HomeMy WebLinkAbout98.ONLINE 07-26-2017 Steering Meeting Item 3 Attachment D - MOUs.pdf MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501
FOR THE
OPERATIONS AND MAINTENANCE UNIT
November 29, 2002 through June 30, 2007
TABLE OF CONTENTS
ARTICLE1. - RECOGNITION................................................................................................................................1
ARTICLE2. -DURATION.......................................................................................................................................1
ARTICLE 3. -SUCCESSOR AGREEMENT...........................................................................................................1
ARTICLE 4.-LOCAL 501 ACCESS......................................................................................................................1
ARTICLE 5.-LOCAL 501 RIGHTS........................................................................................................................1
ARTICLE 6.-DISTRICT RIGHTS..........................................................................................................................2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT....................................................................................2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT.........................................................................................3
ARTICLE9.-SAFETY...........................................................................................................................................3
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.-SEVERENCE PAY.........................................................................................................................6
ARTICLE 15.- DEFERRED COMPENSATION.....................................................................................................7
ARTICLE 16.- HOLIDAYS.....................................................................................................................................7
ARTICLE 17.- HOURS OF WORK........................................................................................................................8
OPERATIONS.........................................................................................................................................................................8
MAINTENANCE.....................................................................................................................................................................8
ARTICLE 18.-CALL-BACK PAY..........................................................................................................................9
ARTICLE19.-STANDBY PAY..............................................................................................................................9
ARTICLE20.-INSURANCE..................................................................................................................................9
A. MEDICAL.....................................................................................................................................................................9
B. GROUP INSURANCE PREMN S...................................................................................................................................9
C. LIFE INSURANCE.........................................................................................................................................................9
D. SHORT TERM DiSABILITY............................................................................................................................................9
E. LONG TERM DISABILITY.............................................................................................................................................9
F. DENTAL....................................................................................................................................................................10
G. VISION......................................................................................................................................................................10
H. RETIRINGEMPLO=..............................................................................................................................................10
ARTICLE 21.- REIMBURSEMENT ACCOUNT................................................................................................... 10
MEDICAL CARE REIMBURSEMENT ACCOUNT.....................................................................................................................10
DEPENDENT CARE ASSISTANCE ACCOUNT.........................................................................................................................10
ARTICLE 22.-OVERTIME................................................................................................................................... 10
ARTICLE 23.- PROBATIONARY PERIOD......................................................................................................... 10
Pagel
ARTICLE 24. - PROMOTIONS............................................................................................................................. 11
ARTICLE 25. - RETIREMENT.............................................................................................................................. 11
ARTICLE 26. -SHIFT DIFFERENTIAL................................................................................................................ 11
ARTICLE 27.- LEAVE-OF-ABSENCE WITH PAY.............................................................................................. 11
PERSONALLEAVE.........................................................................................................................................................11
ScheduledTime Off.......................................................................................................................................................12
Unscheduled Time Off 12
Personal Leave and Workers'Compensation Leave 12
PersonalLeave Payoff..................................................................................................................................................13
MaximumAccrual.........................................................................................................................................................13
SickLeave Bank............................................................................................................................................................13
JURYDUTY LEAVE........................................................................................................................................................13
WITNESSLEAVE............................................................................................................................................................13
MILITARYLEAVE..........................................................................................................................................................13
BEREAVEMENTLEAVE..............................................................................................................................................-14
ARTICLE 28.- LEAVE-OF-ABSENCE WITHOUT PAY...................................................................................... 14
SUBSTITUTION OF PAID LEAVE.................................................................................................................................14
PERMISSIBLE USES........................................................................................................................................................14
FMLALeave..................................................................................................................................................................14
CFRALeave..................................................................................................................................................................14
GENERALPROVISIONS.................................................................................................................................................14
Requests for FMLA and CFRALeave 14
Medical Certification 14
