasons that are supported by competent medical findings will
be considered disabled and an effort will be made to explore reasonable accommodations. If
such accommodations cannot be made, or if the accommodation would result in an undue
business hardship on the District,the employee will have the option of remaining in the position
unless his/her presence would pose a threat to the safety and welfare of others.
49.4.3. Transfer requests for non-medically related reasons will be considered only when the health or
well being of the employee or a member of his/her immediate family is involved. In such
events,the transfer would normally be of a temporary nature and limited to the duration of the
emergency.
49.4.4. Employees who wish to submit a Request for Transfer must do so in writing to their supervisor.
The request should contain sufficient information to allow full consideration of the nature of the
emergency or medical condition, and include medical documentation.
ARTICLE 50. WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1. The District's Workplace Violence and Weapons Policy will apply to all Unit members.
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ARTICLE 51. RESIGNATION
51.1. Voluntary written termination of employment with the District is automatically deemed irrevocable after
seventy-two(72)hours from the receipt of the resignation except by approval of the Director of Human
Resources,or designee. The District may accept in writing any verbal orwritten resignation at any time
and deem such resignation irrevocable.
ARTICLE 52. OPERATOR CERTIFICATION
52.1. All employees assigned to the Lead Plant Operator,Senior Plant Operator,Plant Operator or Operator-in-
Training classifications will comply with the certification requirements of Chapter 4,Title 23,Subchapter
14 of the California Administrative Code. Failure to maintain a valid certificate will be grounds for
dismissal. This provision will not be subject to the Grievance Procedure.
52.2. The District will notify the Office of Operator Certification in writing within thirty (30) days of a final
disciplinary action resulting in suspension,demotion or discharge of a certified operator if the discipline is
the result of commission of any of the acts defined as grounds for discipline within the Operator
Certification Regulations.
52.3. As a condition of employment, newly hired Operator-in-Training employees who do not possess a
Certificate of Competence will apply for an Operator-in-Training Certificate and pay any applicable fee to
the State Water Resources Control Board and submit proof of such application to the Human Resources
Department within ten(10)business days of employment. Operators-in-Training who do not receive their
Grade I Certificate within three (3) years from their date of hire will be released from District's
employment. The District agrees to continue its current policy of reimbursing Operations and
Maintenance employees for required certifications upon receiving a passing score.
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SIGNATURE PAGE
2019-2022
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS,LOCAL 501
FOR THE
OPERATIONS AND /MAINTENANCE GROUP
Executed: �' �,
LOCAL 501 C5ura
GE COUNTY SANITATI N
(0,4 ICT
Edward J.C rly, Business anager Dro <alty, ,ead egot r
and Genera Vice Preside
Thomas O'Mahar,President Celia Chandler, Director of Human
—DeAe es, Busmes—s Laura Maravilla,Human Resources&
Representative Risk ager
Gilbert Barel hop Steward - Andrew Nau,Human Resources
Su or
Jas n S op Steward Thyg DeVries,Principal Human
Resources Analyst
S'd wrier, op Stephanie Barron, Senior Human
Resources Analyst
Luis ,Shop Steward
Erik Stratmoen bop. w4�ard
Aaron Suarez,Shop Steward
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9971531.1 OR040-032
EXHIBIT A
LOCAL 501 -OPERATIONS AND MAINTENANCE UNIT
Effective Effective Effective
Pay 5Jul-19 3Jul-20 2Jul-21
classification Grade MIN El I MIN MAX MIN MAX
Automotive/Heavy Equipmt Assistant L0053 $26.97 $32.78 $27.78 $33.76 $28.61 $34.77
Automotive/Heavy Equipmt Technician LOC67 $38.11 $46.33 $39.25 $47.72 $40.43 $49.15
Control Center Operator LOC60 $32.08 $38.99 $33.04 $40.16 $34.03 $41.36
Electrical Technician I LOC65 $36.29 $44.09 $37.38 $45.41 $38.50 $46.77
Electrical Technician II LOC71 $42.04 $51.12 $43.30 $52.65 $44.60 $54.23
Facilities Worker/Builder LOC62 $33.70 $40.95 $34.71 $42.18 $35.75 $43.45
Facilities Worker/Painter LOC62 $33.70 $40.95 $34.71 $42.18 $35.75 $43.45
Instrumentation Technician I LOC65 $36.29 $44.09 $37.38 $45.41 $38.50 $46.77
Instrumentation Technician II LOC71 $42.04 $51.12 $43.30 $52.65 $44.60 $54.23
Lead Electrical Technician LOC75 $46.44 $56.43 $47.83 $58.12 $49.26 $59.86
Lead Facilities Worker LOC66 $37.19 $45.21 $38.31 $46.57 $39.46 $47.97
Lead Instrumentation Technician LOC75 $46.44 $56.43 $47.83 $58.12 $49.26 $59.86
Lead Mechanic LOC71 $42.04 $51.12 $43.30 $52.65 $44.60 $54.23
Lead Plant Operator LOC75 $46.44 $56.43 $47.83 $58.12 $49.26 $59.86
Lead Power Plant Operator LOC75 $46.44 $56.43 $47.83 $58.12 $49.26 $59.86
Lead Welder/Fabricator LOC71 $42.04 $51.12 $43.30 $52.65 $44.60 $54.23
Machinist LOC68 $39.04 $47,46 $40.21 $48.88 $41.42 $50.35
Maintenance Worker LOC60 $32.08 $38.99 $33.04 $40.16 $34.03 $41.36
Mechanic LOC61 $32.86 $39.93 $33.85 $41.13 $34.87 $42.36
Mobile Crane Operator LOC67 $38.11 $46.33 $39.25 $47.72 $40.43 $49.15
Operator-In-Training L0058 $30.50 $37.09 $31.42 $38.20 $32.36 $39.35
Plant Operator LOC66 $37.19 $45.21 $38.31 $46.57 $39.46 $47.97
Power Plant Operator I LOC66 $37.19 $45.21 $38.31 $46.57 $39.46 $47.97
Power Plant Operator II LOC71 $42.04 $51.12 $43.30 $52.65 $44.60 $54.23
Reliability Maintenance Technician LOC75 $46.44 $56.43 $47.83 $58.12 $49.26 $59.86
Senior Mechanic LOC67 $38.11 $46.33 $39.25 $47.72 $40.43 $49.15
Senior Plant Operator LOC71 $42.04 $51.12 S43.30 $52.65 $44.60 $54.23
Welder/Fabricator LOC67 $38.11 $46.33 S39.25 $47.72 $40.43 $49.15
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