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HomeMy WebLinkAbout10-26-2016 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, October 26, 2016 Regular Meeting of the t 5:00 P.M. STEERING COMMITTEE Administration Building Conference Rooms A&B 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 AGEND0 CALL TO ORDER DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker's Form (located at the table at the back of the room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by the Chairman and are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: The Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve Minutes of the regular meeting of the Steering Committee held on September 28, 2016. 2. STRATEGIC PLAN UPDATE (Robert Ghirelli) RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Strategic Plan Update. 10/26/2016 Sleenag Committee Agenda Page 1 of 6 NON-CONSENT CALENDAR: 3. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE SUPERVISOR & PROFESSIONAL GROUPS (Celia Chandler) RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 16-21, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group (SPMG), for Fiscal Years 2016/2017, 2017/2018 & 2018/2019"; and B. Direct staff to finalize and sign the Memorandum of Understanding (MOUs) between Orange County Sanitation District and the two (2) SPMG bargaining units. 4. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE ORANGE COUNTY EMPLOYEES ASSOCIATION (Celia Chandler) RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 16-22, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Orange County Employees Association (OCEA) for Fiscal Years 2016/2017, 2017/2018 & 2018/2019"; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the three (3) OCEA bargaining units. 5. SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS — LOCAL 501 (Celia Chandler) RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 16-23, entitled, "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 2016/2017, 2017/2018 & 2018/2019"; and B. Direct staff to finalize and sign the Memorandum of Understanding (MOUs) between Orange County Sanitation District and the Local 501 bargaining unit. 10/26/2016 Sleenag Committee Agenda Page 2 of 6 INFORMATION ITEMS: None. CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chair may convene the Board in closed session to consider matters of pending real estate negotiations,pending orpotential litigation,or personnel matters,pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a)purchase and sale of real property,, (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives,or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. (1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 10950 Virginia Cir. Fountain Valley, CA -APN No.156-165-05; 10870 Spencer Ave. Fountain Valley, CA- APN No.156-163-07; 18475 Pacific St. Fountain Valley, CA—APN No. 156-163-08 18480 Pacific St. Fountain Valley, CA- APN No.156-165-04; 18430 Pacific St. Fountain Valley, CA- APN No.156-165-06; 18370 Pacific St. Fountain Valley, CA- APN No.156-165-08; 18429 Pacific St. Fountain Valley, CA- APN No.156-163-09; 18484 Bandilier Cir. Fountain Valley, CA—APN No. 156-163-06 18410 Bandilier Cir. Fountain Valley, CA-APN No.156-163-10; 18368 Bandilier Cir. Fountain Valley, CA-APN No.156-163-11; 10700 Spencer St. Fountain Valley, CA -APN No.156-163-16; 10700 Spencer Ave. Fountain Valley, CA - APN No.156-154-07; 18350 Mt. Langley St. Fountain Valley, CA - APN No.156-154-08; 18386 Mt. Langley St. Fountain Valley, CA - APN No.156-154-06; 18385 Bandilier Cir. Fountain Valley, CA-APN No.156-163-12; 18401 Bandilier Cir. Fountain Valley, CA-APN No.156-163-13; 18424 Mt. Langley St. Fountain Valley, CA - APN No.156-154-05; 18435 Bandilier Cir. Fountain Valley, CA-APN No.156-163-14; 18475 Bandilier Cir. Fountain Valley, CA-APN No.156-163-15; 10725 Ellis Ave. Fountain Valley, CA- APN No.156-154-04; and 10540 Talbert Ave. Fountain Valley, CA- APN No.156-151-03 Agency negotiators: General Manager, Jim Herberg; Director of Engineering, Rob Thompson; Engineering Managers, Kathy Millea and Jeff Mohr; CIP Project Manager, Wendy Sevenandt; Kevin Turner and John Gallivan, Cushman and Wakefield. 10/26/2016 steering Committee Agenda Page 3 of 6 Negotiating parties: Valley, Business Park, APN Nos. 156-165-05, 156-165-06, 156-163-07; DK-USA LLC, APN No.156-165-04; Fountain Valley Industrial Parcel 13, APN No.156-165-08; Bender Properties, APN Nos. 156-163-06, 156-163-08 Sukut Real Properties LLC, APN Nos. 156-163-09, 156-163-10, 156-163-11; The Ins Trust Shabtai, Nevon, APN No. 156-163-16; The Ins Trust, APN No. 156-154-07; K & A Investments LP, APN No. 156-154-08; Fountain Valley Star LLC, APN No. 156-154-06; TN Sheet Metal Inc., APN No. 156-163-12; 18401 Bandilier LLC, APN No. 156-163-13; Phone Lilly Lin-Lin TR, APN No. 156-154-05; JDK Partners, APN No. 156-163-14; Chandler Real Properties, APN No. 156-163-15; Ellis Avenue LLC, APN No. 156-154-04; and SFII Fountain Valley LLC, APN No. 156-151-03 Under negotiation: Instruction to negotiator will concern price and terms of payment. (2) CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: James Herberg, Robert Ghirelli Unrepresented Employees: Confidential Group: Clerk of the Board, Deputy Clerk of the Board, Human Resources Analyst, Human Resources Assistant, Human Resources Supervisor, Principal HRAnalyst, Secretary to the General Manager, and Senior Human Resources Analyst. (3) CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: James Herberg, Robert Ghirelli Unrepresented Employees: Managers Group: Contracts and Purchasing Manager, Controller, Engineering Manager, Environmental Compliance and Regulatory Affairs Manager, Environmental Lab & Ocean Monitoring Manager, Human Resources & Risk Manager, Information Technology Manager, IT Systems & Operations Manager, Maintenance Manager, and Operations Manager. 10/26/2016 Sleenag Committee Agenda Page 4 of 6 (4) CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representative: James Herberg Unrepresented Employees: Executive Managers Group: Assistant General Manager, Director of Engineering, Director of Environmental Services, Director of Finance and Administrative Services, Director of Human Resources, and Director of Operations and Maintenance. (5) CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representative: John Nielsen Unrepresented Employee: General Manager (6) CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4) Initiation of litigation (1 potential case as plaintiff) (7) CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4) Initiation of litigation (1 potential case as plaintiff) RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: To the Steering Committee meeting scheduled for Wednesday, November 16, 2016 at 5:00 p.m. 10/26/2016 Sleenag Committee Agenda Page 5 of 6 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore Clerk of the Board (714)593-7433 klore(a.ocsd.cem For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherberu(alocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(docsd.com Director of Engineering Rob Thompson (714)593-7310 rthompson6biocsd.com Director of Environmental Services Jim Colston (714)593-7450 icelston(Wocsd.com Director of Finance and Lorenzo Tyner (714)593-7550 Itvnerrglocsd.com Administrative Services Director of Human Resources Celia Chandler (714)593-7202 cchandleriBoosd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 10/26/2016 Steering Committee Agenda Page 6 of 6 ITEM NO. 1 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, September 28, 2016 at 5:00 p.m. A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Chair Nielsen on Wednesday, September 28, 2016 at 5:02 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: John Nielsen, Chair Jim Herberg, General Manager Greg Sebourn, Vice-Chair Bob Ghirelli, Assistant General Manager Keith Curry, Administration Committee Celia Chandler, Director of Human Chair Resources John Withers, Operations Committee Jim Colston, Director of Environmental Chair Services Tom Beamish, Member-At-Large Mike Dorman, Engineering Manager Lucille Kring, Member-At-Large Ed Torres, Director of Operations & David Shawver, Member-At-Large Maintenance Lorenzo Tyner, Director of Finance & COMMITTEE MEMBERS ABSENT: Administrative Services None Tina Knapp, Deputy Clerk of the Board Marc Brown Jennifer Cabral Al Garcia Randy Kleinman Laurie Klinger Mark Manzo Kathy Millea Jeff Mohr Andrew Nau Mickey Whitney OTHERS PRESENT: Brad Hogin, General Counsel Laura Kalty, Liebert Cassidy Whitmore PUBLIC COMMENTS: No public comments were provided. 09/28/2016 Steering Committee Minutes Page 1 of 3 REPORTS: Chair Nielsen did not provide a report. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the August 24, 2016 Regular Steering Committee Meeting. AYES: Beamish; Nielsen; Sebourn; Shawver; and Withers NOES: None ABSTENTIONS: Curry ABSENT: Kring NON-CONSENT CALENDAR: 2. GENERAL MANAGER'S FY 2016-2017 WORK PLAN (Jim Herberg) General Manager Jim Herberg indicated that the draft version of the General Manager's FY 2016-2017 Work Plan was presented to the Committee in August and the item before them is the final version. MOVED. SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the General Manager's FY 2016-2017 Work Plan. Beamish; Curry; Nielsen; Sebourn; Shawver; and AYES: Withers NOES: None ABSTENTIONS: None ABSENT: Kring CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54957.6. 54956.8 & 54956.9(d)(1): The Committee convened in closed session at 5:04 p.m. to discuss three items. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. 09/28/2016 Steering Committee Minutes Page 2 of 3 Director Kring arrived at 5:08 p.m. RECONVENED IN REGULAR SESSION: The Committee reconvened in regular session at 5:58 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 6:00 p.m. to the next Steering Committee meeting to be held on Wednesday, October 26, 2016 at 5:00 p.m. Submitted by: Tina Knapp Deputy Clerk of the Board 09/28/2016 Steering Committee Minutes Page 3 of 3 STEERING COMMITTEE Meeting Dare Toad.of Dir. 10/26/16 10/26/16 AGENDA REPORT Item Number Item Number z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert Ghirelli, Assistant General Manager SUBJECT: STRATEGIC PLAN UPDATE GENERAL MANAGER'S RECOMMENDATION Receive and file the Strategic Plan Update. BACKGROUND In November 2013, the Board of Directors adopted the 2014-2019 Five-Year Strategic Plan identifying eight major Strategic Initiatives. A comprehensive review and update of the Strategic Plan takes place every two years to make any necessary changes and updates. In October 2015, a Strategic Plan Workshop was held with the Board of Directors. The Directors were briefed on two completed initiatives, and discussed two issues related to the Orange County Sanitation District's Levels of Service (LOS) for odor complaints and the potential of capturing storm water runoff. At the conclusion of the workshop, the Board of Directors decided not to make any changes to the LOS. RELEVANT STANDARDS • Strategic Plan PRIOR COMMITTEE/BOARD ACTIONS October 2015 - Strategic Plan Update Board Workshop. ADDITIONAL INFORMATION The Strategic Plan is on a two-year update cycle. The plan was updated in 2015 following a Board Workshop. The next plan update will occur during 2017. During 2016, we are pleased to report that the following major strategic initiative was completed: • Local Sewer Transfers—Complete the transfer of 174 miles of local sewers serving parts of Tustin and unincorporated areas north of Tustin and local sewer transfers in the City of Santa Ana. ATTACHMENT The following aftachmentis)are attached in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • OCSD Strategic Plan Goals Page 1 of 1 OCSD Strategic Plan Goals Providing Exceptional Customer Service #1: Odor Control (Master Plan) December 2016 Protecting Public Health & The Environment #2: Future Biosolids Management Options #3: Energy Efficiency Managing and Protecting the Public's Funds #4: Disinfection of Ocean Discharge Completed 2015 #5: Local Sewer Transfers Completed 2016 Stakeholder Understanding and Support #6: Legislative Advocacy and Public Outreach Completed 2015 #7: Future Water Recycling Options Organizational Effectiveness #8: Workforce Planning and Development STEERING COMMITTEE MeetingDae TOBd.ofDir. 30/26/16 10/26/16 AGENDA REPORT emNumber IemNumber 3 Orange County Sanitation District FROM: Laura Kalty, Chief Negotiator SUBJECT: SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE SUPERVISOR & PROFESSIONAL GROUPS CHIEF NEGOTIATOR'S RECOMMENDATION A. Adopt Resolution No. OCSD 16-21, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group (SPMG), for Fiscal Years 2016/2017, 2017/2018 & 2018/2019"; and B. Direct staff tofinalize and sign the Memoranda of Understanding (MOUs)between Orange County Sanitation District and the two (2) SPMG bargaining units. BACKGROUND The MOUs between the Orange County Sanitation District (Sanitation District) and the Supervisor Group and Professional Group bargaining units that became effective on July 1, 2013 expired on June 30, 2016. The Supervisory and Professional Management Group (SPMG) submitted its initial proposals for successor MOU(s) on June 27, 2016. SPMG and the Sanitation District have met and conferred in good faith eight (8) times since receiving the initial proposal. As of the last Board meeting on September 28, 2016, approximately ten items proposed had either reached tentative agreement or had been withdrawn. On September 28, 2016, the Board of Directors authorized and directed the Chief Negotiator to make a counter proposal to SPMG, including a three-year contract with a 2.5% salary increase due in the first pay period in July for each year of the contract. Additionally, the proposal included an increase in Development Pay from $62.29 to $75.00 per pay period for education, and from $7.62 to $15.24 per pay period for each certificate/license. The Sanitation District delivered this counter proposal to SPMG on October 4, 2016. SPMG's membership ratified the proposal by majority vote in October 2016. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Competitive compensation and benefits • Highly qualified, well trained, motivated, and diverse workforce Page 1 of 4 • Negotiate fair and equitable labor agreements • Positive employer, employee relations • Provide professional growth & development PROBLEM The MOUs between the Sanitation District and the Supervisor Group and Professional Group bargaining units that became effective on July 1, 2013 expired on June 30, 2016. PROPOSED SOLUTION Adopt Resolution No. OCSD 16-21, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2016/2017, 2017/2018 & 2018/2019". Based on Board direction, the Sanitation District issued a counter proposal to SPMG on October 4, 2016, including three-year contracts with a 2.5% salary increase for each year of the contract. Additionally, the proposal included an increase in Development Pay to $75.00 per pay period for education and$15.24 per pay period for each certificate/license. SPMG distributed the proposals to their membership for voting and SPMG's membership ratified the proposals by majority vote in October 2016. RAMIFICATIONS OF NOT TAKING ACTION • Labor instability • Possible impacts to morale • Impasse PRIOR COMMITTEE/BOARD ACTIONS On February 19, 2016, an Ad Hoc Subcommittee of the Steering Committee selected Laura Kalty from Liebert Cassidy Whitmore to serve as the Sanitation District's Chief Negotiator. In preparation for and during the meet and confer process, the Chief Negotiator received direction for labor negotiations with SPMG from the Steering Committee and the Board of Directors. The SPMG meet and confer process was agendized for discussion in Closed Session at the following Committee/Board meetings: • April 27, 2016 - Steering Committee and Board Meeting • June 22, 2016 - Steering Committee • July 27, 2016 - Steering Committee and Board Meeting • August 24, 2016 - Steering Committee Meeting • September 28, 2016 - Steering Committee and Board Meeting Page 2 of 4 ADDITIONAL INFORMATION The SPMG is the recognized employee organization certified to provide exclusive representation over wages, hours of work, and other terms and conditions of employment for exempt employees in the Supervisor Group and Professional Group bargaining units. There are 250 exempt employees represented by the SPMG. The Supervisor Group consists of 59 employees and the Professional Group consists of 191 employees. Employees in these groups are assigned to classifications that perform frontline supervisory duties and program-related development, implementation, and analytical duties associated with supporting the collection, treatment, and recycling of wastewater. Some supervisory classifications are assigned to a 365-days per year, 7-days per week, 24-hours per day operation. Based on Board direction, the Sanitation District issued a counter proposal to SPMG on October 4, 2016, including three-year contracts with a 2.5% salary increase for each year of the contract. Additionally, the proposal included an increase in Development Pay to $75.00 per pay period for education and$15.24 per pay period for each certificate/license. SPMG distributed the proposals to their membership for voting and SPMG's membership ratified the proposals by majority vote in October 2016. Full redlined versions of each SPMG MOU are attached for review. A summary of the key changes to the MOUs are as follows: 1. Article 1, Recognition: Term of the agreement begins July 1, 2016. 2. Article 2, Duration: Agreement terminates on June 30, 2019. 3. Article 11, Grievance Procedure: Language and timing revisions to extend response time periods to ten days. 4. Article 13, Salary Adjustments and Compensation: Salary: Year 1 —2.5% Salary Increase, retroactive to the first pay period of July 2016; Year 2 — 2.5% Salary Increase, effective the first pay period of July 2017; Year 3—2.5%Salary Increase, effective the first pay period of July 2018. Development Pay: Education - $75.00 per pay period; Certification/License — $15.24 per pay period per certification/license with a maximum of three (3). 5. Article 17, Hours of Work: include 5/40 schedule. 6. Article 20, Insurance: language cleanup, strike 20.3 Medical Reopener. 7. Article 20, Insurance: incorporate HDHP/HSA side letter dated October 8, 2015. 8. Article 22, Extraordinary Services Compensation: Extend Extraordinary Services Compensation to emergencies and critical incidents, declared by and in sole discretion of General Manager. 9. Article 24, Promotion: strike Section 24.1.1. 10.Article 35, Acting Pay: language revision to include: Time served in higher level assignments shall be credited as qualifying experience for promotional purposes. 11.Article 47, Maintenance of Membership: language cleanup, date removal. 12.Bilingual pay: No language will be added to the MOU; however, the parties agree that if an employee goes through appropriate testing and certification process, Page 3 of 4 bilingual certification is eligible for Development Pay, understanding employee has to go through existing process for District approval of certification. Listed below are articles with proposed housekeeping changes in the tentative agreement by article number: Article 7.0— Nondiscrimination in Employment Article 8.0— Smoke-free Work Environment Article 10.0— Discipline and Dismissal Article 23.0— Probationary Period Article 27.0— Leave of Absence with Pay Article 29.0— Classification Studies CEQA N/A FINANCIAL CONSIDERATIONS The total cost is $5.21VI over the term of the agreement. This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Resolution No. OCSD NO 16-21 • Supervisor MOU (redlined version) • Professional MOU (reclined version) Page 4 of 4 RESOLUTION NO. OCSD 16-21 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING THE MEMORANDA OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE SUPERVISORY AND PROFESSIONAL MANAGEMENT GROUP, FOR FISCAL YEARS 2016/2017, 2017/2018 &2018/2019 WHEREAS, on January 28, 2015, the Board of Directors ('Directors') of the Orange County Sanitation District (the "District") authorized the General Manager to sign the Memoranda of Understanding with the Supervisory and Professional Management Group (referred hereinafter as "SPMG'), regarding salaries, benefits and terms and conditions of employment for the period July 1, 2013 through June 30, 2016 ("2013 MOUs"). WHEREAS, prior to the expiration of the 2013 MOUs on June 30, 2016, SPMG requested to meet and confer regard successor MOUs. WHEREAS, pursuant to Government Code Section 3500, at seq., representatives of SPMG have met and conferred with the representatives of the District and have reached an understanding with regard to certain terms and conditions relative to employment; and WHEREAS,the parties have modified the 2013 MOUs between the District and SPMG to reflect the parties' understanding regarding certain terms and conditions, which include: • Duration of the MOUs has been modified and will be for a 3-year term commencing July 1, 2016, and terminating June 30, 2019, as reflected in the Cover Page and Articles 1 and 2 of the MOUs. • Nondiscrimination in Employment has been modified as set forth below and as reflected in Article 7 of the MOUs: o Minor administrative/language changes to align with expanded discrimination law provisions; housekeeping changes. • Smoke-Free Work Environment has been modified as set forth below and as reflected in Article 8 of the MOUs: o Minor administrative/language changes to include current smoking and tobacco products and technologies. • Discipline and Dismissal has been modified as set forth below and as reflected in Article 10 of the MOUs: o Housekeeping changes. • Grievance Procedure has been modified as set forth below and as reflected in Article 11 of the MOUs: o 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. OCSD 16-21-1 o Minor administrative/language changes regarding submission and response timeline requirements at various steps in the process; housekeeping changes. • Salary Adjustments and Compensation has been modified as set forth below and as reflected in Article 13 of the MOUs: o Year 1 —2.5% Salary Increase, retroactive to the first pay period of July 2016. o Year 2—2.5% Salary Increase, effective the first pay period of July 2017. o Year 3—2.5% Salary Increase, effective the first pay period of July 2018. o Development Pay: Education — $75.00 per pay period for advanced degree; Certification/License — $15.24 per pay period per certification/license with a maximum of three (3). • Hours of Work has been modified as set forth below and as reflected in Article 17 of the MOUs: o Addition of 5/40 schedule • Insurance has been modified as set forth below and as reflected in Article 20 of the MOUS: o Medical reopener language provides for the District to reopen negotiations if needed due to impacts of the Affordable Care Act (ACA). o Side-letter language to include the addition of the High Deductible Health Plan (HDHP) and Health Savings Account (HSA) o Removes the expired language for medical reopener of February 2015. • Extraordinary Services has been modified as set forth below and reflected in Article 22 of the MOUs: o Addition of language to extend Extraordinary Services Compensation to emergencies and critical incidents, declared by and in sole discretion of General Manager. • Probationary Period has been modified as set forth below and as reflected in Article 23 of the MOUs: o Minor updates to language; housekeeping changes. • Promotions has been modified as set forth below and as reflected in Article 24 of the MOUS: o Minor updates to language; housekeeping changes. o Strike Section 24.1.1. • Sick Leave has been modified asset forth below and as reflected in Article 27 of the MOUS: o Addition of domestic violence, sexual assault, or stalking as permissible uses of sick time in accordance with labor code. o Addition of sick leave benefits for temporary employees in accordance with State law. o Minor administrative/language changes to align with expanded leave law provisions; housekeeping changes. OCSD 16-21-2 • Classification Studies has been modified asset forth below and as reflected in Article 29 of the MOUs: o Language cleanup. o The law requires meet and confer over changes to wages, hours, and terms and conditions of employment. • Acting Pay has been modified as set forth below and as reflected in Article 35 of the MOUs: o Language revision to include: Time served in higher level assignments shall be credited as qualifying experience for promotional purposes. • Maintenance of Membership has been modified as set forth below and as reflected in Article 47 of the MOUs: o Language cleanup. o Date Removal. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER: Section 1. The aforementioned MOUs between the District and SPMG for the contract period of July 1, 2016 through June 30, 2019 as outlined herein are hereby approved. Section 2. The General Manager is authorized to sign the Memoranda of Understanding with SPMG for the period of July 1, 2016 through June 30, 2019, in a form approved by General Counsel. PASSED AND ADOPTED at a regular meeting of the Board of Directors held October 26, 2016. John Nielsen Board Chairman ATTEST: Kelly A. Lore Clerk of the Board OCSD 16-21-3 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 16-21 was passed and adopted at a regular meeting of said Board on the 261h day of October 2016, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 261h day of October 2016. Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District OCSD 16-21-4 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES IN THE SUPERVISOR GROUP July 1, 2013 2016 through June 30, 24�62019 TABLE OF CONTENTS ARTICLE I. -RECOGNITION.............................................................................................................................1 ARTICLE2. -DURATION....................................................................................................................................1 ARTICLE 3. -SUCCESSOR AGREEMENT........................................................................................................1 ARTICLE 4. -GROUP ACCESS.........................................................................................................................1 ARTICLE S. -GROUP RIGHTS...........................................................................................................................2 ARTICLE 6. -DISTRICT RIGHTS.......................................................................................................................2 ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT.................................................................................2 ARTICLE S. -SMOKE-FREE WORK ENVIRONMENT......................................................................................2 ARTICLE9. -SAFETY........................................................................................................................................3 ARTICLE 10. -DISCIPLINE AND DISMISSAL.....................................................................................................3 ARTICLE 11. -GRIEVANCE PROCEDURE.........................................................................................................4 11.3.1. STEP 1 ..................................................................................................................................................... 5 11.3.2. STEP 2..................................................................................................................................................... 5 11.3.4. STEP 3..................................................................................................................................................... 5 11.3.5. STEP 4.....................................................................................................................................................6 ARTICLE 12. -PROBLEM SOLVING PROCEDURE...........................................................................................6 ARTICLEI3. -SALARY ADJUSTMENTS AND COMPENSATION....................................................................6 13.3. MERIT PAY............................................................................................................................................... 7 13.4. PERFORMANCE MANAGEMENT PROGRAM................................................................................................... 7 13.5. DEVELOPMENT PAY................................................................................................................................... 7 13.9. SALARY RANGE......................................................................................................................................... 6 13.10. INVESTMENT INCENTIVE SALARY(IIS)........................................................................................................ 8 ARTICLE 14. -SEVERANCE PAY........................................................................................................................8 ARTICLE 15. -DEFERRED COMPENSATION....................................................................................................8 ARTICLE16. -HOLIDAYS....................................................................................................................................9 16.2. FLOATING HOLIDAY................................................................................................................................... 9 ARTICLE 17. -HOURS OF WORK.................................................................................................................... 10 ARTICLE18. ...................................................................................................................................................... 10 ARTICLE19. ................................................................................................................................................... 10 ARTICLE 20. -INSURANCE.............................................................................................................................. 10 20.3. MEDICAL INSURANCE............................................................................................................................... 10 20.6. GROUP INSURANCE................................................................................................................................. 11 20.7. LIFE INSURANCE...................................................................................................................................... 11 20.9. LONG TERM DISABILITY........................................................................................................................... 11 20.10. DENTAL INSURANCE................................................................................................................................ 12 20.11. VISION INSURANCE.................................................................................................................................. 12 20.12. RETIRING EMPLOYEES............................................................................................................................. 12 ARTICLE 21. -REIMBURSEMENT ACCOUNT................................................................................................. 12 21.2. MEDICAL REIMBURSEMENT ACCOUNT...................................................................................................... 12 21.3. DEPENDENT CARE ASSISTANCE ACCOUNT............................................................................................... 13 Page ARTICLE 22. -EXTRAORDINARY SERVICES COMPENSATION.................................................................. 13 ARTICLE 23. -PROBATIONARY PERIOD....................................................................................................... 14 ARTICLE24. -PROMOTIONS........................................................................................................................... 14 ARTICLE 25. -RETIREMENT............................................................................................................................ 15 25.1.1. EMPLOYEES HIRED PRIOR TOSEPTEMBER 21. 1979................................................................................. 15 25.1.2. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1.2010........................... 15 25.1.3. EMPLOYEES HIRED ON OR AFTER OCTOBER 1.2010................................................................................. 15 ARTICLE 26. -SHIFT DIFFERENTIAL.............................................................................................................. 16 ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY............................................................................................ 16 27.1. VACATION LEAVE.................................................................................................................................... 16 27.2. SICK LEAVE............................................................................................................................................ 17 27.3. JURY DUTY LEAVE.................................................................................................................................. 19 27.4. WITNESS LEAVE...................................................................................................................................... 19 27.5. MILITARY LEAVE...................................................................................................................................... 19 27.6. BEREAVEMENT LEAVE.............................................................................................................................20 27.7. ADMINISTRATIVE LEAVE...........................................................................................................................20 ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY....................................................................................21 28.3. SUBSTITUTION OF PAID LEAVE.................................................................................................................21 28.4. PERMISSIBLE USES.................................................................................................................................21 28.5. GENERAL LEAVE.....................................................................................................................................23 28.6. RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE...................................................................23 28.7. COMPLIANCE WITH LAW...........................................................................................................................24 ARTICLE 29. -CLASSIFICATION STUDIES.....................................................................................................24 29.4. Y-RATING...............................................................................................................................................25 ARTICLE 30. -DRIVER'S LICENSE..................................................................................................................25 ARTICLE 31. -LAYOFF PROCEDURE.............................................................................................................26 ARTICLE 32. -LIGHT DUTY..............................................................................................................................26 ARTICLE 33. -MEDICAL EXAMINATION.........................................................................................................26 ARTICLE 34. -MILEAGE ALLOWANCE...........................................................................................................26 ARTICLE 35. -ACTING PAY.............................................................................................................................27 ARTICLE36. ......................................................................................................................................................27 ARTICLE 37. -PERSONNEL FILES..................................................................................................................27 ARTICLE 38. -BULLETIN BOARDS.................................................................................................................27 ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS........................................................27 ARTICLE 40. -USE OF DISTRICT FACILITIES................................................................................................27 ARTICLE 41. -SCOPE OF BARGAINING.........................................................................................................28 ARTICLE 42. -IMPASSE PROCEDURES.........................................................................................................28 42.2. IMPASSE PROCEDURES...........................................................................................................................28 ARTICLE43. -SEVERABILITY.........................................................................................................................28 ARTICLE44. -UNIFORMS................................................................................................................................29 ARTICLE 45. -SUBSTANCE ABUSE POLICY.................................................................................................29 45.2. DEPARTMENT OF TRANSPORTATION REGULATIONS...................................................................................29 Page ii ARTICLE 46. - DUES DEDUCTIONS.................................................................................................................29 ARTICLE 47. - MAINTENANCE OF MEMBERSHIP.........................................................................................30 ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES.............................................................................. 30 ARTICLE49. ...................................................................................................................................................... 30 ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY............................................................. 30 ARTICLE 51. -RESIGNATION .......................................................................................................................... 30 ARTICLE52. ......................................................................................................................................................30 SIGNATUREPAGE..............................................................................................................................................31 APPENDIX A ...........................................................................................ERROR! BOOKMARK NOT DEFINED. Page iii MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES IN THE SUPERVISOR GROUP In accordance with the provisions of California Government Code Sections 3500, at seq., and Resolution No. 99-24 of the Joint Boards of Directors,the District's authorized representatives have met and conferred in good faith with representatives of the Supervisor Group. These meetings have resulted in an agreement and understanding to recommend that the employees represented by the Supervisor Group accept these terms and conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of employment for the employees represented by the Supervisor Group as set forth in this Agreement. ARTICLE 1. - RECOGNITION 1.1, This Agreement, effective July 1, 24142016, is entered into between the Orange County Sanitation District, referred to hereinafter as the"District", and the Supervisor Group, referred to hereinafter as "Group",as a mutual recommendation to the Board of Directors of the District of those wages, hours of work, and terms and conditions of employment. ARTICLE 2. - DURATION 2.1. This Agreement will be binding on the District and the Group when approved and adopted by the District's Board of Directors. This Agreement will terminate on June 30,20162019. Any issue regarding the question of representation shall be brought pursuant to the Employer-Employee Relations Resolutions (EERR), Resolution No. OCSD 99-24. ARTICLE 3. - SUCCESSOR AGREEMENT 3.1. The Group will submit in writing its initial proposal for a successor agreement prior to the expiration date of this Agreement. ARTICLE 4. - GROUP ACCESS 4.1. A Group representative will have access to the District facilities during normal working hours for the purpose of assisting Group employees in processing grievances or investigating matters arising out of the application of provisions of this Agreement. 4.2. The Group will provide the Human Resources Department or designee, with a list of Representatives who are authorized to request access under this article,and will notify the Director of Human Resources, or designee, of any changes in that list. 4.3. Group access will not unreasonably interfere with District operations, or with the work of employees in any manner.The District reserves the right to restrict access in certain areas designated confidential or secure. Page 1 of 32 ARTICLE 5. - GROUP RIGHTS 5.1. The Group may designate up to five(5)employees to act as representatives for employees covered by this Agreement. The Group will furnish the Human Resources Department with the names of employees selected as representatives and will update the list as necessary.An alternate representative may be designated to act in the absence of the regular representative. Employees not listed on the roster of representatives provided to the District by the Group may not act as representatives. 5.2. Representatives will not perform non work-related duties on work time without the prior approval of their immediate supervisor. Neither the District nor the Group will interfere with, intimidate, restrain, coerce or discriminate against employees because of the exercise or non-exercise of their rights to engage in Group activity. ARTICLE 6. - DISTRICT RIGHTS 6.1. District inherent rights, powers,functions,duties, responsibilities and authority related to a managerial or administrative character are reserved to the District in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. District rights include, but are not limited to,the exclusive right to consider the merits, necessity or organization of any service or activity provided by law, or administrative order; determine the mission of its constituent departments, commissions and boards; set standards of service, determine the procedures and standards of selection for employment and promotion; establish and implement performance standards; direct its employees;take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of funds; maintain the efficiency of District operations; determine the methods, means and personnel by which District operations are to be conducted; determine the content of job classifications; classify and reclassify positions;take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 6.2. District retains all authority and rights conferred on it by law, or other legal sources, except to the extent that such authority is explicitly waived by the express terms of this agreement. District exercise of its management rights hereunder shall not be subject to appeal or meeting and conferring, however,that the exercise of such rights does not preclude the Group from appealing or meeting and conferring the practical consequences or impacts that District decisions have on wages, hours, and other terms and conditions of employment. ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT 7.1. There will be no unlawful discrimination in the application of the provisions of this Agreement with regard to actual or perceived race, color, religion, national origin, ancestry, sex, gender, pander identity, gender expression sexual orientation, age, physical or mental disability, medical condition, genetic information marital status or military or veteran status or any other lawfully protected class. To the extent required by law or by the DistricPs rules or regulations,this provision of the Agreement will be applied to all members of the Group without regard to mar;tal status,handicap, medical ^^a'''^^ ^ d sab ed veteran, ^^"'^any protected classification. ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT 8.1. The District endorses and supports the right of all employees to work in a healthy and Page 2 of 32 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 h'vaping"1 and related tobacco products and technolooies)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.The Group will cooperate by encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all employees covered by this Agreement, in the course of performing their assigned duties,to be alert to unsafe practices, equipment, and conditions,and to follow the safety regulations and requirements of the District, and to report any unsafe practices or conditions to their immediate supervisor. An employee will not be required to perform work that is unsafe. ARTICLE 10. - DISCIPLINE AND DISMISSAL 10.1. Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the Group: verbal reprimand;written reprimand; suspension without pay; reduction in pay; demotion to a classification with a lower pay grade, or dismissal. 10.2. Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the District forjust cause. 10.3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4. A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves suspension without pay, reduction in pay, demotion to a classification with a lower pay grade, or dismissal.The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee's last known address. Such personal delivery or mailing will be presumed to provide actual notice to the affected employee. The Notice of Intent will indicate the date on which it was personally delivered or deposited in the mail, which will be the date of issuance. 10.5. The Notice of Intent will contain the following: (1)a description of the disciplinary action intended and the effective date of the action; (2)the reasons for the proposed action; (3)a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline, or to a District management representative with authority to make an effective recommendation on the proposed action; the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice will also advise the employee of the right to representation. 10.6. Prior to the effective date of the proposed disciplinary action, the employee will be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response,the District will notify the employee in writing of the action that will be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however,the District may reduce Page 3 of 32 discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District's Personnel Policies& Procedures Manual. 10.7. Dismissal will be preceded by at least one (1)written reprimand,except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct.The District may substitute documented suspensions without pay for written reprimands. 10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-disciplinary hearing. The request must be submitted to the Assistant General Manager or designee,within ten If 0)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 A^^'^. gr ant Gp,"^^^^r- ManagerDirector 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. If the hearing officer upholds the disciplinary action, the employee will pay the full cost and expenses of the hearing officer. 10.9. All disciplinary action documentation, except verbal reprimand documentation,will be placed in an employee's Personnel File in the Human Resources Department. Verbal reprimand documentation will be kept in the supervisor's employee files. Supervisors shall inform management staff when a verbal reprimand is to be implemented. If after twenty-four(24) months from implementation there have been no recurrences of similar incidents, the supervisor shall destroy the verbal reprimand documentation. 10.10. Written reprimands may be removed from an employee's personnel file twenty-four (24)months subsequent to the date of the issuance, provided that there has been no recurrence of a similar incident during the period. If the Human Resources Department agrees to remove the written reprimand documentation from an employee's personnel file such documentation will be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the District proposed discipline. 10.11. Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article will be construed as a waiver of any statutory or constitutional rights. 10.12. A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, "bumping" associated with layoffs, reasonable accommodation) shall not be considered discipline. ARTICLE 11. - GRIEVANCE PROCEDURE 11.1. A grievance is any complaint that management has violated a specific provision of this Agreement, except that, in accordance with Article 10 above, discipline which Page 4 of 32 requires a Notice of Intent may not be reviewed under this Grievance Procedure. 11.2. A grievance may be brought to the attention of the District by an individual employee within the Group or by the Group.The District may not bring a grievance through this procedure. Grievances brought by two(2)or more employees, and concerning the same incident, issue, or course of conduct,or multiple grievances brought by the same employee may, upon mutual agreement of the District and the Group, be consolidated for the purposes of this procedure. 4 9-:2-.11.3. EmploVees 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. 4-4-11.4. An employee maybe self-represented or be represented by the Group at all steps of the Grievance Procedure unless specifically agreed otherwise by the Group and the employee. The District will provide a copy of all written grievance settlements to the Group. Any reference to days in this article implies business days. ^-- 11.4.1. Step 1. An employee who has a complaint will attempt to resolve it with his/her immediate supervisor within five-()ten 10 days of the occurrence of the event giving rise to the complaint,or within five-(&)ten 10 days from the time that the employee became aware of such event.The supervisor will attempt to resolve the issues surrounding the complaint, and respond to the employee within five-( en 10)days. 11-32.11.4.2. Step 2. If the grievance is not settled informally at Step 1, it may be submitted in writing to the employee's Department Head, or designee. This request for formal review must be presented on a form provided by the District within five ten (510)days of the conclusion of Step 1. A copy of each written communication on a grievance shall be filed with the Assistant General Manager,or designee. The written grievance must: 41 2 2 1 11.4.2.1. Identify the specific management act to be reviewed; 41 2 2 2.11.4.2.2. Specify how the employee was adversely affected; 41 2 2�.11.4.2.3. List the specific provisions of this agreementthe-M9U that were allegedly violated and state how they were violated; 41 2 2 4 11.4.2.4. Specify the remedy requested; and �2.5.11.4.2.5. Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. 1132 11.4.3. The Department Head will respond in writing to the employee within ten (10)days after the date the grievance is received. 113411.4.4. Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the Assistant General Manager,or designee, for review and written response.The request for formal review must be presented on a form provided by the District within ten (10)days of the conclusion of Step 1 or 2, and must contain the information specified in Step 2 above. A copy of each written communication on a grievance shall be filed with the Assistant General Manager, or designee.The Assistant General Manager, or designee, will respond in writing to the employee within ten (10)days after Page 5 of 32 the date the grievance is received. 44-3-&11.4.5. Step 4. If the grievance cannot be resolved under Step 3, it may be presented to the General Manager within ten (10)days from the date the Step 3 finding was issued.The General Manager, or designee, will respond in writing to the employee within fifteen If 5)days after the date the grievance is received. The decision of the General Manager is final. 44-411.5. 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 the Group,the Group may designate one(1)employee to present and process the grievance.The employee representative will be given reasonable time off without loss of pay to perform this responsibility. Absence from work will be approved only if it does not cause disruption to District operations. However, if the time requested cannot be provided, an alternate time will be arranged. 41a11.6. Failure of a supervisor, Department Head or other management representative to respond within the appropriate time limit will provide a basis for the employee appealing to the next step. If a grievance is not presented or appealed within the time limits, it will be considered resolved on the basis of the preceding response. The Human Resources Department may be petitioned in writing to waive the step or time requirements provided sufficient cause exists. Time limits may also be extended at any step upon mutual agreement of the parties. The District agrees to meet face-to- face with the employee at each step of the grievance procedure at the request of the employee. 14-.45-11.7. Resolution may be agreed upon at any stage of the grievance process. However, the Group will be notified prior to the resolution of any formal grievance matter. ARTICLE 12. - PROBLEM SOLVING PROCEDURE 12.1. Employees may bring problems to the attention of District managers through the Problem Solving Procedure. This Procedure was developed to encourage and facilitate the resolution of employee concems in a responsive and fair manner, and may be used to attempt to resolve issues that may not be subjected to the Grievance Procedure. Any reference to days in this article implies business days. 12.2. Employees should discuss concerns regarding issues that are not grevable with their supervisor as soon as possible. The supervisor will review the situation or decision, and provide a written response within five(5)days from the date they were notified of the problem. 12.3. If the problem is not resolved to the employee's satisfaction, the employee may file a written statement concerning the problem with the Human Resources Department within ten (10)days of receipt of the supervisor's decision. Upon request of either party, a meeting will be held to define issues and establish the remedies sought. The employee will be provided a written response within ten (10)days after his/her statement is received. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the Human Resources Department is final. ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION 13.1. Each pay grade is divided into five(5)steps,with an approximate 5.0% difference between each step. Page 6 of 32 13.2. Pay increases will only apply to eligible employees in an active payroll status on the effective date of implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective after the date of implementation. 13.3. Merit Pav 13.3.1. Step Increase Pav—Group employees are 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: 13.3.1.1. Eligible-Employees must have a proficient year-end performance appraisal to receive a one(1)step base-building salary increase until earning placement at step five (5). 13.3.1.2. Ineligible-Employees who are placed on a Performance Improvement Plan (PIP)due to a needs improvement performance review on the year-end appraisal or who are on a PIP at the time of the year-end appraisal period will remain at their current step until the PIP is satisfactorily completed. 13.4. Performance Management Program: The performance management program includes two(2)rating categories (proficient and needs improvement)for performance appraisals. 13.5. Development Pav—Employees under this Agreement are eligible for Development Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum amount each pay period. Employees must have a proficient year-end performance appraisal to be eligible for the following Development Pay types: 13.5.1. Education—Effective the first pay period in July 2016. €eligible employees who obtain or who have obtained a graduate degree of approved subjects at an accredited college or university will receive $62.2975_00 per pay period. T nt of Fducat an Pay s fixed at$62 nn per nn. n 13.5.2. Certification/License—Effective the first pav period in July 2016 eligible employees who obtain or who have obtained a District approved certification or license will receive$7.62 15.24 per pay period per certificate or license with a maximum of three(3)certificates and/or licenses. The max mum nme nt of nertfiGat on/1 sense pay for any m6'net'n of Gant f'sate And/or Isenses' 'n fixed at$22 ac per nn per+od. 13.5.3. 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. 1266 The overallm Development on ,for eduGat on, n f Gat on andlor Isenses s faxed at G9515 per pa per ind 43-7- 3.6. Employees who are placed on a PIP due to a needs improvement performance Page 7 of 32 review on the year-end performance appraisal are not eligible for Development Pay until the PIP is satisfactorily completed. 43..&13.7. 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. 49-9- 3.8. Salary Range Adjustments 13.9.1.13.8.1. Effective the first pay period in July29 ltly 2016, employees under this Agreement will receive salary range adjustments at a flat rate of 28/2.5%. 13.8.2. Effective the first pay period in July-201 qJ 2017, employees under this Agreement will receive salary range adjustments at a flat rate of 2 0%2.50%. 13 9 2 13.8.3. Effective the first pay period in July 2018, employees under this Agreement will receive salary range adjustments at a flat rate of 2.50%. 13,10,13.9. Investment Incentive Salary(IIS) 13 10 1 13.9.1. An additional amount of 4%of base salary will be paid to employees hired or promoted into the Group on or before October 16, 2003 in a lump-sum amount each pay period.This provision continues to make employees whole as a result of the Ventura decision.The above percentages will not be counted toward base salary for the purpose of salary surveys. ,'�13.9.2. In addition, employees hired or promoted into the Group on or before October 16, 2003 will be paid $1250 annually or$48.08 per pay period in HIS to further encourage savings and investment for retirement. 43�8.a13.9.3. IIS amounts are applied to annual, retirement, and termination leave payouts for eligible employees. ARTICLE 14. - SEVERANCE PAY 14.1. Employees are expected to give a minimum of two(2)weeks written notification when terminating employment with the District. Except for disciplinary cause,when a full-time employee is terminated by action of the District,the employee will be notified in writing two (2)weeks prior to the effective separation date. The employee will be entitled to severance pay in accordance with the formula set forth below: 14.1.1. 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 Page 8 of 32 15.1. Employees may participate in the District approved deferred compensation plan, subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by District management. ARTICLE 16. - HOLIDAYS 16.1. The days listed below are observed by the District as holidays. Employees will receive holiday pay if their entire scheduled work shifts immediately preceding and following the holiday are in a paid payroll status, meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts.When an employee's work schedule requires that they work on an observed holiday,the employee will be paid at the employee's regular rate of pay for the holiday, and will also receive pay at the rate of one and one half(1.5)times his/her regular hourly rate for all hours actually worked. Employees may also elect to receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay. When a holiday occurs on an employee's regular scheduled day off,the employee will accrue compensatory time off for the amount of hours normally scheduled for that day. Employees with a compensatory time off balance in excess of fifty(50) hours as of the last pay period ending in October will receive a mandatory payout for the hours that exceed fifty(50). Holidays New Year's Day Lincoln's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday" 16.2. Floating Holiday: Employees may elect one(1)day during each year as a "Floating Holiday."New employees shall be granted a"Floating Holiday'on a pro rate basis in the first calendar year of service per the following table: Hire Date Percent 1 st Quarter(January-March) 100% 2^d Quarter(April-June) 75% 3'd Quarter(July-September) 50% Page 9 of 32 Hire Date Percent P`Quarter(October-December) 0% 16.3. Employees must use the"Floating Holiday'within the year it is granted. Every effort will be made to approve an employee's request for a"Floating Holiday"off providing sufficient notice is given. 16.4. Part-time employees are eligible for holiday benefits on a pro-rata basis as set forth in applicable District Policy. ARTICLE 17. - HOURS OF WORK 17.1. The work schedule for full-time employees will be eighty(80) hours per biweekly pay period, normally scheduled in shifts of five(5)eight 8-hour days each week.four(4) nine-9-hour days each week and one (1)additional 8-hour day on alternate weeks (9/80),four(4)ten 10-hour days each week(8/80), or three(3)twelve 12-hour days each week and one(1)additional 8-hour day on alternate weeks (7180). However, with the approval of the employee's supervisor, employees may be allowed to flex their schedule within the pay period provided that the business needs,work Flow, and customer service needs of the District are met. 17.2. The District may, at its sole discretion, change an employee's work schedule with thirty(30)days written notice to the affected employee,which may be waived by the employee per written request. 