Medicaland Dental Premiums......................................................................................................................................14
Reinstatement................................................................................................................................................................14
Failureto Return to Work.............................................................................................................................................15
Bridgeof Service...........................................................................................................................................................15
DistrictEmployment of5pouses....................................................................................................................................15
Six-month Limit on Unpaid Leavesof-absence.............................................................................................................15
GENERALLEAVE...........................................................................................................................................................15
RETURN TO WORK POLICY FORNON-WORK-RELATED LEAVE.........................................................................15
COMPLIANCE WITH LAW.............................................................................................................................................15
ARTICLE 29.-CLASSIFICATION STUDIES....................................................................................................... 15
ARTICLE 30.. DRIVER'S LICENSE.................................................................................................................... 16
ARTICLE 31.- LAYOFF PROCEDURE............................................................................................................... 17
ARTICLE 32.- LIGHT DUTY................................................................................................................................ 17
ARTICLE 33.- MEDICAL EXAMINATION........................................................................................................... 17
ARTICLE 34.. MILEAGE ALLOWANCE............................................................................................................. 17
ARTICLE 35.-ACTING PAY............................................................................................................................... 17
ARTICLE 36.- PERFORMANCE REVIEWS........................................................................................................ 18
ARTICLE 37.- PERSONNEL FILES.................................................................................................................... 18
ARTICLE 38.. BULLETIN BOARDS................................................................................................................... 18
ARTICLE 39.- RELEASE TIME FOR MEET AND CONFER SESSIONS........................................................... 18
ARTICLE 40.- USE OF DISTRICTS' FACILITIES............................................................................................... 18
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ARTICLE 41. -SCOPE OF BARGAINING........................................................................................................... 19
ARTICLE 42. - IMPASSE PROCEDURES........................................................................................................... 19
ARTICLE 43.-SEVERABILITY........................................................................................................................... 19
ARTICLE 44.- UNIFORMS.................................................................................................................................. 19
ARTICLE 45.-SUBSTANCE ABUSE POLICY................................................................................................... 19
DEPARTMENT OF TRANSPORTATION REGULATIONS............. .....................................................................19
ARTICLE 46.- DUES DEDUCTIONS...................................................................................................................20
ARTICLE 47.-AGENCY SHOP...........................................................................................................................20
ARTICLE 48.- PEACEFUL RESOLUTION OF DISPUTES................................................................................22
ARTICLE 49.-SHIFT CHANGES........................................................................................................................22
RELIEFOPERATOR..............................................................................................................................................................22
SHIFT CHANGE-BIDDING PROCEDURE..................................................................................................................................22
REQUESTS FOR URGENCY TRANSFER...................................................................................................................................22
ARTICLE 50.-WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................23
ARTICLE51. - RESIGNATION.............................................................................................................................23
ARTICLE 52. -OPERATOR CERTIFICATION....................................................................................................23
SIGNATURE PAGE....................................................................................ERROR! BOOKMARK NOT DEFINED.
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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 Loral 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
This Agreement, effective November 29, 2002 is entered into between the Orange County Sanitation District,
referred to hereinafter as the District, and the International Union of Operating Engineers, Local 501,AFL-CIO,
referred to hereinafter as Local 501.
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
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 30,2007. This Agreement will 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 and ninety days prior to its expiration.
ARTICLE 3. - SUCCESSOR AGREEMENT
Each party will submit in writing its initial proposal for a successor agreement at least sixty days prior to the
expiration date of this Agreement.
ARTICLE 4. - LOCAL 501 ACCESS
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.
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 any changes in that list.
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
Loral 501 may designate 14 employees to act as stewards for employees covered by this Agreement. Local 501
will furnish the Director of Human Resources 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.
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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
Except as otherwise specifically provided in this Agreement or applicable laws, the District has and retains the
sole and exclusive rights and functions of management, including, but not limited to, the following:
1. To determine the nature and extent of services to be performed, as well as the right to determine and
implement its public function and responsibility.
2. To manage all facilities and operations of the District, including the methods, means and personnel by which
the District operations are to be conducted.
3. To schedule working hours and assign work.
4. To establish, modify or change work schedules or standards.
5. To direct the working forces, including the right to hire, promote, demote or transfer any employee.
6. To determine the location of all plants and facilities.
7. To determine the layout and the machinery, equipment or materials to be used.
8. To determine processes, techniques, methods and means of all operations, including changes or
adjustments of any machinery or equipment.
9. To determine the size and composition of the working force.
10. To determine policy and procedures affecting the selection or training of employees.
11. To establish, assess and implement employee performance standards, including, but not limited to,quality
and quantity standards;the assessment of employee performances;and the procedures for said
assessment.
