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 Any items withdrawn from the Consent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.
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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.
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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.
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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
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ARTICLE 14. - SEVERANCE PAY
14.1 Employees are expected to give a minimum of two(2)weeks written notification when terminating
employment with the District. Except for disciplinary cause,when a full-time employee is terminated by
action of the District,the employee 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
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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
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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
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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@
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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.
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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.
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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.
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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%
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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
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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
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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
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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
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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.
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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@
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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.
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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
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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
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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.
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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.
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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.