17.2.1. The 30-day notice will not be applicable if the change is a result of a reasonable accommodation. ARTICLE 18. (This article intentionally left blank) ARTICLE 19. (This article intentionally left blank) ARTICLE 20. - INSURANCE 20.1. The District will provide healthcare and welfare insurance benefits. 20.2. All insurance coverage will become effective on the first day of the month following date of hire, regardless of hire date.An open enrollment period will be held annually. on& Hart r., RealpeneF The D StF Gt e couc agree Fxnegis rAninp, A Alhor ty(GSAG FIA), or to another Garr er d reedy, and varied 24.¢20.3. Medical Insurance 20120.3.1. The District will provide medical health insurance coverage Page 10 of 32 through a Health Maintenance Organization(HMO)medical insurance plan,-aad a Preferred Provider Organization(PPO)medical insurance plan,and a High Deductible Health Plan (HDHP). •-•"sud- - h a 28.�20.4. Regular.full-time emolovees The District will contribute 90%of employee only premiums for the HMO medical health plans and 80%of employee only premiums for the PPO medical plan. The District will contribute 80%of the employee +1 dependent and full family premiums for the HMO or PPO medical plans. Any change in insurance rates will be shared equally in same ratio as the District and employees currently pay premiums. Before the renewal of any District sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.5. Regular, part-time employees Part-time employees are eligible for medical insurance benefits on a pro-rata basis as set forth in the applicable District Policy. 20.6. 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 HSAAS 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. 2B. The District may reopen negotiations at any time during the term of this agreement to address the impact of the Affordable Care Act(ACA). 20.7. 20:7-20.8. Group Insurance Premiums 2 -7-4-20.8.1. Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis. 2B:&20.9. Life Insurance 20.8.1.20.9.1. The District will pay the full premium for$50,000 term life insurance on each employee. 20?.120.10. Short Term Disability 20?9.1.20.10.1. The District will provide a non-work related, short-term disability indemnity plan that provides benefits for employees equal to the maximum weekly amount provided through California's State Disability Insurance(SDI) program for up to twenty-six (26)weeks following a fourteen (14)calendar day waiting period. 20 4&20.11. Long Term Disability 29404-.20.11.1. The District will provide a non-work related, long-term disability indemnity plan that pays two-thirds of the employee's rate of pay in effect at the time of such disability, not to exceed $5,000 per month,following a 90-day waiting period of continuous disability, at such time that an employee completes five (5)years of service. Page 11 of 32 20:44-. -20.11.2. For participants age 64 and younger,the maximum period of payment is based on the Social Security Act retirement age of 65. For participants age 65 and older,the maximum period of payment is specified. The specified periods and additional information about coverage is included in OCSD's long term disability plan contract accessible on the intranet. 20.10.3.20.11.3. No combination of disability or sick leave pay will result in more than an employee's regular rate of pay. Employees may not receive short-term and long-term disability benefits at the same time.An employee who is otherwise not eligible for District paid Long Term Disability may purchase such coverage at their own expense. 20120.12. Dental Insurance 29444-.20.12.1. The District will contribute 80%of employee only and full family premiums for dental insurance. M 12.20.13. Vision Insurance 20.124-.20.13.1. The District will provide a vision insurance plan for regular,full- time employees and eligible dependents. Part-time employees are eligible for vision insurance benefits on a pro-rata basis as set forth in applicable District Policy. 201320.14. Retiring Employees 244414-.20.14.1. The District will pay, for employees hired prior to July 1, 1988, two and one-half(2.5)months' premium for each year of continuous service of a retiring employee towards the premium costs of coverage for the employee and eligible dependents under the District medical plan. 20:32-2-20.14.2. 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. 20 433-.20.14.3. The District will continue to implement the retiree medical health premium offset program wherein the cost of health premiums are offset by$10 per month for every year of continuous service up to a maximum of 25 years or$250 per month. ARTICLE 21. - REIMBURSEMENT ACCOUNT 21.1. Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion of the cost of benefits under the Plan through salary redirection arrangements. The options available under the flexible benefits program are listed below. This is a brief overview of the different options. For complete information regarding Flexible Spending Accounts employees must refer to the plan booklet available in the Human Resources Department. 21.2. Medical Reimbursement Account 21.2.1. The purpose of this account is to provide a method through which the Page 12 of 32 employee can accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of reimbursing himself/herself for payment of health care costs not otherwise covered by his/her medical insurance. 21.3. Dependent Care Assistance Account 21.3.1. The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of reimbursing himself/herself for child care expenses or day care for a disabled dependent ARTICLE 22. — EXTRAORDINARY SERVICES COMPENSATION 22.1. Employees in the Group are exempt from the overtime provisions of the Fair Labor Standards Act. However,when services are required beyond what is normally expected of a position in this Group, employees will be eligible to receive additional compensation, as defined herein, for the performance Of^U" oertormina extraordinary services, upon approval of r Department Head or des'^^^^ as set forth below. Extraordinary services shall be defined as: 22.1.1. The General Manager declares an emeraencv.A declaration of an emergency is at the sole discretion of the General Manager whose decision is final and not sub act to any other provision of this Agreement. including Article 11 —Grievance Procedure or Article 12—Problem Solving Procedure. 22.1.2. The General Manager determines that there exists a critical event.A critical event is defined as work of a prolonged nature: involving non- emergency related services: major special projects: or when a substantial effort must be expended to meet a compliance date or scheduled deadline. The designation of a critical event is at the sole discretion of the General Manager whose decision is final and not sub act to any other provision of this Agreement, including Article 11 — Grievance Procedure or Article 12—Problem Salvino Procedure. 22.1.3. Written approval of a critical event must be obtained in advance of the work to be performed. The authorization shall set forth the work to be accomplished,the anticipated start and end date and those employees expected to participate in the work. The Department Head or designee will be responsible for determining the actual start and end date as well as those who actually work the event. 22.2. Upon the declaration of an emergency or upon the designation of a critical event employees will be compensated as follows: 22.2.1. Compensation will be restricted to those employees that are assigned to the event, independent from which department they are assigned. 22 1 1 22.2.2. For emergencies, compensation will occur for all hours outside the employee's regularly scheduled work shift. For critical events, compensation will occur for all hours after an initial 10 hours of uncompensated time has elapsed. 22.2.3. Employees in the Operations Supervisors classification will be Page 13 of 32 receive additional compensation at one and one-half(1.5)times their regular rate of pay caused by an emergency declared as such by the General Manager 0 D :a ons, wh an becomes necessary to Cover h ^ regularly,.A.,h an fall, on an othery�e non Work day OF sh .All other classifications shall receive straight time compensation. ARTICLE 23. — PROBATIONARY PERIOD 23.1. All new employees serve an initial probationary period beginning with the date of hire and extending to at least the first day of the pay period following six monthsks of employment without a break in service. Extended absence without pay, short-term and long-term disability and Workers' Compensation leave does not provide an opportunity to judge an employees'capability to meet performance expectations for a position, and thus the time spent on such leaves will not be included towards completion of the probationary period and may result in an extension. 23.2. Employees who are rehired following a break in service must complete a new probationary period whether or not one was previously completed. An employee may be released during his/her Probationary Period at the discretion of the District without recourse to the Grievance Procedure. 23.3. Employees who are reassigned or laterally transferred will serve a probationary period of six monthstwent�eks. The"probationary period"shall not divest an employee of his/her property right in his/her former position. Rejection of probation during this period shall result in the employee reverting to his/her former assignment and/or position. ARTICLE 24. — PROMOTIONS 24.1. A promotion is the appointment of an employee to another classification with a higher maximum rate of pay.The District will determine whether a vacant position will be filled as an open or promotional recruitment.Whenever the District intends to fill a position by promotion, the District will post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of posting. Notices will be posted on the District's intranet. 24.1.1. Wier t^ ,the n..tleast one (1)m n mally qua'fied appl sent,the 6�#Of shall -and-Gtzm .,s,...t.. ..a...t.. t on In the event them ex sts a 24.2. A promoted employee will serve a promotional probationary period lasting at least until the first day of the pay period six months h.errty c:- (.. 26 weekc:.cc!:c after the effective date of the promotion. 24.3. At any time during the promotional probationary period, an employee may be returned to his/her previous position.The promotional probation period may be extended by mutual agreement between the employee and District management for Page 14 of 32 up to ninety(90)days. 24.4. If an employee is promoted during his/her initial probationary period, the period will be extended until at least the first day of the pay period six months 64 weeksafter the effective date of the promotion. 24.5. Promoted employees will receive the equivalent of a one(1)step increase in pay, not to exceed the top of the range for the new classification or the minimum rate of the new classification whichever is greater. ARTICLE 25. — RETIREMENT 25.1. The District will continue participation in the Orange County Employees Retirement System (OCERS),wherein all full-time employees and part-time employees scheduled to work twenty(20)hours per week or more are considered members. The following retirement program is in effect pursuant to the contract between OCERS and the District. 25.1.1. Employees hired prior to September 21, 1979: The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan G)based on the highest consecutive twelve (12) months average earnings, past and future service. 25.1.1.1. The District will continue to pay 4.5%towards the employee's contribution to OCERS for those employees who elected to make a one-time decision to remain in the Plan G program. 25.1.2. Employees hired on or after September 21, 1979 and before October 1. 2010:The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan H) based on the highest consecutive thirty-six(36)months average earnings, past and future service. 25.1.2.1. The District will continue to pay 3.5% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.1.3. Employees hired on or after October 1, 2010 and before January 1, 2013: The District will contract with OCERS to provide the 1.667% @ 57.5 benefit formula (Plan B) based on the highest consecutive thirty-six (36)months average earnings, past and future service. 25.1.3.1. The District will pay 0°% of an eligible employee's base salary towards the employee's contributions to OCERS. 25.1.4. Employees hired on or after January 1. 2013: The District will contract with OCERS to provide the 2.5% @ 67 benefit formula(Plan U - PEPRA) based on the highest consecutive thirty-six(36)months average earnings, past and future service. 25.1.4.1. The District will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.2. All monies actually contributed into the retirement system by an employee will be deducted from gross salary for taxation purposes in accordance with Internal Page 15 of 32 Revenue Code provisions. ARTICLE 26. - SHIFT DIFFERENTIAL 26.1. Employees who are assigned to work a night shift that consists of 50%or more of the hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift will receive a shift differential of$2.50 per hour. ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY 27.1. Vacation Leave 27.1.1. Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with the first day of employment, in accordance with the following schedule: Years of Service Hours-Biweekly Hours-Annual In years 0 through 4 3.08 80 In years 5 through 10 4.62 120 In year 11 4.93 128 In year 12 5.24 136 In year 13 5.54 144 In year 14 5.85 152 In year 15 6.16 160 In year 16 6.46 168 In year 17 6.77 176 In year 18 7.08 184 In year 19 7.39 192 In year 20 and over 7.69 200 27.1.2. Part-time employees accrue vacation leave on a pro-rata basis as set forth in applicable District Policy. 27.1.3. Vacation leave begins after an employee has completed twenty-six (26) weeks of continuous service.After his/her first twenty-six(26)weeks of service, his/her account will be credited with forty(40)hours. After that time,they will accrue vacation hours consistent with the above chart. Vacation leave may only be utilized in increments of one-half hour or more. Vacation leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave payroll status. 27.1.4. When unpaid absences occur,vacation leave accruals will be applied by straight proration of leave accruals based on the number of hours paid within the pay period, and is applicable to all types of leave,whether legally protected or not. 27.1.5. Annual Payoff. Employees may have a maximum accumulation of two hundred (200) hours as of the last day of the final pay period in December of each year. In the event an employee accrues vacation leave in excess of two hundred (200)hours, it must be used prior to said Page 16 of 32 December date,all other remaining hours in excess of two hundred (200) will be paid to the employee in the first pay period in January at the employee's then current hourly rate of compensation. 27.2. Sick Leave 27.2.1. Definition. Sick leave is an insurance or protection provided by the District to be granted to employees in circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right to take time off from work. Sick leave is defined as the absence from duty of an employee because of a bona fide illness, injury, or pregnancy�r to attend to the illness or injury of a family member as hereinafter defined: 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).Temporary employees shall receive are-not ant ided-te sick leave benefits as required by State law..- 27.2.2. Method. -Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid sick leave at the rate of three and one- half(3.5)hours for each biweekly pay period of continuous service; ninety-one (91) hours per year. Full-time employees hired on or after November 27, 1981, accrue paid sick leave at the rate of three(3.0) hours for each biweekly pay period of continuous service; (seventy-eight (78) hours per year), beginning with the first day of employment. 27.2.3. Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy. 27.2.4. When unpaid absences occur,sick leave accruals will be applied by straight proration of leave accruals based on the number of hours paid within the pay period, and is applicable to all types of leave,whether legally protected or not. 27.2.5. Annual Payoff. Employees may elect annually to be paid for any unused sick leave hours accrued through the end of October at their current hourly rate according to the following payoff schedule. Accrued Sick Leave Hours Rate of Payoff 0-100 0% 101-240 25% 241-560 35% Over 560 (mandatory) 50% 27.2.6. Employees who terminate for any reason other than retirement or death will be compensated for any accrued and unused sick leave according to the above schedule. Employees who retire or decease with twenty(20) years or more of service will be paid at the one hundred percent(100%) rate for all accrued and unused sick leave. Employees who retire or decease with less than twenty(20)years of service will be paid at the seventy-five percent(75%)rate for all accrued and unused sick leave. 27.2.7. Permissible Uses. Sick leave may be applied only to: Page 17 of 32 27.2.7.1. Absence due to illness, injury or pregnancy of an employee. 27.2.7.2. Absence due to medical and dental office appointments of an employee when approved by the employee's supervisor. 27.2.7.3. Absence for the care of the employee's father,father-in-law, mother, mother-in-law, brother, sister, husband, wife, domestic partner, child, child of domestic partner, grandparent, grandchild legal guardian,or family member with whom the employee resides. 27.2.7.4. Absence due to a job-related injury. "�'-r.'.".27.2.7.5. Absence related to 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). 27.2.8. General Provisions. To qualify for sick leave pay, the employee must notify the District at or in advance of the time the employee is scheduled to report for duty. Minimum charge to the employee's sick leave account will be one-half(0.5)hour increments. 27.2.9. The Human Resources Department and department management will be responsible for controlling the abuse of the sick leave privilege. For absences of ten (10)consecutive working days or more,a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to the Human Resources Department. Upon return to work, a written doctor's release must be submitted to the Human Resources Department. For absences of one (1)or more working days in an unpaid status, a request for leave and a medical statement,on prescribed fors,stating expected date of return must be submitted to the Human Resources Department. 27.2.10. If the need for leave is due to the employee's serious health condition,as defined in the Family and Medical Leave Act("FMLA")or the California Family Rights Act("CFRA"), the certification requirement will comply with the provisions of these Acts. 27.2.11. Sick Leave Incentive Plan. If the average sick leave usage of employees in the Group is under forty(40)hours per year, calculated on annualized actual time off from October to October, based on the last pay periods ending in October, exclusive of catastrophic illness or injury requiring absence in excess of two hundred (200)hours or industrial injury leave in excess of eighty(80)hours,the annual payoff for unused sick leave will be as follows: Accrued Sick Leave Hours Rate of Payoff 0- 100 15% 101 —240 45 241 —560 60 Over 560(mandatory) 75 Page 18 of 32 27.3. Jury Duty Leave 27.3.1. Any full-time, including probationary, employee who is called for jury duty will be entitled to his/her regular pay for those hours of absence due to performance of the jury duty for a period up to twenty-two(22)working days. 27.3.2. Prior to jury duty service, employees must complete an online time off request form.To be entitled to receive regular pay for such jury leave, employees must report for work during their regularly scheduled work shift when they are relieved from jury duty service, unless there is less than one-half(%)of a regular shift remaining. Employees are not compensated forjury duty occurring on scheduled days off. 27.3.3. An employee serving jury duty must obtain an attendance slip from the court to be submitted to his/her supervisor with his/her timesheet in order to be eligible for regular pay for those hours of absence due to jury duty. 27.4. Witness Leave 27.4.1. Any full-time, including probationary, employee,who is required to be absent from work by a subpoena properly issued by a court,agency or commission legally empowered to subpoena witnesses, which subpoena compels his/her presence as a witness, except in a matter wherein he/she is named as a defendant or plaintiff or as an expert witness,will, upon approval of an online time off request, be entitled the time necessary to comply with such subpoena. An employee's regular pay will be reduced by the amount of witness leave pay received, exclusive of mileage. 27.4.2. 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 days service, exclusive of travel time. 27.5. Military Leave 27.5.1. 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. 27.5.2. 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 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 Page 19 of 32 employee may, at his or her option, elect to use vacation, administrative leave, or personal leave time to attend the scheduled reserve drill periods or to perform other inactive drill period obligations. Employees who participate in weekend military drill duty are not eligible for leave with pay for such activity, but may have their regular work schedule changed to accommodate the required time off. 27.6. Bereavement Leave 27.6.1. Any full-time employee,whether probationary or regular, shall receive a maximum of thirty-six(36) hours off with pay for the death or funeral of an immediate family member. Immediate family member is defined as the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic partner, biological child, adopted child, step-child, child of a domestic partner, grandchild, grandparent,foster parent,foster child, legal guardian, or any family member with whom the employee resides. Employees must submit an online time off request form for approval by their supervisor. 27.6.2. Part-time employees are eligible for bereavement leave on a pro-rata basis as set forth in applicable District Policy. 27.7. Administrative Leave 27.7.1. Effective the first pay period in July, regular full-time employees in the Group shall be granted forty(40) hours of Administrative Leave. Employees who are hired or promoted into the Group shall be granted Administrative Leave on a pro-rats basis per the following schedule: Hire Date Percent July-September 100% October-December 75% January-March 50% April-June 0% 27.7.2. Administrative Leave will be administered in accordance with the following guidelines: 27.7.2.1. Administrative Leave may be used in one-quarter-(0.25) hour increments 27.7.2.2. Any unused Administrative Leave,within the fiscal year granted, will not be carried over to the next fiscal year. 27.7.2.3. Any unused Administrative Leave,within the fiscal year granted, is not subject to cash out or eligible for any mandatory payout. Page 20 of 32 27.7.2.4. Employees who cease to be part of the Group for any reason will forfeit any unused Administrative Leave. ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY 28.1. It is the policy of the District to grant employees leaves-of-absence without pay under certain circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below, employees will not receive compensation during an unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)/CFRA (California Family Rights Act)for their own serious health condition. 28.2. Using the prescribed forms,approved by District management, any full-time, including probationary, or part-time employees with at least fifty-two(52)weeks of service and at least twelve hundred fifty(1,250)hours of service, may be granted an FMLA or CFRA leave-of-absence without pay, not to exceed twelve(12)weeks in a rolling twelve (12)month calendar period.A"rolling"twelve(12)month period is measured backward from the date the employee uses the leave.A request for leave of absence without pay must be made upon prescribed fors 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. 28.3.2. Vacation, administrative leave or personal leave accruals may be used for the care of the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband,wife,domestic partner, biological child, adopted child, step- child,foster child, legal ward, child of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any family member with whom the employee resides. 28.4. Permissible Uses 28.4.1. FMLA Leave. FMLA leave may be used for: 28.4.1.1. The birth of a child or to care for a newborn of an employee; 28.4.1.2. The placement of a child with an employee in connection with the adoption or foster care of a child; 28.4.1.3. The care for the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband,wife, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any family member with whom the employee resides, who has a serious health condition, as defined in the Act; Page 21 of 32 28.4.1.4. The employee's own serious health condition that renders the employee unable to perform the essential functions of his or her position, including incapacity due to pregnancy; 28.4.1.5. A qualifying exigency arising out of the fact that an employee's family member is on covered active duty or called to covered active duty status in the Armed Forces. A qualifying exigency may include activities such as making arrangements for childcare, attending counseling relating to the active duty of the service member, or attending to farewell or arrival arrangements for the service member; 28.4.1.6. The care for the employee's family member or"next of kin" service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty. This leave may consist of up to 26 weeks of unpaid leave during a single 12-month period. 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 duly. However, incapacity due to pregnancy may entitle an employee to up to four(4)months of pregnancy disability leave under California's Pregnancy Disability Leave(PDL)law. 28.5. General Provisions 28.5.1. 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 Page 22 of 32 return to active employment. 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 Soouses/Domestic Partners 28.5.5.1. FMLA Leave Married employees will be limited to a combined total of twelve(12)weeks FMLA or CFRA Leave in a rolling twelve(12)month calendar period for the care of a parent or newly born or placed child. 28.5.5.2. CFRA Leave Married employees and employees in domestic partnerships will be limited to a combined total of twelve (12) weeks CFRA Leave in a rolling twelve(12)month calendar period for the care of a parent or newly born or placed child. 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 Policv 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 Page 23 of 32 accrued leave hours, such as vacation, sick or personal,to receive compensation. Placement of an employee in an alternative position requires a pre-placement medical evaluation for the alternative job. 28.5.7.3. If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions(and cannot be reasonably accommodated if the employee is disabled within the meaning of ADA/FEHA)and there is not an alternative position, or the employee's restrictions are not compatible with an alternative position, or the employee is not willing to return to work,the employee will be re-classified as medically disqualified and not permitted to work. Thereafter, the employee will be retired for disability, if eligible,or dismissed. Such dismissal will not imply disciplinary action for cause. If requested,the employee's file will indicate the employee left for personal reasons. 28.5.8. Bridge of Service 28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is 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 Oren . de a Feipresentat ,e from the Supery erGroup and the Profess anal 29.1. The law requires meet and confer over changes to wages, hours,and terms and conditions of employment:the District is committed to complying with the law. 29�29.2. An employee who believes his/her position is not properly classified may submit Page 24 of 32 a written request to the Department Head asking that a classification study be conducted.The Department Head will acknowledge the request in writing and review the request for accuracy, and forward it to the Human Resources Department for consideration and response. Classification studies will only be conducted twice a year in November and during the budget process;therefore, classification study requests shall be submitted October 1'r for the November review and according to the Finance budget schedule which normally requests all information by the end of February. District management may also conduct classification studies at their discretion to ensure that the duties and responsibilities of all employees are appropriately allocated within the classification structure. 29 1 1 29.2.1. All classification study findings regarding existing classifications are subject to approval by the General Manager; findings recommending a new job classification range are subject to approval by the District's Board of Directors.The recommendations of the classification study will be implemented in the first pay period immediately following the completion of the study unless the recommendations require action to be taken by the Board of Directors prior to implementation. In such event, the recommendations will be implemented in the first pay period immediately following authorization by the Board. 29-2-29.3. Y-Ratina 29.2..1.29.3.1. 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. 29.2-2:29.3.2. Y-rating will be granted for all reclassifications where employees are working in a job classification with a lower maximum rate of pay resulting from changes to the District's staffing requirements, organizational structure or"bumping"associated with layoffs.Y-rating shall not apply in cases involving disciplinary actions or voluntary changes to a job classification with a lower maximum rate of pay(unless otherwise authorized by the General Manager). 29.2.2.29.3.3. 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. ARTICLE 30. - DRIVER'S LICENSE 30.1. Employees who are required by the District to drive must notify their supervisor and the Risk Management Division immediately upon receipt of any suspension or revocation of their California Driver's License privileges. Failure to do so could result in disciplinary action up to and including separation. 30.2. If an employee whose license is suspended or revoked and is unable to perform his/her regular duties and responsibilities notifies the District in a timely fashion, an attempt will be made to place the employee in an equal or lower level position for which he/she is qualified. Placement in the range of the new classification is subject to District's management discretion. 30.3. The District will continue to pay the license renewals and physical examination costs of Class A and B licenses that are specifically required by the District. Page 25 of 32 ARTICLE 31. - LAYOFF PROCEDURE 31.1. If, in the sole discretion of District's management, personnel reductions are necessary, layoff order and recall lists will be developed based upon job classification, priority of function,job performance, individual qualifications and seniority. The Group and employees subject to lay off will be provided with at least two (2)weeks notification in writing whenever possible. 31.2. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such request must be made in writing to the Human Resources Department within five(5)days of receipt of the Layoff Notice.The salary of an employee who voluntarily demotes will be unchanged, except that it may not exceed the top step of the range for the lower level classification. 31.3. Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for a period of two (2)years from the date of layoff. Individuals will be placed on the list in the inverse order of layoff, so that the last person laid off is the first recalled.When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment will be made to the individual on the top of the list. That individual must respond to the offer within five(5)days,or the offer will be made to the next person on the list. An individual who either does not respond or refuses three (3)consecutive offers will have his/her name removed from the list. 31.4. All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted. 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 duly will be paid the regular wage rate for the job classification to which he or she was assigned prior to being temporarily disabled. ARTICLE 33. - MEDICAL EXAMINATION 33.1. When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers his/her own health or safety, or that of others, the District may require that employee to be examined or evaluated by a health care provider. The purpose of such examination must be job related. Any examination under this provision will be conducted on District time and at District expense. An employee may submit an independent medical opinion regarding his/her condition and addressing his/her ability to competently perform the duties of the position. This information will be reviewed and considered by a competent medical authority in arriving at a decision regarding the individual's continued employment in the position. ARTICLE 34. - MILEAGE ALLOWANCE 34.1. Approved use of a personal vehicle for District business will be reimbursed at the current IRS rate. Page 26 of 32 ARTICLE 35. - ACTING PAY 35.1. Employees who are assigned by District management to perform the duties of an open, budgeted position at a higher level for a period of at least one hundred (100) consecutive hours will be eligible for a one(1)step salary increase, or the first step of the range for the higher level classification,whichever is greater.The higher rate of pay begins with the 101 st hour, and continues until the assignment ends or the six (6) month limitation has been reached at which time a determination will be made as to whether the position should or should not be posted. Requests for acting pay require the approval of the Department Head and the Human Resources Department. The one hundred (100)-hour eligibility period may be waived at the discretion of the General Manager.Time served in higher level assignments shall be credited as qualifying experience for Promotional purposes. ARTICLE 36. (This article intentionally left blank.) ARTICLE 37. - PERSONNEL FILES 37.1. Employees have the right to inspect their Personnel File in the Human Resources Department during the normal office hours of the Human Resources Department by appointment. Employees who wish to correct allegedly erroneous information in their file, or request that items related to disciplinary matters be removed after the indicated time period has elapsed, should submit a request in writing to the Human Resources Department. It is the responsibility of each employee to keep the personal information in his/her files current, including home address, telephone number and person to contact in an emergency. ARTICLE 38. - BULLETIN BOARDS 36.1. The Group may use the bulletin boards located at Plant 1 and Plant 2 which are designated for use by employee Groups to post notices to District employees provided that: (a) no controversial matter which is critical or derogatory of the District, its employees, officers or Directors may be posted; (b)nothing posted by the District may be removed; (c)the Group will remove its notices after a reasonable length of time; and (d)only a reasonable number of notices will be posted. ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS 39.1. A maximum of three (3)employees covered by this Agreement and appointed by the Group will be granted reasonable release time for attending meet and confer sessions at the bargaining table. Release time will not be compensated for any hours that exceed the employee's regularly scheduled hours of work. 39.2. The Group will provide the Human Resources Department with the names of employees requiring meet and confer release time in advance of the meet and confer session. The release time will be granted provided that the needs of the District permit the time away from assigned work. ARTICLE 40. - USE OF DISTRICT FACILITIES 40.1. District facilities may be used by the Group with prior notice to the Human Resources Department for the purpose of holding meetings,to the extent that such use does not Page 27 of 32 interfere with normal District operations.The Group agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1. The District and the Group acknowledge that during the negotiations which resulted in this Agreement, each parry had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects within the scope of representation.Therefore,the District and the Group,for the term of this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and each agrees that the other will not be obligated to bargain collectively with respect to any subject or matter contained in this Agreement. ARTICLE 42. - IMPASSE PROCEDURES 42.1. If either the District or Group declares that an impasse exists in the meet and confer process,the party so declaring may initiate the impasse procedure by providing the other party with a written request for an impasse meeting,together with a statement of its position on all issues.An impasse meeting will be scheduled and held between the parties within fourteen(14)calendar days or as soon as practicable to: 42.1.1. Review the position of the parties in a final effort to reach agreement on a memorandum of understanding, and if the impasse is not resolved,to discuss the immediate utilization of impasse procedures outlined herein. 42.2. Impasse Procedures are: 42.2.1. Mediation: If the parties mutually agree to submit the dispute to the State Mediator and Conciliation Service all mediation proceedings will be private and as soon as practicable. The mediator will make no public recommendation, nor take any public position at any time concerning the issues. 42.2.2. Fact-Finding: Whether the parties submit the dispute to mediation or not, the Group may request that the parties'differences be submitted to a facifinding panel as soon as practicable.The cost of a fact finder and other mutually incurred costs will be mutually shared by the District and Group. 42.2.3. Board Actions: If the parties fail to resolve the impasse,the dispute will be sent to the District Board of Directors for resolution. Each party will submit its written proposal on all issues to the Board.The Board may take such action to resolve the impasse as it deems appropriate to the public interest.Any action taken by the Board to resolve the impasse will be final and binding. ARTICLE 43. -SEVERABILITY 43.1. Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection of this Agreement will be declared invalid by any court or by any state or federal law or regulation, or should a decision by any court or any state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the District,the District and the Group will meet and confer on the affected article, section or subsection. In such event, all other articles, sections or subsections of this Agreement not affected will continue in full force and Page 28 of 32 effect. ARTICLE 44. - UNIFORMS 44.1. The District will provide and maintain ten (10)uniform pants and shirts, which may include the name of the employee and District seal, at no cost to employees whose duties require that they wear uniforms. The District will also provide lab coats as required by the lab manager. 44.2. All employees who are issued uniforms must wear them during the performance of their regular duties. Other clothing appropriate to the occasion, as determined by District management, may be worn when attending business meetings. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary action. ARTICLE 45. - SUBSTANCE ABUSE POLICY 45.1. The District's Substance Abuse Policy will apply to all Group members.The District and the Group agree to meet and confer for any proposed revisions to the policy. The District may adopt or implement rules, regulations and policies to be in compliance with federal and state laws. In such cases, notification will be provided to the Group prior to implementation. 45.2. Department of Transportation (DOT) Reaulations 45.2.1. Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver's license requirements of the Department of Transportation, Federal Highway Administration CFR Part 382 is subject to the District's Anti-Drug and Alcohol Program. The District will ensure that all alcohol or controlled substances testing conducted under the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part 40. 45.3. District's Substance Abuse Policv: 45.3.1. Any employee may be subject to discipline, up to and including termination, for any alcohol screen test that indicates an alcohol concentration level of 0.02%or greater. ARTICLE 46. - DUES DEDUCTIONS 46.1. At monthly orientation meetings for new employees, a Group informational packet will be provided to those employees holding Group-represented positions. The informational packet will include Group contact information, a Group Payroll Deduction Authorization Form, and a transmittal indicating: 46.1.1. Management representatives will not encourage or discourage Group membership participation; 46.1.2. The employee belongs to a classification represented by the Group; 46.1.3. The Group is the exclusive recognized employee organization for all employees in the Group; and Page 29 of 32 46.1.4. The employee may complete the Group Payroll Deduction Authorization Form and submit it to the Human Resources Department if he/she would like to join the group. 46.2. The District will deduct from each regular paycheck and remit to Group the dues, initiation fees and assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations must be fled by the end of the pay period prior to the period for which the deduction is requested. 46.3. The District will provide the Group a quarterly list of the names of those employees for whom it has made deductions. In addition,the District will provide the names of new employees and the names of employees who have terminated within the reporting period. ARTICLE 47. — MAINTENANCE OF MEMBERSHIP 47.1. All employees who—, Gn-JWy�997;are members of the Group, or who thereafter become members of the Group, shall remain members of the Group, except that any employee may withdraw his/her membership by written notice to the Group and the District during the ten day period between ninety(90)and one hundred (100)days preceding the expiration of this agreement. ARTICLE 48. — PEACEFUL RESOLUTION OF DISPUTES 48.1. During the term of this Memorandum, or any subsequent period when impasse resolution procedures are in progress or recommendations resulting from such procedures are being considered by the parties,the District agrees it will not lockout employees in this Group, and Group agrees that it will neither advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor encourage employees to refrain in whole or in part from the full, faithful and proper performance of their duties of employment. ARTICLE 49. (This article intentionally left blank) ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY 50.1. The District's Workplace Violence and Weapons Policy will apply to all Group members.The District and the Group agree to meet and confer for any proposed revisions to the policy. ARTICLE 51. - RESIGNATION 51.1. Voluntary written resignation of employment with the District is irrevocable after seventy-two(72)hours from the District's receipt of the resignation except by approval of the Human Resources Department. ARTICLE 52. (This article intentionally left blank) Page 30 of 32 SIGNATURE PAGE 2013 2016—20196 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES OF THE SUPERVISOR GROUP Executed: SUPERVISOR GROUP ORANGE COUNTY SANITATION DISTRICT Carlos MejiaSleve Koffkkroth, Business ofames-.-.o.� 'eLaura Kalty, Chief Negotiator Representative, AFSCME Council 36 (Affiliate of SPMG) Marc Brown, Principal Staff Analyst james D. Herberg, GeneraklylaregerCellia Chandler. Director of Human Resources Angela Brandt, Accounting Supervisor Robert P. GhiFell , Asa slant GAPA4 ManagerAndrew Nau. Principal Human Resources Analyst Bob Bell, Maintenance Supervisor MaeagerLaura Maravilla Human Resources SupervisoAndrew Nau, PrnG+pal Human Rego-imps AnalysiJanine Aguilar. Principal Human Resources Analyst AnalysiLaurie Klinger. Senior Human Resources Analyst Page 31 of 32 APPENDIX A Medical Insurance Plan Design Components-� CURRENT STATE Non-Network Deductible $150/$450 $1 300/52,60 Annual Out-of- 2000 3000 2500 5000 Pocket Max/Member Annual Out-of- q 000 6 000 5 000 10 000 Pocket Max/Family Physician Office Visit 15 Visit 30% 10% 30% Specialist Off ice Visit 15 Visit 30% 10% 30% Preventive Care No Charge 30% No Charge Not Covered 30%(up to Inpatient Hospitalization 10% 30%+$500 10% $1.000/day,non - emergencyl Outpatient 10% 30% 10% 30%(up to Hospitalization/Surgery $350/admit) Emereencv Room $100/Visit $100/Visit $100/Visit (waived if admitted) (waived if admitted) (waived if admitted) Infertility Benefits Not Covered Not Covered Urgent Care 15 Visit 30% 10% 30% Chiropractic 15 Visit 30% 10% Visit 30% Visit (30 visits/year) (30 visits/year) (30 visits/year) (30 visits/year) Opt-Out from Plan Yes Yes Yes P $5/$20/$3S S10/S25/S40 after Retail (30-day supply) Not Covered deductible Not Covered (30-day supply) $5/$40/$70 $201$501$80 after Mail Order deductible (90-day supply) Not Covered 190 Not Covered -day supply) Plan Design Components will include any applicable mandated legislative changes. 3 This is not a complete descnption of all benefit Provisions.The information contained in Summary Plan Descriptions(SPDs)and Evidence of Coverage EOC booklets revails. Page 32 of 32 Medical Insurance Plan Design Componentsit CURRENT STATE Kaiser ze Deductible None None $50001ndividu al $10000 Family Annual Out of1500 $1,500 6250 Pocket Max/Member Annual Out of3000 $3.000 12500 Pocket Max/Family Physician Office Visit 15 Visit 15 Visit 60 Visit Specialist Office Visit 15 Visit 15 Visit 70 Visit Preventive Care No Charge No Charge No Charge Inpatient Hospitalization $100 Admit $100 Admit 30% Outpatient 50 Admit 15 Co-Day 30% Hospitalization/Surgery (Per procedure) Emergency Room 100 Visit 100 Visit 300 Visit (waived if admitted) (waived if admitted) (waived if admitted) Infertility Benefits Status Quo Not Covered Urgent Care 15 Visit 15 Visit 60 Visit Chiropractic SO Visit 10 Visit Not Covered (30 visits/year) (30 visits/year) Opt-Out from Plan Yes Yes Yes G d S5/$20/$35 s 20 $15/$50 medical Retail (30-day supply) (30-day supply) deductible applies (30-day supplvl $5/$40/$70 g 20 $30/$100 medical Mail Order 100-daysupplvl (100-dav suoolvl deductible applies 1100-day suoolvl Plan Design Components will include any applicable mandated legislative changes. 'This is not a com let.descd lion of all benefit provisims.1ne informOon contained in Summary Plan Descriptions(SPD. and Evidence of Coverage EOC booklets prevails. APPENDIXQ Page 33 of 32 fiber �9 $3,990 439e 4500 $4,000 $F,999 $3,000 $3,000 p 3Q% 3G% PFIVIRtiW QF. N8 ChaFge 3G% inpatient Hose tal Mien 10% �t50 $10 dm $ 0 „.. $Io 6------_ tnfem n Status Qua 36% $10/Vsit $10/Vsit h mp:aat;c f39 visHs{year� a a �9 «��,< «��,_ 0 o (ae-dev supply) (30 day supply) f1e9-day-seaa4vi (90 day A9ail-e�9eF supply) WA Page 34 of 32 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES IN THE PROFESSIONAL GROUP July 1, 2013 2016 through June 30, 24�62019 TABLE OF CONTENTS ARTICLE I. -RECOGNITION.............................................................................................................................1 ARTICLE2. -DURATION....................................................................................................................................1 ARTICLE 3. -SUCCESSOR AGREEMENT........................................................................................................1 ARTICLE 4. -GROUP ACCESS.........................................................................................................................1 ARTICLE S. -GROUP RIGHTS...........................................................................................................................2 ARTICLE 6. -DISTRICT RIGHTS.......................................................................................................................2 ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT.................................................................................2 ARTICLE S. -SMOKE-FREE WORK ENVIRONMENT......................................................................................2 ARTICLE9. -SAFETY........................................................................................................................................3 ARTICLE 10. -DISCIPLINE AND DISMISSAL.....................................................................................................3 ARTICLE 11. -GRIEVANCE PROCEDURE.........................................................................................................4 11.3.1. STEP 1 ..................................................................................................................................................... 5 11.3.2. STEP 2..................................................................................................................................................... 5 11.3.4. STEP 3..................................................................................................................................................... 5 11.3.5. STEP 4.....................................................................................................................................................6 ARTICLE 12. -PROBLEM SOLVING PROCEDURE...........................................................................................6 ARTICLEI3. -SALARY ADJUSTMENTS AND COMPENSATION....................................................................6 13.3. MERIT PAY............................................................................................................................................... 7 13.4. PERFORMANCE MANAGEMENT PROGRAM................................................................................................... 7 13.5. DEVELOPMENT PAY................................................................................................................................... 7 13.9. SALARY RANGE......................................................................................................................................... 6 13.10. INVESTMENT INCENTIVE SALARY(IIS)........................................................................................................ 8 ARTICLE 14. -SEVERANCE PAY........................................................................................................................8 ARTICLE 15. -DEFERRED COMPENSATION....................................................................................................8 ARTICLE16. -HOLIDAYS....................................................................................................................................9 16.2. FLOATING HOLIDAY................................................................................................................................... 9 ARTICLE 17. -HOURS OF WORK.................................................................................................................... 10 ARTICLE18. ...................................................................................................................................................... 10 ARTICLE19. ................................................................................................................................................... 10 ARTICLE 20. -INSURANCE.............................................................................................................................. 10 20.3. MEDICAL INSURANCE............................................................................................................................... 10 20.6. GROUP INSURANCE................................................................................................................................. 11 20.7. LIFE INSURANCE...................................................................................................................................... 11 20.9. LONG TERM DISABILITY........................................................................................................................... 11 20.10. DENTAL INSURANCE................................................................................................................................ 12 20.11. VISION INSURANCE.................................................................................................................................. 12 20.12. RETIRING EMPLOYEES............................................................................................................................. 12 ARTICLE 21. -REIMBURSEMENT ACCOUNT................................................................................................. 12 21.2. MEDICAL REIMBURSEMENT ACCOUNT...................................................................................................... 12 21.3. DEPENDENT CARE ASSISTANCE ACCOUNT............................................................................................... 13 Page ARTICLE 22. -EXTRAORDINARY SERVICES COMPENSATION.................................................................. 13 ARTICLE 23. -PROBATIONARY PERIOD....................................................................................................... 14 ARTICLE24. -PROMOTIONS........................................................................................................................... 14 ARTICLE 25. -RETIREMENT............................................................................................................................ 15 25.1.1. EMPLOYEES HIRED PRIOR TOSEPTEMBER 21. 1979................................................................................. 15 25.1.2. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1.2010........................... 15 25.1.3. EMPLOYEES HIRED ON OR AFTER OCTOBER 1.2010................................................................................. 15 ARTICLE 26. -SHIFT DIFFERENTIAL.............................................................................................................. 16 ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY............................................................................................ 16 27.1. VACATION LEAVE.................................................................................................................................... 16 27.2. SICK LEAVE............................................................................................................................................ 17 27.3. JURY DUTY LEAVE.................................................................................................................................. 19 27.4. WITNESS LEAVE...................................................................................................................................... 19 27.5. MILITARY LEAVE...................................................................................................................................... 19 27.6. BEREAVEMENT LEAVE.............................................................................................................................20 27.7. ADMINISTRATIVE LEAVE...........................................................................................................................20 ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY....................................................................................21 28.3. SUBSTITUTION OF PAID LEAVE.................................................................................................................21 28.4. PERMISSIBLE USES.................................................................................................................................21 28.5. GENERAL LEAVE.....................................................................................................................................23 28.6. RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE...................................................................23 28.7. COMPLIANCE WITH LAW...........................................................................................................................24 ARTICLE 29. -CLASSIFICATION STUDIES.....................................................................................................24 29.4. Y-RATING...............................................................................................................................................25 ARTICLE 30. -DRIVER'S LICENSE..................................................................................................................25 ARTICLE 31. -LAYOFF PROCEDURE.............................................................................................................26 ARTICLE 32. -LIGHT DUTY..............................................................................................................................26 ARTICLE 33. -MEDICAL EXAMINATION.........................................................................................................26 ARTICLE 34. -MILEAGE ALLOWANCE...........................................................................................................26 ARTICLE 35. -ACTING PAY.............................................................................................................................27 ARTICLE36. ......................................................................................................................................................27 ARTICLE 37. -PERSONNEL FILES..................................................................................................................27 ARTICLE 38. -BULLETIN BOARDS.................................................................................................................27 ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS........................................................27 ARTICLE 40. -USE OF DISTRICT FACILITIES................................................................................................27 ARTICLE 41. -SCOPE OF BARGAINING.........................................................................................................28 ARTICLE 42. -IMPASSE PROCEDURES.........................................................................................................28 42.2. IMPASSE PROCEDURES...........................................................................................................................28 ARTICLE43. -SEVERABILITY.........................................................................................................................28 ARTICLE44. -UNIFORMS................................................................................................................................29 ARTICLE 45. -SUBSTANCE ABUSE POLICY.................................................................................................29 45.2. DEPARTMENT OF TRANSPORTATION REGULATIONS...................................................................................29 Page ii ARTICLE 46. - DUES DEDUCTIONS.................................................................................................................29 ARTICLE 47. - MAINTENANCE OF MEMBERSHIP.........................................................................................30 ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES.............................................................................. 30 ARTICLE49. ...................................................................................................................................................... 30 ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY............................................................. 30 ARTICLE 51. -RESIGNATION .......................................................................................................................... 30 ARTICLE52. ......................................................................................................................................................30 SIGNATUREPAGE..............................................................................................................................................31 APPENDIX A ...........................................................................................ERROR! BOOKMARK NOT DEFINED. Page iii MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES IN THE PROFESSIONAL GROUP In accordance with the provisions of California Government Code Sections 3500, at seq., and Resolution No. 99-24 of the Joint Boards of Directors,the District's authorized representatives have met and conferred in good faith with representatives of the Professional Group. These meetings have resulted in an agreement and understanding to recommend that the employees represented by the Professional Group accept these terms and conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of employment for the employees represented by the Professional Group as set forth in this Agreement. ARTICLE 1. - RECOGNITION 1.1. This Agreement, effective July 1,20452016, is entered into between the Orange County Sanitation District, referred to hereinafter as the"District", and the Professional Group, referred to hereinafter as"Group", as a mutual recommendation to the Board of Directors of the District of those wages, hours of work,and terms and conditions of employment. ARTICLE 2. - DURATION 2.1. This Agreement will be binding on the District and the Group when approved and adopted by the District's Board of Directors. This Agreement will terminate on June 30,20162019. Any issue regarding the question of representation shall be brought pursuant to the Employer-Employee Relations Resolutions (EERR), Resolution No. OCSD 99-24. ARTICLE 3. - SUCCESSOR AGREEMENT 3.1. The Group will submit in writing its initial proposal for a successor agreement prior to the expiration date of this Agreement. ARTICLE 4. - GROUP ACCESS 4.1. A Group representative will have access to the District facilities during normal working hours for the purpose of assisting Group employees in processing grievances or investigating matters arising out of the application of provisions of this Agreement. 