12. To control and determine the use and location of District property, material, machinery or equipment.
13. To schedule the operation of and to determine the number and duration of shifts.
14. To determine safety, health and property protection measures.
15. To transfer work from one job to another or from one plant or unit to another.
16. To introduce new, improved or different methods of operations,or to change existing methods.
17. To lay off employees from duty for lack of work or lack of funds.
18. To reprimand, suspend, discharge or otherwise discipline employees for cause.
19. To establish and determine job classifications.
20. To promulgate, modify and enforce work and safety rules and regulations.
21. To take such other and further action as may be necessary to organize and operate the District in the most
efficient and economical manner and in the best interest of the public it serves.
22. To contract or subcontract construction, services, maintenance,distribution or any other work with outside
public or private entities.
23. Local 501 expressly and specifically agrees that except to the extent that the District rights are expressly
limited by the terms of this Agreement, Local 501 waives any and all of its rights to meet and confer on any
of the District's rights. If the exercise of these rights affects wages, hours or terms and conditions of
employment,the District may act to exercise its rights but will meet and confer on the effects of its actions.
24. To adopt rules, regulations and policies to implement and/or be in compliance with federal and state laws.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
There will be no unlawful discrimination in the application of the provisions of this Agreement with regard to race,
color, religion, national origin, ancestry, sex, sexual orientation, or veteran status. To the extent required by law
or by the District's rules or regulations,this provision of the Agreement will be applied to all members of the unit
without regard to marital status, handicap, medical condition, status as a disabled veteran, age or citizenship.
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ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
The District endorses and supports the right of all employees to work in a healthy and safe environment free of
recognized hazards. In view of the hazards associated with smoking, and the potentially harmful effect it has on
the health and well being of District employees and their families, smoking is not acceptable within District
facilities, and may occur only in outside areas not posted as no smoking.
ARTICLE 9. - SAFETY
It is the duty of the District to provide and maintain a safe place of employment. Loral 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.
The District will establish a Safety Committee that will include up to six 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 Loral 501 or the District.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
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.
2. Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the
District for just cause.
3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand,or written
reprimand.
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.
5. The Notice of Intent will contain the following: (1)a description of the disciplinary action intended and the
effective dale 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 business days of the date of
issuance of the notice. The Notice will also advise the employee of the right to representation.
6. Prior to the effective date of the proposed disciplinary action,the employee will be given an opportunity to
respond either verbally or in writing to a management representative with authority to make an effective
recommendation on the proposed action. After review of an employee's response,the District will notify the
employee in writing of the action that will be taken. Such action may not involve discipline more severe than
that described in the Notice of Intent; however,the District may reduce discipline without further notice.
Further clarification of the disciplinary policies and procedures are covered in the District's Human
Resources policies and procedures.
7. Dismissal will be preceded by at least one 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.
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 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
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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.
9. Disciplinary action documentation will be placed in an employee's Personnel File in the Human Resources
Office. Documentation regarding verbal reprimands and written reprimands may be removed from an
employee's personnel file twenty-four months subsequent to the date of the issuance provided that there has
been no recurrence of a similar incident during the period. If Human Resources 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 Office for the purpose of showing that progressive discipline has
been followed or in support of District proposed discipline.
10. Verbal reprimands, 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.
11. 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,
reduction from Step 6 to Step 5 pursuant to Article 13)will not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
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.
A grievance may be brought to the attention of the District by an individual employee within the Unit or by the
Loral 501. The District may not bring a grievance through this procedure. Grievances brought by two 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.
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 implies business
days.
Step 1. An employee who has a complaint will attempt to resolve it with his/her immediate supervisor
within five days of the occurrence of the event giving rise to the complaint, or within five 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 days.
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 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. 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.
The Department Head will respond in writing to the employee within ten days after the date the
grievance is received.
Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the Director of Human
Resources, or designee, for review and written response. The request for formal review must be
presented on a form provided by the District within ten 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
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will be fled with the Director of Human Resources. The Director of Human Resources, or designee,will
respond in writing to the employee within ten days after the date the grievance is received.
Step 4. If the grievance cannot be resolved under Step 3, it may be presented to the General Manager
within ten days from the date the Step 3 finding was issued. The General Manager, or designee,will
respond in writing to the employee within fifteen days after the date the grievance is received. The
decision of the General Manager is final.
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 Local 501,the Local 501 may designate one 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.
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
Director of Human Resources 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.
Resolution may be agreed upon at any stage of the grievance process. However,the Loral 501 will be notified
prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
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.
Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon as
possible. The supervisor will review the situation or decision, and provide a written response within five days
from the date they were notified of the problem.
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 within ten days of receipt of the supervisor's
decision. Upon request of either parry, a meeting may be held to define issues and establish remedies sought.
the Work Issues Committee, comprised of two management and two union representatives and chaired by the
Director of Human Resources, may be convened to cooperatively review and develop recommendations for
solution of work issues and problems. The employee raising the issue will be provided a written response within
ten days after his/her their 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 is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
Merit Pay Step System
Effective November 29, 2002, each pay grade will be divided into 6 steps with an approximate 4.6%difference
between each step.
Effective November 29, 2002, all active employees as of November 29, 2002 will be placed on the nearest step
so that no employee will experience a decrease in his/her hourly pay rate.
Employees hired on or before November 29, 2002 will be eligible for a step increase on the following dates for
the duration of this contract based on receiving a satisfactory or above performance review rating until they reach
step 5. Employees not receiving a satisfactory or above performance review will not be eligible for a merit based
salary adjustment.
• July 11, 2003
• July 9, 2004
• July 6, 2005
• July 7, 2006
Movement between step 5 to step 6 will be based on a"gatekeeper'factor.
• Gatekeeper factor
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Placement at step 6 of the salary range will require receipt of an above average or outstanding performance
review on an annual basis. Unit employees who are at step 6 of the range and who do not receive an above
average or outstanding performance review will be placed at step 5 of the range and will not be placed at
step 6 unless an above average or outstanding performance review is received in the following year.
A change from step 6 to step 5 will be reviewed and approved by the Human Resources Director or his/her
designee prior to implementation. An employee may appeal the change pursuant to the"appeal process"
provided for in the current review procedure for Local 501 employees.
Employees hired after November 29, 2002,will be eligible for a step increase based on the following schedule:
• Step 1 to 2: First pay period following six(6)months of service
• Step 2 to 3: First pay period following one(1)year of service at step 2
• Step 3 to 4: First pay period following one(1)year of service at step 3
• Step 4 to 5: First pay period following one(1)year of service at step 4
• Step 5 to 6: First pay period following one(1)year of service at step 5
Salary Structure Range Adjustment
Effective November 29, 2002,the current salary ranges will be increased by 1.24%. Base wages for all active
employees as of November 29,2002 will be adjusted by 1.24%. Salary ranges will be reviewed and updated
based on the 75' percentile, effective the first pay period after each fiscal year. A market study will be
conducted on or about July W of each year utilizing ranges in effect July 15% resulting in the following:
• This information will be discussed during a meet and confer process with management and business
representatives.
• Salary ranges will be adjusted based on the overall average of this market study to the hundredth
decimal place, not to exceed a 4.00%annual increase.
• Adjustments for the duration of the contract will be as follows:
o July 11, 2003
o July 9,2004
o July 8,2005
o July 7, 2006
• Base wages for all active employees as of the above dates will be adjusted accordingly.
Classification Pay Grade Adjustment
As part of the annual salary structure range adjustment process, each benchmark classification will be reviewed
to determine if any individual classifications need to have the pay grade adjusted based on the following criteria:
1. If a pay grade change is agreed upon for a specific classification,the District and Local 501 will review
other classifications that are linked to the specific classification (within the unit or comparable
classifications in other departments)to maintain the internal integrity of the district-wide salary range
structure.
In the event that a benchmark classification (and a classification"tied into"a benchmark classification)is five
percent(5.0%)or more below the aggregate average of all benchmark classifications, the parties agree to meet
and confer with respect to such classifications;the issues to be discussed are additional salary adjustments to
maintain the 7r percentile, "vertical"job series relationships, and"horizontal"job classification comparisons.
ARTICLE 14. - SEVERENCE PAY
Employees are expected to give a minimum of two 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 weeks prior to the effective separation date. In the event the District does
not give such notification, the employee will be entitled to severance pay in accordance with the formula set forth
below:
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1. Full-time, regular employees will be entitled to eight hours pay for each full calendar month of continuous
employment not to exceed one-hundred sixty hours pay.