4.2. The Group will provide the Human Resources Department or designee, with a list of Representatives who are authorized to request access under this article,and will notify the Director of Human Resources, or designee, of any changes in that list. 4.3. Group access will not unreasonably interfere with District operations, or with the work of employees in any manner.The District reserves the right to restrict access in certain areas designated confidential or secure. Page 1 of 31 ARTICLE 5. - GROUP RIGHTS 5.1. The Group may designate up to five(5)employees to act as representatives for employees covered by this Agreement. The Group will furnish the Human Resources Department with the names of employees selected as representatives and will update the list as necessary.An alternate representative may be designated to act in the absence of the regular representative. Employees not listed on the roster of representatives provided to the District by the Group may not act as representatives. 5.2. Representatives will not perform non work-related duties on work time without the prior approval of their immediate supervisor. Neither the District nor the Group will interfere with, intimidate, restrain, coerce or discriminate against employees because of the exercise or non-exercise of their rights to engage in Group activity. ARTICLE 6. - DISTRICT RIGHTS 6.1. District inherent rights, powers,functions,duties, responsibilities and authority related to a managerial or administrative character are reserved to the District in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. District rights include, but are not limited to,the exclusive right to consider the merits, necessity or organization of any service or activity provided by law, or administrative order; determine the mission of its constituent departments, commissions and boards; set standards of service, determine the procedures and standards of selection for employment and promotion; establish and implement performance standards; direct its employees;take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of funds; maintain the efficiency of District operations; determine the methods, means and personnel by which District operations are to be conducted; determine the content of job classifications; classify and reclassify positions;take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 6.2. District retains all authority and rights conferred on it by law, or other legal sources, except to the extent that such authority is explicitly waived by the express terms of this agreement. District exercise of its management rights hereunder shall not be subject to appeal or meeting and conferring, however,that the exercise of such rights does not preclude the Group from appealing or meeting and conferring the practical consequences or impacts that District decisions have on wages, hours, and other terms and conditions of employment. ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT 7.1. There will be no unlawful discrimination in the application of the provisions of this Agreement with regard to actual or perceived race, color, religion, national origin, ancestry, sex, gender, pander identitfv gender expression sexual orientation, age. physical or mental disability, medical condition, genetic information marital status or military or veteran status or any other lawfully protected class. To the extent required by law or by the DistricPs rules or regulations,this provision of the Agreement will be applied to all members of the Group without regard to mar;tal status,handicap, medical ^^a'''^^ ^ d sab ed veteran, ^^"'^any protected classification. ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT 8.1. The District endorses and supports the right of all employees to work in a healthy and Page 2 of 31 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 h'vaping"1 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.The Group will cooperate by encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all employees covered by this Agreement, in the course of performing their assigned duties,to be alert to unsafe practices, equipment, and conditions,and to follow the safety regulations and requirements of the District, and to report any unsafe practices or conditions to their immediate supervisor. An employee will not be required to perform work that is unsafe. ARTICLE 10. - DISCIPLINE AND DISMISSAL 10.1. Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the Group: verbal reprimand;written reprimand; suspension without pay; reduction in pay; demotion to a classification with a lower pay grade, or dismissal. 10.2. Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the District forjust cause. 10.3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4. A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves suspension without pay, reduction in pay, demotion to a classification with a lower pay grade, or dismissal.The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee's last known address. Such personal delivery or mailing will be presumed to provide actual notice to the affected employee. The Notice of Intent will indicate the date on which it was personally delivered or deposited in the mail, which will be the date of issuance. 10.5. The Notice of Intent will contain the following: (1)a description of the disciplinary action intended and the effective date of the action; (2)the reasons for the proposed action; (3)a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline, or to a District management representative with authority to make an effective recommendation on the proposed action; the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice will also advise the employee of the right to representation. 10.6. Prior to the effective date of the proposed disciplinary action,the employee will be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response,the District will notify the employee in writing of the action that will be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however,the District may reduce Page 3 of 31 discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District's Personnel Policies& Procedures Manual. 10.7. Dismissal will be preceded by at least one (1)written reprimand,except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct.The District may substitute documented suspensions without pay for written reprimands. 10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-disciplinary hearing. The request must be submitted to the Assistant General Manager or designee,within ten If 0)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 A^^'^. gi ant Gp,"^^^^r- ManagerDirector 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. If the hearing officer upholds the disciplinary action, the employee will pay the full cost and expenses of the hearing officer. 10.9. All disciplinary action documentation, except verbal reprimand documentation,will be placed in an employee's Personnel File in the Human Resources Department. Verbal reprimand documentation will be kept in the supervisor's employee files. Supervisors shall inform management staff when a verbal reprimand is to be implemented. If after twenty-four(24) months from implementation there have been no recurrences of similar incidents, the supervisor shall destroy the verbal reprimand documentation. 10.10. Written reprimands may be removed from an employee's personnel file twenty-four (24)months subsequent to the date of the issuance, provided that there has been no recurrence of a similar incident during the period. If the Human Resources Department agrees to remove the written reprimand documentation from an employee's personnel file such documentation will be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the District proposed discipline. 10.11. Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article will be construed as a waiver of any statutory or constitutional rights. 10.12. A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, "bumping" associated with layoffs, reasonable accommodation) shall not be considered discipline. ARTICLE 11. - GRIEVANCE PROCEDURE 11.1. A grievance is any complaint that management has violated a specific provision of this Agreement, except that, in accordance with Article 10 above, discipline which Page 4 of 31 requires a Notice of Intent may not be reviewed under this Grievance Procedure. 11.2. A grievance may be brought to the attention of the District by an individual employee within the Group or by the Group.The District may not bring a grievance through this procedure. Grievances brought by two(2)or more employees, and concerning the same incident, issue, or course of conduct,or multiple grievances brought by the same employee may, upon mutual agreement of the District and the Group, be consolidated for the purposes of this procedure. 4 9-:2-.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. 4-4-11.4. An employee maybe self-represented or be represented by the Group at all steps of the Grievance Procedure unless specifically agreed otherwise by the Group and the employee. The District will provide a copy of all written grievance settlements to the Group. Any reference to days in this article implies business days. 113k11.4.1. Step 1. An employee who has a complaint will attempt to resolve it with his/her immediate supervisor within five-()ten 10 days of the occurrence of the event giving rise to the complaint,or within fwe{b)ten 10 days from the time that the employee became aware of such event.The supervisor will attempt to resolve the issues surrounding the complaint, and respond to the employee within five-( en 10)days. 11-32.11.4.2. Step 2. If the grievance is not settled informally at Step 1, it may be submitted in writing to the employee's Department Head, or designee. This request for formal review must be presented on a form provided by the District within five ten (510)days of the conclusion of Step 1. A copy of each written communication on a grievance shall be filed with the Assistant General Manager,or designee. The written grievance must: 41 2 2 1 11.4.2.1. Identify the specific management act to be reviewed; 41 2 2 2.11.4.2.2. Specify how the employee was adversely affected; 41 2 2�.11.4.2.3. List the specific provisions of this agreementthe-M9U that were allegedly violated and state how they were violated; 41 2 2 4 11.4.2.4. Specify the remedy requested; and �2.5.11.4.2.5. Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. 1132 11.4.3. The Department Head will respond in writing to the employee within ten (10)days after the date the grievance is received. 113411.4.4. Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the Assistant General Manager,or designee, for review and written response.The request for formal review must be presented on a form provided by the District within ten (10)days of the conclusion of Step 1 or 2, and must contain the information specified in Step 2 above. A copy of each written communication on a grievance shall be filed with the Assistant General Manager, or designee.The Assistant General Manager, or designee, will respond in writing to the employee within ten (10)days after Page 5 of 31 the date the grievance is received. 44-3-&11.4.5. Step 4. If the grievance cannot be resolved under Step 3, it may be presented to the General Manager within ten (10)days from the date the Step 3 finding was issued.The General Manager, or designee, will respond in writing to the employee within fifteen (15)days after the date the grievance is received. The decision of the General Manager is final. 44-411.5. 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 the Group,the Group may designate one(1)employee to present and process the grievance.The employee representative will be given reasonable time off without loss of pay to perform this responsibility. Absence from work will be approved only if it does not cause disruption to District operations. However, if the time requested cannot be provided, an alternate time will be arranged. 41a11.6. Failure of a supervisor, Department Head or other management representative to respond within the appropriate time limit will provide a basis for the employee appealing to the next step. If a grievance is not presented or appealed within the time limits, it will be considered resolved on the basis of the preceding response. The Human Resources Department may be petitioned in writing to waive the step or time requirements provided sufficient cause exists. Time limits may also be extended at any step upon mutual agreement of the parties. The District agrees to meet face-to- face with the employee at each step of the grievance procedure at the request of the employee. 14-.45-11.7. Resolution may be agreed upon at any stage of the grievance process. However, the Group will be notified prior to the resolution of any formal grievance matter. ARTICLE 12. - PROBLEM SOLVING PROCEDURE 12.1. Employees may bring problems to the attention of District managers through the Problem Solving Procedure. This Procedure was developed to encourage and facilitate the resolution of employee concems in a responsive and fair manner, and may be used to attempt to resolve issues that may not be subjected to the Grievance Procedure. Any reference to days in this article implies business days. 12.2. Employees should discuss concerns regarding issues that are not grevable with their supervisor as soon as possible. The supervisor will review the situation or decision, and provide a written response within five(5)days from the date they were notified of the problem. 12.3. If the problem is not resolved to the employee's satisfaction, the employee may file a written statement concerning the problem with the Human Resources Department within ten (10)days of receipt of the supervisor's decision. Upon request of either party, a meeting will be held to define issues and establish the remedies sought. The employee will be provided a written response within ten (10)days after his/her statement is received. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the Human Resources Department is final. ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION 13.1. Each pay grade is divided into five(5)steps, with an approximate 5.0% difference between each step. Page 6 of 31 13.2. Pay increases will only apply to eligible employees in an active payroll status on the effective date of implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective after the date of implementation. 13.3. Merit Pav 13.3.1. Step Increase Pav—Group employees are 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: 13.3.1.1. Eligible-Employees must have a proficient year-end performance appraisal to receive a one(1)step base-building salary increase until earning placement at step five (5). 13.3.1.2. Ineligible-Employees who are placed on a Performance Improvement Plan (PIP)due to a needs improvement performance review on the year-end appraisal or who are on a PIP at the time of the year-end appraisal period will remain at their current step until the PIP is satisfactorily completed. 13.4. Performance Management Program: The performance management program includes two(2)rating categories (proficient and needs improvement)for performance appraisals. 13.5. Development Pav—Employees under this Agreement are eligible for Development Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum amount each pay period. Employees must have a proficient year-end performance appraisal to be eligible for the following Development Pay types: 13.5.1. Education—Effective the first pay period in July 2016. €eligible employees who obtain or who have obtained a graduate degree of approved subjects at an accredited college or university will receive $62.2975_00 per pay period. T nt of Fducat an Pay s fixed of$62 nn per nn. n 13.5.2. Certification/License—Effective the first pay period in July 2016 eligible employees who obtain or who have obtained a District approved certification or license will receive$7.62 15.24 per pay period per certificate or license with a maximum of three(3)certificates and/or licenses. The max mum nme nt of nertfiGat on/1 sense pay for any m6'net'n of Gant f'sate And/or Inenses 'n fixed at$22 ac per nn per+od. 13.5.3. 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. 1266 The overallm Development nnf on ,for eduGat on, an f Gat on andlor I'Parses s faxed at G9515 per pa per i`ad. 43-7- 3.6. Employees who are placed on a PIP due to a needs improvement performance Page 7 of 31 review on the year-end performance appraisal are not eligible for Development Pay until the PIP is satisfactorily completed. 43..&13.7. 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. 49-9- 3.8. Salary Range Adjustments 13.9.1.13.8.1. Effective the first pay period in July29 ltly 2016, employees under this Agreement will receive salary range adjustments at a flat rate of 28/2.5%. 13.8.2. Effective the first pay period in July-201 qJ 2017, employees under this Agreement will receive salary range adjustments at a flat rate of 2 0%2.50%. 13 9 2 13.8.3. Effective the first pay period in July 2018, employees under this Agreement will receive salary range adjustments at a flat rate of 2.50%. 13,10,13.9. Investment Incentive Salary(IIS) 13 10 1 13.9.1. An additional amount of 4%of base salary will be paid to employees hired or promoted into the Group on or before October 16, 2003 in a lump-sum amount each pay period.This provision continues to make employees whole as a result of the Ventura decision.The above percentages will not be counted toward base salary for the purpose of salary surveys. ,'�13.9.2. In addition, employees hired or promoted into the Group on or before October 16, 2003 will be paid $1250 annually or$48.08 per pay period in HIS to further encourage savings and investment for retirement. 43�8.a13.9.3. IIS amounts are applied to annual, retirement, and termination leave payouts for eligible employees. ARTICLE 14. - SEVERANCE PAY 14.1. Employees are expected to give a minimum of two(2)weeks written notification when terminating employment with the District. Except for disciplinary cause,when a full-time employee is terminated by action of the District,the employee will be notified in writing two (2)weeks prior to the effective separation date. The employee will be entitled to severance pay in accordance with the formula set forth below: 14.1.1. 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 Page 8 of 31 15.1. Employees may participate in the District approved deferred compensation plan, subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by District management. ARTICLE 16. - HOLIDAYS 16.1. The days listed below are observed by the District as holidays. Employees will receive holiday pay if their entire scheduled work shifts immediately preceding and following the holiday are in a paid payroll status, meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts.When an employee's work schedule requires that they work on an observed holiday,the employee will be paid at the employee's regular rate of pay for the holiday, and will also receive pay at the rate of one and one half(1.5)times his/her regular hourly rate for all hours actually worked. Employees may also elect to receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay. When a holiday occurs on an employee's regular scheduled day off,the employee will accrue compensatory time off for the amount of hours normally scheduled for that day. Employees with a compensatory time off balance in excess of fifty(50) hours as of the last pay period ending in October will receive a mandatory payout for the hours that exceed fifty(50). Holidays New Year's Day Lincoln's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday" 16.2. Floating Holiday: Employees may elect one(1)day during each year as a "Floating Holiday."New employees shall be granted a"Floating Holiday'on a pro rate basis in the first calendar year of service per the following table: Hire Date Percent 1 st Quarter(January-March) 100% 2^d Quarter(April-June) 75% 3'd Quarter(July-September) 50% Page 9 of 31 Hire Date Percent P`Quarter(October-December) 0% 16.3. Employees must use the"Floating Holiday'within the year it is granted. Every effort will be made to approve an employee's request for a"Floating Holiday"off providing sufficient notice is given. 16.4. Part-time employees are eligible for holiday benefits on a pro-rata basis as set forth in applicable District Policy. ARTICLE 17. - HOURS OF WORK 17.1. The work schedule for full-time employees will be eighty(80) hours per biweekly pay period, normally scheduled in shifts of five(5)eight 8-hour days each week.four(4) nine-9-hour days each week and one (1)additional 8-hour day on alternate weeks (9/80),four(4)ten 10-hour days each week(8/80), or three(3)twelve 12-hour days each week and one(1)additional 8-hour day on alternate weeks (7180). However, with the approval of the employee's supervisor, employees may be allowed to flex their schedule within the pay period provided that the business needs,work Flow, and customer service needs of the District are met. 17.2. The District may, at its sole discretion, change an employee's work schedule with thirty(30)days written notice to the affected employee,which may be waived by the employee per written request. 17.2.1. The 30-day notice will not be applicable if the change is a result of a reasonable accommodation. ARTICLE 18. (This article intentionally left blank) ARTICLE 19. (This article intentionally left blank) ARTICLE 20. - INSURANCE 20.1. The District will provide healthcare and welfare insurance benefits. 20.2. All insurance coverage will become effective on the first day of the month following date of hire, regardless of hire date.An open enrollment period will be held annually. on& Hart r., RealpeneF The D StF Gt e couc agree Fxnegis rAninp, A Alhor ty(GSAG FIA), or to another Garr er d reedy, and varied 24.¢20.3. Medical Insurance 20120.3.1. The District will provide medical health insurance coverage Page 10 of 31 through a Health Maintenance Organization(HMO)medical insurance plan,-aad a Preferred Provider Organization(PPO)medical insurance plan,and a High Deductible Health Plan (HDHP). •-•"sud- - h a 28.�20.4. Regular.full-time emolovees The District will contribute 90%of employee only premiums for the HMO medical health plans and 80%of employee only premiums for the PPO medical plan. The District will contribute 80%of the employee +1 dependent and full family premiums for the HMO or PPO medical plans. Any change in insurance rates will be shared equally in same ratio as the District and employees currently pay premiums. Before the renewal of any District sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.5. Regular, part-time employees Part-time employees are eligible for medical insurance benefits on a pro-rata basis as set forth in the applicable District Policy. 20.6. 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 HSAAS 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. 2B. The District may reopen negotiations at any time during the term of this agreement to address the impact of the Affordable Care Act(ACA). 20.7. 20:7-20.8. Group Insurance Premiums 2 -7-4-20.8.1. Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis. 2B:&20.9. Life Insurance 20.8.1.20.9.1. The District will pay the full premium for$50,000 term life insurance on each employee. 20?.120.10. Short Term Disability 20?9.1.20.10.1. The District will provide a non-work related, short-term disability indemnity plan that provides benefits for employees equal to the maximum weekly amount provided through California's State Disability Insurance(SDI) program for up to twenty-six (26)weeks following a fourteen (14)calendar day waiting period. 20 4&20.11. Long Term Disability 29404-.20.11.1. The District will provide a non-work related, long-term disability indemnity plan that pays two-thirds of the employee's rate of pay in effect at the time of such disability, not to exceed $5,000 per month,following a 90-day waiting period of continuous disability, at such time that an employee completes five (5)years of service. Page 11 of 31 20:44-. -20.11.2. For participants age 64 and younger,the maximum period of payment is based on the Social Security Act retirement age of 65. For participants age 65 and older,the maximum period of payment is specified. The specified periods and additional information about coverage is included in OCSD's long term disability plan contract accessible on the intranet. 20.10.3.20.11.3. No combination of disability or sick leave pay will result in more than an employee's regular rate of pay. Employees may not receive short-term and long-term disability benefits at the same time.An employee who is otherwise not eligible for District paid Long Term Disability may purchase such coverage at their own expense. 20120.12. Dental Insurance 29444-.20.12.1. The District will contribute 80%of employee only and full family premiums for dental insurance. M 12.20.13. Vision Insurance 20.124-.20.13.1. The District will provide a vision insurance plan for regular,full- time employees and eligible dependents. Part-time employees are eligible for vision insurance benefits on a pro-rata basis as set forth in applicable District Policy. 201320.14. Retiring Employees 244414-.20.14.1. The District will pay, for employees hired prior to July 1, 1988, two and one-half(2.5)months' premium for each year of continuous service of a retiring employee towards the premium costs of coverage for the employee and eligible dependents under the District medical plan. 20:32-2-20.14.2. 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. 20 433-.20.14.3. The District will continue to implement the retiree medical health premium offset program wherein the cost of health premiums are offset by$10 per month for every year of continuous service up to a maximum of 25 years or$250 per month. ARTICLE 21. - REIMBURSEMENT ACCOUNT 21.1. Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion of the cost of benefits under the Plan through salary redirection arrangements. The options available under the flexible benefits program are listed below. This is a brief overview of the different options. For complete information regarding Flexible Spending Accounts employees must refer to the plan booklet available in the Human Resources Department. 21.2. Medical Reimbursement Account 21.2.1. The purpose of this account is to provide a method through which the Page 12 of 31 employee can accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of reimbursing himself/herself for payment of health care costs not otherwise covered by his/her medical insurance. 21.3. Dependent Care Assistance Account 21.3.1. The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of reimbursing himself/herself for child care expenses or day care for a disabled dependent ARTICLE 22. — EXTRAORDINARY SERVICES COMPENSATION 22.1. Employees in the Group are exempt from the overtime provisions of the Fair Labor Standards Act. However,when services are required beyond what is normally expected of a position in this Group, employees will be eligible to receive additional compensation, as defined herein, for the performance Of^U" oertormina extraordinary services, upon approval of r Department Head or des'^^^^ as set forth below. Extraordinary services shall be defined as: 22.1.1. The General Manager declares an emeraencv.A declaration of an emergency is at the sole discretion of the General Manager whose decision is final and not sub act to any other provision of this Agreement. including Article 11 —Grievance Procedure or Article 12—Problem Solving Procedure. 22.1.2. The General Manager determines that there exists a critical event.A critical event is defined as work of a prolonged nature: involving non- emergency related services: major special projects: or when a substantial effort must be expended to meet a compliance date or scheduled deadline. The designation of a critical event is at the sole discretion of the General Manager whose decision is final and not sub act to any other provision of this Agreement, including Article 11 — Grievance Procedure or Article 12—Problem Salvino Procedure. 22.1.3. Written approval of a critical event must be obtained in advance of the work to be performed. The authorization shall set forth the work to be accomplished,the anticipated start and end date and those employees expected to participate in the work. The Department Head or designee will be responsible for determining the actual start and end date as well as those who actually work the event. 22.2. Upon the declaration of an emergency or upon the designation of a critical event employees will be compensated as follows: 22.2.1. Compensation will be restricted to those employees that are assigned to the event, independent from which department they are assigned. 22 1 1 22.2.2. For emergencies, compensation will occur for all hours outside the employee's regularly scheduled work shift. For critical events, compensation will occur for all hours after an initial 10 hours of uncompensated time has elapsed. 22.2.3. Employees in the Operations Supervisors classification will be Page 13 of 31 receive additional compensation at one and one-half(1.5)times their regular rate of pay caused by an emergency declared as such by the General Manager 0 D :a ons, wh an becomes necessary to Cover h ^ regularly,.A.,h an fall, on an othery�e non Work day OF sh .All other classifications shall receive straight time compensation. ARTICLE 23. — PROBATIONARY PERIOD 23.1. All new employees serve an initial probationary period beginning with the date of hire and extending to at least the first day of the pay period following six monthsks of employment without a break in service. Extended absence without pay, short-term and long-term disability and Workers' Compensation leave does not provide an opportunity to judge an employees'capability to meet performance expectations for a position, and thus the time spent on such leaves will not be included towards completion of the probationary period and may result in an extension. 23.2. Employees who are rehired following a break in service must complete a new probationary period whether or not one was previously completed. An employee may be released during his/her Probationary Period at the discretion of the District without recourse to the Grievance Procedure. 23.3. Employees who are reassigned or laterally transferred will serve a probationary period of six monthstwent�eks. The"probationary period"shall not divest an employee of his/her property right in his/her former position. Rejection of probation during this period shall result in the employee reverting to his/her former assignment and/or position. ARTICLE 24. — PROMOTIONS 24.1. A promotion is the appointment of an employee to another classification with a higher maximum rate of pay.The District will determine whether a vacant position will be filled as an open or promotional recruitment.Whenever the District intends to fill a position by promotion, the District will post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of posting. Notices will be posted on the District's intranet. 24.1.1. Wier t^ ,the n..tleast one (1)m n mally qua'fied appl sent,the 6�#Of shall -and-Gtzm .,s,...t.. ..a...t.. t on In the event them ex sts a 24.2. A promoted employee will serve a promotional probationary period lasting at least until the first day of the pay period six months h.errty c:- (.. 26 weekc:.cc!:c after the effective date of the promotion. 24.3. At any time during the promotional probationary period, an employee may be returned to his/her previous position.The promotional probation period may be extended by mutual agreement between the employee and District management for Page 14 of 31 up to ninety(90)days. 24.4. If an employee is promoted during his/her initial probationary period, the period will be extended until at least the first day of the pay period six months 64 weeksafter the effective date of the promotion. 24.5. Promoted employees will receive the equivalent of a one(1)step increase in pay, not to exceed the top of the range for the new classification or the minimum rate of the new classification whichever is greater. ARTICLE 25. — RETIREMENT 25.1. The District will continue participation in the Orange County Employees Retirement System (OCERS),wherein all full-time employees and part-time employees scheduled to work twenty(20)hours per week or more are considered members. The following retirement program is in effect pursuant to the contract between OCERS and the District. 25.1.1. Employees hired prior to September 21, 1979: The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan G)based on the highest consecutive twelve (12) months average earnings, past and future service. 25.1.1.1. The District will continue to pay 4.5%towards the employee's contribution to OCERS for those employees who elected to make a one-time decision to remain in the Plan G program. 25.1.2. Employees hired on or after September 21, 1979 and before October 1. 2010:The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan H) based on the highest consecutive thirty-six(36)months average earnings, past and future service. 25.1.2.1. The District will continue to pay 3.5% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.1.3. Employees hired on or after October 1, 2010 and before January 1, 2013: The District will contract with OCERS to provide the 1.667% @ 57.5 benefit formula (Plan B) based on the highest consecutive thirty-six (36)months average earnings, past and future service. 25.1.3.1. The District will pay 0°% of an eligible employee's base salary towards the employee's contributions to OCERS. 25.1.4. Employees hired on or after January 1. 2013: The District will contract with OCERS to provide the 2.5% @ 67 benefit formula(Plan U - PEPRA) based on the highest consecutive thirty-six(36)months average earnings, past and future service. 25.1.4.1. The District will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.2. All monies actually contributed into the retirement system by an employee will be deducted from gross salary for taxation purposes in accordance with Internal Page 15 of 31 Revenue Code provisions. ARTICLE 26. - SHIFT DIFFERENTIAL 26.1. Employees who are assigned to work a night shift that consists of 50%or more of the hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift will receive a shift differential of$2.50 per hour. ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY 27.1. Vacation Leave 27.1.1. Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with the first day of employment, in accordance with the following schedule: Years of Service Hours-Biweekly Hours-Annual In years 0 through 4 3.08 80 In years 5 through 10 4.62 120 In year 11 4.93 128 In year 12 5.24 136 In year 13 5.54 144 In year 14 5.85 152 In year 15 6.16 160 In year 16 6.46 168 In year 17 6.77 176 In year 18 7.08 184 In year 19 7.39 192 In year 20 and over 7.69 200 27.1.2. Part-time employees accrue vacation leave on a pro-rata basis as set forth in applicable District Policy. 27.1.3. Vacation leave begins after an employee has completed twenty-six (26) weeks of continuous service.After his/her first twenty-six(26)weeks of service, his/her account will be credited with forty(40)hours. After that time,they will accrue vacation hours consistent with the above chart. Vacation leave may only be utilized in increments of one-half hour or more. Vacation leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave payroll status. 27.1.4. When unpaid absences occur,vacation leave accruals will be applied by straight proration of leave accruals based on the number of hours paid within the pay period, and is applicable to all types of leave,whether legally protected or not. 27.1.5. Annual Payoff. Employees may have a maximum accumulation of two hundred (200) hours as of the last day of the final pay period in December of each year. In the event an employee accrues vacation leave in excess of two hundred (200)hours, it must be used prior to said Page 16 of 31 December date,all other remaining hours in excess of two hundred (200) will be paid to the employee in the first pay period in January at the employee's then current hourly rate of compensation. 27.2. Sick Leave 27.2.1. Definition. Sick leave is an insurance or protection provided by the District to be granted to employees in circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right to take time off from work. Sick leave is defined as the absence from duty of an employee because of a bona fide illness, injury, or pregnancy�r to attend to the illness or injury of a family member as hereinafter defined: 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).Temporary employees shall receive are-not ant ided-te sick leave benefits as required by State law..- 27.2.2. Method. -Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid sick leave at the rate of three and one- half(3.5)hours for each biweekly pay period of continuous service; ninety-one (91) hours per year. Full-time employees hired on or after November 27, 1981, accrue paid sick leave at the rate of three(3.0) hours for each biweekly pay period of continuous service; (seventy-eight (78) hours per year), beginning with the first day of employment. 27.2.3. Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy. 27.2.4. When unpaid absences occur,sick leave accruals will be applied by straight proration of leave accruals based on the number of hours paid within the pay period, and is applicable to all types of leave,whether legally protected or not. 27.2.5. Annual Payoff. Employees may elect annually to be paid for any unused sick leave hours accrued through the end of October at their current hourly rate according to the following payoff schedule. Accrued Sick Leave Hours Rate of Payoff 0-100 0% 101-240 25% 241-560 35% Over 560 (mandatory) 50% 27.2.6. Employees who terminate for any reason other than retirement or death will be compensated for any accrued and unused sick leave according to the above schedule. Employees who retire or decease with twenty(20) years or more of service will be paid at the one hundred percent(100%) rate for all accrued and unused sick leave. Employees who retire or decease with less than twenty(20)years of service will be paid at the seventy-five percent(75%)rate for all accrued and unused sick leave. 27.2.7. Permissible Uses. Sick leave may be applied only to: Page 17 of 31 27.2.7.1. Absence due to illness, injury or pregnancy of an employee. 27.2.7.2. Absence due to medical and dental office appointments of an employee when approved by the employee's supervisor. 27.2.7.3. Absence for the care of the employee's father,father-in-law, mother, mother-in-law, brother, sister, husband, wife, domestic partner, child, child of domestic partner, grandparent, grandchild legal guardian,or family member with whom the employee resides. 27.2.7.4. Absence due to a job-related injury. "�'-r.'.".27.2.7.5. Absence related to 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). 27.2.8. General Provisions. To qualify for sick leave pay, the employee must notify the District at or in advance of the time the employee is scheduled to report for duty. Minimum charge to the employee's sick leave account will be one-half(0.5)hour increments. 27.2.9. The Human Resources Department and department management will be responsible for controlling the abuse of the sick leave privilege. For absences of ten (10)consecutive working days or more,a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to the Human Resources Department. Upon return to work, a written doctor's release must be submitted to the Human Resources Department. For absences of one (1)or more working days in an unpaid status, a request for leave and a medical statement,on prescribed fors,stating expected date of return must be submitted to the Human Resources Department. 27.2.10. If the need for leave is due to the employee's serious health condition,as defined in the Family and Medical Leave Act("FMLA")or the California Family Rights Act("CFRA"), the certification requirement will comply with the provisions of these Acts. 27.2.11. Sick Leave Incentive Plan. If the average sick leave usage of employees in the Group is under forty(40)hours per year, calculated on annualized actual time off from October to October, based on the last pay periods ending in October, exclusive of catastrophic illness or injury requiring absence in excess of two hundred (200)hours or industrial injury leave in excess of eighty(80)hours,the annual payoff for unused sick leave will be as follows: Accrued Sick Leave Hours Rate of Payoff 0- 100 15% 101 —240 45 241 —560 60 Over 560(mandatory) 75 Page 18 of 31 27.3. Jury Duty Leave 27.3.1. Any full-time, including probationary, employee who is called for jury duty will be entitled to his/her regular pay for those hours of absence due to performance of the jury duty for a period up to twenty-two(22)working days. 27.3.2. Prior to jury duty service, employees must complete an online time off request form.To be entitled to receive regular pay for such jury leave, employees must report for work during their regularly scheduled work shift when they are relieved from jury duty service, unless there is less than one-half(%)of a regular shift remaining. Employees are not compensated forjury duty occurring on scheduled days off. 27.3.3. An employee serving jury duty must obtain an attendance slip from the court to be submitted to his/her supervisor with his/her timesheet in order to be eligible for regular pay for those hours of absence due to jury duty. 27.4. Witness Leave 27.4.1. Any full-time, including probationary, employee,who is required to be absent from work by a subpoena properly issued by a court,agency or commission legally empowered to subpoena witnesses, which subpoena compels his/her presence as a witness, except in a matter wherein he/she is named as a defendant or plaintiff or as an expert witness,will, upon approval of an online time off request, be entitled the time necessary to comply with such subpoena. An employee's regular pay will be reduced by the amount of witness leave pay received, exclusive of mileage. 27.4.2. 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 days service, exclusive of travel time. 27.5. Military Leave 27.5.1. 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. 27.5.2. 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 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 Page 19 of 31 employee may, at his or her option, elect to use vacation, administrative leave, or personal leave time to attend the scheduled reserve drill periods or to perform other inactive drill period obligations. Employees who participate in weekend military drill duty are not eligible for leave with pay for such activity, but may have their regular work schedule changed to accommodate the required time off. 27.6. Bereavement Leave 27.6.1. Any full-time employee,whether probationary or regular, shall receive a maximum of thirty-six(36) hours off with pay for the death or funeral of an immediate family member. Immediate family member is defined as the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic partner, biological child, adopted child, step-child, child of a domestic partner, grandchild, grandparent,foster parent,foster child, legal guardian, or any family member with whom the employee resides. Employees must submit an online time off request form for approval by their supervisor. 27.6.2. Part-time employees are eligible for bereavement leave on a pro-rata basis as set forth in applicable District Policy. 27.7. Administrative Leave 27.7.1. Effective the first pay period in July, regular full-time employees in the Group shall be granted forty(40) hours of Administrative Leave. Employees who are hired or promoted into the Group shall be granted Administrative Leave on a pro-rats basis per the following schedule: Hire Date Percent July-September 100% October-December 75% January-March 50% April-June 0% 27.7.2. Administrative Leave will be administered in accordance with the following guidelines: 27.7.2.1. Administrative Leave may be used in one-quarter-(0.25) hour increments 27.7.2.2. Any unused Administrative Leave,within the fiscal year granted, will not be carried over to the next fiscal year. 27.7.2.3. Any unused Administrative Leave,within the fiscal year granted, is not subject to cash out or eligible for any mandatory payout. Page 20 of 31 27.7.2.4. Employees who cease to be part of the Group for any reason will forfeit any unused Administrative Leave. ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY 28.1. It is the policy of the District to grant employees leaves-of-absence without pay under certain circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below, employees will not receive compensation during an unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)/CFRA (California Family Rights Act)for their own serious health condition. 28.2. Using the prescribed forms,approved by District management, any full-time, including probationary, or part-time employees with at least fifty-two(52)weeks of service and at least twelve hundred fifty(1,250)hours of service, may be granted an FMLA or CFRA leave-of-absence without pay, not to exceed twelve(12)weeks in a rolling twelve (12)month calendar period.A"rolling"twelve(12)month period is measured backward from the date the employee uses the leave.A request for leave of absence without pay must be made upon prescribed fors 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. 28.3.2. Vacation, administrative leave or personal leave accruals may be used for the care of the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband,wife,domestic partner, biological child, adopted child, step- child,foster child, legal ward, child of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any family member with whom the employee resides. 28.4. Permissible Uses 28.4.1. FMLA Leave. FMLA leave may be used for: 28.4.1.1. The birth of a child or to care for a newbom of an employee; 28.4.1.2. The placement of a child with an employee in connection with the adoption or foster care of a child; 28.4.1.3. The care for the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband,wife, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any family member with whom the employee resides, who has a serious health condition, as defined in the Act; Page 21 of 31 28.4.1.4. The employee's own serious health condition that renders the employee unable to perform the essential functions of his or her position, including incapacity due to pregnancy; 28.4.1.5. A qualifying exigency arising out of the fact that an employee's family member is on covered active duty or called to covered active duty status in the Armed Forces. A qualifying exigency may include activities such as making arrangements for childcare, attending counseling relating to the active duty of the service member, or attending to farewell or arrival arrangements for the service member; 28.4.1.6. The care for the employee's family member or"next of kin" service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty. This leave may consist of up to 26 weeks of unpaid leave during a single 12-month period. 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 duly. However, incapacity due to pregnancy may entitle an employee to up to four(4)months of pregnancy disability leave under California's Pregnancy Disability Leave(PDL)law. 28.5. General Provisions 28.5.1. 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 Page 22 of 31 return to active employment. 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 Soouses/Domestic Partners 28.5.5.1. FMLA Leave Married employees will be limited to a combined total of twelve(12)weeks FMLA or CFRA Leave in a rolling twelve(12)month calendar period for the care of a parent or newly born or placed child. 28.5.5.2. CFRA Leave Married employees and employees in domestic partnerships will be limited to a combined total of twelve (12) weeks CFRA Leave in a rolling twelve(12)month calendar period for the care of a parent or newly born or placed child. 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 Policv 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 Page 23 of 31 accrued leave hours, such as vacation, sick or personal,to receive compensation. Placement of an employee in an alternative position requires a pre-placement medical evaluation for the alternative job. 28.5.7.3. If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions(and cannot be reasonably accommodated if the employee is disabled within the meaning of ADA/FEHA)and there is not an alternative position, or the employee's restrictions are not compatible with an alternative position, or the employee is not willing to return to work,the employee will be re-classified as medically disqualified and not permitted to work. Thereafter,the employee will be retired for disability, if eligible, or dismissed. Such dismissal will not imply disciplinary action for cause. If requested,the employee's file will indicate the employee left for personal reasons. 28.5.8. Bridge of Service 28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is 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 Oren . de a Feipresentat ,e from the Supery or Group and the Profess anal 29.1. The law requires meet and confer over changes to wages, hours,and terms and conditions of employment:the District is committed to complying with the law. 29�29.2. An employee who believes his/her position is not properly classified may submit Page 24 of 31 a written request to the Department Head asking that a classification study be conducted.The Department Head will acknowledge the request in writing and review the request for accuracy, and forward it to the Human Resources Department for consideration and response. Classification studies will only be conducted twice a year in November and during the budget process;therefore, classification study requests shall be submitted October 1'r for the November review and according to the Finance budget schedule which normally requests all information by the end of February. District management may also conduct classification studies at their discretion to ensure that the duties and responsibilities of all employees are appropriately allocated within the classification structure. 29 1 1 29.2.1. All classification study findings regarding existing classifications are subject to approval by the General Manager; findings recommending a new job classification range are subject to approval by the District's Board of Directors.The recommendations of the classification study will be implemented in the first pay period immediately following the completion of the study unless the recommendations require action to be taken by the Board of Directors prior to implementation. In such event, the recommendations will be implemented in the first pay period immediately following authorization by the Board. 29-2-29.3. Y-Ratina 29.2..1.29.3.1. 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. 29.2-2:29.3.2. Y-rating will be granted for all reclassifications where employees are working in a job classification with a lower maximum rate of pay resulting from changes to the District's staffing requirements, organizational structure or"bumping"associated with layoffs.Y-rating shall not apply in cases involving disciplinary actions or voluntary changes to a job classification with a lower maximum rate of pay(unless otherwise authorized by the General Manager). 29.2.2.29.3.3. 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. ARTICLE 30. - DRIVER'S LICENSE 30.1. Employees who are required by the District to drive must notify their supervisor and the Risk Management Division immediately upon receipt of any suspension or revocation of their California Driver's License privileges. Failure to do so could result in disciplinary action up to and including separation. 30.2. If an employee whose license is suspended or revoked and is unable to perform his/her regular duties and responsibilities notifies the District in a timely fashion, an attempt will be made to place the employee in an equal or lower level position for which he/she is qualified. Placement in the range of the new classification is subject to District's management discretion. 30.3. The District will continue to pay the license renewals and physical examination costs of Class A and B licenses that are specifically required by the District. Page 25 of 31 ARTICLE 31. - LAYOFF PROCEDURE 31.1. If, in the sole discretion of District's management, personnel reductions are necessary, layoff order and recall lists will be developed based upon job classification, priority of function,job performance, individual qualifications and seniority. The Group and employees subject to lay off will be provided with at least two (2)weeks notification in writing whenever possible. 31.2. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such request must be made in writing to the Human Resources Department within five(5)days of receipt of the Layoff Notice.The salary of an employee who voluntarily demotes will be unchanged, except that it may not exceed the top step of the range for the lower level classification. 31.3. Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for a period of two (2)years from the date of layoff. Individuals will be placed on the list in the inverse order of layoff, so that the last person laid off is the first recalled.When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment will be made to the individual on the top of the list. That individual must respond to the offer within five(5)days,or the offer will be made to the next person on the list. An individual who either does not respond or refuses three (3)consecutive offers will have his/her name removed from the list. 31.4. All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted. 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 duly will be paid the regular wage rate for the job classification to which he or she was assigned prior to being temporarily disabled. ARTICLE 33. - MEDICAL EXAMINATION 33.1. When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers his/her own health or safety, or that of others, the District may require that employee to be examined or evaluated by a health care provider. The purpose of such examination must be job related. Any examination under this provision will be conducted on District time and at District expense. An employee may submit an independent medical opinion regarding his/her condition and addressing his/her ability to competently perform the duties of the position. This information will be reviewed and considered by a competent medical authority in arriving at a decision regarding the individual's continued employment in the position. ARTICLE 34. - MILEAGE ALLOWANCE 34.1. Approved use of a personal vehicle for District business will be reimbursed at the current IRS rate. Page 26 of 31 ARTICLE 35. - ACTING PAY 35.1. Employees who are assigned by District management to perform the duties of an open, budgeted position at a higher level for a period of at least one hundred (100) consecutive hours will be eligible for a one(1)step salary increase, or the first step of the range for the higher level classification,whichever is greater.The higher rate of pay begins with the 101 st hour, and continues until the assignment ends or the six (6) month limitation has been reached at which time a determination will be made as to whether the position should or should not be posted. Requests for acting pay require the approval of the Department Head and the Human Resources Department. The one hundred (100)-hour eligibility period may be waived at the discretion of the General Manager.Time served in higher level assignments shall be credited as qualifying experience for Promotional purposes. ARTICLE 36. (This article intentionally left blank.) ARTICLE 37. - PERSONNEL FILES 37.1. Employees have the right to inspect their Personnel File in the Human Resources Department during the normal office hours of the Human Resources Department by appointment. Employees who wish to correct allegedly erroneous information in their file, or request that items related to disciplinary matters be removed after the indicated time period has elapsed, should submit a request in writing to the Human Resources Department. It is the responsibility of each employee to keep the personal information in his/her files current, including home address, telephone number and person to contact in an emergency. ARTICLE 38. - BULLETIN BOARDS 36.1. The Group may use the bulletin boards located at Plant 1 and Plant 2 which are designated for use by employee Groups to post notices to District employees provided that: (a) no controversial matter which is critical or derogatory of the District, its employees, officers or Directors may be posted; (b)nothing posted by the District may be removed; (c)the Group will remove its notices after a reasonable length of time; and (d)only a reasonable number of notices will be posted. ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS 39.1. A maximum of three (3)employees covered by this Agreement and appointed by the Group will be granted reasonable release time for attending meet and confer sessions at the bargaining table. Release time will not be compensated for any hours that exceed the employee's regularly scheduled hours of work. 39.2. The Group will provide the Human Resources Department with the names of employees requiring meet and confer release time in advance of the meet and confer session. The release time will be granted provided that the needs of the District permit the time away from assigned work. ARTICLE 40. - USE OF DISTRICT FACILITIES 40.1. District facilities may be used by the Group with prior notice to the Human Resources Department for the purpose of holding meetings,to the extent that such use does not Page 27 of 31 interfere with normal District operations.The Group agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1. The District and the Group acknowledge that during the negotiations which resulted in this Agreement, each parry had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects within the scope of representation.Therefore,the District and the Group,for the term of this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and each agrees that the other will not be obligated to bargain collectively with respect to any subject or matter contained in this Agreement. ARTICLE 42. - IMPASSE PROCEDURES 42.1. If either the District or Group declares that an impasse exists in the meet and confer process,the party so declaring may initiate the impasse procedure by providing the other party with a written request for an impasse meeting,together with a statement of its position on all issues.An impasse meeting will be scheduled and held between the parties within fourteen(14)calendar days or as soon as practicable to: 42.1.1. Review the position of the parties in a final effort to reach agreement on a memorandum of understanding, and if the impasse is not resolved,to discuss the immediate utilization of impasse procedures outlined herein. 42.2. Impasse Procedures are: 42.2.1. Mediation: If the parties mutually agree to submit the dispute to the State Mediator and Conciliation Service all mediation proceedings will be private and as soon as practicable. The mediator will make no public recommendation, nor take any public position at any time concerning the issues. 42.2.2. Fact-Finding: Whether the parties submit the dispute to mediation or not, the Group may request that the parties'differences be submitted to a facifinding panel as soon as practicable.The cost of a fact finder and other mutually incurred costs will be mutually shared by the District and Group. 42.2.3. Board Actions: If the parties fail to resolve the impasse,the dispute will be sent to the District Board of Directors for resolution. Each party will submit its written proposal on all issues to the Board.The Board may take such action to resolve the impasse as it deems appropriate to the public interest.Any action taken by the Board to resolve the impasse will be final and binding. ARTICLE 43. -SEVERABILITY 43.1. Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection of this Agreement will be declared invalid by any court or by any state or federal law or regulation, or should a decision by any court or any state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the District,the District and the Group will meet and confer on the affected article, section or subsection. In such event, all other articles, sections or subsections of this Agreement not affected will continue in full force and Page 28 of 31 effect. ARTICLE 44. - UNIFORMS 44.1. The District will provide and maintain ten (10)uniform pants and shirts, which may include the name of the employee and District seal, at no cost to employees whose duties require that they wear uniforms. The District will also provide lab coats as required by the lab manager. 44.2. All employees who are issued uniforms must wear them during the performance of their regular duties. Other clothing appropriate to the occasion, as determined by District management, may be worn when attending business meetings. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary action. ARTICLE 45. - SUBSTANCE ABUSE POLICY 45.1. The District's Substance Abuse Policy will apply to all Group members.The District and the Group agree to meet and confer for any proposed revisions to the policy. The District may adopt or implement rules, regulations and policies to be in compliance with federal and state laws. In such cases, notification will be provided to the Group prior to implementation. 