2. Employees in limited term or part-time classifications, probationary employees and employees who are
separated for cause, are not eligible for severance pay under any circumstances.
ARTICLE 15. - DEFERRED COMPENSATION
Employees may participate in the District approved deferred compensation plan subject to all guidelines for
participation established by District's management.
ARTICLE 16. - HOLIDAYS
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, nine or ten hour shifts, Monday through Friday, will observe the
holidays listed in Schedule A. Employees who are assigned to twelve-hour shifts will observe the holidays as
listed in Schedule B. Full-time employees shall receive holiday pay if their entire scheduled work shift
immediately preceding and following the holiday are in a paid payroll status. 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 that
accumulate in excess of fifty hours of Holiday Compensatory Time Off shall be scheduled to take such excess
time off or be paid for the excess accumulated Holiday Compensatory Time Off at the convenience of the
District. Employees shall also receive overtime pay at the rate of one and one half times their regular hourly rate
for all hours actually worked.
HOLIDAY 2003 2004 2005 2006 2007
New Year's Day January 1 January 1 December 31 January 2 January 1
Lincoln's Birthday February 12 February 12 February 11 February 13 February 12
President's Day February 17 February 16 February 21 February 20 February 19
Memorial Day May 26 May 31 May 30 May 29 May 28
Independence Day July 4 July 5 July 4 July 4 July 4
Labor Day September 1 September 6 September 5 September 4 September 3
Veteran's Day November 11 November 11 November 11 November 10 November 12
Thanksgiving Day November 27 November 25 November 24 November 23 November 22
Day after Thanksgiving November 28 November 26 November 25 November 24 November 23
Day before Christmas December 24 December 23 December 23 December 25 December 24
Christmas December 25 December 24 December 26 December 26 December 25
Floating Holiday
SCHEDULE
HOLIDAY 2003 2004 2005 2006 2007
New Year's Day January 1 January 1 January 1 Januaryl January 1
Lincoln's Birthday February 12 February 12 February 12 February 12 February 12
President's Day February 17 February 16 February 21 February 20 February 19
Memorial Day May 26 May 31 May 30 May 29 May 28
Independence Day July 4 Jul 4 July 4 July 4 July 4
Labor Day September 1 September 6 September 5 September 4 September 3
Veteran's Day November 11 November 11 November 11 November 11 November 11
Thanksgiving Day November 27 November25 November24 November 23 November 22
Day after Thanksgiving November 28 November 26 November 25 November 24 November 23
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Dav before Christmas December 24 December 24 December 24 December 24 December 24
Christmas December25 December25 December25 December25 December25
Floating Holiday
" Employees may elect one day during each year as a"Floating Holiday",which new em�rloyees will accrue on
the following pro-rata basis their first calendar year of service: 1"quarter hire= 100%; 2n quarter hire=75%; 3
quarter hire= 50%;and 4"quarter hire= 0%. Such day must be used within the year it is accrued. Every effort
will be made to grant an employee's request for a"Floating Holiday"off providing sufficient notice is given.
ARTICLE 17. - HOURS OF WORK
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),five 8-hour days each workweek(10/80),
four 10-hour days each workweek(8/80), or three 12-hour days and one 4-hour day each workweek(7/80). The
starting and ending times of employees'workweeks may vary but will be subject to a bid agreement based on
seniority.The regular hours of work for each shift will be consecutive and will be posted. Current practices
regarding hours of work for Maintenance personnel and meals for Operations personnel will continue. The
regular hours of work for each shift will be consecutive, divided only by normal breaks or rest periods. Work
schedule and shift start and stop times will not be adjusted to avoid payment of overtime.
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.
Employees will be allowed a fifteen minute cleanup period prior to the end of each work shift,which will include
preparation of time cards where required. Employees may not avoid the cleanup period and end their shift
before its scheduled ending time.
Employees will receive rest periods not to exceed ten minutes no more than twice in an eight or nine hour shift or
three times for a shift of more than ten hours. Each shift will contain a minimum thirty-minute meal period for
every six 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 hours pay at the overtime rate.
Operations
For purposes of this Article,the day shift is defined as an assigned work shift of at least seven consecutive
hours, between 0600 hours and 1800 hours. The night shift is defined as an assigned work shift of at least
seven consecutive hours, between 1800 and 0600 hours.
Any employee who declares that an individual hardship exists should submit a request,to be excluded from the
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.
Maintenance
Maintenance: Except where otherwise provided below, the official workweek for full-time represented personnel
in Maintenance will be 40 hours per week. The workweek will consist of a four consecutive day work schedule
with ten consecutive daily hours in a workday with a %hour unpaid lunch.
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 a half times the regular rate of pay.
Any employee who declares that an individual hardship exists should submit a request,to be excluded from the
4/10 workweek,to the Human Resources Department. Human Resources will determine if there is a valid
employee hardship,on a case-by-case basis, and notify the Local 501 representative of the decision.
Co-Generation: For purposes of this Article,the day shift is defined as an assigned work shift of at least seven
consecutive hours, between 1000 hours and 2200 hours. The night shift is defined as an assigned work shift of
at least seven consecutive hours, between 2200 and 1000 hours.
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Any employee who declares that an individual hardship exists should submit a request to be excluded from the
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.
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
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, 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 will receive a minimum of
three hours of call back pay. The three hours minimum,whether or not actually worked,will 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
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 will first be made on
a voluntary basis. A volunteer standby list will be established by classification and job location. Standby
assignments will 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 will assign standby by job classification and
work location from employees who are competent and experienced on a rotational basis. An employee placed
on standby will be compensated at the rate of two hundred dollars per week, and will receive Call Back pay when
he/she is actually called to work.
ARTICLE 20. - INSURANCE
In January 2004,the District and Local 501 agree to reopen this Article for the purpose of developing cost
containment initiatives in the existing health plans and/or to change insurance carriers. Any changes must be
mutually agreed to by the parties. This reopener will not include the District's contribution rate set forth below.
The District will provide medical-health insurance coverage through both Health Maintenance Organizations and
an indemnity type group health plan, life insurance, and disability insurance for the benefit of full-time employees.
All insurance coverage will become effective on the first day of the month following date of hire, regardless of
hire dale. An open enrollment period will be held annually in the month of June.
A. Medical
Regular,full-time employees:
The District will contribute 90%of employee only premiums for the HMO medical health plans and will contribute
80%of employee only premiums for the POS medical health plans and 80%for employee +1 dependent and full
family premiums. 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 the plan. The new contribution rate will become effective July 1, 2004.
B. Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
C. Life Insurance
The District will pay the full premium for$50,000 term life insurance on each employee.
D. Short Term Disability
The District will provide a non-work related, short-term disability indemnity plan that pays up to$490 per week for
up to 26 weeks following a fourteen calendar day waiting period.
E. Long Term Disability
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 years of
service.
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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's paid Long Term Disability may purchase such coverage at their own expense.
F. Dental
The District will contribute 80%of employee only premiums for dental insurance and will contribute 80%of full
family premiums. This new contribution rate will become effective July 1, 2004.
G. Vision
The District will provide a vision insurance plan for regular,full-time employees and eligible dependents.
H. Retiring Employees
The District will pay,for employees hired prior to July 1, 1988,two and one-half months'premium for each year
of continuous service of a retiring employee towards the premium costs of coverage for the employee and
eligible dependents under the District's medical plan.
In the event the District adds additional optional insurance plans, the District's share of the premium 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.
The District will enter into an agreement with the Orange County Employee Retirement System (OCERS)to
implement the retiree medical health premium offset program established by the County of Orange wherein the
cost of health premiums are offset by$10 per month for every year of service up to a maximum of 25 years or
$250 per month.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
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 Office.
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/herself for payment of health care
costs not otherwise covered by his/her medical insurance.
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/herself for child care expenses or day
rare for a disabled dependent.
ARTICLE 22. - OVERTIME
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 40 hours in a seven(7)day workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
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 twenty-six weeks of employment without a break in service. Extended absence without pay, short-term
and long-term disability and Workers'Compensation leave does not provide an opportunity to judge an
employees'capability to meet performance expectations for a position,and thus the time spent on such leaves
will not be included towards completion of the probationary period and may result in an extension.