45.2. Department of Transportation (DOT) Reaulations 45.2.1. Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver's license requirements of the Department of Transportation, Federal Highway Administration CFR Part 382 is subject to the District's Anti-Drug and Alcohol Program. The District will ensure that all alcohol or controlled substances testing conducted under the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part 40. 45.3. District's Substance Abuse Policv: 45.3.1. Any employee may be subject to discipline, up to and including termination, for any alcohol screen test that indicates an alcohol concentration level of 0.02%or greater. ARTICLE 46. - DUES DEDUCTIONS 46.1. At monthly orientation meetings for new employees, a Group informational packet will be provided to those employees holding Group-represented positions. The informational packet will include Group contact information, a Group Payroll Deduction Authorization Form, and a transmittal indicating: 46.1.1. Management representatives will not encourage or discourage Group membership participation; 46.1.2. The employee belongs to a classification represented by the Group; 46.1.3. The Group is the exclusive recognized employee organization for all employees in the Group; and Page 29 of 31 46.1.4. The employee may complete the Group Payroll Deduction Authorization Form and submit it to the Human Resources Department if he/she would like to join the group. 46.2. The District will deduct from each regular paycheck and remit to Group the dues, initiation fees and assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations must be fled by the end of the pay period prior to the period for which the deduction is requested. 46.3. The District will provide the Group a quarterly list of the names of those employees for whom it has made deductions. In addition,the District will provide the names of new employees and the names of employees who have terminated within the reporting period. ARTICLE 47. — MAINTENANCE OF MEMBERSHIP 47.1. All employees who—, Gn-JWy�997;are members of the Group, or who thereafter become members of the Group, shall remain members of the Group, except that any employee may withdraw his/her membership by written notice to the Group and the District during the ten day period between ninety(90)and one hundred (100)days preceding the expiration of this agreement. ARTICLE 48. — PEACEFUL RESOLUTION OF DISPUTES 48.1. During the term of this Memorandum, or any subsequent period when impasse resolution procedures are in progress or recommendations resulting from such procedures are being considered by the parties,the District agrees it will not lockout employees in this Group, and Group agrees that it will neither advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor encourage employees to refrain in whole or in part from the full, faithful and proper performance of their duties of employment. ARTICLE 49. (This article intentionally left blank) ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY 50.1. The District's Workplace Violence and Weapons Policy will apply to all Group members.The District and the Group agree to meet and confer for any proposed revisions to the policy. ARTICLE 51. - RESIGNATION 51.1. Voluntary written resignation of employment with the District is irrevocable after seventy-two(72)hours from the District's receipt of the resignation except by approval of the Human Resources Department. ARTICLE 52. (This article intentionally left blank) Page 30 of 31 SIGNATURE PAGE 2"3-2016—20196 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES OF THE PROFESSIONAL GROUP Executed: PROFESSIONAL GROUP ORANGE COUNTY SANITATION DISTRICT CaAes MejaSleve Ko roth, Business oanne;-.-.o.� 'sLaura KaIN, Chief Negotiator Representative, AFSCME Council 36 (Affiliate of SPMG) Marc Brown, Principal Staff Analyst james D. Herberg, GenerakManagerCellia Chandler. Director of Human Resources Natasha Dubrovski, Principal Contracts Administrator ManagerAndrew Nau. Principal Human Resources Analyst 6risiiwa-StanferdLarry Roberson, Senior Accountant ManagerLaura Maravilla Human Resources SupervisoAndrew Nau, PrnG+pal Human Rego-imps; AnalysiJanine Aguilar. Principal Human Resources Analyst AnalyslLaurie Klinger. Senior Human Resources Analyst Page 31 of 31 APPENDIX A Medical Insurance Plan Design Components-� CURRENT STATE _ I High Ded Non-Network Deductible $150/$450 $1 300/$2 600 Annual Out-of- 2,00 $3.000 2500 5000 Pocket Max/Member Annual Out-of- q 000 6 000 5 000 10 000 Pocket Max/Family Physician Office Visit 15 Visit 30% 10% 30% Specialist Off ice Visit 15 Visit 30% 10% 30% Preventive Care No Charge 30% No Charge Not Covered 30%(up to Inpatient Hospitalization 10% 30%+$500 10% $1.000/day,non - emergencyl Outpatient 30% 30% 10% 30%(u to Hospitalization/Surgery $350/admit) Emereencv Room $100/Visit $100/Visit $100/Visit (waived if admitted) (waived if admitted) (waived if admitted) Infertility Benefits Not Covered Not Covered Urgent Care 15 Visit 30% 10% 30% Chiropractic 15 Visit 30% 10% Visit 30% Visit (30 visits/year) (30 visits/year) (30 visits/year) (30 visits/year) Opt-Out from Plan Yes Yes Yes P $5/$20/$3S S10/S25/S40 after Retail (30-day supply) Not Covered deductible Not Covered (30-day supply) $5/$40/$70 $201$501$80 after Mail Order deductible (90-day supply) Not Covered j90-daysupplvl Not Covered Plan Design Components will include any applicable mandated legislative changes. 3 This is not a complete descnption of all benefit Provisions.The information contained in Summary Plan Descriptions(SPDs)and Evidence of Coverage EOC booklets avails. Page 32 of 31 Medical Insurance Plan Design Componentsi� CURRENT STATE Kaiser ze Deductible None None $50001ndividu al $10000 Family Annual Out of1500 $1,500 6250 Pocket Max/Member Annual Out of3000 $3.000 12500 Pocket Max/Family Physician Office Visit 15 Visit 15 Visit 60 Visit specialist Office Visit 15 Visit 15 Visit 70 Visit Preventive Care No Charge No Charge No Charge Inpatient Hospitalization $100 Admit $100 Admit 30% Outpatient 50 Admit 15 Co-Day 30% Hospitalization/Surgery (Per procedure) Emergency Room 100 Visit $100/Visit 300 Visit (waived if admitted) (waived if admitted) (waived if admitted) Infertility Benefits Status Quo Status Quo Not Covered Urgent Care 15 Visit 15 Visit 1wVisit Chiropractic SO Visit 10 Visit Not Covered (30 visits/year) (30 visits/year) Opt-Out from Plan Yes Yes Yes G d S5/$20/$35 s 20 $15/$50 medical Retail (30-day supply) (30-day supply) deductible applies (30-day supplvl $5/$40/$70 g 20 $30/$100 medical Mail Order 100-daysupplvl (100-dav suoolvl deductible applies 1100-day suoolvl Plan Design Components will include any applicable mandated legislative changes. 'This is not a com let.descd lion of all benefit provisims.1ne informOon contained in Summary Plan Descriptions(SPD. and Evidence of Coverage EOC booklets prevails. APPENDIXQ Page 33 of 31 �daEa;�ie 5 Alsne Plene fiber �9 $3,990 439e 4500 $4,000 $F,999 $3,000 $3,000 p 3Q% 3G% PFIVIRtiW QF. N8 ChaFge 391s Mien 10% �t50 $10 dm $ 0 „.. $Io 6------_ tnfe °^^^fm 3Hfes Qua Status Qua h mp:aa;c f39 36% $10/Vsit $10/Vsit visHs{year� a a �9 o m *es Yes ues «��,< «��,_ 0 o (ae-dev supply) (30 day supply) (100 day-seaa4v) (90 day A9ail-e�9eF supply) WA Page 34 of 31 STEERING COMMITTEE MeetingDae TOBd.ofDir. 30/26/16 10/26/16 AGENDA REPORT ItemNumber IemNumber 4 Orange County Sanitation District FROM: Laura Kalty, Chief Negotiator SUBJECT: SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE ORANGE COUNTY EMPLOYEES ASSOCIATION CHIEF NEGOTIATOR'S RECOMMENDATION A. Adopt Resolution No. OCSD 16-22, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Orange County Employees Association (OCEA), for Fiscal Years 2016/2017, 2017/2018 & 2018/2019"; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the three (3) OCEA bargaining units. BACKGROUND The MOUs between the Orange County Sanitation District (Sanitation District) and the three OCEA bargaining units that became effective on July 1, 2014 expired on June 30, 2016. OCEA submitted its initial proposal for successor MOU(s) on June 15, 2016. OCEA and the Sanitation District have met and conferred in good faith seven (7) times since receiving the initial proposal. As of the last Board meeting on September 28, 2016, two (2) items proposed had either reached tentative agreement or had been withdrawn. On September 28, 2016, the Board of Directors authorized and directed the Chief Negotiator to make a counter proposal to OCEA including a three-year contract with a 2.5% salary increase due in the first pay period in July for each year of the contract. The Sanitation District delivered this counter proposal to OCEA on October 11, 2016. OCEA's membership ratified the proposal by majority vote in October 2016. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Competitive compensation and benefits • Highly qualified, well trained, motivated, and diverse workforce • Negotiate fair and equitable labor agreements • Positive employer, employee relations • Provide professional growth & development Page 1 of 4 PROBLEM The MOUs between the Sanitation District and the OCEA bargaining units that became effective on July 1, 2013 expired on June 30, 2016. PROPOSED SOLUTION Adopt Resolution No. OCSD 16-22, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Orange County Employee Association (OCEA), for Fiscal Years 2016/2017, 2017/2018 & 2018/2019". Based on Board direction, the Sanitation District issued a counter proposal to OCEA on October 11, 2016, including three-year contracts with a 2.5% salary increase for each year of the contract. OCEA distributed the proposal to their membership for voting and OCEA's membership ratified the proposal by majority vote in October 2016. RAMIFICATIONS OF NOT TAKING ACTION • Labor instability • Possible impacts to morale • Impasse PRIOR COMMITTEE/BOARD ACTIONS On February 19, 2016, an Ad Hoc Subcommittee of the Steering Committee selected Laura Kalty from Liebert Cassidy Whitmore to serve as the Sanitation District's Chief Negotiator. In preparation for and during the meet and confer process, the Chief Negotiator received direction for labor negotiations with OCEA from the Steering Committee and the Board of Directors. The OCEA meet and confer process was agendized for discussion in Closed Session at the following Committee/Board meetings: • April 27, 2016 - Steering Committee and Board Meeting • June 22, 2016 - Steering Committee • July 27, 2016 - Steering Committee and Board Meeting • August 24, 2016 - Steering Committee Meeting • September 28, 2016 - Steering Committee and Board Meeting ADDITIONAL INFORMATION The OCEA is the recognized employee organization certified to provide exclusive representation overwages, hours of work, and otherterms and conditions of employment for 104 non-exempt District employees spread across three (3) bargaining units: the Page 2 of 4 Administrative and Clerical Unit, the Technical Services Unit, and the Engineering Unit. These employees perform administrative, clerical, and/or para-professional tasks in support of their assigned function or program. The MOUs between the Sanitation District and OCEA expired on June 30, 2016. Based on Board direction, the Sanitation District issued a counter proposal to OCEA on October 11, 2016, including three-year contracts with a 2.5% salary increase for each year of the contract. OCEA distributed the proposal to their membership for voting and OCEA's membership ratified the proposal by majority vote in October 2016. Full reclined versions of each OCEA MOU are attached for review. A summary of the key changes to the MOUs are as follows: 1. Article 1, Recognition: Term of the agreement begins July 1, 2016. 2. Article 2, Duration: Agreement terminates on June 30, 2019. 3. Article 3, Addition of language to specify that initial proposal must be submitted 60 days prior to the expiration of the agreement. 4. Article 11, Grievance Procedure: Language and timing revisions to extend response time periods to ten days. 5. Article 13, Salary Adjustments and Compensation: Salary: Year 1 — 2.5% Salary Increase, retroactive to the first pay period of July 2016; Year 2 — 2.5% Salary Increase, effective the first pay period of July 2017; Year 3—2.5%Salary Increase, effective the first pay period of July 2018. 6. Article 20, Insurance: Addition of Section 20.3.3: Addresses impacts of Affordable Care Act. 7. Article 24, Promotions: language cleanup. 8. Bilingual pay: No language will be added to the MOU; however, the parties agree that if an employee goes through appropriate testing and certification process, bilingual certification is eligible for Development Pay, understanding employee has to go through existing process for District approval of certification. Listed below are articles with proposed housekeeping changes in the tentative agreement by article number: Article 7.0— Nondiscrimination in Employment Article 8.0— Smoke-free Work Environment Article 10.0— Discipline and Dismissal Article 23.0— Probationary Period Article 27.0— Leave of Absence with Pay Article 29.0— Classification Studies FINANCIAL CONSIDERATIONS The total cost is $1.4M over the term of the agreement. Page 3 of 4 This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. ATTACHMENT The following attachment(s) are included in hard copy may also be viewed on-line at the OCSD websim (wwwocsd.com) with the complete agenda package: • Resolution No. OCSD 16-22 • OCEA Administrative and Clerical Unit (redlined version) • OCEA Technical Services MOU (redlined version) • OCEA Engineering MOU (redlined version) Page 4 of 4 RESOLUTION NO. OCSD 16-22 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING THE MEMORANDA OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION, FOR FISCAL YEARS 2016/2017, 2017/2018 &2018/2019 WHEREAS, on February 25, 2015, the Board of Directors ("Directors') of the Orange County Sanitation District (the "District") authorized the General Manager to sign the Memoranda of Understanding with the Orange County Employees Association (referred hereinafter as "OCEA"), regarding salaries, benefits and terms and conditions of employment for the period July 1, 2014, through June 30, 2016 ("2014 MOUs"). WHEREAS, prior to the expiration of the 2014 MOUs on June 30, 2016, OCEA requested to meet and confer regarding successor MOUs. WHEREAS, pursuant to Government Code Section 3500, at seq., representatives of OCEA have met and conferred with the representatives of the District and have reached an understanding with regard to certain terms and conditions relative to employment; WHEREAS, at the beginning of negotiations the parties agreed that any salary changes would take effect retroactively to July 8, 2016, the first pay period in the current fiscal year; and WHEREAS, the parties have modified the 2014 MOUs between the District and OCEA to reflect the parties' understanding regarding certain terms and conditions, which include: • Duration of the MOUs has been modified and will be for a 3-year term commencing July 1, 2016, and terminating June 30, 2019, as reflected in the Cover Page and Articles 1 and 2 of the MOUs. • Successor Agreement of the MOUs has been modified as set forth below and as reflected in Article 3 of the MOUs: o The Group shall submit in writing its initial proposal for a successor agreement 60 days prior to the expiration of the current agreement. • Nondiscrimination in Employment has been modified as set forth below and as reflected in Article 7 of the MOUs: o Minor administrative/language changes to align with expanded discrimination law provisions; housekeeping changes. • Smoke-Free Work Environment has been modified as set forth below and as reflected in Article 8 of the MOUs: o Minor administrative/language changes to include current smoking and tobacco products and technologies. OCSD 16-22-1 • Discipline and Dismissal has been modified as set forth below and as reflected in Article 10 of the MOUs: o Housekeeping changes. • Grievance Procedure has been modified as set forth below and as reflected in Article 11 of the MOUs: o 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. o Minor administrative/language changes regarding submission and response timeline requirements at various steps in the process; housekeeping changes. • Salary Adjustments and Compensation has been modified as set forth below and as reflected in Article 13 of the MOUs: o Year 1 —2.5% Salary Increase, retroactive to the first pay period of July 2016. o Year 2—2.5% Salary Increase, effective the first pay period of July 2017. o Year 3—2.5% Salary Increase, effective the first pay period of July 2018. • Insurance has been modified as set forth below and as reflected in Article 20 of the MOUS: o Medical reopener language provides for the District to reopen negotiations if needed due to impacts of the Affordable Care Act (ACA). o Removes the expired language for medical reopener of February 2015. • Probationary Period has been modified as set forth below and as reflected in Article 23 of the MOUs: o Minor updates to language; housekeeping changes. • Promotions has been modified as set forth below and as reflected in Article 24 of the MOUS: o Minor updates to language; housekeeping changes. • Sick Leave has been modified as set forth below and as reflected in Article 27 of the MOUs: o Addition of domestic violence, sexual assault, or stalking as permissible uses of sick time in accordance with labor code. o Addition of sick leave benefits for temporary employees in accordance with State law. o Minor administrative/language changes to align with expanded leave law provisions; housekeeping changes. • Classification Studies has been modified as set forth below and as reflected in Article 29 of the MOUs: o Language cleanup OCSD 16-22-2 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. The aforementioned MOUs between the District and OCEA for the contract period of July 1, 2016 through June 30, 2019 as outlined herein are hereby approved. Section 2. The General Manager is authorized to sign the Memoranda of Understanding with OCEA for the period of July 1, 2016 through June 30, 2019, in a form approved by General Counsel. PASSED AND ADOPTED at a regular meeting held October 26, 2016. John Nielsen Board Chair ATTEST: Kelly A. Lore Clerk of the Board OCSD 16-22-3 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 16-22 was passed and adopted at a regular meeting of said Board on the 261h day of October 2016, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 2611 day of October 2016. Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District OCSD 16-22-4 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE ADMINISTRATIVE AND CLERICAL UNIT July 1, 20164-4 through June 30, 201946 TABLE OF CONTENTS ARTICLE 1. -RECOGNITION.................................................................................................................................1 ARTICLE2. -DURATION.......................................................................................................................................1 ARTICLE 3.-SUCCESSOR AGREEMENT...........................................................................................................1 ARTICLE 4.-OCEA ACCESS................................................................................................................................1 ARTICLE 5.-OCEA RIGHTS.................................................................................................................................2 ARTICLE 6.-DISTRICT RIGHTS..........................................................................................................................2 ARTICLE 7.-NONDISCRIMINATION IN EMPLOYMENT.....................................................................................2 ARTICLE S.-SMOKE-FREE WORK ENVIRONMENT..........................................................................................2 ARTICLE9.-SAFETY............................................................................................................................................2 ARTICLE 10. -DISCIPLINE AND DISMISSAL......................................................................................................3 ARTICLE 11. -GRIEVANCE PROCEDURE...........................................................................................................4 ARTICLE 12. -PROBLEM SOLVING PROCEDURE.............................................................................................5 ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION......................................................................5 ARTICLE 14. -SEVERANCE PAY.........................................................................................................................7 ARTICLE 15. -DEFERRED COMPENSATION......................................................................................................7 ARTICLE 16. -HOLIDAYS......................................................................................................................................7 ARTICLE17.-HOURS OF WORK........................................................................................................................8 ARTICLE 18. -CALL-BACK PAY..........................................................................................................................8 ARTICLE 19. -STANDBY PAY..............................................................................................................................8 ARTICLE20.-INSURANCE..................................................................................................................................8 20.4 MEDICAL INSURANCE...............................................................................................................................8 20.5 LIFE INSURANCE......................................................................................................................................9 20.6 SHORT TERM DISABILITY..........................................................................................................................9 20.7 LONG TERM DISABILITY............................................................................................................................9 20.8 DENTAL INSURANCE.................................................................................................................................9 20.9 VISION INSURANCE ..................................................................................................................................9 20.10 RETIRING EMPLOYEES.............................................................................................................................9 ARTICLE 21. -REIMBURSEMENT ACCOUNT...................................................................................................10 21.2 GROUP INSURANCE PREMIUMS...............................................................................................................10 21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT............................................................................................10 21.4 DEPENDENT CARE ASSISTANCE ACCOUNT..............................................................................................10 ARTICLE22. -OVERTIME...................................................................................................................................10 ARTICLE 23. -PROBATIONARY PERIOD..........................................................................................................11 ARTICLE24. -PROMOTIONS..............................................................................................................................11 ARTICLE 25. -RETIREMENT...............................................................................................................................11 ARTICLE 26. -SHIFT DIFFERENTIAL.................................................................................................................12 ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY..............................................................................................12 27.1 VACATION LEAVE...................................................................................................................................12 27.2 SICK LEAVE...........................................................................................................................................12 27.3 JURY DUTY LEAVE.................................................................................................................................14 27.4 WITNESS LEAVE....................................................................................................................................14 27.5 MILITARY LEAVE....................................................................................................................................14 27.6 BEREAVEMENT LEAVE............................................................................................................................14 27.7 SUPPLEMENTAL LEAVE...........................................................................................................................15 ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY.......................................................................................15 28.3 SUBSTITUTION OF PAID LEAVE................................................................................................................16 28.4 PERMISSIBLE USES................................................................................................................................16 28.5 GENERAL LEAVE....................................................................................................................................17 28.6 RETURN TO WORK POLICY.....................................................................................................................17 28.7 COMPLIANCE WITH LAW.........................................................................................................................18 ARTICLE 29. -CLASSIFICATION STUDIES.......................................................................................................18 ARTICLE 30. -DRIVER'S LICENSE.....................................................................................................................19 ARTICLE 31. -LAYOFF PROCEDURE................................................................................................................19 ARTICLE 32. -LIGHT DUTY.................................................................................................................................20 ARTICLE 33. -MEDICAL EXAMINATION ...........................................................................................................20 ARTICLE 34. -MILEAGE ALLOWANCE.............................................................................................................20 ARTICLE 35. -ACTING PAY................................................................................................................................20 ARTICLE36...........................................................................................................................................................20 OCEA-Administrative/Clerical MOU July 1, 2014 to June 30, 2016 Pagei ARTICLE 37. -PERSONNEL FILES ....................................................................................................................20 ARTICLE 38.—BULLETIN BOARDS...................................................................................................................21 ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS...........................................................21 ARTICLE 40. -USE OF DISTRICT FACILITIES..................................................................................................21 ARTICLE 41. -SCOPE OF BARGAINING...........................................................................................................21 ARTICLE 42. -IMPASSE PROCEDURES...........................................................................................................21 ARTICLE 43. -SEVERABILITY............................................................................................................................22 ARTICLE 44. -UNIFORMS...................................................................................................................................22 ARTICLE 45. -SUBSTANCE ABUSE POLICY....................................................................................................22 ARTICLE 46. -DUES DEDUCTIONS...................................................................................................................22 ARTICLE47...........................................................................................................................................................22 ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES.................................................................................23 ARTICLE49...........................................................................................................................................................23 ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................23 ARTICLE 51. -RESIGNATION.............................................................................................................................23 ARTICLE52...........................................................................................................................................................23 ARTICLE 53. -LABOR MANAGEMENT COMMITTEE.........................................................................23 SIGNATUREPAGE...............................................................................................................................................24 EXHIBITA.............................................................................................................................................................25 OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201936 Page ii MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE ADMINISTRATIVE AND CLERICAL UNIT In accordance with the provisions of California Government Code Sections 3500, at seq., and Resolution No. 75-127 of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with representatives of the Orange County Employees Association (OCEA)for the Administrative and Clerical Unit.These meetings have resulted in an agreement and understanding to recommend that the employees represented by OCEA accept these terms and conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of employment for the employees represented by OCEA as set forth in this Agreement. ARTICLE 1. - RECOGNITION 1.1 This Agreement, effective July 1, 201644, is entered into between the Orange County Sanitation District, referred to hereinafter as the"District,"and the Orange County Employees Association, referred to hereinafter as"OCEA." 1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee organization for matters within the scope of representation for the following classifications, as set forth in Exhibit"A" (attached hereto and incorporated by reference), as well as additional classes as may be added hereafter by the District. ARTICLE 2. - DURATION 2.1 This Agreement shall be binding on the District and OCEA when approved and adopted by the District's Board of Directors. This Agreement shall terminate on June 30, 20194&.This Agreement shall act as a bar to the raising of the question of representation during its term, except that the question of representation may be raised during the period between sixty(60)and ninety(90)days prior to its expiration. ARTICLE 3. - SUCCESSOR AGREEMENT 3.1 The Group shall submit in writing its initial proposal for a successor agreement 60�prior to the expiration date of this Agreement. ARTICLE 4. - OCEA ACCESS 4.1 An OCEA Representative shall have access to the District's facilities during working hours for the purpose of assisting Unit employees in processing grievances or investigating matters arising out of the application of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in advance from the Director of Human Resources,or designee. 4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who are authorized to request access under this article, and shall notify the Director of any changes in that list. 4.3 OCEA access shall not interfere with the District's operations,or with the work of employees in any manner. The District reserves the right to restrict access in certain areas designated as confidential or secure. OCEA—Administrative/Clerical MOU July 1,201644 to June 30, 201946 Page 1 ARTICLE 5. - OCEA RIGHTS 5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement. The OCEA shall furnish the Director of Human Resources, or designee with the names of employees selected as representatives and shall update the list as necessary. An alternate representative may be designated to act in the absence of the regular representative. Employees not listed on the roster of representatives provided to the District by the OCEA may not act as representatives. 5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA activity. ARTICLE 6. - DISTRICT RIGHTS 6.1 District inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to the District in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. District rights include, but are not limited to, the exclusive right to consider the merits, necessity or organization of any service or activity provided by law, or administrative order; determine the mission of its constituent departments, commissions and boards;set standards of service, determine the procedures and standards of selection for employment and promotion; establish and implement performance standards; direct its employees; take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of funds; maintain the efficiency of District operations; determine the methods, means and personnel by which District operations are to be conducted; determine the content of job classifications; classify and reclassify positions; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 6.2 District retains all authority and rights conferred on it by law, or other legal sources, except to the extent that such authority is explicitly waived by the express terms of this agreement. District exercise of its management rights hereunder shall not be subject to appeal or meeting and conferring, however,that the exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical consequences or impacts that District decisions have on wages, hours, and other terms and conditions of employment. ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT 7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard to actual or perceived race, color, religion, national origin, ancestry, sex, gender. sender identity, gender expression, sexual orientation, age. physical or mental disability, medical condition, genetic information, marital status, or 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 shall be applied to all members of the unit without regard to any protected classification , status ARTICLE B. - SMOKE-FREE WORK ENVIRONMENT 6.1 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 I"vaping"1 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. OCEA shall cooperate by encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201936 Page 2 of the District, and to report any unsafe practices or conditions to their immediate supervisors. An employee shall not be required to perform work that is unsafe. ARTICLE 10. - DISCIPLINE AND DISMISSAL 10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit:verbal reprimand, written reprimand, suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay,a demotion to a classification with a lower pay grade, or dismissal.The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee's last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail,which shall be the date of issuance. 10.5 The Notice of Intent shall contain the following: (1)a description of the disciplinary action intended and the effective date of the action; (2)the reasons for the proposed action;(3)a copy of the charges and materials upon which the action is based; and, (4)a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District management representative with authority to make an effective recommendation on the proposed action,the person to whom any response must be directed, and the fact that such response must be received within ten (10)business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District's Personnel Policies& Procedures Manual. 10.7 Dismissal shall be preceded by at least one(1)written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol,theft or misappropriation of District property or funds,fighting on the job, insubordination,acts endangering people or property,or other serious misconduct.The District may substitute documented suspensions without pay for written reprimands. 10.8 If a Notice of Intent is upheld and the disciplinary action is imposed,the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions,the effective date shall be the first business day following the final day of the suspension).The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources Department. Documentation regarding verbal and written reprimands may be removed from an employee's personnel file twenty-four(24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 3 designee, agrees to remove disciplinary action documentation from an employee's personnel file, such documentation shall be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the District's proposed discipline. 10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, "bumping' associated with layoffs, reasonable accommodation)shall not be considered discipline. ARTICLE 11. - GRIEVANCE PROCEDURE 11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed under this Grievance Procedure. 11.2 A grievance may be brought to the attention of the District by an individual employee within the Unit or by the OCEA. The District may not bring a grievance through this procedure. Grievances brought by two(2) or more employees,and concerning the same incident, issue,or course of conduct, or multiple grievances brought by the same employee may, upon mutual agreement of the District and the OCEA, be consolidated for the purposes of this procedure. 11.3 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 the OCEA at all steps of the Grievance Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article implies business days. 11.34.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or designee within ten 10 five45)days of the occurrence of the event giving rise to the complaint, or within ten 10 fve{5)days from the time that the employee became aware of such event. The supervisor, or designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to the employee within ten 10 five45)days. 11.24.2 Sleo 2. If the grievance is not settled at Step 1, it maybe 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 flve(5)days of the conclusion of Step 1. A copy of each written communication on a grievance will be filed with the Director of Human Resources,or designee.The written grievance must: a) Identify the specific management act to be reviewed; b) Specify how the employee was adversely affected; c) List the specific provisions of the MOU that were allegedly violated and state how they were violated; d) Specify the remedy requested; and e) Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. 11.34.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 4 11.34.3 Step 3. If a grievance is not settled under Step 1 or 2, it maybe presented to the employee's Department Director, or designee, for review and written response. The request for formal review must be presented on a form provided by the District within five (5)days of the conclusion of Step 1 or 2, and must contain the information specified in Step 2 above. A copy of each written communication on a grievance will be filed with the Director of Human Resources, or designee. The employee's Department Director,or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. 11.34.4 SIeD 4. If the grievance cannot be resolved under Step 3, it maybe presented to an Assistant General Manager, or designee, within five(5)days from the dale the Step 3 finding was issued. The Assistant General Manager, or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. 11.34.5 Step 5. Appeal to the General Manager,or designee, is the final step in the Grievance Procedure. If the grievance cannot be resolved under Step 4, it may be presented to the General Manager,or designee,within five(5)days from the date the Step 4 finding was issued.The General Manager, or designee, shall respond in writing to the employee within ten (10)days after the date of the grievance is received. 11.45 General Provisions: An employee shall be given reasonable time off without loss of pay to present and process a grievance. If an employee is represented by the OCEA,the OCEA may designate one employee to present and process the grievance. The employee representative shall be given reasonable time off without loss of pay to perform this responsibility. Absence from work shall be approved only if it does not cause disruption to District operations. However, if the time requested cannot be provided, an alternate time shall be arranged. 11.45.1 Failure of a management representative to respond within the appropriate time limit shall provide a basis for the employee appealing to the next step. If a grievance is not presented or appealed within the time limits, it shall be considered resolved on the basis of the preceding response.The Director of Human Resources,or designee, may be petitioned in writing to waive the step or time requirements provided sufficient cause exists. 11.45.2 Resolution maybe agreed upon at any stage of the grievance process. However,the OCEA shall be notified prior to the resolution of any formal grievance matter. ARTICLE 12. - PROBLEM SOLVING PROCEDURE 12.1 Employees may bring problems to the attention of District managers through the Problem Solving Procedure. This Procedure was developed to encourage and facilitate the resolution of employee concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be subjected to the Grievance Procedure.Any reference to days in this article implies business days. 12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon as possible. The supervisor shall review the situation or decision, and provide a written response within five days from the date they were notified of the problem. 12.3 If the problem is not resolved to the employee's satisfaction,the employee may file a written statement concerning the problem with the Director of Human Resources, or designee, within ten (10)days of receipt of the supervisor's decision. Upon request of either party,a meeting shall be held to define issues and establish the remedies sought. The employee shall be provided a written response within ten (10)days after his or her statement is received. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the Director of Human Resources, or designee, is final. ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION 13.1 Each pay grade is divided into five (5)steps,with an approximate 5.0%difference between each step. 13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective after the date of implementation. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 5 13.3 Merit Pay 13.3.1 Step Increase Pa v—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: 13.3.1.1 Eligible-Employees must have a proficient year-end performance appraisal to receive a one(1)step base-building salary increase until earning placement at step five (5). 13.3.1.2 Ineligible- Employees who are placed on a Performance Improvement Plan (PIP)due to a needs improvement performance review on the year-end appraisal or who are on a PIP at the time of the year-end appraisal period will remain at their current step until the PIP is satisfactorily completed. 13.3.1.3 Performance Management Program: The performance management program includes three(3)rating categories (exceeds, proficient, needs improvement)for performance appraisals. 13.3.2 Development Pav—Employees under this Agreement will be eligible for Development Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum amount each pay period. Employees must have a proficient year-end performance appraisal to be eligible for the following Development Pay types: • Education—Eligible employees who obtain or who have obtained a degree of approved subjects at an accredited college or university will receive$20.76 per pay period for an associate degree and $41.53 per pay period for an undergraduate degree. The maximum amount of Education pay is fixed at$41.53 per pay period. • Certification/License—Eligible employees who obtain or who have obtained a District approved certification or license will receive$7.62 per pay period per certificate or license with a maximum of three(3)certificates and/or licenses. The maximum amount of certification/license pay for any combination of certificates and/or licenses is fixed at$22.86 per pay period. 13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is fixed at$64.39 per pay period. 13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review on the year-end performance appraisal are not eligible for Development Pay until the PIP is satisfactorily completed. 13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside the year-end appraisal will have all Development Pay suspended until the PIP is satisfactorily completed. The return of Development Pay will not be retroactive. 13.4 Salary Range Adjustments 13.4.1 Effective the first pay period in July 201644, employees under this Agreement will receive salary range adjustments at a flat rate of 2_529%. 13.4.2 Effective the first pay period in July 201715, employees under this Agreement will receive salary range adjustments at a flat rate of 2.52.0%. 13.4.3 Effective the first pay period in July 2018 employees under this Agreement will receive salary range adjustments at a flat rate of 2.5%. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 6 ARTICLE 14. - SEVERANCE PAY 14.1 Employees are expected to give a minimum of two(2)weeks written notification when terminating employment with the District. Except for disciplinary cause,when a full-time employee is terminated by action of the District,the employee shall be notified in writing two (2)weeks prior to the effective separation date. In the event the District does not give such notification,the employee shall be entitled to severance pay in accordance with the formula set forth below: 14.1.1 Full-time, regular employees shall be entitled to eight(8) hours pay for each full calendar month of continuous employment not to exceed one hundred sixty(160)hours pay. 14.1.2 Employees in limited term or part-time positions, probationary employees and employees who are separated for cause, are not eligible for severance pay under any circumstances. ARTICLE 15. - DEFERRED COMPENSATION 15.1 Employees may participate in the District's approved deferred compensation plan subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by District management. ARTICLE 16. - HOLIDAYS 16.1 The days listed below are observed by the District as holidays. Employees will receive holiday pay if their entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status, meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts.When an employee's work schedule requires that they work on an observed holiday,the employee will be paid at the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and one half(1.5)times their regular hourly rate for all hours actually worked. Employees may also elect to receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay.When a holiday occurs on an employee's regular scheduled day off,the employee will accrue compensatory time off for the amount of hours normally scheduled for that day Employees with a compensatory time off balance in excess of fifty(50) hours as of the last pay period ending in October will receive a mandatory payout for the hours that exceed fifty(50). HOLIDAY New Year's Day Lincoln's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday' 16.2 Employees may elect one(1)day during each year as a "Floating Holiday'. New employees shall be granted a"Floating Holiday"on a pro rate basis in the first calendar year of service per the following table: OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 7 Hire Date Percent 1 r Quarter(January-March) 100% 2^0 Quarter(April-June) 75% 3r0 Quarter(July-September) 50% 41h Quarter(October-December) 0 16.3 Employees must use the"Floating Holiday"within the year it is granted. Every effort will be made to approve an employee's request for a"Floating Holiday"off providing sufficient notice is given. ARTICLE 17. — HOURS OF WORK 17.1 For record keeping and accounting purposes,the"workweek"for full-time employees is 40 hours per 168- hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour days each workweek(10/80), four 10-hour days each workweek(8/80), or three 12-hour days and one 4- hour day each workweek(7180). The starting and ending times of individual employees'workweeks may vary. 17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified that their hours had been changed, he or she shall receive two hours pay at the overtime rate. 17.3 The District may, at its sole discretion, change an employee's work schedule with thirty(30)days written notice to the affected employee. ARTICLE 18. - CALL-BACK PAY 18.1 When an employee is called back to work by District management without prior notice, and the employee has completed his or her normal work shift and left the work station, or when prior notice is given but the work begins on the same day at least three hours after completion of the regular shift,the employee shall receive a minimum of three hours of call back pay. The three hours minimum,whether or not actually worked,shall be paid at the rate of one and one half times the regular hourly rate. Employees who are called back a second time within a normal shift period are considered to be working for the duration of that shift. ARTICLE 19. - STANDBY PAY 19.1 Standby is time during which an employee is not required to be at the work location or at the employee's residence but is required to be available for immediate return to work. Standby assignments shall first be made on a voluntary basis. A volunteer standby list shall be established by classification and job location. Standby assignments shall be made from the list of employees who are competent and experienced, in alphabetical order,on a rotating basis. In the event that no one volunteers,the District shall assign standby by job classification and work location from employees who are competent and experienced on a rotational basis.An employee placed on standby shall be compensated at the rate of three hundred forty- five(345)dollars per week,and shall receive Call Back pay when they are actually called to work. ARTICLE 20. — INSURANCE 20.1 The District will provide healthcare and welfare insurance benefits. 20.2 All insurance coverage shall become effective on the first day of the month following date of hire, regardless of hire date. An open enrollment period shall be held annually. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 8 follow ng rat f Gat on to d sn -qq the bans t on frnm Anthem to Blue Sh eld through Cal fern A State Aqqnn at on of Cn-mil as Excess insuranGe Author ty(GSAC FIA), or to another Garr er d reGfly, and var ad plan des gn changes n order to m t gate exc se taxat on n 2018 Potent al strateg as fe Gans derat an ndude, but are not 1 m ted to, the follow ng: plan des gn changes to off Ge and speG al st GOPaYS, emergency room Gapays, plan deduct bles and GontFbut on rates; and alternatve plan offer Ags Such as a h gh deduct ble health plan w th health savings account fund ng. 3.2 The part as agree that any reGpener shall be subject to Government Code ReGt on 3505 4 and . case law, nclud'nn PERB dad d onn .6'n6 'ntn t that n.n.'n 20.43 Medical Insurance 20.43.1 The District will provide medical health insurance coverage through a Health Maintenance Organization (HMO)medical insurance plan and a Preferred Provider Organization (PPO) medical insurance plan' S •ah t'me that the paFt s agree tG GhaagBS4hF9ug,the medical reopeneNe SeGiea-29.a'. 20.43.2 Reaular.full-time employees: 20.43.2.1 The District shall contribute 90%of employee only premiums for the HMO medical health plan and 80%of employee only premiums for the PPO medical health plan. The District will contribute 80%of the employee+1 dependent and full family premiums for the HMO and PPO medical plans.Any change in insurance rates shall be shared equally in same ratio as the District and employees currently pay premiums. Before the renewal of any District's sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.3.3 The District may reopen negotiations at anytime 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. 20.54 Life Insurance The District shall pay the full premium for$50,000 tens life insurance on each employee. 20.55 Short Term Disability The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for employees equal to California's State Disability Insurance(SDI)program for up to twenty-six(26)weeks following a fourteen (14)calendar day waiting period. 20.76 Lora Term Disability 20.76.1 The District shall provide a non-work related, long-term disability indemnity plan that pays two- thirds of the employee's rate of pay in effect at the time of such disability, not to exceed $5,000 per month, up to age 65, following a 90-day waiting period of continuous disability,at such time that an employee completes five (5)years of service. 20.76.2 For participants age 64 and younger, the maximum period of payment is based on the Social Security Act retirement age of 65. For participants age 65 and older, the maximum period of payment is specified. The specified periods and additional information about coverage is included in the District's long-term disability plan contract accession on the intranet. 20.76.3 No combination of disability or sick leave pay shall result in more than an employee's regular rate of pay. Employees may not receive short-term and long-term disability benefits at the same time.An employee who is otherwise not eligible for District paid Long Term Disability may purchase such coverage at his or her own expense. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201945 Page 9 20.97 Dental Insurance The District will contribute 80%of employee only and 80%of full family premiums for dental insurance. 20.98 Vision Insurance The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents. 20.199 Retiring Employees 20.499.1 The District shall pay,for employees hired prior to July 1, 1988, two and one-half(2.5)months' premium for each year of continuous service of a retiring employee towards the premium costs of coverage for the employee and eligible dependents under the District's medical plan. 20.499.2 In the event the District adds additional optional insurance plans, the District's share of the premium shall be the same as for existing plans as set forth above. In the event the District changes underwriters for existing insurance plans, the District's share of the premium shall be the same as for existing insurance plans as set forth above. 20.409.3 The District will continue to implement the retiree medical health premium offset program wherein the cost of health premiums are offset by$10 per month for every year of continuous service up to a maximum of 25 years or$250 per month. Employees hired on or after August 1, 2011 shall not be eligible for the retiree medical health premium offset. ARTICLE 21. - REIMBURSEMENT ACCOUNT 21.1 Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion of the cost of benefits under the Plan through salary redirection arrangements. The options available under the flexible benefits program are listed below. This is a brief overview of the different options. For complete information regarding Flexible Spending Accounts, employees must refer to the plan booklet available in the Human Resources Department. 21.2 Group Insurance Premiums Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis. 21.3 Medical Care Reimbursement Account The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of reimbursing himself or herself for payment of health care costs not otherwise covered by his or her medical insurance. 21.4 Dependent Care Assistance Account The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of reimbursing himself or herself for childcare expenses or day care for a disabled dependent. ARTICLE 22. - OVERTIME 22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or additional work. The District may require the performance of overtime. In the event no qualified employee wishes to work overtime, District's management may select employees with the ability to perform the work by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based upon an employee's ability to perform the overtime work. 22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted as time worked. Pay for overtime time shall not occur until after actual work time of forty(40)hours in a seven (7)day workweek is reached. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 10 ARTICLE 23. - PROBATIONARY PERIOD 23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at least the first day of the pay period following six monthst•e �..�eks of employment without a break in service. Extended absence without pay, short-term and long-term disability and Workers' Compensation leave does not provide an opportunity to judge an employees'capability to meet performance expectations for a position, and thus the time spent on such leaves shall not be included towards completion of the probationary period and may result in an extension. 23.2 Employees who are rehired following a break in service must complete a new probationary period whether or not one was previously completed. An employee may be released during his or her Probationary Period at the discretion of the District without recourse to the Grievance Procedure. 23.3 Employees who are reassigned or laterally transferred will serve a probationary period of sic monthst•--�ecs. The"probationary period"shall not divest an employee of his/her property rights in his/her former position. Rejection of probation during this period shall result in the employee reverting to his/her former assignment and/or position. ARTICLE 24. - PROMOTIONS 24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of pay.The District will determine whether a vacant position shall be filled as an open or promotional opportunity or recruitment.Whenever the District intends to fill a position by promotion,the District shall post the opportunity for a minimum often(10)business days. Employees must apply during the period of posting. Notices shall be posted on the District's intranet. 24.2 A promoted employee shall serve a promotional probationary period lasting at least until the first day of the pay period six monthst•�eks after the effective date of the promotion. At any time during the promotional probationary period, an employee may be returned to his or her previous position. The promotional probation period may be extended by mutual agreement between the employee and District's management for up to ninety(90)days. If an employee is promoted during his or her initial probationary period,the period shall be extended until at least the first day of the pay period six months&) weeks after the effective date of the promotion. 24.3 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the range for the new classification or the minimum rate of the new classification whichever is greater. ARTICLE 25. - RETIREMENT 25.1 The District shall continue participation in the Orange County Employees Retirement System (OCERS), wherein all full-time employees are considered members. The following retirement program is in effect pursuant to the contract between OCERS and the District. 25.1.1 Employees hired before September 21, 1979: The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula(Plan G) based on the highest consecutive twelve(12) months average earnings, past and future service. 25.1.1.1 The District will continue to pay 4.5% toward the employee's contribution to OCERS for those employees who elected to make a one-time decision to remain in the Plan G program. 25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011:The District will continue to contract with OCERS to provide the 2.5%@ 55 benefit formula(Plan H)based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.2.1 The District will continue to pay 3.5% of an eligible employee's base salary toward the employee's contributions to OCERS. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 2019449 Page 11 25.1.3 Employees hired on or after August 1, 2011 and before January 1,2013: The District will contract with OCERS to provide the 1.667% @ 57.5 benefit formula(Plan B)based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.3.1 The District will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.1.4 Employees hired on or after January 1, 2013: The District will contract with OCERS to provide the 2.5% @ 67 benefit formula (Plan U- PEPRA)based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.4.1 The District will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross salary for taxation purposes in accordance with Internal Revenue Code provisions. ARTICLE 26. - SHIFT DIFFERENTIAL 26.1 Employees who are regularly assigned to work a night shift that consists of 50%or more of their hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall receive a shift differential of$2.50 per hour. ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY 27.1 Vacation Leave 27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with the first day of employment, in accordance with the following schedule: Years of Service Hours-Biweekly Hours-Annual In years 0 through 1 3.08 80 In years 2 through 4 3.08 80 In years 5 through 10 4.62 120 In year 11 4.93 128 In year 12 5.24 136 In year 13 5.54 144 In year 14 5.85 152 In year 15 6.16 160 In year 16 6.46 168 In year 17 6.77 176 In year 18 7.08 184 In year 19 7.39 192 In year 20 and over 7.69 200 27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy. 27.1.3 Vacation leave begins after an employee has completed twenty-six (26)weeks of continuous service. After the individual's first twenty-six(26)weeks of service, his or her account will be credited with 40 hours.After that time, he or she will accrue vacation hours consistent with the above chart.Vacation leave may only be utilized in increments of one-half hour or more. Vacation leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave payroll status. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 20194@ Page 12 27.1.4 When unpaid absences occur,vacation leave accruals will be applied by straight proration of leave accruals based on the number of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 27.1.5 Employees may have a maximum accumulation of 200 hours as of the last day of the final pay period in December of each year. In the event an employee accrues vacation leave in excess of 200 hours, it must be used prior to said December date, all other remaining hours in excess of 200 will be paid to the employee in the first pay period in January at the employee's then current hourly rate of compensation. 27.2 Sick Leave 27.2.1 Definition:Sick leave is an insurance or protection provided by the District to be granted to employees in circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right to take time off from work. Sick leave is defined as the absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to attend to the illness or injury of a family member as hereinafter defined 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). Temporary employees shall receiveaFe not ant tiedto sick leave benefits as required by State law. 27.2.2 Method-Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid sick leave at the rate of three point five(3.5) hours for each biweekly pay period of continuous service (ninety-one (91) hours per year). Full-time employees hired on or after November 27, 1981,accrue paid sick leave at the rate of three(3.0)hours for each biweekly pay period of continuous service (seventy-eight(78) hours per year), beginning with the first day of employment. 27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy. 27.2.4 When unpaid absences occur,sick leave accruals will be applied by straight proration for leave accruals based on the number of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 27.2.5 Annual Pavoff- Employees may elect annually to be paid for any unused sick leave hours accrued through the end of October at their current hourly rate according to the following payoff schedule or as specified in a Memoranda of Understanding. Accrued Sick Leave Hours Rate of Payoff 0-100 0 101-240 25 241-560 35% Over 560(mandatory) 50% 27.2.6 Employees who terminate for any reason other than retirement or death shall be compensated for any accrued and unused sick leave according to the above schedule. Employees who retire or decease with twenty(20)years or more of service shall be paid at the one hundred percent (100%) rate for all accrued and unused sick leave. Employees who retire or decease with less than twenty(20)years of service will be paid at the seventy-five percent(75%)rate for all accrued and unused sick leave. 27.2.7 Permissible Uses-Sick leave maybe applied only to: A. Absence due to illness, injury or pregnancy of an employee. B. Absence due to medical and dental office appointments of an employee when approved by the employee's supervisor. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 13 C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother, sister, husband,wife, domestic partner, child, child of domestic partner, grandparent, grandchild, legal guardian, or any family member with whom the employee resides. D_Absence due to a job-related injury. IXE. Absence related to 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). 27.2.8 General Provisions-To qualify for sick leave pay, the employee must notify the District at or in advance of the time the employee is scheduled to report for duty. Minimum charge to the employee's sick leave account shall be one-half hour and thereafter in one-half hour increments. Human Resources and department management shall be responsible for control of abuse of the sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness; however,for absences of ten consecutive working days or more, a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. Upon return to work, a written doctors release must be submitted to Human Resources. For absences of one or more working days in an unpaid status,a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. If the need for leave is due to the employee's serious health condition,as defined in the Family and Medical Leave Act("FMLA")or the California Family Rights Act("CFRA"),the certification requirement shall comply with the provisions of these Acts. 27.3 Jury Duty Leave 27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on prescribed forms, be entitled to his or her regular pay for those hours of absence due to performance of the jury duty for a period up to twenty-two(22)working days. 27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's timesheet system and provide a copy of the summons to his or her supervisor.To be entitled to receive regular pay for such jury leave, the employee must report for work at the District for time not actually retained on jury unless there is less than 1/2 of their regular shift remaining. Employees are not compensated for jury duty occurring on scheduled days off. 27.4 Witness Leave 27.4.1 Any full-time, including probationary, employee,who is required to be absent from work by a subpoena properly issued by a court, agency or commission legally empowered to subpoena witnesses,which subpoena compels his or her presence as a witness, except in a matter wherein he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an online time off request, be entitled the time necessary to comply with such subpoena, provided any fees received for such service, exclusive of mileage, are submitted to the District for deposit in the General Fund of the District. 27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and complete an online time off request form in order to be eligible for pay for such absence. To be entitled to receive regular pay for such witness leave,the employee must report for work at the District for time not actually retained on witness service of one hour or more prior to and/or upon completion of each day's service, exclusive of travel time. 27.5 Military Leave 27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human Resources Department and shall state the date when it is desired to begin the leave-of-absence OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201936 Page 14 and the date of anticipated return. A copy of the orders requiring such military service shall be submitted with the request. 27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall govern military leave. In general, current law provides that an employee having one(1)year or more service with a public entity is entitled to military leave with pay not exceeding thirty(30)days per year if the employee is engaged in military duty ordered for purposes of active military training or encampment. An employee who is required to attend scheduled service drill periods or perform other inactive duty reserve obligations is entitled to military leave without pay, not exceeding seventeen (17)calendar days per year, although the employee may, at his or her option, elect to use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive drill period obligations. Employees who participate in weekend military drill duty are not eligible for leave with pay for such activity, but may have their regular work schedule changed to accommodate the required time off. 27.6 Bereavement Leave 27.6.1 Using the online time off request system, any full-time employee,whether probationary or regular, shall receive a maximum of thirty-six(36)hours of paid time for the death or funeral of an immediate family member. Immediate family member is defined as the employee's father, step- father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister,step-sister, husband,wife,domestic partner, biological child, adopted child, step-child, child of a domestic partner, grandchild, grandparent,foster parent,foster child, legal guardian, or any family member with whom the employee resides. 27.7 Supplemental Leave 27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in accordance with the following schedule in the first pay period in July: Years of Service 5-9 10- 14 15- 19 20-24 25, Supplemental Leave Hours 5 10 15 20 25 27.7.3 Supplemental Leave will be administered in accordance with the following guidelines: 27.7.3.1 Supplemental Leave may be used in one-quarter(0.25)hour increments. 27.7.3.2 Any unused Supplemental Leave, within the fiscal year granted,will not be carried over to the next fiscal year. 27.7.3.4 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash out or eligible for any mandatory payout. 27.7.3.5 Employees who cease to be part of the bargaining unit for any reason will forfeit any unused Supplemental Leave. 27.7.3.6 Employees who are hired or transferred into the bargaining unit shall be granted Supplemental Leave on a pro-rata basis per the following schedule: HireRransfer Date Percent July—September 100% October—December 75% January—March 50% April—June 25% OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201916 Page 15 ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY 28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below, employees shall not receive compensation during an unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)/CFRA (California Family Rights Act)for their own serious health condition. 28.2 Using the prescribed forms, approved by District management, any full-time, including probationary, or part-time employees with at least fifty-two (52)weeks of service and at least twelve hundred fifty(1,250) hours of service, may be granted an FMLA or CFRA leave-of-absence without pay, not to exceed twelve (12)weeks in a rolling twelve(12)month calendar period. A"rolling"twelve(12)month period is measured backward from the date the employee uses the leave.A request for leave of absence without pay must be made upon prescribed forms in all instances where an employee is absent without pay for more than five (5)consecutive working days, or for absences of ten (10)working days or more when using paid sick leave accruals. 28.3 Substitution of Paid Leave 28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's own serious health condition shall be required to use all accruals, before unpaid leave is granted. Paid time off will not accrue during any pay period that an employee is absent without pay for more than one (1)day. 28.3.2 Paid time off accruals may be used for the care of the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent,foster parent, legal guardian, or any family member with whom the employee resides. 28.4 Permissible Uses 28.4.1 FMLA Leave. FMLA leave maybe used for: 28.4.1.1 The birth of a child or to care for a newborn of an employee; 28.4.1.2 The placement of a child with an employee in connection with the adoption or foster care of a child; 28.4.1.3 The care for the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, legal guardian,or any family member with whom the employee resides who has a serious health condition, as defined in the Act; 28.4.1.4 The employee's own serious health condition that renders the employee unable to perform the essential functions of his or her position, including incapacity due to pregnancy; 28.4.1.5 A qualifying exigency arising out of the fact that an employee's family member is on covered active duty or called to covered active duty status in the Armed Forces.A qualifying exigency may include activities such as making arrangements for childcare, attending counseling relating to the active duty of the service member, or attending to farewell or arrival arrangements for the service member. 28.4.1.6 The care for the employee's family member or"next of kin'service member of the United States Armed Forces who has a serious injury or illness incurred in the line OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 2019445 Page 16 of duty while on active military duty. This leave may consist of up to twenty-six (26) weeks of unpaid leave during a single twelve(12)month period. 28.4.2 CFRA Leave. CFRA Leave may be used for: 28.4.2.1 The same purposes as FMLA Leave, including the care of a domestic partner or child of a domestic partner, and shall run concurrently with FMLA leave. 28.4.2.2 CFRA may not be used for 1)an employee's incapacity due to pregnancy,. 2)leave due to a qualifying exigency, or 3)to care for a family member or next of kin with a serious injury or illness incurred in the line of duty. However, incapacity due to pregnancy may entitle an employee to up to four(4)months of pregnancy disability leave under California's Pregnancy Disability Leave(PDL) law. 28.4.3 General Provisions: Reauests for FMLA and CFRA Leave Where the need for Leave is foreseeable,the District requests thirty(30)days advance notice. 28.4.4 Medical Certification As a condition of FMLA or CFRA Leave because of a serious health condition,the District may require certification by the employee's attending physician in accordance with Department of Labor(DOL) regulations. 28.4.5 Medical and Dental Premiums During FMLA and CFRA Leave,the District shall pay for medical and dental benefits at the same level as coverage would have been provided if the employee was not on leave. The employee shall be required to pay his or her share of medical and dental premiums. Failure to submit a monthly co-payment, in full, within sixty(60)days of the invoice date will result in loss of group coverage. Coverage will be reinstated upon return to active employment. 28.4.6 Reinstatement Upon expiration of FMLA or CFRA Leave, the employee shall be reinstated to the same or a comparable position, unless the employee would not otherwise have been entitled to that position for reasons unrelated to such leave(e.g., layoff), in which case the District's obligation to continue health and dental or other benefits shall cease. 28.4.7 District Employment of Spouses/Domestic Partners 28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve(12) weeks FMLA or CFRA Leave in a rolling twelve(12)month calendar period for the care of a parent or newly born or placed child. 28.4.7.2 CFRA Leave. Married employees and employees in domestic partnerships will be limited to a combined total of twelve (12)weeks CFRA leave in a rolling twelve(12) month calendar period for the care of a parent or newly born or placed child. 28.5 General Leave 28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general leave-of-absence by District management to attend to personal matters or for FMLA or CFRA qualifying events after the expirations of previously authorized leave. 28.5.2 During a general leave-of-absence,the employee will be required to pay both the District's and the employee's share of medical and dental premiums. 28.5.3 Failure to submit a monthly co-payment, in full,within sixty(60)days of the invoice date will result in loss of group coverage. Coverage will be reinstated upon return to active employment. 28.6 Return to Work Policy 28.6.1 An employee who has been absent from work due to a medical reason may be subject to a Return-to-Work medical evaluation. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 17 28.6.2 If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions(with reasonable accommodation if the employee is disabled within the meaning of the ADA/FEHA)and the employee is willing to return to work, placement in an alternative position, if available, shall be considered. The employee shall be re- classified as medically disqualified while alternative positions are being considered. Such time off shall be without pay; however, the employee may elect to use accrued leave hours, such as vacation, sick or personal, to receive compensation. Placement of an employee in an alternative position requires a pre-placement medical evaluation for the alternative job. 28.6.3 If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions(and cannot be reasonably accommodated if the employee is disabled within the meaning of ADA/FEHA)and there is not an alternative position, or the employee's restrictions are not compatible with an alternative position, or the employee is not willing to return to work, the employee shall be re-classified as medically disqualified and not permitted to work. Thereafter, the employee shall be retired for disability, if eligible,or dismissed. Such dismissal will not imply disciplinary action for cause. If requested,the employee's file will indicate the employee left for personal reasons. 28.6.4 Bridoe of Service If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District within one(1)year,the District shall bridge the employee's service date. Bridging of service procedures involve adding the total number of days away from work to the employee's original date of hire. 28.6.5 Failure to Return to Work If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof including General Leave,an employee fails to return to work and no additional leave has been authorized, the employee shall be considered to have automatically resigned from his or her position. In such cases,the employee will receive advance notification of the District's intent to implement an automatic resignation. 28.7 Compliance with Law These Leave-of-Absence provisions shall be interpreted and applied in a manner that is consistent with the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between these provisions, as written or applied, the provisions of law shall govern. ARTICLE 29. - CLASSIFICATION STUDIES 2q.1 QC;SD'A" 'Rclude a represeRlatve from OCEA W part c pate as a partner n the agency w dp nla�s f naton and compensation study. 29.21 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 V 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. 29.32 Y-Rating 29.32.1 All classification study findings regarding existing classifications are subject to approval by the General Manager;findings recommending a new job classification range are subject to approval by the District's Board of Directors. The recommendations of the classification study shall be implemented in the first pay period immediately following the completion of the study, unless the OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 18 recommendations require action betaken by the Board of Directors prior to implementation. In such event,the recommendations shall be implemented in the first pay period immediately following authorization by the Board. 29.32.2 In the event the duties and responsibilities of a position are allocated to a lower paid classification, the salary of the incumbent of that position shall remain unchanged (Y-rated)in accordance with the following table: Years of Service Term of Y-Rate 0-3 1 year 4-5 2 years 6-10 3 years 11-20 4 years 20 or more 5 years 29.32.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees are working in a job classification with a lower maximum rate of resulting from changes to the District's staffing requirements, organizational structure or"bumping"associated with layoffs. Y- rating shall not apply in cases involving disciplinary actions or voluntary changes to a job classification with a lower maximum rate of pay. 29.32.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table above. If the Y-rate expires before the employee's salary falls within the range of the new classification, the employee shall be placed at the top of the range. Employees become eligible for merit increases and range adjustments when the Y-rate is no longer in effect. 29.43 Z-Rating 29.43.1 Employees allocated to classifications with a lower range maximum than their current salary as a result of the District's comprehensive Classification Study results implemented effective July 12, 2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of their salary range exceeds or equals their current salary. 29.43.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level, his or her salary will be placed at the step of the new range that is nearest a one-step increase, not to exceed the maximum rate of pay. ARTICLE 30. - DRIVER'S LICENSE 30.1 Employees who are required by the District to drive must notify their supervisor and the Human Resources Risk Management Division immediately upon receipt of any suspension or revocation of their California Driver's License privileges. Failure to do so could result in disciplinary action up to and including separation. 30.2 If an employee whose license is suspended or revoked and is unable to perform his or her regular duties and responsibilities notifies the District in a timely fashion,an attempt shall be made to place the employee in an equal or lower level position for which he or she is qualified. Placement in the range of the new classification is subject to District management's discretion. 30.3 The District will continue to pay the license renewals and physical examination costs of Class A& B licenses that are specifically required by the District. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 19 ARTICLE 31. - LAYOFF PROCEDURE 31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. 31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002. 31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and recall lists shall be developed based upon job classification, priority of function,job performance, individual qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification in writing,whenever possible. 31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five (5)days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes shall be unchanged,except that it may not exceed the maximum rate of the range for the lower level classification. 31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the inverse order of layoff, so that the last person laid off is the first recalled.When a vacancy occurs in a classification for which a Recall list exists,an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the offer shall be made to the next person on the list. An individual who either does not respond or refuses three consecutive offers shall have their name removed from the list. 31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted. ARTICLE 32. - LIGHT DUTY 32.1 An employee who is released by a physician to perform limited duties because of a temporary disability may be assigned to light duty at the discretion of the District. Light duty may consist of duties other than those normally performed by the employee and that are within the employee's medical restrictions.An employee assigned to light duty will be paid the regular wage rate for the job classification to which he or she was assigned prior to being temporarily disabled. ARTICLE 33. - MEDICAL EXAMINATION 33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers their own health or safety, or that of others,the District may require that employee to be examined or evaluated by a health care provider. The purpose of such examination must be job related. Any examination under this provision shall be conducted on District time and at District expense. An employee may submit an independent medical opinion regarding the individual's condition and addressing his or her ability to competently perform the duties of the position. This information shall be reviewed and considered by a competent medical authority in arriving at a decision regarding the individual's continued employment in the position. ARTICLE 34. - MILEAGE ALLOWANCE 34.1 Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate. ARTICLE 35. -ACTING PAY 35.1 Employees who are assigned by District management to perform the duties of a position at a higher level for a period of at least eighty(80)consecutive hours shall be eligible for a one step salary increase, or the OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 20 first step of the range for the higher level classification,whichever is greater.The higher rate of pay begins with the hour eighty-one(81),and continues until the assignment ends or the six(6)month limitation has been reached at which time a determination will be made as to whether the position should or should not be posted. Requests for acting pay require the approval of the Department Director and the Director of Human Resources, or designee. The eighty(80)hour eligibility period may be waived at the discretion of the General Manager. ARTICLE 36. (This Article intentionally left blank.) ARTICLE 37. - PERSONNEL FILES 37.1 Employees have the right to inspect their personnel file in the Human Resources Department during the normal office hours of the Human Resources Department, by appointment. Employees who wish to correct allegedly erroneous information in their file, or request that items related to disciplinary matters be removed after the indicated time period has elapsed, should submit a request in writing to the Director of Human Resources, or designee. It is the responsibility of each employee to keep the personal information in his or her file current, including home address, telephone number and person to contact in an emergency. ARTICLE 38. - BULLETIN BOARDS 38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2,which are designated for use by employee groups to post notices to District employees, provided that: (a) no controversial matter which is critical of or derogatory to the District, its employees, officers or Directors may be posted; (b) nothing posted by the District may be removed; (c)the OCEA shall remove its notices after a reasonable length of time; and (d)only a reasonable number of notices shall be posted. ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS 39.1 A maximum of three(3)employees covered by this Agreement and appointed by the OCEA shall be granted reasonable release time for attending meet and confer sessions at the bargaining table. Release time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of work. 39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees requiring meet and confer release time in advance of the meet and confer session. The release time shall be granted provided that the needs of the District permits the time away from assigned work. ARTICLE 40. - USE OF DISTRICT FACILITIES 40.1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or designee,for the purpose of holding meetings,to the extent that such use does not interfere with normal District operations. The OCEA agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1 The District and the OCEA acknowledge that during the negotiations, which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects within the scope of representation. Therefore,the District and the OCEA, for the term of this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter contained in this Agreement. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 21 ARTICLE 42. - IMPASSE PROCEDURES 42.1 If either the District or OCEA declares that an impasse exists in the meet and confer process, the party so declaring may initiate the impasse procedure by providing the other party with a written request for an impasse meeting,together with a statement of its position on all issues. An impasse meeting shall be scheduled and held between the parties within fourteen (14)calendar days or as soon as practicable to: 42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding, and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined herein. 43.3 Impasse Procedures are: 43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. 43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation,the parties may agree to submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other mutually incurred costs shall be mutually shared by the District and OCEA. 43.3.3 Board Actions: If the parties fail to resolve the impasse,the dispute shall be sent to the District's Board of Directors for resolution. Each party shall submit its written proposal on all issues to the Board. The Board may take such action to resolve the impasse as it deems appropriate to the public interest. Any action taken by the Board to resolve the impasse shall be final and binding. ARTICLE 43. - SEVERABILITY 43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection of this Agreement shall be declared invalid by any court or by any state or federal law or regulation, or should a decision by any court or any state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the District,the District and OCEA shall meet and confer on the affected article, section or subsection. In such event, all other articles, sections or subsections of this Agreement not affected shall continue in full force and effect. ARTICLE 44. - UNIFORMS 44.1 The District shall provide and maintain ten (10) uniform pants and shirts, which may include the name of the employee and District's seal, at no cost to employees whose duties require that they wear uniforms. The District will also provide lab coats as required by the lab manager. 44.2 All employees who are issued uniforms must wear them during the performance of their regular duties. Other clothing appropriate to the occasion, as determined by District management, may be worn when attending business meetings. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary action. ARTICLE 45. - SUBSTANCE ABUSE POLICY 45.1 The District's Substance Abuse Policy will apply to all unit members. The District may adopt or implement rules, regulations and policies to be in compliance with federal and state laws. In such cases, notification will be provided to the bargaining unit prior to implementation. 45.2 Department of Transportation (DOT) Regulations 45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver's license requirements of the Department of Transportation, Federal Highway Administration CFR Part 382 is subject to the District's Anti-Drug and Alcohol Program. The District will ensure that all alcohol or controlled substances testing conducted under OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 22 the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part 40. 45.3 District's Substance Abuse Policv 45.3.1 Any employee may be subject to discipline, up to and including termination,for any alcohol screen test that indicates an alcohol concentration level of 0.02% or greater. ARTICLE 46. - DUES DEDUCTIONS 46.1 The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations must be fled by the end of the pay period prior to the period for which the deduction is requested. 46.2 The District shall provide the OCEA a quarterly list of the names of those employees for whom it has made deductions. In addition, the District shall provide the names and addresses of new employees and the names of employees who have terminated within the previous quarter. ARTICLE 47. (This Article intentionally left blank) ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES 48.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are in progress or recommendations resulting from such procedures are being considered by the parties,the District agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor encourage employees to refrain in whole or in part from the full,faithful and proper performance of their duties of employment. ARTICLE 49. (This Article intentionally left blank) ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY 50.1 The District's Workplace Violence and Weapons Policy will apply to all unit members. ARTICLE 51. - RESIGNATION 51.1 Voluntary written termination of employment with the District is irrevocable after seventy-two(72)hours from the receipt of the resignation, except by approval of the Director of Human Resources, or designee. ARTICLE 52. (This Article intentionally left blank) ARTICLE 53. - LABOR MANAGEMENT COMMITTEE 53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District(OCSD) hereby agree to meet within two(2)months from the OCSD Board approval of this MOU to discuss the structure and process of a Labor Management Committee at OCSD.Absent mutual agreement regarding the structure and process of a Labor Management Committee,the parties will defer discussions to the time when a successor MOU is raised. OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 23 SIGNATURE PAGE 201644—2019U MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE ADMINISTRATIVE AND CLERICAL UNIT Executed: OCEA ADMINISTRATIVE &CLERICAL UNIT ORANGE COUNTY SANITATION DISTRICT Bo Gutierrez, Labor Relations Representative Steve-FitarskyLaura Kalty, Chief Negotiator Jan Orel, Administrative Assistant James Herber^ General Manag^Celia Chandler, Director of Human Resources Beatrice Mitchell, Administrative Assistant ManagerAndrew Nau. Princioal Human Resources Analyst Andrew Na o:no pal Human Rego -rose AnaWLaura Maravilla_Human Resources Supervisor AnalystJanine Aguilar, Princioal Human Resources Analyst Laurie Klinger, Senior Human Resources Analyst OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201936 Page 24 Exhibit A UNIT E4kctWe r=rrear�e �, 11Ju1-SO 104ul-15 Gassificatiea Grade MIN MAX MIN MAX 69 $31..89 $4241 $3339 $Q,26 Ait. atrative AasiMart 6Z $2220 140.36 $32.86 S4416 67 $33-20 $40.35 $33.86 $4 t46 PayreN3eehrtieian 67 $2220 S49.a6 S22.$6 $41-.16 GrePh'G6 Goerdiaater 66 $3240 $39.38 $33.05 $4 117 Lead Storekeeper62 $2924 S2$:67 $29.93 $36.38 Pgseiird% A 'ada.1 - 58 $2658 $32.311 $2741 $3296 58 $26.68 $3231 $2741 $3296 Program-Assisam 56 $25.81 $3035 IN Account n9-Assistant! s4 $24.08 S2&26$2203 527,Ese $21.82 S2652 ADMINISTRATIVE AND CLERICAL UNIT Effective Effective Effective P1a, 8Jul-16 74uI-17 64u1-18 Classification Grade MIN MAX MIN MAX MIN MAX Executive Assistant 69 3 A 44. $37.3 $45.45 $38.3 44.559 Administrative Assistant 67 38 4111 S42.19 $35.58 3.24 $36.47 .32 Contracts/Purchasing Assistant 67 $34.71 $42.19 $35.58 3.24 $36.47 .32 Pavroll Technician 67 3$ 4.71 S42.19 $35.58 3.24 $36.47 .32 Graphics Coordinator 66 $33.88 $41.17 $34.7 $42.20 $35..6 $43.26 Lead Storekeeper 62 $30.68 $37.29 $31.45 38.22 $32.24 39.18 Accounting Assistant ll $27.79 $33.78 $28.48 M.62 $29.19 36.49 Senior Storekeeper 58 $27.79 $33.78 $28.48 34.62 $29.19 35.49 Proaam Assistant 56 $26.47 $32.15 $27.13 32.95 $27.81 $33.77 Accountina Assistant l 54 $25.17 $25.80 31.37 26.45 32.15 OCEA-Administrative/Clerical MOU July 1, 201644 to June 30, 201946 Page 25 Storekeeper 52 23.97 29.15 24.57 29.88 25.18 30.83 Office Assistant 50 22.82 7.73 23.39 8.42 23.97 9.13 OCEA—Administrative/Clerical MOU July 1, 201644 to June 30, 201936 Page 26 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE TECHNICAL SERVICES UNIT July 1, 20164-4 through June 30, 201946 TABLE OF CONTENTS ARTICLE 1. -RECOGNITION.................................................................................................................................1 ARTICLE2. -DURATION.......................................................................................................................................1 ARTICLE 3.-SUCCESSOR AGREEMENT...........................................................................................................1 ARTICLE 4.-OCEA ACCESS................................................................................................................................1 ARTICLE 5.-OCEA RIGHTS.................................................................................................................................2 ARTICLE 6.-DISTRICT RIGHTS..........................................................................................................................2 ARTICLE 7.-NONDISCRIMINATION IN EMPLOYMENT.....................................................................................2 ARTICLE S.-SMOKE-FREE WORK ENVIRONMENT..........................................................................................2 ARTICLE9.-SAFETY............................................................................................................................................2 ARTICLE 10. -DISCIPLINE AND DISMISSAL......................................................................................................3 ARTICLE 11. -GRIEVANCE PROCEDURE...........................................................................................................4 ARTICLE 12. -PROBLEM SOLVING PROCEDURE.............................................................................................5 ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION......................................................................5 ARTICLE 14. -SEVERANCE PAY.........................................................................................................................7 ARTICLE 15. -DEFERRED COMPENSATION......................................................................................................7 ARTICLE 16. -HOLIDAYS......................................................................................................................................7 ARTICLE17.-HOURS OF WORK........................................................................................................................8 ARTICLE 18. -CALL-BACK PAY..........................................................................................................................8 ARTICLE 19. -STANDBY PAY..............................................................................................................................8 ARTICLE20.-INSURANCE..................................................................................................................................8 20.4 MEDICAL INSURANCE...............................................................................................................................8 20.5 LIFE INSURANCE......................................................................................................................................9 20.6 SHORT TERM DISABILITY..........................................................................................................................9 20.7 LONG TERM DISABILITY............................................................................................................................9 20.8 DENTAL INSURANCE.................................................................................................................................9 20.9 VISION INSURANCE ..................................................................................................................................9 20.10 RETIRING EMPLOYEES.............................................................................................................................9 ARTICLE 21. -REIMBURSEMENT ACCOUNT...................................................................................................10 21.2 GROUP INSURANCE PREMIUMS...............................................................................................................10 21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT............................................................................................10 21.4 DEPENDENT CARE ASSISTANCE ACCOUNT..............................................................................................10 ARTICLE22. -OVERTIME...................................................................................................................................10 ARTICLE 23. -PROBATIONARY PERIOD..........................................................................................................11 ARTICLE24. -PROMOTIONS..............................................................................................................................11 ARTICLE 25. -RETIREMENT...............................................................................................................................11 ARTICLE 26. -SHIFT DIFFERENTIAL.................................................................................................................12 ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY..............................................................................................12 27.1 VACATION LEAVE...................................................................................................................................12 27.2 SICK LEAVE...........................................................................................................................................12 27.3 JURY DUTY LEAVE.................................................................................................................................14 27.4 WITNESS LEAVE....................................................................................................................................14 27.5 MILITARY LEAVE....................................................................................................................................14 27.6 BEREAVEMENT LEAVE............................................................................................................................14 27.7 SUPPLEMENTAL LEAVE...........................................................................................................................15 ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY.......................................................................................15 28.3 SUBSTITUTION OF PAID LEAVE................................................................................................................16 28.4 PERMISSIBLE USES................................................................................................................................16 28.5 GENERAL LEAVE....................................................................................................................................17 28.6 RETURN TO WORK POLICY.....................................................................................................................17 28.7 COMPLIANCE WITH LAW.........................................................................................................................18 ARTICLE 29. -CLASSIFICATION STUDIES.......................................................................................................18 ARTICLE 30. -DRIVER'S LICENSE.....................................................................................................................19 ARTICLE 31. -LAYOFF PROCEDURE................................................................................................................19 ARTICLE 32. -LIGHT DUTY.................................................................................................................................20 ARTICLE 33. -MEDICAL EXAMINATION ...........................................................................................................20 ARTICLE 34. -MILEAGE ALLOWANCE.............................................................................................................20 ARTICLE 35. -ACTING PAY................................................................................................................................20 ARTICLE36...........................................................................................................................................................20 OCEA-Technical Services MOU July 1, 2014 to June 30, 2016 Pagei ARTICLE 37. -PERSONNEL FILES ....................................................................................................................20 ARTICLE 38.—BULLETIN BOARDS...................................................................................................................21 ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS...........................................................21 ARTICLE 40. -USE OF DISTRICT FACILITIES..................................................................................................21 ARTICLE 41. -SCOPE OF BARGAINING...........................................................................................................21 ARTICLE 42. -IMPASSE PROCEDURES...........................................................................................................21 ARTICLE 43. -SEVERABILITY............................................................................................................................22 ARTICLE 44. -UNIFORMS...................................................................................................................................22 ARTICLE 45. -SUBSTANCE ABUSE POLICY....................................................................................................22 ARTICLE 46. -DUES DEDUCTIONS...................................................................................................................22 ARTICLE47...........................................................................................................................................................22 ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES.................................................................................23 ARTICLE49...........................................................................................................................................................23 ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................23 ARTICLE 51. -RESIGNATION.............................................................................................................................23 ARTICLE52...........................................................................................................................................................23 ARTICLE 53. -LABOR MANAGEMENT COMMITTEE.........................................................................23 SIGNATUREPAGE...............................................................................................................................................24 EXHIBITA.............................................................................................................................................................25 OCEA—Technical Services MOU July 1, 201644 to June 30, 201936 Page ii MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE TECHNICAL SERVICES UNIT In accordance with the provisions of California Government Code Sections 3500, at seq., and Resolution No. 75-127 of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with representatives of the Orange County Employees Association (OCEA)for the Technical Services Unit. These meetings have resulted in an agreement and understanding to recommend that the employees represented by OCEA accept these terms and conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of employment for the employees represented by OCEA as set forth in this Agreement. ARTICLE 1. - RECOGNITION 1.1 This Agreement, effective July 1, 20164-4, is entered into between the Orange County Sanitation District, referred to hereinafter as the"District,"and the Orange County Employees Association, referred to hereinafter as"OCEA." 1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee organization for matters within the scope of representation for the following classifications, as set forth in Exhibit"A" (attached hereto and incorporated by reference),as well as additional classes as may be added hereafter by the District. ARTICLE 2. - DURATION 2.1 This Agreement shall be binding on the District and OCEA when approved and adopted by the District's Board of Directors. This Agreement shall terminate on June 30, 201946.This Agreement shall act as a bar to the raising of the question of representation during its term, except that the question of representation may be raised during the period between sixty(60)and ninety(90)days prior to its expiration. ARTICLE 3. - SUCCESSOR AGREEMENT 3.1 The Group shall submit in writing its initial proposal for a successor agreement 60�prior to the expiration date of this Agreement. ARTICLE 4. - OCEA ACCESS 4.1 An OCEA Representative shall have access to the District's facilities during working hours for the purpose of assisting Unit employees in processing grievances or investigating matters arising out of the application of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in advance from the Director of Human Resources,or designee. 4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who are authorized to request access under this article, and shall notify the Director of any changes in that list. 4.3 OCEA access shall not interfere with the District's operations,or with the work of employees in any manner. The District reserves the right to restrict access in certain areas designated as confidential or secure. OCEA—Technical Services MOU July 1,201644 to June 30, 201946 Page 1 ARTICLE 5. - OCEA RIGHTS 5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement. The OCEA shall furnish the Director of Human Resources, or designee with the names of employees selected as representatives and shall update the list as necessary. An alternate representative may be designated to act in the absence of the regular representative. Employees not listed on the roster of representatives provided to the District by the OCEA may not act as representatives. 5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA activity. ARTICLE 6. - DISTRICT RIGHTS 6.1 District inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to the District in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. District rights include, but are not limited to, the exclusive right to consider the merits, necessity or organization of any service or activity provided by law, or administrative order; determine the mission of its constituent departments, commissions and boards;set standards of service, determine the procedures and standards of selection for employment and promotion; establish and implement performance standards; direct its employees; take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of funds; maintain the efficiency of District operations; determine the methods, means and personnel by which District operations are to be conducted; determine the content of job classifications; classify and reclassify positions; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 6.2 District retains all authority and rights conferred on it by law, or other legal sources, except to the extent that such authority is explicitly waived by the express terms of this agreement. District exercise of its management rights hereunder shall not be subject to appeal or meeting and conferring, however,that the exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical consequences or impacts that District decisions have on wages, hours, and other terms and conditions of employment. ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT 7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard to 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, or 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 shall be applied to all members of the unit without regard to any protected classification , status _tie. veteran, age or e t nshp ARTICLE B. - SMOKE-FREE WORK ENVIRONMENT 6.1 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 I"vaoina'1 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. OCEA shall cooperate by encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements OCEA—Technical Services MOU July 1, 201644 to June 30, 201936 Page 2 of the District, and to report any unsafe practices or conditions to their immediate supervisors. An employee shall not be required to perform work that is unsafe. ARTICLE 10. - DISCIPLINE AND DISMISSAL 10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit:verbal reprimand, written reprimand, suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee's last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail,which shall be the date of issuance. 10.5 The Notice of Intent shall contain the following: (1)a description of the disciplinary action intended and the effective date of the action; (2)the reasons for the proposed action;(3)a copy of the charges and materials upon which the action is based; and, (4)a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District management representative with authority to make an effective recommendation on the proposed action,the person to whom any response must be directed, and the fact that such response must be received within ten If 0)business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response,the District shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District's Personnel Policies& Procedures Manual. 10.7 Dismissal shall be preceded by at least one(1)written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol,theft or misappropriation of District property or funds,fighting on the job, insubordination,acts endangering people or property,or other serious misconduct. The District may substitute documented suspensions without pay for written reprimands. 10.8 If a Notice of Intent is upheld and the disciplinary action is imposed,the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions,the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources Department. Documentation regarding verbal and written reprimands may be removed from an employee's personnel file twenty-four(24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 3 designee, agrees to remove disciplinary action documentation from an employee's personnel file, such documentation shall be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the District's proposed discipline. 10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, "bumping' associated with layoffs, reasonable accommodation)shall not be considered discipline. ARTICLE 11. - GRIEVANCE PROCEDURE 11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed under this Grievance Procedure. 11.2 A grievance may be brought to the attention of the District by an individual employee within the Unit or by the OCEA. The District may not bring a grievance through this procedure. Grievances brought by two(2) or more employees,and concerning the same incident, issue,or course of conduct, or multiple grievances brought by the same employee may, upon mutual agreement of the District and the OCEA, be consolidated for the purposes of this procedure. 11.3 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 the OCEA at all steps of the Grievance Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article implies business days. 11.34.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or designee within ten 10 five-(5)days of the occurrence of the event giving rise to the complaint, or within ten 10 Nve4&)days from the time that the employee became aware of such event. The supervisor, or designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to the employee within ten Ll0 five{5)days. 11.34.2 Step 2. If the grievance is not settled at Step 1, it maybe 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: a) Identify the specific management act to be reviewed; b) Specify how the employee was adversely affected; c) List the specific provisions of the MOU that were allegedly violated and state how they were violated; d) Specify the remedy requested; and e) Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. 11.34.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 4 11.34.3 Step 3. If a grievance is not settled under Step 1 or 2, it maybe presented to the employee's Department Director, or designee, for review and written response. The request for formal review must be presented on a form provided by the District within five (5)days of the conclusion of Step 1 or 2, and must contain the information specified in Step 2 above. A copy of each written communication on a grievance will be filed with the Director of Human Resources, or designee. The employee's Department Director,or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. 11.34.4 SIeD 4. If the grievance cannot be resolved under Step 3, it maybe presented to an Assistant General Manager, or designee, within five(5)days from the dale the Step 3 finding was issued. The Assistant General Manager, or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. 11.34.5 Step 5. Appeal to the General Manager,or designee, is the final step in the Grievance Procedure. If the grievance cannot be resolved under Step 4, it may be presented to the General Manager,or designee,within five(5)days from the date the Step 4 finding was issued.The General Manager, or designee, shall respond in writing to the employee within ten (10)days after the date of the grievance is received. 11.45 General Provisions: An employee shall be given reasonable time off without loss of pay to present and process a grievance. If an employee is represented by the OCEA,the OCEA may designate one employee to present and process the grievance. The employee representative shall be given reasonable time off without loss of pay to perform this responsibility. Absence from work shall be approved only if it does not cause disruption to District operations. However, if the time requested cannot be provided, an alternate time shall be arranged. 11.45.1 Failure of a management representative to respond within the appropriate time limit shall provide a basis for the employee appealing to the next step. If a grievance is not presented or appealed within the time limits, it shall be considered resolved on the basis of the preceding response.The Director of Human Resources,or designee, may be petitioned in writing to waive the step or time requirements provided sufficient cause exists. 11.45.2 Resolution maybe agreed upon at any stage of the grievance process. However,the OCEA shall be notified prior to the resolution of any formal grievance matter. ARTICLE 12. - PROBLEM SOLVING PROCEDURE 12.1 Employees may bring problems to the attention of District managers through the Problem Solving Procedure. This Procedure was developed to encourage and facilitate the resolution of employee concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be subjected to the Grievance Procedure.Any reference to days in this article implies business days. 12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon as possible. The supervisor shall review the situation or decision, and provide a written response within five days from the date they were notified of the problem. 12.3 If the problem is not resolved to the employee's satisfaction,the employee may file a written statement concerning the problem with the Director of Human Resources, or designee, within ten (10)days of receipt of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and establish the remedies sought. The employee shall be provided a written response within ten (10)days after his or her statement is received. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the Director of Human Resources, or designee, is final. ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION 13.1 Each pay grade is divided into five (5)steps,with an approximate 5.0%difference between each step. 13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective after the date of implementation. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 5 13.3 Merit Pay 13.3.1 Step Increase Pa v—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: 13.3.1.1 Eligible-Employees must have a proficient year-end performance appraisal to receive a one(1)step base-building salary increase until earning placement at step five (5). 13.3.1.2 Ineligible- Employees who are placed on a Performance Improvement Plan (PIP)due to a needs improvement performance review on the year-end appraisal or who are on a PIP at the time of the year-end appraisal period will remain at their current step until the PIP is satisfactorily completed. 13.3.1.3 Performance Management Program: The performance management program includes three(3)rating categories (exceeds, proficient, needs improvement)for performance appraisals. 13.3.2 Development Pav—Employees under this Agreement will be eligible for Development Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum amount each pay period. Employees must have a proficient year-end performance appraisal to be eligible for the following Development Pay types: • Education—Eligible employees who obtain or who have obtained a degree of approved subjects at an accredited college or university will receive$20.76 per pay period for an associate degree and $41.53 per pay period for an undergraduate degree. The maximum amount of Education pay is fixed at$41.53 per pay period. • Certification/License—Eligible employees who obtain or who have obtained a District approved certification or license will receive$7.62 per pay period per certificate or license with a maximum of three(3)certificates and/or licenses. The maximum amount of certification/license pay for any combination of certificates and/or licenses is fixed at$22.86 per pay period. 13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is fixed at$64.39 per pay period. 13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review on the year-end performance appraisal are not eligible for Development Pay until the PIP is satisfactorily completed. 13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside the year-end appraisal will have all Development Pay suspended until the PIP is satisfactorily completed. The return of Development Pay will not be retroactive. 13.4 Salary Range Adjustments 13.4.1 Effective the first pay period in July 201644, employees under this Agreement will receive salary range adjustments at a flat rate of 2_52:0%. 13.4.2 Effective the first pay period in July 2017445, employees under this Agreement will receive salary range adjustments at a flat rate of 2_52.0%. 13.4.3 Effective the first pay period in July 2018, employees under this Agreement will receive salary range adjustments at a flat rate of 2.5%. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 6 ARTICLE 14. - SEVERANCE PAY 14.1 Employees are expected to give a minimum of two(2)weeks written notification when terminating employment with the District. Except for disciplinary cause,when a full-time employee is terminated by action of the District,the employee shall be notified in writing two (2)weeks prior to the effective separation date. In the event the District does not give such notification,the employee shall be entitled to severance pay in accordance with the formula set forth below: 14.1.1 Full-time, regular employees shall be entitled to eight(8) hours pay for each full calendar month of continuous employment not to exceed one hundred sixty(160)hours pay. 14.1.2 Employees in limited term or part-time positions, probationary employees and employees who are separated for cause, are not eligible for severance pay under any circumstances. ARTICLE 15. - DEFERRED COMPENSATION 15.1 Employees may participate in the District's approved deferred compensation plan subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by District management. ARTICLE 16. - HOLIDAYS 16.1 The days listed below are observed by the District as holidays. Employees will receive holiday pay if their entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status, meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts.When an employee's work schedule requires that they work on an observed holiday, the employee will be paid at the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and one half(1.5)times their regular hourly rate for all hours actually worked. Employees may also elect to receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay.When a holiday occurs on an employee's regular scheduled day off,the employee will accrue compensatory time off for the amount of hours normally scheduled for that day Employees with a compensatory time off balance in excess of fifty(50) hours as of the last pay period ending in October will receive a mandatory payout for the hours that exceed fifty(50). HOLIDAY New Year's Day Lincoln's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday' 16.2 Employees may elect one(1)day during each year as a "Floating Holiday'. New employees shall be granted a"Floating Holiday"on a pro rate basis in the first calendar year of service per the following table: OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 7 Hire Date Percent 1 r Quarter(January-March) 100% 2^0 Quarter(April-June) 75% 3r0 Quarter(July-September) 50% 41h Quarter(October-December) 0 16.3 Employees must use the"Floating Holiday"within the year it is granted. Every effort will be made to approve an employee's request for a"Floating Holiday"off providing sufficient notice is given. ARTICLE 17. — HOURS OF WORK 17.1 For record keeping and accounting purposes,the"workweek"for full-time employees is 40 hours per 168- hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be scheduled in shifts of four 9-hour days and one 4-hour day each workweek(9/80 schedule), five 8-hour days each workweek(10/80), four 10-hour days each workweek(8/80), or three 12-hour days and one 4- hour day each workweek(7180). The starting and ending times of individual employees'workweeks may vary. 17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified that their hours had been changed, he or she shall receive two hours pay at the overtime rate. 17.3 The District may, at its sole discretion, change an employee's work schedule with thirty(30)days written notice to the affected employee. ARTICLE 18. - CALL-BACK PAY 18.1 When an employee is called back to work by District management without prior notice,and the employee has completed his or her normal work shift and left the work station, or when prior notice is given but the work begins on the same day at least three hours after completion of the regular shift,the employee shall receive a minimum of three hours of call back pay. The three hours minimum,whether or not actually worked,shall be paid at the rate of one and one half times the regular hourly rate. Employees who are called back a second time within a normal shift period are considered to be working for the duration of that shift. ARTICLE 19. - STANDBY PAY 19.1 Standby is time during which an employee is not required to be at the work location or at the employee's residence but is required to be available for immediate return to work. Standby assignments shall first be made on a voluntary basis. A volunteer standby list shall be established by classification and job location. Standby assignments shall be made from the list of employees who are competent and experienced, in alphabetical order,on a rotating basis. In the event that no one volunteers,the District shall assign standby byjob classification and work location from employees who are competent and experienced on a rotational basis.An employee placed on standby shall be compensated at the rate of three hundred forty- five(345)dollars per week,and shall receive Call Back pay when they are actually called to work. ARTICLE 20. — INSURANCE 20.1 The District will provide healthcare and welfare insurance benefits. 20.2 All insurance coverage shall become effective on the first day of the month following date of hire, regardless of hire date. An open enrollment period shall be held annually. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 8 follow ng rat f Gat on to d sn -qq the trnng non frnm Anthem to Blue Sh eld through CAI fern A StAte Aggon at on of Cn--nt Ps Excess insuranGe Author ty(GSAC FIA), or to another Garr er d reedy, and var ad plan des gn changes n order to m t gate exc se taxat on n 418 Potent al strateg as fe Gans derat an nG!ude, but are not 1 m ted to, the follow ng: plan des gn changes to Off Ge and spec al st Gapays, emergency room repays, plan deduct bles and Gontr but on Fates; and alteFnat ve plan offer ngs Such as a h gh deduct ble health plan w th health sav ngs account fund ng. 3.2 The part as agree that any reopener shall be subject to Government Code Rest on 3505 4 and . case law, nGlud'nn PERB des de'onn .h'nh 'ntn t that prov :on. 20.43 Medical Insurance 20.43.1 The District will provide medical health insurance coverage through a Health Maintenance Organization (HMO)medical insurance plan and a Preferred Provider Organization (PPO) medical insurance plan, SeGiea-204. 20.43.2 Reaular.full-time employees: 20.43.2.1 The District shall contribute 90%of employee only premiums for the HMO medical health plan and 80%of employee only premiums for the PPO medical health plan. The District will contribute 80%of the employee+1 dependent and full family premiums for the HMO and PPO medical plans.Any change in insurance rates shall be shared equally in same ratio as the District and employees currently pay premiums. Before the renewal of any District's sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.3.3 The District may reopen negotiations at anytime 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 chance is either(1)mandated by the ACA, or(2) mutually agreed upon by the Parties. 20.54 Life Insurance The District shall pay the full premium for$50,000 tens life insurance on each employee. 20.55 Short Term Disability The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for employees equal to California's State Disability Insurance(SDI)program for up to twenty-six(26)weeks following a fourteen (14)calendar day waiting period. 20.76 Lora Term Disability 20.76.1 The District shall provide a non-work related, long-term disability indemnity plan that pays two- thirds of the employee's rate of pay in effect at the time of such disability, not to exceed $5,000 per month, up to age 65, following a 90-day waiting period of continuous disability,at such time that an employee completes five (5)years of service. 20.76.2 For participants age 64 and younger, the maximum period of payment is based on the Social Security Act retirement age of 65. For participants age 65 and older, the maximum period of payment is specified. The specified periods and additional information about coverage is included in the District's long-term disability plan contract accession on the intranet. 20.76.3 No combination of disability or sick leave pay shall result in more than an employee's regular rate of pay. Employees may not receive short-term and long-term disability benefits at the same time.An employee who is otherwise not eligible for District paid Long Term Disability may purchase such coverage at his or her own expense. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 9 20.87 Dental Insurance The District will contribute 80%of employee only and 80%of full family premiums for dental insurance. 20.98 Vision Insurance The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents. 20.499 Retiring Employees 20.409.1 The District shall pay,for employees hired prior to July 1, 1988, two and one-half(2.5)months' premium for each year of continuous service of a retiring employee towards the premium costs of coverage for the employee and eligible dependents under the District's medical plan. 20.409.2 In the event the District adds additional optional insurance plans, the District's share of the premium shall be the same as for existing plans as set forth above. In the event the District changes underwriters for existing insurance plans, the District's share of the premium shall be the same as for existing insurance plans as set forth above. 20.499.3 The District will continue to implement the retiree medical health premium offset program wherein the cost of health premiums are offset by$10 per month for every year of continuous service up to a maximum of 25 years or$250 per month. Employees hired on or after August 1, 2011 shall not be eligible for the retiree medical health premium offset. ARTICLE 21. - REIMBURSEMENT ACCOUNT 21.1 Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion of the cost of benefits under the Plan through salary redirection arrangements. The options available under the flexible benefits program are listed below. This is a brief overview of the different options. For complete information regarding Flexible Spending Accounts, employees must refer to the plan booklet available in the Human Resources Department. 21.2 Group Insurance Premiums Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis. 21.3 Medical Care Reimbursement Account The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of reimbursing himself or herself for payment of health care costs not otherwise covered by his or her medical insurance. 21.4 Dependent Care Assistance Account The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of reimbursing himself or herself for childcare expenses or day care for a disabled dependent. ARTICLE 22. - OVERTIME 22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or additional work. The District may require the performance of overtime. In the event no qualified employee wishes to work overtime, District's management may select employees with the ability to perform the work by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based upon an employee's ability to perform the overtime work. 22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted as time worked. Pay for overtime time shall not occur until after actual work time of forty(40)hours in a seven (7)day workweek is reached. OCEA—Technical Services MOU July 1, 201644 to June 30, 201936 Page 10 ARTICLE 23. - PROBATIONARY PERIOD 23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at least the first day of the pay period following six monthst�•emy�eks of employment without a break in service. Extended absence without pay, short-term and long-term disability and Workers' Compensation leave does not provide an opportunity to judge an employees'capability to meet performance expectations for a position, and thus the time spent on such leaves shall not be included towards completion of the probationary period and may result in an extension. 23.2 Employees who are rehired following a break in service must complete a new probationary period whether or not one was previously completed. An employee may be released during his or her Probationary Period at the discretion of the District without recourse to the Grievance Procedure. 23.3 Employees who are reassigned or laterally transferred will serve a probationary period of six monthsf•ent•s "° .s. The"probationary period"shall not divest an employee of his/her property rights in his/her former position. Rejection of probation during this period shall result in the employee reverting to his/her former assignment and/or position. ARTICLE 24. - PROMOTIONS 24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of pay.The District will determine whether a vacant position shall be filled as an open or promotional opportunity or recruitment.Whenever the District intends to fill a position by promotion,the District shall post the opportunity for a minimum often(10)business days. Employees must apply during the period of posting. Notices shall be posted on the District's intranet. 24.2 A promoted employee shall serve a promotional probationary period lasting at least until the first day of the pay period six monthsf•^�eks after the effective date of the promotion. At any time during the promotional probationary period, an employee may be returned to his or her previous position. The promotional probation period may be extended by mutual agreement between the employee and District's management for up to ninety(90)days. If an employee is promoted during his or her initial probationary period,the period shall be extended until at least the first day of the pay period six months 6) weeks after the effective date of the promotion. 24.3 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the range for the new classification or the minimum rate of the new classification whichever is greater. ARTICLE 25. - RETIREMENT 25.1 The District shall continue participation in the Orange County Employees Retirement System (OCERS), wherein all full-time employees are considered members. The following retirement program is in effect pursuant to the contract between OCERS and the District. 25.1.1 Employees hired before September 21, 1979: The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula(Plan G) based on the highest consecutive twelve(12) months average earnings, past and future service. 25.1.1.1 The District will continue to pay 4.5% toward the employee's contribution to OCERS for those employees who elected to make a one-time decision to remain in the Plan G program. 25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011:The District will continue to contract with OCERS to provide the 2.5%@ 55 benefit formula(Plan H)based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.2.1 The District will continue to pay 3.5% of an eligible employee's base salary toward the employee's contributions to OCERS. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 11 25.1.3 Employees hired on or after August 1, 2011 and before January 1,2013: The District will contract with OCERS to provide the 1.667% @ 57.5 benefit formula(Plan B)based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.3.1 The District will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.1.4 Employees hired on or after January 1, 2013: The District will contract with OCERS to provide the 2.5% @ 67 benefit formula (Plan U- PEPRA) based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.4.1 The District will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross salary for taxation purposes in accordance with Internal Revenue Code provisions. ARTICLE 26. - SHIFT DIFFERENTIAL 26.1 Employees who are regularly assigned to work a night shift that consists of 50%or more of their hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall receive a shift differential of$2.50 per hour. ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY 27.1 Vacation Leave 27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with the first day of employment, in accordance with the following schedule: Years of Service Hours-Biweekly Hours-Annual In years 0 through 1 3.08 80 In years 2 through 4 3.08 80 In years 5 through 10 4.62 120 In year 11 4.93 128 In year 12 5.24 136 In year 13 5.54 144 In year 14 5.85 152 In year 15 6.16 160 In year 16 6.46 168 In year 17 6.77 176 In year 18 7.08 184 In year 19 7.39 192 In year 20 and over 7.69 200 27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy. 27.1.3 Vacation leave begins after an employee has completed twenty-six (26)weeks of continuous service. After the individual's first twenty-six(26)weeks of service, his or her account will be credited with 40 hours.After that time, he or she will accrue vacation hours consistent with the above chart.Vacation leave may only be utilized in increments of one-half hour or more. Vacation leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave payroll status. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 12 27.1.4 When unpaid absences occur,vacation leave accruals will be applied by straight proration of leave accruals based on the number of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 27.1.5 Employees may have a maximum accumulation of 200 hours as of the last day of the final pay period in December of each year. In the event an employee accrues vacation leave in excess of 200 hours, it must be used prior to said December date, all other remaining hours in excess of 200 will be paid to the employee in the first pay period in January at the employee's then current hourly rate of compensation. 27.2 Sick Leave 27.2.1 Definition:Sick leave is an insurance or protection provided by the District to be granted to employees in circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right to take time off from work. Sick leave is defined as the absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to attend to the illness or injury of a family member as hereinafter defined 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). Temporary employees shall receiveaRe not ant tiedto sick leave benefits as required by State law. 27.2.2 Method-Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid sick leave at the rate of three point five(3.5) hours for each biweekly pay period of continuous service (ninety-one (91) hours per year). Full-time employees hired on or after November 27, 1981,accrue paid sick leave at the rate of three(3.0)hours for each biweekly pay period of continuous service (seventy-eight(78) hours per year), beginning with the first day of employment. 27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy. 27.2.4 When unpaid absences occur,sick leave accruals will be applied by straight proration for leave accruals based on the number of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 27.2.5 Annual Pavoff- Employees may elect annually to be paid for any unused sick leave hours accrued through the end of October at their current hourly rate according to the following payoff schedule or as specified in a Memoranda of Understanding. Accrued Sick Leave Hours Rate of Payoff 0-100 0% 101-240 25% 241-560 35% Over 560(mandatory) 50% 27.2.6 Employees who terminate for any reason other than retirement or death shall be compensated for any accrued and unused sick leave according to the above schedule. Employees who retire or decease with twenty(20)years or more of service shall be paid at the one hundred percent (100%) rate for all accrued and unused sick leave. Employees who retire or decease with less than twenty(20)years of service will be paid at the seventy-five percent(75%)rate for all accrued and unused sick leave. 27.2.7 Permissible Uses-Sick leave maybe applied only to: A. Absence due to illness, injury or pregnancy of an employee. B. Absence due to medical and dental office appointments of an employee when approved by the employee's supervisor. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 13 C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother, sister, husband,wife, domestic partner, child, child of domestic partner, grandparent, grandchild, legal guardian, or any family member with whom the employee resides. D_Absence due to a job-related injury. IXE. Absence related to 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). 27.2.8 General Provisions-To qualify for sick leave pay, the employee must notify the District at or in advance of the time the employee is scheduled to report for duty. Minimum charge to the employee's sick leave account shall be one-half hour and thereafter in one-half hour increments. Human Resources and department management shall be responsible for control of abuse of the sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness; however,for absences of ten consecutive working days or more, a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. Upon return to work, a written doctors release must be submitted to Human Resources. For absences of one or more working days in an unpaid status,a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. If the need for leave is due to the employee's serious health condition,as defined in the Family and Medical Leave Act("FMLA")or the California Family Rights Act("CFRA"),the certification requirement shall comply with the provisions of these Acts. 27.3 Jury Duty Leave 27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on prescribed forms, be entitled to his or her regular pay for those hours of absence due to performance of the jury duty for a period up to twenty-two(22)working days. 27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's timesheet system and provide a copy of the summons to his or her supervisor.To be entitled to receive regular pay for such jury leave, the employee must report for work at the District for time not actually retained on jury unless there is less than 1/2 of their regular shift remaining. Employees are not compensated forjury duty occurring on scheduled days off. 27.4 Witness Leave 27.4.1 Any full-time, including probationary, employee,who is required to be absent from work by a subpoena properly issued by a court, agency or commission legally empowered to subpoena witnesses,which subpoena compels his or her presence as a witness, except in a matter wherein he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an online time off request, be entitled the time necessary to comply with such subpoena, provided any fees received for such service, exclusive of mileage, are submitted to the District for deposit in the General Fund of the District. 27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and complete an online time off request form in order to be eligible for pay for such absence. To be entitled to receive regular pay for such witness leave, the employee must report for work at the District for time not actually retained on witness service of one hour or more prior to and/or upon completion of each day's service, exclusive of travel time. 27.5 Military Leave 27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human Resources Department and shall state the date when it is desired to begin the leave-of-absence OCEA—Technical Services MOU July 1, 201644 to June 30, 201936 Page 14 and the date of anticipated return. A copy of the orders requiring such military service shall be submitted with the request. 27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall govern military leave. In general, current law provides that an employee having one(1)year or more service with a public entity is entitled to military leave with pay not exceeding thirty(30)days per year if the employee is engaged in military duty ordered for purposes of active military training or encampment. An employee who is required to attend scheduled service drill periods or perform other inactive duty reserve obligations is entitled to military leave without pay, not exceeding seventeen (17)calendar days per year, although the employee may, at his or her option, elect to use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive drill period obligations. Employees who participate in weekend military drill duty are not eligible for leave with pay for such activity, but may have their regular work schedule changed to accommodate the required time off. 27.6 Bereavement Leave 27.6.1 Using the online time off request system, any full-time employee,whether probationary or regular, shall receive a maximum of thirty-six(36)hours of paid time for the death or funeral of an immediate family member. Immediate family member is defined as the employee's father, step- father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister,step-sister, husband,wife,domestic partner, biological child, adopted child, step-child, child of a domestic partner, grandchild, grandparent,foster parent,foster child, legal guardian, or any family member with whom the employee resides. 27.7 Supplemental Leave 27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in accordance with the following schedule in the first pay period in July: Years of Service 5-9 10- 14 15- 19 20-24 25, Supplemental Leave Hours 5 10 15 20 25 27.7.3 Supplemental Leave will be administered in accordance with the following guidelines: 27.7.3.1 Supplemental Leave may be used in one-quarter(0.25)hour increments. 27.7.3.2 Any unused Supplemental Leave, within the fiscal year granted,will not be carried over to the next fiscal year. 27.7.3.4 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash out or eligible for any mandatory payout. 27.7.3.5 Employees who cease to be part of the bargaining unit for any reason will forfeit any unused Supplemental Leave. 27.7.3.6 Employees who are hired or transferred into the bargaining unit shall be granted Supplemental Leave on a pro-rata basis per the following schedule: HireRransfer Date Percent July—September 100% October—December 75% January—March 50% April—June 25% OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 15 ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY 28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below, employees shall not receive compensation during an unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)1CFRA (California Family Rights Act)for their own serious health condition. 28.2 Using the prescribed forms, approved by District management, any full-time, including probationary, or part-time employees with at least fifty-two (52)weeks of service and at least twelve hundred fifty(1,250) hours of service, may be granted an FMLA or CFRA leave-of-absence without pay, not to exceed twelve (12)weeks in a rolling twelve(12)month calendar period. A"rolling"twelve(12)month period is measured backward from the date the employee uses the leave.A request for leave of absence without pay must be made upon prescribed forms in all instances where an employee is absent without pay for more than five (5)consecutive working days, or for absences of ten (10)working days or more when using paid sick leave accruals. 28.3 Substitution of Paid Leave 28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's own serious health condition shall be required to use all accruals, before unpaid leave is granted. Paid time off will not accrue during any pay period that an employee is absent without pay for more than one (1)day. 28.3.2 Paid time off accruals may be used for the care of the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent,foster parent, legal guardian, or any family member with whom the employee resides. 28.4 Permissible Uses 28.4.1 FMLA Leave. FMLA leave maybe used for: 28.4.1.1 The birth of a child or to care for a newborn of an employee; 28.4.1.2 The placement of a child with an employee in connection with the adoption or foster care of a child; 28.4.1.3 The care for the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, biological child, adopted child,step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, legal guardian,or any family member with whom the employee resides who has a serious health condition, as defined in the Act; 28.4.1.4 The employee's own serious health condition that renders the employee unable to perform the essential functions of his or her position, including incapacity due to pregnancy; 28.4.1.5 A qualifying exigency arising out of the fact that an employee's family member is on covered active duty or called to covered active duty status in the Armed Forces.A qualifying exigency may include activities such as making arrangements for childcare, attending counseling relating to the active duty of the service member, or attending to farewell or arrival arrangements for the service member. 28.4.1.6 The care for the employee's family member or"next of kin"service member of the United States Armed Forces who has a serious injury or illness incurred in the line OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 16 of duty while on active military duty. This leave may consist of up to twenty-six (26) weeks of unpaid leave during a single twelve(12)month period. 28.4.2 CFRA Leave. CFRA Leave may be used for: 28.4.2.1 The same purposes as FMLA Leave, including the care of a domestic partner or child of a domestic partner, and shall run concurrently with FMLA leave. 28.4.2.2 CFRA may not be used for 1)an employee's incapacity due to pregnancy,. 2)leave due to a qualifying exigency, or 3)to care for a family member or next of kin with a serious injury or illness incurred in the line of duty. However, incapacity due to pregnancy may entitle an employee to up to four(4)months of pregnancy disability leave under California's Pregnancy Disability Leave(PDL) law. 28.4.3 General Provisions: Reauests for FMLA and CFRA Leave Where the need for Leave is foreseeable,the District requests thirty(30)days advance notice. 28.4.4 Medical Certification As a condition of FMLA or CFRA Leave because of a serious health condition,the District may require certification by the employee's attending physician in accordance with Department of Labor(DOL) regulations. 28.4.5 Medical and Dental Premiums During FMLA and CFRA Leave,the District shall pay for medical and dental benefits at the same level as coverage would have been provided if the employee was not on leave. The employee shall be required to pay his or her share of medical and dental premiums. Failure to submit a monthly co-payment, in full, within sixty(60)days of the invoice date will result in loss of group coverage. Coverage will be reinstated upon return to active employment. 28.4.6 Reinstatement Upon expiration of FMLA or CFRA Leave, the employee shall be reinstated to the same or a comparable position, unless the employee would not otherwise have been entitled to that position for reasons unrelated to such leave(e.g., layoff), in which case the District's obligation to continue health and dental or other benefits shall cease. 28.4.7 District Employment of Spouses/Domestic Partners 28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve(12) weeks FMLA or CFRA Leave in a rolling twelve(12)month calendar period for the care of a parent or newly born or placed child. 28.4.7.2 CFRA Leave. Married employees and employees in domestic partnerships will be limited to a combined total of twelve (12)weeks CFRA leave in a rolling twelve(12) month calendar period for the care of a parent or newly born or placed child. 28.5 General Leave 28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general leave-of-absence by District management to attend to personal matters or for FMLA or CFRA qualifying events after the expirations of previously authorized leave. 28.5.2 During a general leave-of-absence,the employee will be required to pay both the District's and the employee's share of medical and dental premiums. 28.5.3 Failure to submit a monthly co-payment, in full,within sixty(60)days of the invoice date will result in loss of group coverage. Coverage will be reinstated upon return to active employment. 28.6 Return to Work Policy 28.6.1 An employee who has been absent from work due to a medical reason may be subject to a Return-to-Work medical evaluation. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 17 28.6.2 If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions(with reasonable accommodation if the employee is disabled within the meaning of the ADA/FEHA)and the employee is willing to return to work, placement in an alternative position, if available,shall be considered. The employee shall be re- classified as medically disqualified while alternative positions are being considered. Such time off shall be without pay; however, the employee may elect to use accrued leave hours, such as vacation, sick or personal, to receive compensation. Placement of an employee in an alternative position requires a pre-placement medical evaluation for the alternative job. 28.6.3 If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions(and cannot be reasonably accommodated if the employee is disabled within the meaning of ADA/FEHA)and there is not an alternative position, or the employee's restrictions are not compatible with an alternative position, or the employee is not willing to return to work, the employee shall be re-classified as medically disqualified and not permitted to work. Thereafter, the employee shall be retired for disability, if eligible, or dismissed. Such dismissal will not imply disciplinary action for cause. If requested,the employee's file will indicate the employee left for personal reasons. 28.6.4 Bridoe of Service If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District within one(1)year,the District shall bridge the employee's service date. Bridging of service procedures involve adding the total number of days away from work to the employee's original date of hire. 28.6.5 Failure to Return to Work If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof including General Leave,an employee fails to return to work and no additional leave has been authorized, the employee shall be considered to have automatically resigned from his or her position. In such cases,the employee will receive advance notification of the District's intent to implement an automatic resignation. 28.7 Compliance with Law These Leave-of-Absence provisions shall be interpreted and applied in a manner that is consistent with the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between these provisions, as written or applied, the provisions of law shall govern. ARTICLE 29. - CLASSIFICATION STUDIES 2q.1 OGSD, 9,i r n6lude a RepResenlative from OCEA to part o pate as a partner n the agency w dp glagg f naton and Gampensat on study. 29.21 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 V 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. 29.32 Y-Rating 29.32.1 All classification study findings regarding existing classifications are subject to approval by the General Manager;findings recommending a new job classification range are subject to approval by the District's Board of Directors. The recommendations of the classification study shall be implemented in the first pay period immediately following the completion of the study, unless the OCEA—Technical Services MOU July 1, 201644 to June 30, 201936 Page 18 recommendations require action betaken by the Board of Directors prior to implementation. In such event,the recommendations shall be implemented in the first pay period immediately following authorization by the Board. 29.32.2 In the event the duties and responsibilities of a position are allocated to a lower paid classification, the salary of the incumbent of that position shall remain unchanged (Y-rated)in accordance with the following table: Years of Service Term of Y-Rate 0-3 1 year 4-5 2 years 6-10 3 years 11-20 4 years 20 or more 5 years 29.32.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees are working in a job classification with a lower maximum rate of resulting from changes to the District's staffing requirements, organizational structure or"bumping"associated with layoffs. Y- rating shall not apply in cases involving disciplinary actions or voluntary changes to a job classification with a lower maximum rate of pay. 29.32.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table above. If the Y-rate expires before the employee's salary falls within the range of the new classification, the employee shall be placed at the top of the range. Employees become eligible for merit increases and range adjustments when the Y-rate is no longer in effect. 29.43 Z-Rating 29.43.1 Employees allocated to classifications with a lower range maximum than their current salary as a result of the District's comprehensive Classification Study results implemented effective July 12, 2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of their salary range exceeds or equals their current salary. 29.43.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level, his or her salary will be placed at the step of the new range that is nearest a one-step increase, not to exceed the maximum rate of pay. ARTICLE 30. - DRIVER'S LICENSE 30.1 Employees who are required by the District to drive must notify their supervisor and the Human Resources Risk Management Division immediately upon receipt of any suspension or revocation of their California Driver's License privileges. Failure to do so could result in disciplinary action up to and including separation. 30.2 If an employee whose license is suspended or revoked and is unable to perform his or her regular duties and responsibilities notifies the District in a timely fashion,an attempt shall be made to place the employee in an equal or lower level position for which he or she is qualified. Placement in the range of the new classification is subject to District management's discretion. 30.3 The District will continue to pay the license renewals and physical examination costs of Class A& B licenses that are specifically required by the District. OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 19 ARTICLE 31. - LAYOFF PROCEDURE 31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. 31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002. 31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and recall lists shall be developed based upon job classification, priority of function,job performance, individual qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification in writing,whenever possible. 31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five (5)days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower level classification. 31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the inverse order of layoff, so that the last person laid off is the first recalled.When a vacancy occurs in a classification for which a Recall list exists,an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the offer shall be made to the next person on the list. An individual who either does not respond or refuses three consecutive offers shall have their name removed from the list. 31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted. ARTICLE 32. - LIGHT DUTY 32.1 An employee who is released by a physician to perform limited duties because of a temporary disability may be assigned to light duty at the discretion of the District. Light duty may consist of duties other than those normally performed by the employee and that are within the employee's medical restrictions.An employee assigned to light duty will be paid the regular wage rate for the job classification to which he or she was assigned prior to being temporarily disabled. ARTICLE 33. - MEDICAL EXAMINATION 33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers their own health or safety, or that of others,the District may require that employee to be examined or evaluated by a health care provider. The purpose of such examination must be job related. Any examination under this provision shall be conducted on District time and at District expense. An employee may submit an independent medical opinion regarding the individual's condition and addressing his or her ability to competently perform the duties of the position. This information shall be reviewed and considered by a competent medical authority in arriving at a decision regarding the individual's continued employment in the position. ARTICLE 34. - MILEAGE ALLOWANCE 34.1 Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate. ARTICLE 35. -ACTING PAY 35.1 Employees who are assigned by District management to perform the duties of a position at a higher level for a period of at least eighty(80)consecutive hours shall be eligible for a one step salary increase, or the OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 20 first step of the range for the higher level classification,whichever is greater.The higher rate of pay begins with the hour eighty-one(81),and continues until the assignment ends or the six(6)month limitation has been reached at which time a determination will be made as to whether the position should or should not be posted. Requests for acting pay require the approval of the Department Director and the Director of Human Resources, or designee. The eighty(80)hour eligibility period may be waived at the discretion of the General Manager. ARTICLE 36. (This Article intentionally left blank.) ARTICLE 37. - PERSONNEL FILES 37.1 Employees have the right to inspect their personnel file in the Human Resources Department during the normal office hours of the Human Resources Department, by appointment. Employees who wish to correct allegedly erroneous information in their file, or request that items related to disciplinary matters be removed after the indicated time period has elapsed, should submit a request in writing to the Director of Human Resources, or designee. It is the responsibility of each employee to keep the personal information in his or her file current, including home address, telephone number and person to contact in an emergency. ARTICLE 38. - BULLETIN BOARDS 38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2,which are designated for use by employee groups to post notices to District employees, provided that: (a) no controversial matter which is critical of or derogatory to the District, its employees, officers or Directors may be posted; (b) nothing posted by the District may be removed; (c)the OCEA shall remove its notices after a reasonable length of time; and (d)only a reasonable number of notices shall be posted. ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS 39.1 A maximum of three(3)employees covered by this Agreement and appointed by the OCEA shall be granted reasonable release time for attending meet and confer sessions at the bargaining table. Release time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of work. 39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees requiring meet and confer release time in advance of the meet and confer session. The release time shall be granted provided that the needs of the District permits the time away from assigned work. ARTICLE 40. - USE OF DISTRICT FACILITIES 40.1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or designee,for the purpose of holding meetings,to the extent that such use does not interfere with normal District operations. The OCEA agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1 The District and the OCEA acknowledge that during the negotiations,which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects within the scope of representation. Therefore,the District and the OCEA, for the term of this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter contained in this Agreement. OCEA—Technical Services MOU July 1, 201644 to June 30, 201936 Page 21 ARTICLE 42. - IMPASSE PROCEDURES 42.1 If either the District or OCEA declares that an impasse exists in the meet and confer process, the party so declaring may initiate the impasse procedure by providing the other party with a written request for an impasse meeting,together with a statement of its position on all issues. An impasse meeting shall be scheduled and held between the parties within fourteen (14)calendar days or as soon as practicable to: 42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding, and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined herein. 43.3 Impasse Procedures are: 43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. 43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation,the parties may agree to submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other mutually incurred costs shall be mutually shared by the District and OCEA. 43.3.3 Board Actions: If the parties fail to resolve the impasse,the dispute shall be sent to the District's Board of Directors for resolution. Each party shall submit its written proposal on all issues to the Board. The Board may take such action to resolve the impasse as it deems appropriate to the public interest. Any action taken by the Board to resolve the impasse shall be final and binding. ARTICLE 43. - SEVERABILITY 43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection of this Agreement shall be declared invalid by any court or by any state or federal law or regulation, or should a decision by any court or any state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the District,the District and OCEA shall meet and confer on the affected article, section or subsection. In such event, all other articles, sections or subsections of this Agreement not affected shall continue in full force and effect. ARTICLE 44. - UNIFORMS 44.1 The District shall provide and maintain ten (10) uniform pants and shirts,which may include the name of the employee and District's seal, at no cost to employees whose duties require that they wear uniforms. The District will also provide lab coats as required by the lab manager. 44.2 All employees who are issued uniforms must wear them during the performance of their regular duties. Other clothing appropriate to the occasion, as determined by District management, may be worn when attending business meetings. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary action. ARTICLE 45. - SUBSTANCE ABUSE POLICY 45.1 The District's Substance Abuse Policy will apply to all unit members. The District may adopt or implement rules, regulations and policies to be in compliance with federal and state laws. In such cases, notification will be provided to the bargaining unit prior to implementation. 45.2 Department of Transportation (DOT) Regulations 45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver's license requirements of the Department of Transportation, Federal Highway Administration CFR Part 382 is subject to the District's Anti-Drug and Alcohol Program. The District will ensure that all alcohol or controlled substances testing conducted under OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 22 the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part 40. 45.3 District's Substance Abuse Policv 45.3.1 Any employee may be subject to discipline, up to and including termination,for any alcohol screen test that indicates an alcohol concentration level of 0.02% or greater. ARTICLE 46. - DUES DEDUCTIONS 46.1 The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations must be fled by the end of the pay period prior to the period for which the deduction is requested. 46.2 The District shall provide the OCEA a quarterly list of the names of those employees for whom it has made deductions. In addition, the District shall provide the names and addresses of new employees and the names of employees who have terminated within the previous quarter. ARTICLE 47. (This Article intentionally left blank) ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES 48.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are in progress or recommendations resulting from such procedures are being considered by the parties,the District agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor encourage employees to refrain in whole or in part from the full,faithful and proper performance of their duties of employment. ARTICLE 49. (This Article intentionally left blank) ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY 50.1 The District's Workplace Violence and Weapons Policy will apply to all unit members. ARTICLE 51. - RESIGNATION 51.1 Voluntary written termination of employment with the District is irrevocable after seventy-two(72)hours from the receipt of the resignation, except by approval of the Director of Human Resources, or designee. ARTICLE 52. (This Article intentionally left blank) ARTICLE 53. - LABOR MANAGEMENT COMMITTEE 53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District(OCSD) hereby agree to meet within two(2)months from the OCSD Board approval of this MOU to discuss the structure and process of a Labor Management Committee at OCSD.Absent mutual agreement regarding the structure and process of a Labor Management Committee,the parties will defer discussions to the time when a successor MOU is raised. OCEA—Technical Services MOU July 1, 201644 to June 30, 201936 Page 23 SIGNATURE PAGE 201644—201916 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE TECHNICAL SERVICES UNIT Executed: OCEA TECHNICAL SERVICES UNIT ORANGE COUNTY SANITATION DISTRICT So Gutierrez, Labor Relations Representative S'^ '^f^ Laura Kaltv, Chief Negotiator Dean Carrico, SOURGe Joe James Herb^.^ General Manag^.Celia Vallone, Information Technology Technician II Chandler. Director of Human Resources Bryce Dragan, Source Control Inspector II Robert P. Gh4re" , Ass stant General ManagerAndrew Nau. Principal Human Resources Analyst ARdFew Nau, Pr no pal Human Rego -rose AnaWl-aura Maravilla. Human Resources Supervisor AnalystJanine Aguilar, Principal Human Resources Analyst Laurie Klinger, Senior Human Resources Analyst OCEA—Technical Services MOU July 1, 201644 to June 30, 201946 Page 24 Exhibit A TCru\ rn eCRVICES UNIT Effective Effective pal, 74-du1-14 76-du1-15 ClassiNoaHen Gratle MIN MAX MIN MAY Data Management 75 $40.45 $49-17 $4126 $50.15 Seu Fee-Contra'-InsaeNer11 33 $38.48 $46•Z9 $39..26 $47 72 Data Management Teshn a an74 $36..63 $4442 $37.36 $45.41 source Contra'InsaesteN 69 $34.89 $42.11 $35..5s $43.26 65 $31.60 $38..40 $32.23 $39A Fry iwaneMaFTachneiaa 61 $28.62 $34.7 $29.19 $35.49 64 $2862 $3479 $29.19 $3549 I abonate"-66'Ha. 57 $25-94 $34 54 $26.46 $32.4 TECHNICAL SERVICES UNIT Effective Effective Effective Pev 84u'-16 74u'-17 64u'-18 Classification Grade MIN MAX MIN MAX MIN MAX Data Management Technician 11 75 $4Z29 $51.40 $43.35 $52.69 544.4 $54.01 Source Central'nsoector II 73 UU $48.92 S41.24 50.14 S42.27 51.39 Data Management Technician' 71 38.29 $46.55 $39.25 7.71 S40.23 8.90 Source Control Inspector 1 69 36A S44.34 $37.39 AS $38.32 46_59 Information Technology 65 $33.04 $40.15 $33.87 1.15 $34.72 2.18 Technician II Environmental Technician 61 2$ 9.92 36.38 $30.67 37.29 $31.44 38.22 Information Technology 61 $29.92 36.38 $30.67 37.29 $31.44 38.22 Technician Laboratory Assistant 57 2Z12 1 122.97 127.80 1 133.79 1 128.50 1 jM63 OCEA-Technical Services MOU July 1, 201644 to June 30, 201946 Page 25 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE ENGINEERING UNIT July 1 , 201644 through June 30, 201946 TABLE OF CONTENTS ARTICLE 1. -RECOGNITION.................................................................................................................................1 ARTICLE2. -DURATION.......................................................................................................................................1 ARTICLE 3.-SUCCESSOR AGREEMENT...........................................................................................................1 ARTICLE 4.-OCEA ACCESS................................................................................................................................1 ARTICLE 5.-OCEA RIGHTS.................................................................................................................................2 ARTICLE 6.-DISTRICT RIGHTS..........................................................................................................................2 ARTICLE 7.-NONDISCRIMINATION IN EMPLOYMENT.....................................................................................2 ARTICLE S.-SMOKE-FREE WORK ENVIRONMENT..........................................................................................2 ARTICLE9.-SAFETY............................................................................................................................................2 ARTICLE 10. -DISCIPLINE AND DISMISSAL......................................................................................................3 ARTICLE 11. -GRIEVANCE PROCEDURE...........................................................................................................4 ARTICLE 12. -PROBLEM SOLVING PROCEDURE.............................................................................................5 ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION......................................................................5 ARTICLE 14. -SEVERANCE PAY.........................................................................................................................7 ARTICLE 15. -DEFERRED COMPENSATION......................................................................................................7 ARTICLE 16. -HOLIDAYS......................................................................................................................................7 ARTICLE17.-HOURS OF WORK........................................................................................................................8 ARTICLE 18. -CALL-BACK PAY..........................................................................................................................8 ARTICLE 19. -STANDBY PAY..............................................................................................................................8 ARTICLE20.-INSURANCE..................................................................................................................................8 20.4 MEDICAL INSURANCE...............................................................................................................................8 20.5 LIFE INSURANCE......................................................................................................................................9 20.6 SHORT TERM DISABILITY..........................................................................................................................9 20.7 LONG TERM DISABILITY............................................................................................................................9 20.8 DENTAL INSURANCE.................................................................................................................................9 20.9 VISION INSURANCE ..................................................................................................................................9 20.10 RETIRING EMPLOYEES.............................................................................................................................9 ARTICLE 21. -REIMBURSEMENT ACCOUNT...................................................................................................10 21.2 GROUP INSURANCE PREMIUMS...............................................................................................................10 21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT............................................................................................10 21.4 DEPENDENT CARE ASSISTANCE ACCOUNT..............................................................................................10 ARTICLE22. -OVERTIME...................................................................................................................................10 ARTICLE 23. -PROBATIONARY PERIOD..........................................................................................................11 ARTICLE24. -PROMOTIONS..............................................................................................................................11 ARTICLE 25. -RETIREMENT...............................................................................................................................11 ARTICLE 26. -SHIFT DIFFERENTIAL.................................................................................................................12 ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY..............................................................................................12 27.1 VACATION LEAVE...................................................................................................................................12 27.2 SICK LEAVE...........................................................................................................................................12 27.3 JURY DUTY LEAVE.................................................................................................................................14 27.4 WITNESS LEAVE....................................................................................................................................14 27.5 MILITARY LEAVE....................................................................................................................................14 27.6 BEREAVEMENT LEAVE............................................................................................................................14 27.7 SUPPLEMENTAL LEAVE...........................................................................................................................15 ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY.......................................................................................15 28.3 SUBSTITUTION OF PAID LEAVE................................................................................................................16 28.4 PERMISSIBLE USES................................................................................................................................16 28.5 GENERAL LEAVE....................................................................................................................................17 28.6 RETURN TO WORK POLICY.....................................................................................................................17 28.7 COMPLIANCE WITH LAW.........................................................................................................................18 ARTICLE 29. -CLASSIFICATION STUDIES.......................................................................................................18 ARTICLE 30. -DRIVER'S LICENSE.....................................................................................................................19 ARTICLE 31. -LAYOFF PROCEDURE................................................................................................................19 ARTICLE 32. -LIGHT DUTY.................................................................................................................................20 ARTICLE 33. -MEDICAL EXAMINATION ...........................................................................................................20 ARTICLE 34. -MILEAGE ALLOWANCE.............................................................................................................20 ARTICLE 35. -ACTING PAY................................................................................................................................20 ARTICLE36...........................................................................................................................................................20 OCEA-Engineering MOU July 1, 2014 to June 30, 2016 Pagei ARTICLE 37. -PERSONNEL FILES ....................................................................................................................20 ARTICLE 38.—BULLETIN BOARDS...................................................................................................................21 ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS...........................................................21 ARTICLE 40. -USE OF DISTRICT FACILITIES..................................................................................................21 ARTICLE 41. -SCOPE OF BARGAINING...........................................................................................................21 ARTICLE 42. -IMPASSE PROCEDURES...........................................................................................................21 ARTICLE 43. -SEVERABILITY............................................................................................................................22 ARTICLE 44. -UNIFORMS...................................................................................................................................22 ARTICLE 45. -SUBSTANCE ABUSE POLICY....................................................................................................22 ARTICLE 46. -DUES DEDUCTIONS...................................................................................................................22 ARTICLE47...........................................................................................................................................................22 ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES.................................................................................23 ARTICLE49...........................................................................................................................................................23 ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................23 ARTICLE 51. -RESIGNATION.............................................................................................................................23 ARTICLE52...........................................................................................................................................................23 ARTICLE 53. -LABOR MANAGEMENT COMMITTEE.........................................................................23 SIGNATUREPAGE...............................................................................................................................................24 EXHIBITA.............................................................................................................................................................25 OCEA—Engineering MOU July 1, 201644 to June 30, 201936 Page ii MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE ENGINEERING UNIT In accordance with the provisions of California Government Code Sections 3500, at seq., and Resolution No. 75-127 of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with representatives of the Orange County Employees Association (OCEA)for the Engineering Unit.These meetings have resulted in an agreement and understanding to recommend that the employees represented by OCEA accept these terms and conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages, hours,and conditions of employment for the employees represented by OCEA as set forth in this Agreement. ARTICLE 1. - RECOGNITION 1.1 This Agreement, effective July 1, 201644, is entered into between the Orange County Sanitation District, referred to hereinafter as the"District,"and the Orange County Employees Association, referred to hereinafter as"OCEA." 1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee organization for matters within the scope of representation for the following classifications, as set forth in Exhibit"A" (attached hereto and incorporated by reference), as well as additional classes as may be added hereafter by the District. ARTICLE 2. - DURATION 2.1 This Agreement shall be binding on the District and OCEA when approved and adopted by the District's Board of Directors. This Agreement shall terminate on June 30, 20194S.This Agreement shall act as a bar to the raising of the question of representation during its term, except that the question of representation may be raised during the period between sixty(60)and ninety(90)days prior to its expiration. ARTICLE 3. - SUCCESSOR AGREEMENT 3.1 The Group shall submit in writing its initial proposal for a successor agreement 60�prior to the expiration date of this Agreement. ARTICLE 4. - OCEA ACCESS 4.1 An OCEA Representative shall have access to the District's facilities during working hours for the purpose of assisting Unit employees in processing grievances or investigating matters arising out of the application of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in advance from the Director of Human Resources,or designee. 4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who are authorized to request access under this article, and shall notify the Director of any changes in that list. 4.3 OCEA access shall not interfere with the District's operations,or with the work of employees in any manner. The District reserves the right to restrict access in certain areas designated as confidential or secure. OCEA—Engineering MOU July 1,20164-4 to June 30, 20194& Page 1 ARTICLE 5. - OCEA RIGHTS 5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement. The OCEA shall furnish the Director of Human Resources, or designee with the names of employees selected as representatives and shall update the list as necessary. An alternate representative may be designated to act in the absence of the regular representative. Employees not listed on the roster of representatives provided to the District by the OCEA may not act as representatives. 5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA activity. ARTICLE 6. - DISTRICT RIGHTS 6.1 District inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to the District in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. District rights include, but are not limited to, the exclusive right to consider the merits, necessity or organization of any service or activity provided by law, or administrative order; determine the mission of its constituent departments, commissions and boards;set standards of service, determine the procedures and standards of selection for employment and promotion; establish and implement performance standards; direct its employees; take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of funds; maintain the efficiency of District operations; determine the methods, means and personnel by which District operations are to be conducted;determine the content of job classifications; classify and reclassify positions; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 6.2 District retains all authority and rights conferred on it by law, or other legal sources, except to the extent that such authority is explicitly waived by the express terms of this agreement. District exercise of its management rights hereunder shall not be subject to appeal or meeting and conferring, however,that the exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical consequences or impacts that District decisions have on wages, hours, and other terms and conditions of employment. ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT 7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard to actual or perceived race, color, religion, national origin, ancestry, sex, gender, sender identity, gender expression, sexual orientation, age. physical or mental disability, medical condition, genetic information, marital status, or 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 shall be applied to all members of the unit without regard to any protected classificationmar tal status, hand Gap, med Gal Gond t on, status ARTICLE B. - SMOKE-FREE WORK ENVIRONMENT 6.1 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 I"vaping"1 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. OCEA shall cooperate by encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements OCEA—Engineering MOU July 1, 201644 to June 30, 201936 Page 2 of the District, and to report any unsafe practices or conditions to their immediate supervisors. An employee shall not be required to perform work that is unsafe. ARTICLE 10. - DISCIPLINE AND DISMISSAL 10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit:verbal reprimand, written reprimand, suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee's last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail,which shall be the date of issuance. 10.5 The Notice of Intent shall contain the following: (1)a description of the disciplinary action intended and the effective date of the action; (2)the reasons for the proposed action;(3)a copy of the charges and materials upon which the action is based; and, (4)a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District management representative with authority to make an effective recommendation on the proposed action,the person to whom any response must be directed, and the fact that such response must be received within ten If 0)business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response,the District shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District's Personnel Policies& Procedures Manual. 10.7 Dismissal shall be preceded by at least one(1)written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol,theft or misappropriation of District property or funds,fighting on the job, insubordination,acts endangering people or property,or other serious misconduct. The District may substitute documented suspensions without pay for written reprimands. 10.8 If a Notice of Intent is upheld and the disciplinary action is imposed,the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions,the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources Department. Documentation regarding verbal and written reprimands may be removed from an employee's personnel file twenty-four(24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 3 designee, agrees to remove disciplinary action documentation from an employee's personnel file, such documentation shall be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the District's proposed discipline. 10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, "bumping' associated with layoffs, reasonable accommodation)shall not be considered discipline. ARTICLE 11. - GRIEVANCE PROCEDURE 11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed under this Grievance Procedure. 11.2 A grievance may be brought to the attention of the District by an individual employee within the Unit or by the OCEA. The District may not bring a grievance through this procedure. Grievances brought by two(2) or more employees,and concerning the same incident, issue,or course of conduct, or multiple grievances brought by the same employee may, upon mutual agreement of the District and the OCEA, be consolidated for the purposes of this procedure. 11.3 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 the OCEA at all steps of the Grievance Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article implies business days. 11.34.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or designee within ten 10 five45)days of the occurrence of the event giving rise to the complaint, or within ten 10 fve{5)days from the time that the employee became aware of such event. The supervisor, or designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to the employee within ten 10 five45)days. 11.24.2 Sleo 2. If the grievance is not settled at Step 1, it maybe 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 flve(5)days of the conclusion of Step 1. A copy of each written communication on a grievance will be filed with the Director of Human Resources,or designee.The written grievance must: a) Identify the specific management act to be reviewed; b) Specify how the employee was adversely affected; c) List the specific provisions of the MOU that were allegedly violated and state how they were violated; d) Specify the remedy requested; and e) Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. 11.34.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 4 11.34.3 Step 3. If a grievance is not settled under Step 1 or 2, it maybe presented to the employee's Department Director, or designee, for review and written response. The request for formal review must be presented on a form provided by the District within five (5)days of the conclusion of Step 1 or 2, and must contain the information specified in Step 2 above. A copy of each written communication on a grievance will be filed with the Director of Human Resources, or designee. The employee's Department Director,or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. 11.34.4 SIeD 4. If the grievance cannot be resolved under Step 3, it maybe presented to an Assistant General Manager, or designee, within five(5)days from the dale the Step 3 finding was issued. The Assistant General Manager, or designee, shall respond in writing to the employee within ten (10)days after the date the grievance is received. 11.34.5 Step 5. Appeal to the General Manager,or designee, is the final step in the Grievance Procedure. If the grievance cannot be resolved under Step 4, it may be presented to the General Manager,or designee,within five(5)days from the date the Step 4 finding was issued.The General Manager, or designee, shall respond in writing to the employee within ten (10)days after the date of the grievance is received. 11.45 General Provisions: An employee shall be given reasonable time off without loss of pay to present and process a grievance. If an employee is represented by the OCEA,the OCEA may designate one employee to present and process the grievance. The employee representative shall be given reasonable time off without loss of pay to perform this responsibility. Absence from work shall be approved only if it does not cause disruption to District operations. However, if the time requested cannot be provided, an alternate time shall be arranged. 11.45.1 Failure of a management representative to respond within the appropriate time limit shall provide a basis for the employee appealing to the next step. If a grievance is not presented or appealed within the time limits, it shall be considered resolved on the basis of the preceding response.The Director of Human Resources,or designee, may be petitioned in writing to waive the step or time requirements provided sufficient cause exists. 11.45.2 Resolution maybe agreed upon at any stage of the grievance process. However,the OCEA shall be notified prior to the resolution of any formal grievance matter. ARTICLE 12. - PROBLEM SOLVING PROCEDURE 12.1 Employees may bring problems to the attention of District managers through the Problem Solving Procedure. This Procedure was developed to encourage and facilitate the resolution of employee concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be subjected to the Grievance Procedure.Any reference to days in this article implies business days. 12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon as possible. The supervisor shall review the situation or decision, and provide a written response within five days from the date they were notified of the problem. 12.3 If the problem is not resolved to the employee's satisfaction,the employee may file a written statement concerning the problem with the Director of Human Resources, or designee, within ten (10)days of receipt of the supervisor's decision. Upon request of either party,a meeting shall be held to define issues and establish the remedies sought. The employee shall be provided a written response within ten (10)days after his or her statement is received. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the Director of Human Resources, or designee, is final. ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION 13.1 Each pay grade is divided into five (5)steps,with an approximate 5.0%difference between each step. 13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective after the date of implementation. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 5 13.3 Merit Pay 13.3.1 Step Increase Pa v—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: 13.3.1.1 Eligible-Employees must have a proficient year-end performance appraisal to receive a one(1)step base-building salary increase until earning placement at step five (5). 13.3.1.2 Ineligible- Employees who are placed on a Performance Improvement Plan (PIP)due to a needs improvement performance review on the year-end appraisal or who are on a PIP at the time of the year-end appraisal period will remain at their current step until the PIP is satisfactorily completed. 13.3.1.3 Performance Management Program: The performance management program includes three(3)rating categories (exceeds, proficient, needs improvement)for performance appraisals. 13.3.2 Development Pav—Employees under this Agreement will be eligible for Development Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum amount each pay period. Employees must have a proficient year-end performance appraisal to be eligible for the following Development Pay types: • Education—Eligible employees who obtain or who have obtained a degree of approved subjects at an accredited college or university will receive$20.76 per pay period for an associate degree and $41.53 per pay period for an undergraduate degree. The maximum amount of Education pay is fixed at$41.53 per pay period. • Certification/License—Eligible employees who obtain or who have obtained a District approved certification or license will receive$7.62 per pay period per certificate or license with a maximum of three(3)certificates and/or licenses. The maximum amount of certification/license pay for any combination of certificates and/or licenses is fixed at$22.86 per pay period. 13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is fixed at$64.39 per pay period. 13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review on the year-end performance appraisal are not eligible for Development Pay until the PIP is satisfactorily completed. 13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside the year-end appraisal will have all Development Pay suspended until the PIP is satisfactorily completed. The return of Development Pay will not be retroactive. 13.4 Salary Range Adjustments 13.4.1 Effective the first pay period in July 201644, employees under this Agreement will receive salary range adjustments at a flat rate of 2_529%. 13.4.2 Effective the first pay period in July 201715, employees under this Agreement will receive salary range adjustments at a flat rate of 2.52.0%. 13.4.3 Effective the first pay period in July 2018 employees under this Agreement will receive salary range adjustments at a flat rate of 2.5%. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 6 ARTICLE 14. - SEVERANCE PAY 14.1 Employees are expected to give a minimum of two(2)weeks written notification when terminating employment with the District. Except for disciplinary cause,when a full-time employee is terminated by action of the District,the employee shall be notified in writing two (2)weeks prior to the effective separation date. In the event the District does not give such notification,the employee shall be entitled to severance pay in accordance with the formula set forth below: 14.1.1 Full-time, regular employees shall be entitled to eight(8) hours pay for each full calendar month of continuous employment not to exceed one hundred sixty(160)hours pay. 14.1.2 Employees in limited term or part-time positions, probationary employees and employees who are separated for cause, are not eligible for severance pay under any circumstances. ARTICLE 15. - DEFERRED COMPENSATION 15.1 Employees may participate in the District's approved deferred compensation plan subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by District management. ARTICLE 16. - HOLIDAYS 16.1 The days listed below are observed by the District as holidays. Employees will receive holiday pay if their entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status, meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts.When an employee's work schedule requires that they work on an observed holiday,the employee will be paid at the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and one half(1.5)times their regular hourly rate for all hours actually worked. Employees may also elect to receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay.When a holiday occurs on an employee's regular scheduled day off,the employee will accrue compensatory time off for the amount of hours normally scheduled for that day Employees with a compensatory time off balance in excess of fifty(50) hours as of the last pay period ending in October will receive a mandatory payout for the hours that exceed fifty(50). HOLIDAY New Year's Day Lincoln's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday' 16.2 Employees may elect one(1)day during each year as a "Floating Holiday'. New employees shall be granted a"Floating Holiday"on a pro rate basis in the first calendar year of service per the following table: OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 7 Hire Date Percent 1 r Quarter(January-March) 100% 2n0 Quarter(April-June) 75% V Quarter(July-September) 50% 4'h Quarter(October-December) 0 16.3 Employees must use the"Floating Holiday"within the year it is granted. Every effort will be made to approve an employee's request for a"Floating Holiday"off providing sufficient notice is given. ARTICLE 17. — HOURS OF WORK 17.1 For record keeping and accounting purposes,the"workweek"for full-time employees is 40 hours per 168- hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour days each workweek(10/80), four 10-hour days each workweek(8/80), or three 12-hour days and one 4- hour day each workweek(7180). The starting and ending times of individual employees'workweeks may vary. 17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified that their hours had been changed, he or she shall receive two hours pay at the overtime rate. 17.3 The District may, at its sole discretion, change an employee's work schedule with thirty(30)days written notice to the affected employee. ARTICLE 18. - CALL-BACK PAY 18.1 When an employee is called back to work by District management without prior notice, and the employee has completed his or her normal work shift and left the work station, or when prior notice is given but the work begins on the same day at least three hours after completion of the regular shift,the employee shall receive a minimum of three hours of call back pay. The three hours minimum,whether or not actually worked,shall be paid at the rate of one and one half times the regular hourly rate. Employees who are called back a second time within a normal shift period are considered to be working for the duration of that shift. ARTICLE 19. - STANDBY PAY 19.1 Standby is time during which an employee is not required to be at the work location or at the employee's residence but is required to be available for immediate return to work. Standby assignments shall first be made on a voluntary basis. A volunteer standby list shall be established by classification and job location. Standby assignments shall be made from the list of employees who are competent and experienced, in alphabetical order,on a rotating basis. In the event that no one volunteers,the District shall assign standby by job classification and work location from employees who are competent and experienced on a rotational basis.An employee placed on standby shall be compensated at the rate of three hundred forty- five(345)dollars per week,and shall receive Call Back pay when they are actually called to work. ARTICLE 20. — INSURANCE 20.1 The District will provide healthcare and welfare insurance benefits. 20.2 All insurance coverage shall become effective on the first day of the month following date of hire, regardless of hire date. An open enrollment period shall be held annually. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 8 follow ng rat f Gat on to d sn -qq the bans t on frnm Anthem to Blue Sh eld through Cal fern A State Aqqnn at on of Cn-mil as Excess insuranGe Author ty(GSAC FIA), or to another Garr er d reGfly, and var ad plan des gn changes n order to m t gate exc se taxat on n 2018 Potent al strateg as fe Gans derat an ndude, but are not 1 m ted to, the follow ng: plan des gn changes to off Ge and speG al st GOPaYS, emergency room Gapays, plan deduct bles and GontFbut on rates; and alternatve plan offer Ags Such as a h gh deduct ble health plan w th health savings account fund ng. 3.2 The part as agree that any reGpener shall be subject to Government Code ReGt on 3505 4 and . case law, nclud'nn PERB dad d onn .6'n6 'ntn t that n.n.'n 20.43 Medical Insurance 20.43.1 The District will provide medical health insurance coverage through a Health Maintenance Organization (HMO)medical insurance plan and a Preferred Provider Organization (PPO) medical insurance plan' S •ah t'me that the paFt s agree tG GhaagBS4hF9ug,the medical reopeneNe SeGiea-29.a'. 20.43.2 Reaular.full-time employees: 20.43.2.1 The District shall contribute 90%of employee only premiums for the HMO medical health plan and 80%of employee only premiums for the PPO medical health plan. The District will contribute 80%of the employee+1 dependent and full family premiums for the HMO and PPO medical plans.Any change in insurance rates shall be shared equally in same ratio as the District and employees currently pay premiums. Before the renewal of any District's sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.3.3 The District may reopen negotiations at anytime 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. 20.54 Life Insurance The District shall pay the full premium for$50,000 tens life insurance on each employee. 20.55 Short Term Disability The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for employees equal to California's State Disability Insurance(SDI)program for up to twenty-six(26)weeks following a fourteen (14)calendar day waiting period. 20.76 Lora Term Disability 20.76.1 The District shall provide a non-work related, long-term disability indemnity plan that pays two- thirds of the employee's rate of pay in effect at the time of such disability, not to exceed $5,000 per month, up to age 65, following a 90-day waiting period of continuous disability,at such time that an employee completes five (5)years of service. 20.76.2 For participants age 64 and younger, the maximum period of payment is based on the Social Security Act retirement age of 65. For participants age 65 and older, the maximum period of payment is specified. The specified periods and additional information about coverage is included in the District's long-term disability plan contract accession on the intranet. 20.76.3 No combination of disability or sick leave pay shall result in more than an employee's regular rate of pay. Employees may not receive short-term and long-term disability benefits at the same time.An employee who is otherwise not eligible for District paid Long Term Disability may purchase such coverage at his or her own expense. OCEA—Engineering MOU July 1, 201644 to June 30, 201936 Page 9 20.97 Dental Insurance The District will contribute 80%of employee only and 80%of full family premiums for dental insurance. 20.98 Vision Insurance The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents. 20.199 Retiring Employees 20.499.1 The District shall pay,for employees hired prior to July 1, 1988, two and one-half(2.5)months' premium for each year of continuous service of a retiring employee towards the premium costs of coverage for the employee and eligible dependents under the District's medical plan. 20.499.2 In the event the District adds additional optional insurance plans, the District's share of the premium shall be the same as for existing plans as set forth above. In the event the District changes underwriters for existing insurance plans, the District's share of the premium shall be the same as for existing insurance plans as set forth above. 20.409.3 The District will continue to implement the retiree medical health premium offset program wherein the cost of health premiums are offset by$10 per month for every year of continuous service up to a maximum of 25 years or$250 per month. Employees hired on or after August 1, 2011 shall not be eligible for the retiree medical health premium offset. ARTICLE 21. - REIMBURSEMENT ACCOUNT 21.1 Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion of the cost of benefits under the Plan through salary redirection arrangements. The options available under the flexible benefits program are listed below. This is a brief overview of the different options. For complete information regarding Flexible Spending Accounts, employees must refer to the plan booklet available in the Human Resources Department. 21.2 Group Insurance Premiums Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis. 21.3 Medical Care Reimbursement Account The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of reimbursing himself or herself for payment of health care costs not otherwise covered by his or her medical insurance. 21.4 Dependent Care Assistance Account The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of reimbursing himself or herself for childcare expenses or day care for a disabled dependent. ARTICLE 22. - OVERTIME 22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or additional work. The District may require the performance of overtime. In the event no qualified employee wishes to work overtime, District's management may select employees with the ability to perform the work by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based upon an employee's ability to perform the overtime work. 22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted as time worked. Pay for overtime time shall not occur until after actual work time of forty(40)hours in a seven (7)day workweek is reached. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 10 ARTICLE 23. - PROBATIONARY PERIOD 23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at least the first day of the pay period following six monthst•e �..�eks of employment without a break in service. Extended absence without pay, short-term and long-term disability and Workers' Compensation leave does not provide an opportunity to judge an employees'capability to meet performance expectations for a position, and thus the time spent on such leaves shall not be included towards completion of the probationary period and may result in an extension. 23.2 Employees who are rehired following a break in service must complete a new probationary period whether or not one was previously completed. An employee may be released during his or her Probationary Period at the discretion of the District without recourse to the Grievance Procedure. 23.3 Employees who are reassigned or laterally transferred will serve a probationary period of sic monthst•--�ecs. The"probationary period"shall not divest an employee of his/her property rights in his/her former position. Rejection of probation during this period shall result in the employee reverting to his/her former assignment and/or position. ARTICLE 24. - PROMOTIONS 24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of pay.The District will determine whether a vacant position shall be filled as an open or promotional opportunity or recruitment.Whenever the District intends to fill a position by promotion,the District shall post the opportunity for a minimum often(10)business days. Employees must apply during the period of posting. Notices shall be posted on the District's intranet. 24.2 A promoted employee shall serve a promotional probationary period lasting at least until the first day of the pay period six monthst•�eks after the effective date of the promotion. At any time during the promotional probationary period, an employee may be returned to his or her previous position. The promotional probation period may be extended by mutual agreement between the employee and District's management for up to ninety(90)days. If an employee is promoted during his or her initial probationary period,the period shall be extended until at least the first day of the pay period six months&) weeks after the effective date of the promotion. 24.3 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the range for the new classification or the minimum rate of the new classification whichever is greater. ARTICLE 25. - RETIREMENT 25.1 The District shall continue participation in the Orange County Employees Retirement System (OCERS), wherein all full-time employees are considered members. The following retirement program is in effect pursuant to the contract between OCERS and the District. 25.1.1 Employees hired before September 21, 1979: The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula(Plan G) based on the highest consecutive twelve(12) months average earnings, past and future service. 25.1.1.1 The District will continue to pay 4.5% toward the employee's contribution to OCERS for those employees who elected to make a one-time decision to remain in the Plan G program. 25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011:The District will continue to contract with OCERS to provide the 2.5%@ 55 benefit formula(Plan H)based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.2.1 The District will continue to pay 3.5% of an eligible employee's base salary toward the employee's contributions to OCERS. OCEA—Engineering MOU July 1, 201644 to June 30, 2019449 Page 11 25.1.3 Employees hired on or after August 1, 2011 and before January 1,2013: The District will contract with OCERS to provide the 1.667% @ 57.5 benefit formula(Plan B)based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.3.1 The District will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.1.4 Employees hired on or after January 1, 2013: The District will contract with OCERS to provide the 2.5% @ 67 benefit formula (Plan U- PEPRA)based on the highest consecutive thirty-six(36) months average earnings, past and future service. 25.1.4.1 The District will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. 25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross salary for taxation purposes in accordance with Internal Revenue Code provisions. ARTICLE 26. - SHIFT DIFFERENTIAL 26.1 Employees who are regularly assigned to work a night shift that consists of 50%or more of their hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall receive a shift differential of$2.50 per hour. ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY 27.1 Vacation Leave 27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with the first day of employment, in accordance with the following schedule: Years of Service Hours-Biweekly Hours-Annual In years 0 through 1 3.08 80 In years 2 through 4 3.08 80 In years 5 through 10 4.62 120 In year 11 4.93 128 In year 12 5.24 136 In year 13 5.54 144 In year 14 5.85 152 In year 15 6.16 160 In year 16 6.46 168 In year 17 6.77 176 In year 18 7.08 184 In year 19 7.39 192 In year 20 and over 7.69 200 27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy. 27.1.3 Vacation leave begins after an employee has completed twenty-six (26)weeks of continuous service. After the individual's first twenty-six(26)weeks of service, his or her account will be credited with 40 hours.After that time, he or she will accrue vacation hours consistent with the above chart.Vacation leave may only be utilized in increments of one-half hour or more. Vacation leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave payroll status. OCEA—Engineering MOU July 1, 201644 to June 30, 20194@ Page 12 27.1.4 When unpaid absences occur,vacation leave accruals will be applied by straight proration of leave accruals based on the number of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 27.1.5 Employees may have a maximum accumulation of 200 hours as of the last day of the final pay period in December of each year. In the event an employee accrues vacation leave in excess of 200 hours, it must be used prior to said December date, all other remaining hours in excess of 200 will be paid to the employee in the first pay period in January at the employee's then current hourly rate of compensation. 27.2 Sick Leave 27.2.1 Definition:Sick leave is an insurance or protection provided by the District to be granted to employees in circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right to take time off from work. Sick leave is defined as the absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to attend to the illness or injury of a family member as hereinafter defined 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). Temporary employees shall receiveaFe not ant tiedto sick leave benefits as required by State law. 27.2.2 Method-Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid sick leave at the rate of three point five(3.5) hours for each biweekly pay period of continuous service (ninety-one (91) hours per year). Full-time employees hired on or after November 27, 1981,accrue paid sick leave at the rate of three(3.0)hours for each biweekly pay period of continuous service (seventy-eight(78) hours per year), beginning with the first day of employment. 27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy. 27.2.4 When unpaid absences occur,sick leave accruals will be applied by straight proration for leave accruals based on the number of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 27.2.5 Annual Pavoff- Employees may elect annually to be paid for any unused sick leave hours accrued through the end of October at their current hourly rate according to the following payoff schedule or as specified in a Memoranda of Understanding. Accrued Sick Leave Hours Rate of Payoff 0-100 0 101-240 25 241-560 35% Over 560(mandatory) 50% 27.2.6 Employees who terminate for any reason other than retirement or death shall be compensated for any accrued and unused sick leave according to the above schedule. Employees who retire or decease with twenty(20)years or more of service shall be paid at the one hundred percent (100%) rate for all accrued and unused sick leave. Employees who retire or decease with less than twenty(20)years of service will be paid at the seventy-five percent(75%)rate for all accrued and unused sick leave. 27.2.7 Permissible Uses-Sick leave maybe applied only to: A. Absence due to illness, injury or pregnancy of an employee. B. Absence due to medical and dental office appointments of an employee when approved by the employee's supervisor. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 13 C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother, sister, husband,wife, domestic partner, child, child of domestic partner, grandparent, grandchild, legal guardian, or any family member with whom the employee resides. D_Absence due to a job-related injury. IXE. Absence related to 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). 27.2.8 General Provisions-To qualify for sick leave pay, the employee must notify the District at or in advance of the time the employee is scheduled to report for duty. Minimum charge to the employee's sick leave account shall be one-half hour and thereafter in one-half hour increments. Human Resources and department management shall be responsible for control of abuse of the sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness; however,for absences of ten consecutive working days or more, a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. Upon return to work, a written doctors release must be submitted to Human Resources. For absences of one or more working days in an unpaid status,a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. If the need for leave is due to the employee's serious health condition,as defined in the Family and Medical Leave Act("FMLA")or the California Family Rights Act("CFRA"),the certification requirement shall comply with the provisions of these Acts. 27.3 Jury Duty Leave 27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on prescribed forms, be entitled to his or her regular pay for those hours of absence due to performance of the jury duty for a period up to twenty-two(22)working days. 27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's timesheet system and provide a copy of the summons to his or her supervisor.To be entitled to receive regular pay for such jury leave, the employee must report for work at the District for time not actually retained on jury unless there is less than 1/2 of their regular shift remaining. Employees are not compensated for jury duty occurring on scheduled days off. 27.4 Witness Leave 27.4.1 Any full-time, including probationary, employee,who is required to be absent from work by a subpoena properly issued by a court, agency or commission legally empowered to subpoena witnesses,which subpoena compels his or her presence as a witness, except in a matter wherein he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an online time off request, be entitled the time necessary to comply with such subpoena, provided any fees received for such service, exclusive of mileage, are submitted to the District for deposit in the General Fund of the District. 27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and complete an online time off request form in order to be eligible for pay for such absence. To be entitled to receive regular pay for such witness leave,the employee must report for work at the District for time not actually retained on witness service of one hour or more prior to and/or upon completion of each day's service, exclusive of travel time. 27.5 Military Leave 27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human Resources Department and shall state the date when it is desired to begin the leave-of-absence OCEA—Engineering MOU July 1, 201644 to June 30, 201936 Page 14 and the date of anticipated return. A copy of the orders requiring such military service shall be submitted with the request. 27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall govern military leave. In general, current law provides that an employee having one(1)year or more service with a public entity is entitled to military leave with pay not exceeding thirty(30)days per year if the employee is engaged in military duty ordered for purposes of active military training or encampment. An employee who is required to attend scheduled service drill periods or perform other inactive duty reserve obligations is entitled to military leave without pay, not exceeding seventeen (17)calendar days per year, although the employee may, at his or her option, elect to use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive drill period obligations. Employees who participate in weekend military drill duty are not eligible for leave with pay for such activity, but may have their regular work schedule changed to accommodate the required time off. 27.6 Bereavement Leave 27.6.1 Using the online time off request system, any full-time employee,whether probationary or regular, shall receive a maximum of thirty-six(36)hours of paid time for the death or funeral of an immediate family member. Immediate family member is defined as the employee's father, step- father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister,step-sister, husband,wife,domestic partner, biological child, adopted child, step-child, child of a domestic partner, grandchild, grandparent,foster parent,foster child, legal guardian, or any family member with whom the employee resides. 27.7 Supplemental Leave 27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in accordance with the following schedule in the first pay period in July: Years of Service 5-9 10- 14 15- 19 20-24 25, Supplemental Leave Hours 5 10 15 1 20 25 27.7.3 Supplemental Leave will be administered in accordance with the following guidelines: 27.7.3.1 Supplemental Leave may be used in one-quarter(0.25)hour increments. 27.7.3.2 Any unused Supplemental Leave, within the fiscal year granted,will not be carried over to the next fiscal year. 27.7.3.4 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash out or eligible for any mandatory payout. 27.7.3.5 Employees who cease to be part of the bargaining unit for any reason will forfeit any unused Supplemental Leave. 27.7.3.6 Employees who are hired or transferred into the bargaining unit shall be granted Supplemental Leave on a pro-rata basis per the following schedule: Hire/Transfer Date Percent July—September 100% October—December 75% January—March 50% April—June 25% OCEA—Engineering MOU July 1, 201644 to June 30, 201916 Page 15 ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY 28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below, employees shall not receive compensation during an unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)/CFRA (California Family Rights Act)for their own serious health condition. 28.2 Using the prescribed forms, approved by District management, any full-time, including probationary, or part-time employees with at least fifty-two (52)weeks of service and at least twelve hundred fifty(1,250) hours of service, may be granted an FMLA or CFRA leave-of-absence without pay, not to exceed twelve (12)weeks in a rolling twelve(12)month calendar period. A"rolling"twelve(12)month period is measured backward from the date the employee uses the leave.A request for leave of absence without pay must be made upon prescribed forms in all instances where an employee is absent without pay for more than five (5)consecutive working days, or for absences of ten (10)working days or more when using paid sick leave accruals. 28.3 Substitution of Paid Leave 28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's own serious health condition shall be required to use all accruals, before unpaid leave is granted. Paid time off will not accrue during any pay period that an employee is absent without pay for more than one (1)day. 28.3.2 Paid time off accruals may be used for the care of the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent,foster parent, legal guardian, or any family member with whom the employee resides. 28.4 Permissible Uses 28.4.1 FMLA Leave. FMLA leave maybe used for: 28.4.1.1 The birth of a child or to care for a newborn of an employee; 28.4.1.2 The placement of a child with an employee in connection with the adoption or foster care of a child; 28.4.1.3 The care for the employee's father, step-father,father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, legal guardian,or any family member with whom the employee resides who has a serious health condition, as defined in the Act; 28.4.1.4 The employee's own serious health condition that renders the employee unable to perform the essential functions of his or her position, including incapacity due to pregnancy; 28.4.1.5 A qualifying exigency arising out of the fact that an employee's family member is on covered active duty or called to covered active duty status in the Armed Forces.A qualifying exigency may include activities such as making arrangements for childcare, attending counseling relating to the active duty of the service member, or attending to farewell or arrival arrangements for the service member. 28.4.1.6 The care for the employee's family member or"next of kin'service member of the United States Armed Forces who has a serious injury or illness incurred in the line OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 16 of duty while on active military duty. This leave may consist of up to twenty-six (26) weeks of unpaid leave during a single twelve(12)month period. 28.4.2 CFRA Leave. CFRA Leave may be used for: 28.4.2.1 The same purposes as FMLA Leave, including the care of a domestic partner or child of a domestic partner, and shall run concurrently with FMLA leave. 28.4.2.2 CFRA may not be used for 1)an employee's incapacity due to pregnancy,. 2)leave due to a qualifying exigency, or 3)to care for a family member or next of kin with a serious injury or illness incurred in the line of duty. However, incapacity due to pregnancy may entitle an employee to up to four(4)months of pregnancy disability leave under California's Pregnancy Disability Leave(PDL) law. 28.4.3 General Provisions: Reauests for FMLA and CFRA Leave Where the need for Leave is foreseeable,the District requests thirty(30)days advance notice. 28.4.4 Medical Certification As a condition of FMLA or CFRA Leave because of a serious health condition,the District may require certification by the employee's attending physician in accordance with Department of Labor(DOL) regulations. 28.4.5 Medical and Dental Premiums During FMLA and CFRA Leave,the District shall pay for medical and dental benefits at the same level as coverage would have been provided if the employee was not on leave. The employee shall be required to pay his or her share of medical and dental premiums. Failure to submit a monthly co-payment, in full, within sixty(60)days of the invoice date will result in loss of group coverage. Coverage will be reinstated upon return to active employment. 28.4.6 Reinstatement Upon expiration of FMLA or CFRA Leave, the employee shall be reinstated to the same or a comparable position, unless the employee would not otherwise have been entitled to that position for reasons unrelated to such leave(e.g., layoff), in which case the District's obligation to continue health and dental or other benefits shall cease. 28.4.7 District Employment of Spouses/Domestic Partners 28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve(12) weeks FMLA or CFRA Leave in a rolling twelve(12)month calendar period for the care of a parent or newly born or placed child. 28.4.7.2 CFRA Leave. Married employees and employees in domestic partnerships will be limited to a combined total of twelve (12)weeks CFRA leave in a rolling twelve(12) month calendar period for the care of a parent or newly born or placed child. 28.5 General Leave 28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general leave-of-absence by District management to attend to personal matters or for FMLA or CFRA qualifying events after the expirations of previously authorized leave. 28.5.2 During a general leave-of-absence,the employee will be required to pay both the District's and the employee's share of medical and dental premiums. 28.5.3 Failure to submit a monthly co-payment, in full,within sixty(60)days of the invoice date will result in loss of group coverage. Coverage will be reinstated upon return to active employment. 28.6 Return to Work Policy 28.6.1 An employee who has been absent from work due to a medical reason may be subject to a Return-to-Work medical evaluation. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 17 28.6.2 If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions(with reasonable accommodation if the employee is disabled within the meaning of the ADA/FEHA)and the employee is willing to return to work, placement in an alternative position, if available, shall be considered. The employee shall be re- classified as medically disqualified while alternative positions are being considered. Such time off shall be without pay; however, the employee may elect to use accrued leave hours, such as vacation, sick or personal, to receive compensation. Placement of an employee in an alternative position requires a pre-placement medical evaluation for the alternative job. 28.6.3 If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions(and cannot be reasonably accommodated if the employee is disabled within the meaning of ADA/FEHA)and there is not an alternative position, or the employee's restrictions are not compatible with an alternative position, or the employee is not willing to return to work, the employee shall be re-classified as medically disqualified and not permitted to work. Thereafter, the employee shall be retired for disability, if eligible,or dismissed. Such dismissal will not imply disciplinary action for cause. If requested,the employee's file will indicate the employee left for personal reasons. 28.6.4 Bridoe of Service If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District within one(1)year,the District shall bridge the employee's service date. Bridging of service procedures involve adding the total number of days away from work to the employee's original date of hire. 28.6.5 Failure to Return to Work If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof including General Leave,an employee fails to return to work and no additional leave has been authorized, the employee shall be considered to have automatically resigned from his or her position. In such cases,the employee will receive advance notification of the District's intent to implement an automatic resignation. 28.7 Compliance with Law These Leave-of-Absence provisions shall be interpreted and applied in a manner that is consistent with the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between these provisions, as written or applied, the provisions of law shall govern. ARTICLE 29. - CLASSIFICATION STUDIES 2q.1 QC;SD'A" 'Rclude a represeRlatve from OCEA W part c pate as a partner n the agency w dp nla�s f naton and compensation study. 29.21 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 V 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. 29.32 Y-Rating 29.32.1 All classification study findings regarding existing classifications are subject to approval by the General Manager;findings recommending a new job classification range are subject to approval by the District's Board of Directors. The recommendations of the classification study shall be implemented in the first pay period immediately following the completion of the study, unless the OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 18 recommendations require action betaken by the Board of Directors prior to implementation. In such event,the recommendations shall be implemented in the first pay period immediately following authorization by the Board. 29.32.2 In the event the duties and responsibilities of a position are allocated to a lower paid classification, the salary of the incumbent of that position shall remain unchanged (Y-rated)in accordance with the following table: Years of Service Tenn of Y-Rate 0-3 1 year 4-5 2 years 6-10 3 years 11-20 4 years 20 or more 5 years 29.32.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees are working in a job classification with a lower maximum rate of resulting from changes to the District's staffing requirements, organizational structure or"bumping"associated with layoffs. Y- rating shall not apply in cases involving disciplinary actions or voluntary changes to a job classification with a lower maximum rate of pay. 29.32.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table above. If the Y-rate expires before the employee's salary falls within the range of the new classification, the employee shall be placed at the top of the range. Employees become eligible for merit increases and range adjustments when the Y-rate is no longer in effect. 29.43 Z-Rating 29.43.1 Employees allocated to classifications with a lower range maximum than their current salary as a result of the District's comprehensive Classification Study results implemented effective July 12, 2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of their salary range exceeds or equals their current salary. 29.43.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level, his or her salary will be placed at the step of the new range that is nearest a one-step increase, not to exceed the maximum rate of pay. ARTICLE 30. - DRIVER'S LICENSE 30.1 Employees who are required by the District to drive must notify their supervisor and the Human Resources Risk Management Division immediately upon receipt of any suspension or revocation of their California Driver's License privileges. Failure to do so could result in disciplinary action up to and including separation. 30.2 If an employee whose license is suspended or revoked and is unable to perform his or her regular duties and responsibilities notifies the District in a timely fashion,an attempt shall be made to place the employee in an equal or lower level position for which he or she is qualified. Placement in the range of the new classification is subject to District management's discretion. 30.3 The District will continue to pay the license renewals and physical examination costs of Class A& B licenses that are specifically required by the District. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 19 ARTICLE 31. - LAYOFF PROCEDURE 31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. 31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002. 31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and recall lists shall be developed based upon job classification, priority of function,job performance, individual qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification in writing,whenever possible. 31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five (5)days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes shall be unchanged,except that it may not exceed the maximum rate of the range for the lower level classification. 31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the inverse order of layoff, so that the last person laid off is the first recalled.When a vacancy occurs in a classification for which a Recall list exists,an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the offer shall be made to the next person on the list. An individual who either does not respond or refuses three consecutive offers shall have their name removed from the list. 31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted. ARTICLE 32. - LIGHT DUTY 32.1 An employee who is released by a physician to perform limited duties because of a temporary disability may be assigned to light duty at the discretion of the District. Light duty may consist of duties other than those normally performed by the employee and that are within the employee's medical restrictions.An employee assigned to light duty will be paid the regular wage rate for the job classification to which he or she was assigned prior to being temporarily disabled. ARTICLE 33. - MEDICAL EXAMINATION 33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers their own health or safety, or that of others,the District may require that employee to be examined or evaluated by a health care provider. The purpose of such examination must be job related. Any examination under this provision shall be conducted on District time and at District expense. An employee may submit an independent medical opinion regarding the individual's condition and addressing his or her ability to competently perform the duties of the position. This information shall be reviewed and considered by a competent medical authority in arriving at a decision regarding the individual's continued employment in the position. ARTICLE 34. - MILEAGE ALLOWANCE 34.1 Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate. ARTICLE 35. -ACTING PAY 35.1 Employees who are assigned by District management to perform the duties of a position at a higher level for a period of at least eighty(80)consecutive hours shall be eligible for a one step salary increase, or the OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 20 first step of the range for the higher level classification,whichever is greater.The higher rate of pay begins with the hour eighty-one(81),and continues until the assignment ends or the six(6)month limitation has been reached at which time a determination will be made as to whether the position should or should not be posted. Requests for acting pay require the approval of the Department Director and the Director of Human Resources, or designee. The eighty(80)hour eligibility period may be waived at the discretion of the General Manager. ARTICLE 36. (This Article intentionally left blank.) ARTICLE 37. - PERSONNEL FILES 37.1 Employees have the right to inspect their personnel file in the Human Resources Department during the normal office hours of the Human Resources Department, by appointment. Employees who wish to correct allegedly erroneous information in their file, or request that items related to disciplinary matters be removed after the indicated time period has elapsed, should submit a request in writing to the Director of Human Resources, or designee. It is the responsibility of each employee to keep the personal information in his or her file current, including home address, telephone number and person to contact in an emergency. ARTICLE 38. - BULLETIN BOARDS 38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2,which are designated for use by employee groups to post notices to District employees, provided that: (a) no controversial matter which is critical of or derogatory to the District, its employees, officers or Directors may be posted; (b) nothing posted by the District may be removed; (c)the OCEA shall remove its notices after a reasonable length of time; and (d)only a reasonable number of notices shall be posted. ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS 39.1 A maximum of three(3)employees covered by this Agreement and appointed by the OCEA shall be granted reasonable release time for attending meet and confer sessions at the bargaining table. Release time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of work. 39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees requiring meet and confer release time in advance of the meet and confer session. The release time shall be granted provided that the needs of the District permits the time away from assigned work. ARTICLE 40. - USE OF DISTRICT FACILITIES 40.1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or designee,for the purpose of holding meetings,to the extent that such use does not interfere with normal District operations. The OCEA agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1 The District and the OCEA acknowledge that during the negotiations, which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects within the scope of representation. Therefore,the District and the OCEA, for the term of this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter contained in this Agreement. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 21 ARTICLE 42. - IMPASSE PROCEDURES 42.1 If either the District or OCEA declares that an impasse exists in the meet and confer process, the party so declaring may initiate the impasse procedure by providing the other party with a written request for an impasse meeting,together with a statement of its position on all issues. An impasse meeting shall be scheduled and held between the parties within fourteen (14)calendar days or as soon as practicable to: 42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding, and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined herein. 43.3 Impasse Procedures are: 43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. 43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation,the parties may agree to submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other mutually incurred costs shall be mutually shared by the District and OCEA. 43.3.3 Board Actions: If the parties fail to resolve the impasse,the dispute shall be sent to the District's Board of Directors for resolution. Each party shall submit its written proposal on all issues to the Board. The Board may take such action to resolve the impasse as it deems appropriate to the public interest. Any action taken by the Board to resolve the impasse shall be final and binding. ARTICLE 43. - SEVERABILITY 43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection of this Agreement shall be declared invalid by any court or by any state or federal law or regulation, or should a decision by any court or any state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the District,the District and OCEA shall meet and confer on the affected article, section or subsection. In such event, all other articles, sections or subsections of this Agreement not affected shall continue in full force and effect. ARTICLE 44. - UNIFORMS 44.1 The District shall provide and maintain ten (10) uniform pants and shirts, which may include the name of the employee and District's seal, at no cost to employees whose duties require that they wear uniforms. The District will also provide lab coats as required by the lab manager. 44.2 All employees who are issued uniforms must wear them during the performance of their regular duties. Other clothing appropriate to the occasion, as determined by District management, may be worn when attending business meetings. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary action. ARTICLE 45. - SUBSTANCE ABUSE POLICY 45.1 The District's Substance Abuse Policy will apply to all unit members. The District may adopt or implement rules, regulations and policies to be in compliance with federal and state laws. In such cases, notification will be provided to the bargaining unit prior to implementation. 45.2 Department of Transportation (DOT) Regulations 45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver's license requirements of the Department of Transportation, Federal Highway Administration CFR Part 382 is subject to the District's Anti-Drug and Alcohol Program. The District will ensure that all alcohol or controlled substances testing conducted under OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 22 the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part 40. 45.3 District's Substance Abuse Policv 45.3.1 Any employee may be subject to discipline, up to and including termination,for any alcohol screen test that indicates an alcohol concentration level of 0.02% or greater. ARTICLE 46. - DUES DEDUCTIONS 46.1 The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations must be fled by the end of the pay period prior to the period for which the deduction is requested. 46.2 The District shall provide the OCEA a quarterly list of the names of those employees for whom it has made deductions. In addition, the District shall provide the names and addresses of new employees and the names of employees who have terminated within the previous quarter. ARTICLE 47. (This Article intentionally left blank) ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES 48.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are in progress or recommendations resulting from such procedures are being considered by the parties,the District agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor encourage employees to refrain in whole or in part from the full,faithful and proper performance of their duties of employment. ARTICLE 49. (This Article intentionally left blank) ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY 50.1 The District's Workplace Violence and Weapons Policy will apply to all unit members. ARTICLE 51. - RESIGNATION 51.1 Voluntary written termination of employment with the District is irrevocable after seventy-two(72)hours from the receipt of the resignation, except by approval of the Director of Human Resources, or designee. ARTICLE 52. (This Article intentionally left blank) ARTICLE 53. - LABOR MANAGEMENT COMMITTEE 53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District(OCSD) hereby agree to meet within two(2)months from the OCSD Board approval of this MOU to discuss the structure and process of a Labor Management Committee at OCSD.Absent mutual agreement regarding the structure and process of a Labor Management Committee,the parties will defer discussions to the time when a successor MOU is raised. OCEA—Engineering MOU July 1, 201644 to June 30, 201946 Page 23 SIGNATURE PAGE 201644—2019U MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE ENGINEERING UNIT Executed: OCEA ENGINEERING UNIT ORANGE COUNTY SANITATION DISTRICT Bo Gutierrez, Labor Relations Representative S'^ 'ansk;Laura Kaltv, Chief Negotiator Robert(Mickey)Whitney, Construction James Herber^ General Manager elia InsoectorRisdard-6pappe1l.Senior Chandler, Director of Human Resources Construction Inspem Roberto Gh rell , Ass scant r nem ManagerAndrew Nau. Principal Human Resources Analyst AnaWt_aura Maravilla. Human Resources SupervisoStephan a Good, Human RAgnumAg AnalystJanine Aouilar Principal Human Resources Analyst Laurie Klinger, Senior Human Resources Analyst OCEA—Engineering MOU July 1, 201644 to June 30, 201936 Page 24 Exhibit A ENGINEERING UNIT E4fe6tve Effeo4ve �, a4-de1.44 ae-dul-4s 6lassifisatiea Grade M84 MAX M1N MAX Seak�saeNer 78 543=66 S62.94 544.42 S6400 Eng neorng8ssooate 76 - $414a 550.29 - $1227 $5340 seustwstien-Insbester u - 53847 54797 - $4036 $45.93 Ern;-".ss:s:a:" 76 535.76 $43.46 - $36.48 $44.33 Eng neeirn9-Ass istanW 66 $32.48 $39.38 - $33.85 $40.17 Effective Effective Effective Pay 8-Jul-16 7-Jul-17 6Jul-18 Classification Grade MIN MAX MIN MAX MIN MAX Senior Construction lnscector 78 _ 45.53 55.35 _ 46.6] 56]3 47.84 58.15 Enaineerinp Associate 76 _ 43.33 52.69 _ 4.41 54.01 5.52 55.36 Constuction Inspector 74 _ 41.27 50.15 _ 2.30 51.40 3.36 52.69 Enaineerino Assistant ll 70 37.39 5.44 _ 38.32 6.58 39.28 7.74 Enaineerino Assistant l 66 33.88 1.17 34.73 2.20 35.60 3.26 OCEA-Engineering MOU July 1, 201644 to June 30, 201936 Page 25 STEERING COMMITTEE MeetingDae TOBd.ofDir. 30/26/16 10/26/16 AGENDA REPORT IternNumber IemNumber s Orange County Sanitation District FROM: Laura Kalty, Chief Negotiator SUBJECT: SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS — LOCAL 501 CHIEF NEGOTIATOR'S RECOMMENDATION A. Adopt Resolution No. OCSD 16-23, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the International Union of Operating Engineers Local 501 for Fiscal Years 2016/2017, 2017/2018 & 2018/2019";and B. Direct staff to finalize and sign the Memoranda of Understanding (MOU) between Orange County Sanitation District and the Local 501 bargaining unit. BACKGROUND The MOU between the Orange County Sanitation District (Sanitation District) and the International Union of Operating Engineers Local 501 (Local 501) bargaining unit that became effective on July 1, 2014 expired on June 30, 2016. Local 501 submitted its initial proposal for a successor MOU on July 5, 2016. Local 501 and the Sanitation District have met and conferred in good faith nine (9) times since receiving the initial proposal. As of the last Board meeting on September 28, 2016, approximately eleven items proposed had either reached tentative agreement or had been withdrawn. On September 28, 2016, the Board of Directors authorized and directed the Chief Negotiator to make a counter proposal to Local 501 including a three-year contract with a 3.0% salary increase due in the first pay period in July for each year of the contract. The Sanitation District delivered this counter proposal to Local 501 on October 10, 2016. Local 501's membership ratified the proposal by majority vote in October 2016. RELEVANT STANDARDS • Ensure the public's money is wisely spent. • Competitive compensation and benefits • Highly qualified, well trained, motivated, and diverse workforce • Negotiate fair and equitable labor agreements • Positive employer, employee relations • Provide professional growth & development Page 1 of 4 PROBLEM The MOU between the Sanitation District and the Loral 501 bargaining unit that became effective on July 1, 2014 expired on June 30, 2016. PROPOSED SOLUTION Adopt Resolution No. OCSD 16-23, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the International Union of Operating Engineers Local 501 (Local 501), for Fiscal Years 2016/2017, 2017/2018 & 2018/2019". Based on Board direction, the Sanitation District issued a counter proposal to Local 501 on October 10, 2016, including three-year contracts with a 3.0% salary increase for each year of the contract. Local 501 distributed the proposal to its membership for voting and Local 501's membership ratified the proposals by majority vote in October 2016. RAMIFICATIONS OF NOT TAKING ACTION • Labor instability • Possible impacts to morale • Impasse PRIOR COMMITTEE/BOARD ACTIONS On February 19, 2016, an Ad Hoc Subcommittee of the Steering Committee selected Laura Kalty from Liebert Cassidy Whitmore to serve as the Sanitation District's Chief Negotiator. In preparation for and during the meet and confer process, the Chief Negotiator received direction for labor negotiations with Local 501 from the Steering Committee and the Board of Directors. The Local 501 meet and confer process was agendized for discussion in Closed Session at the following Committee/Board meetings: • April 27, 2016 - Steering Committee and Board Meeting • June 22, 2016 - Steering Committee • July 27, 2016 - Steering Committee and Board Meeting • August 24, 2016 - Steering Committee Meeting • September 28, 2016 - Steering Committee and Board Meeting ADDITIONAL INFORMATION Local 501 is the recognized employee organization certified to provide exclusive representation over wages, hours of work, and other terms and conditions of employment for the Sanitation District's 188 non-exempt Operations and Maintenance employees. Page 2 of 4 The MOU between the Sanitation District and Local 501 expired on June 30, 2016. Based on Board direction, the Sanitation District issued a counter proposal to Local 501 on October 10, 2016, including three-year contracts with a 3.0% salary increase for each year of the contract. Local 501 distributed the proposal to their membership for voting and Local 501's membership ratified the proposals by majority vote in October 2016. A full redlined version of the Local 501 MOU is attached for review. A summary of the key changes to the MOU are as follows: 1. Article 1, Recognition: Term of the agreement begins July 1, 2016. 2. Article 2, Duration: Agreement terminates on June 30, 2019. 3. Article 3, Successor Agreement: Language addition - ...initial proposal for a successor agreement 60 days prior to the expiration date of this Agreement. 4. Article 11, Grievance Procedure: Language and timing revisions to extend response time periods to ten days. 5. Article 13, Salary Adjustments and Compensation: Salary: Year 1 — 3.0% Salary Increase, retroactive to the first pay period of July 2016; Year 2 — 3.0% Salary Increase, effective the first pay period of July 2017; Year 3—3.0%Salary Increase, effective the first pay period of July 2018. 6. Article 19, Standby Pay: Addition of side-letter language. 7. Article 20, Insurance: language cleanup, strike 20.3 Medical Reopener. Incorporate HDHP/HSA side letter dated October 8, 2015. Add language regarding Affordable Care Act. 8. Article 35, Acting Pay: language revision to include: language change from cumulative to consecutive hours. Addition of Director of Human Resources or designee pre-approval. 9. Article 49, Shift Changes: Language cleanup — strike reopener language. New Section 49.3.4: When an employee is awarded a shift via bid said employee shall begin the new shift within 30 days of accepting the bid. 10.Bilingual pay: No language will be added to the MOU; however, the parties agree that if an employee goes through appropriate testing and certification process, bilingual certification is eligible for Development Pay, understanding employee has to go through existing process for District approval of certification. Listed below are articles with proposed housekeeping changes in the tentative agreement by article number: Article 7.0— Nondiscrimination in Employment Article 8.0— Smoke-free Work Environment Article 10.0— Discipline and Dismissal Article 23.0— Probationary Period Article 26.0—Shift Differential Article 27.0— Leave of Absence with Pay Article 29.0— Classification Studies Page 3 of 4 FINANCIAL CONSIDERATIONS The total cost is $3.6M over the term of the agreement. This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Resolution No. OCSD 16-23 • Local 501 MOU (redlined version) Page 4 of 4 RESOLUTION NO. OCSD 16-23 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 2016/2017, 2017/2018 & 2018/2019 WHEREAS, on April 22, 2015, 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, 2014 through June 30, 2016 ("2014 MOU"). WHEREAS, prior to the expiration of the 2014 MOU on June 30, 2016, Local 501 requested to meet and confer regarding successor MOUs. WHEREAS, pursuant to Government Code Section 3500, at 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, at the beginning of negotiations the parties agreed that any salary changes would take effect retroactively to July 8, 2016, the first pay period in the current fiscal year; and WHEREAS, the parties have modified the 2016 MOU between the District and Local 501 to reflect the parties' understanding regarding certain terms and conditions, which include: • Duration of the MOUs has been modified and will be for a 3-year term commencing July 1, 2016, and terminating June 30, 2019, as reflected in the Cover Page and Articles 1 and 2 of the MOUs. • Successor Agreement of the MOUs has been modified as set forth below and as reflected in Article 3 of the MOUs: o The Group shall submit in writing its initial proposal for a successor agreement 60 days prior to the expiration of the current agreement. • Nondiscrimination in Employment has been modified as set forth below and as reflected in Article 7 of the MOUs: o Minor administrative/language changes to align with expanded discrimination law provisions; housekeeping changes. OCSD 16-23-1 • Smoke-Free Work Environment has been modified as set forth below and as reflected in Article 8 of the MOUs: o Minor administrative/language changes to include current smoking and tobacco products and technologies. • Discipline and Dismissal has been modified as set forth below and as reflected in Article 10 of the MOUs: o Housekeeping changes. • Grievance Procedure has been modified as set forth below and as reflected in Article 11 of the MOUs: o 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. o Minor administrative/language changes regarding submission and response timeline requirements at various steps in the process; housekeeping changes. • Salary Adjustments and Compensation has been modified as set forth below and as reflected in Article 13 of the MOUs: o Year 1 — 3.0% Salary Increase, retroactive to the first pay period of July 2016. o Year 2— 3.0% Salary Increase, effective the first pay period of July 2017. o Year 3— 3.0% Salary Increase, effective the first pay period of July 2018. • Standby Pay has been modified as set forth below and as reflected in Article 19 of the MOUs: o Addition of side-letter language. • Insurance has been modified as set forth below and as reflected in Article 20 of the MOUs: o Medical reopener language provides for the District to reopen negotiations if needed due to impacts of the Affordable Care Act (ACA). o Side-letter language to include the addition of the High Deductible Health Plan (HDHP) and Health Savings Account (HSA) o Removes the expired language for medical reopener of February 2015. • Probationary Period has been modified as set forth below and as reflected in Article 23 of the MOUs: o Minor updates to language; housekeeping changes. • Shift Differential has been modified as set forth below and as reflected in Article 26 of the MOUs: o Housekeeping changes. • Sick Leave has been modified as set forth below and as reflected in Article 27 of the MOUS: o Addition of domestic violence, sexual assault, or stalking as permissible uses of sick time in accordance with labor cede. OCSD 16-23-2 o Addition of sick leave benefits for temporary employees in accordance with State law. o Minor administrative/language changes to align with expanded leave law provisions; housekeeping changes. • Classification Studies has been modified as set forth below and as reflected in Article 29 of the MOUs: o Language cleanup. • Acting Pay has been modified asset forth below and as reflected in Article 35 of the MOUs: o Language revision to include: Change from cumulative to consecutive hours and addition of pre-approval by the Director of Human Resources. • Shift Changes has been modified as set forth below and as reflected in Article 49 of the MOU: o When an employee is awarded a shift via bid said employee shall begin the new shift within 30 days of accepting the bid. 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, 2016 through June 30, 2019 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, 2016 through June 30, 2019, in a form approved by General Counsel. PASSED AND ADOPTED at a regular meeting held October 26, 2016. John Nielsen Board Chairman ATTEST: Kelly A. Lore Clerk of the Board OCSD 16-23-3 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 16-23 was passed and adopted at a regular meeting of said Board on the 261h day of October 2016, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 2611 day of October 2016. Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District OCSD 16-23-4 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 , 201644 through June 30, 201946 7QO86614 TABLE OF CONTENTS ARTICLE1. RECOGNITION.............................................................................................................................3 ARTICLE2. DURATION ...................................................................................................................................3 ARTICLE 3. SUCCESSOR AGREEMENT.......................................................................................................3 ARTICLE 4. LOCAL 501 ACCESS...................................................................................................................3 ARTICLE 5. LOCAL 501 RIGHTS....................................................................................................................4 ARTICLE 6. DISTRICT RIGHTS.......................................................................................................................4 ARTICLE 7. NONDISCRIMINATION IN EMPLOYMENT.................................................................................4 ARTICLE S. SMOKE-FREE WORK ENVIRONMENT......................................................................................4 ARTICLE9. SAFETY........................................................................................................................................ 5 ARTICLE 10. DISCIPLINE AND DISMISSAL..................................................................................................... 5 ARTICLE 11. GRIEVANCE PROCEDURE......................................................................................................... 6 ARTICLE 12. PROBLEM SOLVING PROCEDURE...........................................................................................8 ARTICLE 13. SALARY ADJUSTMENTS AND COMPENSATION ....................................................................8 ARTICLE 14. SEVERENCE PAY........................................................................................................................ 9 ARTICLE 15. DEFERRED COMPENSATION.................................................................................................. 10 ARTICLE16. HOLIDAYS.................................................................................................................................. 10 ARTICLE17. HOURS OF WORK..................................................................................................................... 11 ARTICLE18. CALL-BACK PAY....................................................................................................................... 12 ARTICLE19. STANDBY PAY........................................................................................................................... 13 ARTICLE20. INSURANCE............................................................................................................................... 14 ARTICLE 21. REIMBURSEMENT ACCOUNT................................................................................................. 16 ARTICLE22. OVERTIME................................................................................................................................. 16 ARTICLE 23. PROBATIONARY PERIOD........................................................................................................ 16 ARTICLE24. PROMOTIONS............................................................................................................................ 17 ARTICLE25. RETIREMENT............................................................................................................................. 17 ARTICLE 26. SHIFT DIFFERENTIAL............................................................................................................... 18 ARTICLE 27. LEAVE-OF-ABSENCE WITH PAY............................................................................................. 18 ARTICLE 28. LEAVE-OF-ABSENCE WITHOUT PAY.....................................................................................21 ARTICLE 29. CLASSIFICATION STUDIES......................................................................................................24 ARTICLE 30. DRIVER'S LICENSE...................................................................................................................25 ARTICLE 31. LAYOFF PROCEDURE..............................................................................................................25 ARTICLE32. LIGHT DUTY...............................................................................................................................26 ARTICLE 33. MEDICAL EXAMINATION..........................................................................................................26 ARTICLE 34. MILEAGE ALLOWANCE............................................................................................................26 ARTICLE35. ACTING PAY..............................................................................................................................26 ARTICLE 36. PERFORMANCE REVIEWS.......................................................................................................27 ARTICLE 37. PERSONNEL FILES...................................................................................................................27 ARTICLE 38. BULLETIN BOARDS..................................................................................................................27 ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS..........................................................27 ARTICLE 40. USE OF DISTRICT FACILITIES.................................................................................................28 ARTICLE 41. SCOPE OF BARGAINING..........................................................................................................28 ARTICLE 42. IMPASSE PROCEDURES..........................................................................................................28 ARTICLE 43. SEVERABILITY..........................................................................................................................28 ARTICLE44. UNIFORMS.................................................................................................................................29 ARTICLE 45. SUBSTANCE ABUSE POLICY..................................................................................................29 7908661.4 Loml 501 MOU Page 1 ARTICLE 46. DUES DEDUCTIONS.................................................................................................................29 ARTICLE 47. AGENCY SHOP..........................................................................................................................29 ARTICLE 48. PEACEFUL RESOLUTION OF DISPUTES...............................................................................31 ARTICLE 49. SHIFT CHANGES.......................................................................................................................31 ARTICLE 50. WORKPLACE VIOLENCE AND WEAPONS POLICY...............................................................33 ARTICLE 51. RESIGNATION...........................................................................................................................33 ARTICLE 52. OPERATOR CERTIFICATION...................................................................................................33 SIGNATUREPAGE..............................................................................................................................................34 EXHIBITA.............................................................................................................................................................34 7908661.4 Loml 501 MOU Page 2 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, at 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, Loral 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 1,201644. 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 30,201946. 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. 7908661.4 Loml 501 MOU Page 3 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 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 stewards and will update the list as necessary. An alternate steward may be designated to act in the absence of the regular steward. Employees not listed on the roster of stewards provided to the District by the Local 501 may not act as representatives. 5.2.For purposes of meeting and conferring, Local 501 will be allowed to designate two(2)stewards to attend (additional stewards may be added by mutual agreement of the parties).An additional employee,who may or may not be a designated steward, may be invited to attend to provide subject matter knowledge. 5.3.Stewards will not perform non work-related duties on work time without the prior approval of their immediate supervisor. Neither the District nor the 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 carryout 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,or 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 martal status,hand Gap,med Gal Gond ton,status as a ARTICLE 8. SMOKE-FREE WORK ENVIRONMENT 6.1.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 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 4 has on the health and well being of District employees and their families, smoking and the use of tobacco (cigarettes cigars e-cigarettes f"vapinc"1 and related tobacco products and technolocies)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 will establish a Safety Committee that will include 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. Prior to the effective date of the proposed disciplinary action,the employee will be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response,the District will notify the employee in writing of the action that will betaken. 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. 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, 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 5 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 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 I(.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 broughtto the attention of the District by an individual employeewithin the Unitor by the 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 the Local 501, be consolidated for the purposes of this procedure. 4 -...2-11.3. 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. 11.3.11.4. An employee may be self-represented or be represented by the Local 501 at all steps of the Grievance Procedure unless specifically agreed otherwise by the Local 501 and the employee. The District will provide a copy of all written grievance settlements to the Local 501. Any reference to days in this Article means business days Monday through Friday, excluding recognized holidays. 414.4-11.4.1. Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor, or designee,within ten 1010 twe-(55}days of the occurrence of the event giving rise to the complaint,or within ten five{5}days from the time that the employee became aware of such event. The supervisor, or designee, will attempt to resolve the issues 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 6 surrounding the complaint, and respond in writing to the employee within ten 10 five45) days. 443311.4.2. 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 4ve4&}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: 14.3.2.4.11.4.2.1. Identify the specific management act to be reviewed; �2-11.4.2.2. Specify how the employee was adversely affected; 4t1-.2-2211.4.2.3. List the specific provisions of the MOU that were allegedly violated and state how they were violated; t4.�4.11.4.2.4. Specify the remedy requested; and �P11.4.2.5. Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. 11:33.11.4.3. The Division Manager,or designee,will respond in writing to the employee within ten (10)days after the date the grievance is received. 44-.34:11.4.4. 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. 442511.4.5. 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. 443.611.4.6. 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. 11,411.5. 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 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. 41-311.6. 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. 44§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. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 7 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 maybe 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 Resourcesaa-Aaslstant GeneFal or designee,who at their discretion,may will form an adhes-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 ma convene to cooperatively review and develop recommendations for solutions)to the problem.The-Director of Human Resources,or designee,mayw4utilize 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 ResourcesAssi 3enera4Manager, or designee, is final. ARTICLE 13.SALARYADJUSTMENTS 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 Pav 13.2.1. Stepincrease Pav—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 placementat 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. 7908661.4 Loca1501 MOU July 1,20164 to June 30,20196 Page 8 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 Pav—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 $20.76 per pay period for an associate degree and $41.53 per pay period for an undergraduate degree. The maximum amount of Education pay is fixed at $41.53 per pay period. 13.2.2.2. Certification/License — Eligible employees who obtain a District approved certification or license will receive $7.62 per pay period per certificate or license with a maximum of three(3)certificates and/or licenses.The maximum amount of certification/license pay for any combination of certificates and/or licenses is fixed at$22.86 per pay period. 13.2.2.2.1. The overall maximum Development Pay for any combination of education,certification and/or licenses is fixed at$64.39 per pay period. 13.2.2.2.2. Grade V Pa v — Employees who receive Grade V pay in accordance with the applicable District policy are ineligible to receive Development Pay fortheir Grade V California Wastewater Treatment Plant Operator Certificate. Employees who possess 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. 13.2.2.2.3. 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 Adjustments 13.3.1. Effective the first pay period in July 201644, employees under this Agreement will receive salary range adjustments at a flat rate of 103.00%. 13.3.2. Effective the first pay period in July 201715, employees under this Agreement will receive salary range adjustments at a flat rate of 2-03_0%. 13.3.3. Effective the first pay period in July 2018, employees under this Agreement will receive salary range adjustments at a flat rate of 3.0%. ARTICLE U.SEVERENCE 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 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 9 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 holidayare 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. 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 HOLIDAY 2015 2016 New Year's Day January 1 January 1 Lincoln's Birthday February 12 February 12 President's Day February 15 Memorial Day May 30 Independence Day July 4 Labor Day September 7 September 5 Veteran's Day November 11 November 11 Thanksgiving Day November 26 November 24 Day after Thanksgiving November 27 November 25 Day before Christmas December 24 December 23 Christmas December 25 December 26 Floating Holiday See 16.2 See 16.2 SCHEDULE HOLIDAY 2015 2013 New Year's Day January 1 Janus 1 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 10 SCHEDULE HOLIDAY 2015 2016 Lincoln's Birthday Februa 12 February 12 President's Day February 15 Memorial Day May 30 Independence Day July 4 July 4 Labor Day September 5 Veteran's Day November 11 November 11 Thanksgiving Day November 26 November 24 Day after Thanksgiving November 27 November 25 Day before Christmas December 24 December 24 Christmas December 25 December 25 Floating Holiday 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 calendaryear of service per the following table: Hire Date Percent 1at Quarter(January-March) 100% 2nd Quarter(April-June) 75% 3'd Quarter(July-September) 50% 4t^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(9180),five 8-hour days each workweek (10180),four 10-hour days each workweek(8/80), or three 12-hour days and one 4-hour day each workweek(7180). 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 shirt 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. 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. Employees will be allowed a fifteen(15)minute cleanup period prior to the end of each work shift. Ifthe employee's work shift is extended,the fifteen (15)minute cleanup period shall occur at the end of the 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 11 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)orten(10)hourshift or three(3)times fora shift of more than ten(10)hours. Eachshiftwill 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. 17.6. 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 greater than 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 4110 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. Co-Generation: For purposes of this Article,the day shift is defined as an assigned work shift of at least seven (7) consecutive hours, between 0600 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. 17.6.5. Any employee who declares that an individual hardship exists should submit a requestto be excluded from the twelve (12) hour shift to Human Resources. Human Resources will determine if there is a valid employee hardship,on a case-by-case basis,and notify the local 501 bargaining unit representative of the decision. 17.6.6. 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 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. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 12 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 durina 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. 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 comp etent ex erieneed oum level ern to es. Employees who are on their initial probation shall not be eli ible for tandb k1 . 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. Standby s t me during wh Gh an employee s not required to he at the work Innat on or atthe employee's Fes dense but 6 Fequ red to be avalabe for mmpd ate return to Work. Standby ass gnments w 11 first be Standby ass gnments w 11 be made from the I st of employees who are competent and expeF enGed, n alphabetical order, on a rotat ng basis. in the event that no one volunteers, the D Str Gt w 11 ass gn standby byjab class f Gat on and work lanat on from employees who are competent and exper enGed on fifty five (355) dollars Per Week, and W 11 FeGe ve Call Back pay when he/she 5 actually called to Work. 19.2. Collections Svstem; 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 (31 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, havina at least two (2) years of experience as a Mechanic on rotation within the Collections Division. Employees who are on their initial probation shall not be eligible for standby. 19.3. Employees shall not complete more than two(2)consecutive weeks of standby without a seven(7)day break between standby assignments. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 13 19.4. Employees on standby will be compensated at the rate of$400 per week. ^Ts;T19.4.1. Employees whose standby assignment include an OCSD recognized Holiday will be compensated with two(2)hours of straight time pay. 199 The D Rtr Gt and I sea! 501 agree to reopen th s Agreement follow ng ratf Gat an to d so ss Art Gle 19 19.2.1.The parties acknowledge •R�,:sfeepeReF does not ae.igate the D StF Ot OF o change and/or modify any prov nons of the MOUduring theerm of th'n MOU. An r nhnnnnn/m f !.I/1 M' nnlnns fn the of th s reopener must be by mutual Th..f .... pFaGProcee R.d... pngse.f6.. O Board; and/or proceed ngs n the Super or Court. 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. o0 o ak;��n from Anthem to Rke Sh-'d through Gal fern a State Asses-t on of Cc int--� ExGess insurance Author )m er d reGtly,andivar ad plan des gn changes n order to in t gate exi;se taxat an n 90�8 Patent a' strateg es for Gone derat on nducle, but are not Plan deduct Was and GORIF but on Fates;and altennalve plan Offer ngs such as a h gh deduct ble health plan .'th health sa 'n account fund ng 20.3.1. The part es agree that th s reopener shall be subject to Government Code S;P.Gt on 3505 4 and 249-.tk20.3. Medical Insurance 20:41 20.3.1. The District will provide medical health insurance coverage through a Health Maintenance Organization (HMO) medical insurance plan, awA--a Preferred Provider Organization(PPO)medical insurance plan and a High Deductible Health Plan(HDHP1,u -t--h t me that the parties agree to changes through the med Gal FeOpen-F n Seer on 20 2. 20.r..20.4. Regular,full-time emplovees: 20.4.1. The District will contribute 90%of employee only premiums for the HMO medical health plans and 80% of employee only premiums for the PPO medical 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 Pavfor 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. 20.6.1.20.4.3. 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. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 14 20,G20.5. Group Insurance Premiums 20,64.20.5.1. Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis. 20-A20.6. Life Insurance 24.7-.4-.20.6.1. The District will pay the full premium for $50,000 term life insurance on each employee. 29$20.7. Short Term Disability 20 8 1 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. 29320.8. Long Term Disability 20 9 1 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�.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 specified. The specified periods and additional information about coverage is included in the District's long-term disability plan contract accession on the intranet. 20.9 3:20.8.3. 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 40 0.9. Dental Insurance 2944.4-.20.9.1. The District will contribute 8O%of employee only and 80%of full family premiums for dental insurance. 2011 0.10. Vision Insurance 20444-20.10.1. The Districlwill provide a vision insurance plan for regular,full-time employees and eligible dependents. 2042-.20.11. Retiring Employees 20424,20.11.1. 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. 29,1��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. 2942-.3.20.11.3. 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 year of continuous service up to a maximum of 25 years or two hundred fifty dollars($250)per month. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 15 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 referto 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 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. For the 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 21PROBATIONARY 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 months t•^^ ^'� '�sof employment without a break in service. Extended absence without pay,short-term and long-temt 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. 234-23.2. 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 oeriod of trainina 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 fudge 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.?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. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 16 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 months wafter 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 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 months t,_ewt ^�k, 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 Districtwill continue to contractwith OCERS to provide the 2.5%@ 55 benefit formula(Plan G)based on the highest consecutive twelve(12) months average earnings, past and future service. 25.1.1.1. The District will continue to pay 4.5%toward the employee's contributions to OCERS for those employees who elected to make a one-time decision to remain in the Plan G program. 25.1.2. Employees hired on or after September 21, 1979 and before 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. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 17 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. 269 The D qtr at and Loss! 501 agree to reopen th a Agreement follow ng ratf Gaten to d sGuss Arle's 26 Sp4F 26.2.1. The part as a6knowledge that th S FeGPeReF does not abi gate the D StF Ot OF Lose' 501 to change and/or modify any prov sons of the MO during the \Ill of fh'a An r nhannnn/m M f' nnlnns to the !.I/1 of th S FeapeneF must be by mutual Th..I .... PFaGPFUGee h.d... pngse.f6.. O Board; and/or proceed ngs n the Super or Court. 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 actuallyworked and hours in a paid-leave payroll status,on a biweekly basis as follows: Years of Service Hours- Hours- Biweekly Annual In years 0 through 1 3.082.31 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 ear 17 8.92 232 In ear 18 9.15 238 In ear 19 9.38 244 In ear 20 and over 9.62 250 JK2] 27 1 3,27.1.2. When unpaid absences occur, personal leave accruals will be applied by straight proration of leave accruals based on the number of hours actuallyworked,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 7908661.4 Loca1501 MOU July 1,20164 to June 30,20196 Page 18 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 requestand take at leastforty(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 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 notifytheir supervisor priorto the starttime of their shift when theyare 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 and seventh occurrence within a twelve (12) month period will result in a verbal warning. The eighth occurrence will result in a written warning. Employees who are charged with ten occurrences of unscheduled time off within a calendar twelve(12)month period will be subject to termination.A rolling It 2) 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 leaveshould 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 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 19 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 ordecease will be paid in full at their current rate of payforall 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„ a 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 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. Anyfull-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 dutyfor a period up to twenty-two(22)working days. 27.8.2. Priortojury duty service,each employee mustcomplete a time off requestthrough the District's timesheet system and provide a copy of the summons to his or her supervisor. 27.8.3. Employees who work otherthan the day shift who are called forjury dutywill be considered on day shift for the duration of theirjury service for purposes of this provision. If a portion of that shift should fall on a weekend or other daythe employee is not required to be present in court, the employee will be expected to work. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 20 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 matterwherein 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 anyfees 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 orderto be eligible for payfor 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 priorto and/or upon completion of each day's service, exclusive of travel time. 27.10. Military Leave 27.10.1.A requestfor military leave will be made upon leave-of-absence forms approved bythe 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 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. 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. ARTICLE 28.LEAVE-OF-ABSENCE WITHOUT PAY 28.1. It is the policy of the District to grant employees leaves-of-absence without pay under certain circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below, employees will not receive compensation during an unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)/CFRA(California Family Rights Act)for their own serious health condition. 28.2. Using the prescribed fors, 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 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 21 (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: 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 California's Pregnancy Disability Leave (PDL) law. 7908661.4 Loca1501 MOU July 1,20164 to June 30,20196 Page 22 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. 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 parent or 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 7908661.4 Loca1501 MOU July 1,20164 to June 30,20196 Page 23 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 mayelectto use accrued leave hours,such as vacation,sick or personal,to receive compensation. Placement of an employee in an alternative position requires a pre-placement medical evaluation for the alternative job. 28.5.7.3. If it is determined that the job demands of the position last held by the employee are not compatible with the employee's restrictions (and cannot be reasonably accommodated if the employee is disabled within the meaning of ADA/FEHA)and there is not an alternative position,or the employee's restrictions are not compatible with an alternative position, or the employee is not willing to return to work, the employee will be re-classified as medically disqualified and not permitted to work. Thereafter,the employee will be retired for disability, if eligible,or dismissed. Such dismissal will not imply disciplinary action for cause. If requested,the employee's file will indicate the employee left for personal reasons. 28.5.8. Bridge of Service 28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is 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 employees 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.Comoliance with Law 28.5.10.1.These leave-of-absence provisions will be interpreted and applied in a mannerthat 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 291 The D Str Gt W 11 rolude a representatve from LGGal 501 to part G pate as a partner n the agePGY w de class f net an and Gompensat on study. 29-2-29.1. 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 1st for the November review and according to the Finance budget schedule. District's management may also conduct classification studies at their discretion to ensure that the duties and responsibilities of all employees are appropriately allocated within the classification structure. 29.2.1.29.1.1. 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 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 24 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. 29329.2. Y-Rating 2Q.2..1k29.2.1. 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. 2932:29.2.2. Y-rating will be granted for all reclassifications where employees are working in a job classification with a lower maximum rate of pay. 2932.29.2.3. 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. 293429.2.4. Career Change — 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 twelve (12)months of 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. 29-3-r29.2.5. 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 twelve (12) months of this twenty-four (24) month period. If the employee does not pass probation, the employee will be returned to hislher prior position or an equivalent position. 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, 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 25 individual qualifications and seniority. The Local 501 and employees subject to lay off 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. 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_n-open, budgeted position at a higher level for a period of at least forty(40)consecutive eumu6atwe-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 designeeLs). The forty(40)hour eligibility period may be waived at the discretion of the General Manager. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 26 35.2. Substitution Pav 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 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 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. The 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)the Loral 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 the 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. The 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. 7908661.4 Loca1501 MOU July 1,20164 to June 30,20196 Page 27 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 the 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. The Loral 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 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 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 28 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 specific 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. 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) Reaulations 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 362 is subject to the District's Anti-Drug and Alcohol Program. The District will ensure that all alcohol or controlled substances testing conducted under the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part 40. 45.3. District's Substance Abuse Policv: 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 including Agency Shop associated service fees or religious exemptions,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 the 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.AGENCY SHOP 47.1. Legislative Authority 47.1.1. The parties mutually understand and agree that in accordance with California Government Code Sections 3500,eLseq.,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. However, the enactment of a local "Agency Shop" requires that as a condition of continuing employment,employees must eitherjoin the Union or pay to the Union a service fee 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 29 in lieu thereof. Such service fee shall be established by the Union, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Union. 47.2. Union Dues/Service Fees 47.2.1. The Human Resources Department shall provide all current employees and any employees hired thereafterwith an authorization notice advising them that the District has entered into an Agency Shop agreement with the Union,and that all employees subject to the Agreement must eitherjoin the Union,pay a service fee to the Union,or execute a written declaration claiming a religious exemption from this requirement.Such notice shall include a form for the employee's signature authorizing payroll deduction of Union dues or a service fee, or a charitable contribution equal to the service fee. Said employees shall have fourteen (14)calendar days from the date they receive the form to fully execute it and return it to the Human Resources Department. 47.2.2. If the form is not completed properly and returned within fourteen (14) calendar days, the District shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Union dues, service fee, or charitable contribution shall begin no later than the first full pay period after receipt of the authorization form. 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 or fees 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. Religious Exemption 47.3.1. Any employee who is a member of a bona fide religion, body,or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required,in lieu of periodic dues,initiation fees,orAgency Shop fees,to pay sums equal to the dues, initiation fees,or Agency Shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3)of the Internal Revenue Code, chosen by the employee from a list of at least three of these funds, designated in a memorandum of understanding between the District and the Union,or if the memorandum of understanding fails to designate the funds, then to any such fund chosen by the employee. Charitable contributions shall be by regular payroll deductions only in order to qualify as a condition of continued exemption from the requirement of financial support to the Union. 47.3.2. Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Union within fourteen(14)calendar days of receipt by the District. The Union shall have fourteen(14)calendar days after receipt of a request for religious exemption to challenge any exemption granted by the District. If challenged,the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. 47.4. Rescission 47.4.1. The Agency Shop provision in this memorandum of understanding may be rescinded by a majority vote of all the employees in the Unit covered by the memorandum of understanding, provided that: 47.4.1.1. A request for such a vote is supported by a petition containing the signatures of at least thirty percent(30%)of the employees in the Unit. 47.4.1.2. The vote is by secret ballot. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 30 47.4.1.3. The vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one (1)vote taken during that term. Notwithstanding the above,the District and the Union may negotiate,and by mutual agreement provide for,an alternative procedure or procedures regarding a vote on an Agency Shop agreement. 47.4.2. If a"rescission vote"is approved by unit members during the term of a current MOU,the Union agrees not to petition for or seek Agency Shop status for the remainder of the current MOU. 47.5. Records 47.5.1. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually,to the District,and to the employees who are members of the organization, within sixty(60)days after the end of its fiscal year,a detailed written financial report thereof in the form of a balance sheet and an operating statement,certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the Labor-Management Disclosure Act of 1959 covering employees governed by this provision,or required to file financial reports under California Government Code Section 3546.5, may satisfy the financial reporting requirement of this section by providing the District with a copy of the financial reports. 47.6. Indemnification 47.6.1. 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 compliance with the Agency Shop fee obligation,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 compliance with the Agency Shop fee obligation, 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. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 31 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 � 4 The D qtrnt And I oGal 501 agree to reopen th a Agreement fellow ng rat F f nAt an to d sn Jss Art c n 49 2 Re'"nf Operator. An Ghannnn/mod f'Gat onn to the MO as n consequence of th a reopennr must An 6 agreement. The fn' reach m subject to the Employment Relat ans Board; and!UF proceed ngs n the Super OF Court. 49.3. Shift change-bidding procedure 49.3.1. The District will mail (e-mail is acceptable) a Shift Change Request Form to employees in appropriate classifications every six(6)months. Any employee who wishes to be assigned to 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 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. 49.3.2.2. Within two(2)business days of the shift change offer,the employee must notify the District in writing (e-mail 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-:3.49.3.4. When an employee is awarded a shift bid,the employee shall beam the new shift within 30 days of accepting the bid. 49.4. Requests for urgency transfer 49.4.1. On occasion,an employee maywish 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. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 32 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. ARTICLE 51.RESIGNATION 51.1. Voluntary written termination of employment with the District is irrevocable after seventy-two (72) hours from the receipt of the resignation except by approval of the Director of Human Resources, or designee. ARTICLE 52. 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. 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 33 SIGNATURE PAGE 201644•201946 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 ORANGE COUNTY SANITATION DISTRICT Deric Barre s€dward-d-6eAy, Business Steve-F arskyLaura Kaltv, Chief Negotiator Manager Business Representative Thomas O'Ma,_, Pres dent Thomas O' Celia Chandler. Director of Human Mahar, President Resources amen Heiberg General Manage Edward Curly Business Manager Andrew Nau. Principal Human Resources Analyst Gar^ Keen Business Representat•a Laura Maravilla&iahard-Speneer, Human Resources SupervisorManeW Charles Close, Steward Analyst Janine Aguilar Principalle Human Resources Analyst Jason Biedermann, ""^"... b'a C Crane Laurie KlingerStephanie-Geed, Senior Human QperaterSteward Resources Analyst Luis Gasca, E^^'.�. Te ch Steward Jorge Mendocal, StewardT-hemas HGRdy, San or Plant operater Gilbert Barela, Stewarddehn-Mirkovicl�Senier Meehan c Gary Tuiasosopo-Kemper, I eadPla�-n 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 34 Gperat- teward EXHIBIT A LOCAL 501 -OPERATIONS AND MAINTENANCE UNIT Effe-tov�e 1O4u1-15 Glass4wate Gra ayde MIN MAJ4 MIN MAJF n to rerun.. Dn 'nmt nnn'nn.n 1 O652 $23.49 $28.66 $23.96 $9.13 p .n ' ,n/unn. Dn 'nmt TeGhnnnn LOC67 $33A9 $40.35 $33.85 $41.16 CQRkB46eRtRFTA&44idaR LADC53 $26.57 $32.30 $27...10 $32.95 €JesidsaFTeshn n anA LOC65 $31-.60 $38.40 $32.23 $39.47 CP.Gtr nn Tenhn+n+An-H gC71 $36.63 $4452 $37.36 $455..41 Dnn ras Workn./R i"w"An, L C62 $29.35 $35.O7 $29.94 $36.38 LADG62 $29..35 $35..97 $29.94 $36.39 IR-tF_m,nt,t an n 6 an 9665 $31-.60 $38.40 $32.23 $39.17 nn Tenhn'n An LOC71 $36.63 $44.52 $37.36 $45,41 Lead€eskisal-Teshaician IOC75 $40,45 $49A6 $41.26 $50.14 bead-6asi0tie, WlAFkc LAD666 $32.40 $39.37 $33.95 $404 L9675 $40.45 $49.16 $41.26 $50.14 nail MenhAnnn LOC71 $36.63 $44.52 $37.36 $45.41 Lead Plant OpeFatar 1OC75 $40.45 $4916 $41.26 $50.14 bead-ReweRRlaRtOperater LAD675 $4O.45 $4946 $41.26 $50.14 .-A ./ChF Gate 19671 $36.63 $44.52 $37.36 $45.41 Mashlnlst LOG68 $34.01 $44.34 $34.69 $42.17 n a nten, ,�,nn\Nn,Ln, 1 OC69 $27.94 $33.96 $28.50 $34.64 Mesha LADC64 $29.62 $34.79 $29.19 $35.49 Mal)Oa-Crane-Operater L9f,67 p. $33.1199 $40.35 $$33.85� $41.16 Operator mTraining I 0056 Per $32.30 P2^o $32..95 Plant - 1 OC66 $32.40 $39.37 $33.05 $40.16 LOG" $32.40 $39.37 O33.95 p$4O046 ReweWJan49peratsr-II 1OG71 $36.63 $44.52 $37W $45,41 Re'ab 1 t Me ntenannn TP.Gh n.:an LOC75 $40.45 $49.16 $41.26- $60.14 San OF McGhann IOC67 $33'l9 $40.35 $33.35 $4116 68Ri9F PlaRt Qperater L�674 $36.63 $44.52 $37.36 $45-44 W�elder/€ahAsater LOC67 $33:19 $40.35 $33-:65 $4116 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 35 Effective Effective Effective 8-Jul-16 7-Jul-17 "UI-1a Classification Gratle MIN MAX MIN MAX MIN MAX Automotive/Heavy Eauipmt Assistant L0053 $24.68 $30.00 $25.42 $30.90 26.1 $31.83 Automotive/Heald EGuipmt Technician LOC67 34.87 S4239 $35.92 $43.66 $37.00 S44.98 Control Center Technician L0058 $27.91 $33.94 $28.75 $34.96 29.61 $36.01 Electrical Technician I LOC65 $33.20 0.35 34.20 $41.56 $35.23 S42.81 Electrical Technician 11 LOC71 38.48 M6.77 $39.63 $4B.17 40.8 M9.63 Facilities Worker/Builder LOC62 30.84 3747 3177 $38.59 32.7 $39.76 Facilities Worker/Painter LOC62 $30.84 37.4] $31.77 $3B.59 32.72 39.76 Instrumentation Technician I LOC65 3320 S40.35 34.20 $41.56 $35.23 S42.81 Instrumentation Technician 11 LOC71 $38.48 M6.77 $39.63 $4B.17 40.8 M9.63 Lead Electrical Technician LOC75 42 50 51.64 43.78 $53.19 $45.09 $54.79 Lead Facilities Worker LOC66 $34.04 W.36 $35.06 $42.60 36.11 W.89 Lead Instrumentation Technician LOC75 $42.50 51.64 4378 5$ 319 45 50 $64.79 Lead Mechanic LOC71 $38.48 6.7] $39.63 $48.17 40.82 9.63 Lead Plant Operator LOC75 4250 51.64 4378 5g 319 $45.09 $64.79 Lead Power Plant Operator LOC75 $42.50 $51.64 $43.78 $53.1s 45.09 54.79 Lead Welder/Fabricator LOC71 3848 S4677 $39.63 $48.17 40.82 149.63 Machinist LOC6$ $35.73 W.44 $36.BO 44.74 37.9 M6.08 Maintenance Planner/Scheduler LOC75 4250 51.64 43.78 $53.19 45.0 $54.79 Maintenance Worker LOC60 29.36 $35.68 $30.24 $36.75 31.1 $37.85 Mechanic LOC61 3$ 0.07 36.54 30.97 $37.64 $31.90 $38.77 Mobile Crane Operator LOC67 34.87 M2.39 $35.92 $43.66 37.00 .98 Operator-In-Training L0058 27.91 33.94 28.75 $34.96 $29.61 36.01 Plant Operator LOC66 34.04 W.36 $35.06 $42.60 36.11 3.89 Power Plant Operator I LOC66 $34.04 S41.36 35.06 $42.60 36.11 3.89 Power Plant Operator II LOC71 38.48 6.7] 39.63E4B7 40.8963 Reliability Maintenance Technician LOC75 4250 51.64 4378 45.09 54Senior Mechanic LOC67 34.87 2.39 35.92 37.00 4.98 Senior Plant Operator LOC71 38.48 67] 3963 40.82 963Welder/Fabricator LOO67 34.8] 2.39 35.92 37.00 4.98 7908661.4 Local 501 MOU July 1,20164 to June 30,20196 Page 36 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CIP Capital Improvement Program CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) ICS Incident Command System IERP Integrated Emergency Control Plan LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District COBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration PCSA Professional Consultant Services Agreement POTW Publicly Owned Treatment Works ppm Parts per million PSA Professional Services Agreement RFP Request For Proposal Glossary of Terms and Abbreviations RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SRF State Revolving Fund SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation WIFIA Water Infrastructure Financing and Innovation Act Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Benthos—The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. Biochemical Oxygen Demand (BOD) —The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Blogas — A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria —A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coil are the most common bacteria in wastewater. Glossary of Terms and Abbreviations Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D/T) — the dilution at which the majority of the people detect the odor becomes the D/T for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service(LOS)—Goals to support environmental and public expectations for performance. NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works(POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge— Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Glossary of Terms and Abbreviations Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.