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Employees who are rehired following a break in service must complete a new probationary period whether or not
one was previously completed. An employee may be released during his/her Probationary Period at the
discretion of the District without recourse to the Grievance Procedure.
ARTICLE 24. - PROMOTIONS
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 on an open or reassignment basis. Whenever the
District intends to fill a position by promotion,the District will post the opportunity for a minimum of ten business
days. Employees must apply during the period of posting. Notices will be posted on bulletin boards within Plants
1 and 2.
A promoted employee will serve a promotional probationary period lasting at least until the first day of the pay
period 120-days after the effective date of the promotion. At any time during the promotional probationary
period, an employee may be returned to his/her previous position. The promotional probation period may be
extended by mutual agreement between the employee and District's management for up to ninety 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 twenty-six weeks after the effective date of the promotion.
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
The District will continue participation in the Orange County Employees Retirement System,wherein all full-time
employees are considered members. The retirement program in effect pursuant to the contract between OCERS
and the District as of December 2, 1977,will continue until June 30, 2005.
Effective July 1, 2005,the following change will occur:
1. The District will contract with the Orange County Employees Retirement System to provide the following new
benefit formula for all existing Tier II employees and any new employees, 2.5% @ 55 based on the highest
consecutive 36 months average earnings, past and future service.
2. Tier I employees will be allowed to make a one-time only decision to remain in the current Tier I program or
move to the new option. This decision must be made by June 1,2005.
The District will continue to pay 4.5%of an eligible employee's base salary towards the employee's contribution
to the Orange County Employees Retirement System through June 30,2005.
Effective July 1, 2005,the following change will occur:
1. The District will pay 3.5%of an eligible employee's base salary towards the employee's contribution to the
Orange County Employees Retirement System for all current employees converting to the new plan and any
new employees entering the system.
2. The District will continue to pay 4.5%of an eligible employee's base salary towards the employee's
contribution to the Orange County Employees Retirement System for all employees remaining in the Tier I
option.
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
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 will receive a shift differential of$2.50 per hour.
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY
PERSONAL LEAVE
Personal leave is provided to allow employees time off with pay for vacation, personal business and illness or
injury. Personal leave is accrued by full-time employees for all paid hours, including hours actually worked and
hours in a paid-leave payroll status,on a bi-weekly basis as follows:
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Years of Service Hours- Hours-Annual
Biweekly
In years 0 through 1 2.31 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 and over 8.46 220
* Only 60 hours may be taken in the first year; the 20 additional hours will be credited to the accrual balance
following successful completion of one year's service.
Scheduled Time Off
Management will make reasonable effort, considering the operational needs of the District, to accommodate all
employee requests for time off. Scheduled time off should normally be requested at least two weeks in advance
to increase the likelihood of those dates being approved. However, in the event unforeseen circumstances
prevent such advance notification, employees may request scheduled time off with as little as one day's notice.
Employees with at least one years service must request and take at least 40 hours off each year. Preference
among employees who request time off at least six months in advance will be based on seniority. Requests
received less than six months in advance will be scheduled in the order received. Personal leave may only be
reported in increments of one half hour or more.
Unscheduled Time Off
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,
except that two days of Personal Leave may be charged to Unscheduled Time Off each calendar year without
documentation. For all other days, employees may be required to submit medical documentation of their injury
or illness. It is the responsibility of District's management to control the potential abuse of unscheduled time off
privileges. Tardiness less than 15 minutes will not be deducted from the employees pay, but numerous
occurrences will be addressed through the progressive discipline procedures. Tardiness of one hour or more will
be considered an unscheduled occurrence.
An employee's attendance record will be reviewed with an employee after five separate occurrences of
unscheduled time off, including the two undocumented days referred to above and the use of sick leave time as
provided for under Sick leave Bank,to provide an opportunity to assess problems that could potentially lead to
disciplinary action. The accumulation of the sixth and seventh occurrence within a calendar year will result in a
verbal warning. The eighth occurrence will result in a written warning. Employees who are charged with ten
occurrences of absence within a twelve-month calendar period will be subject to termination. 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. Employees must notify
their supervisor prior to the start time of their shift when they are unable to report for work.
Employees returning from an extended leave should notify their supervisor as soon as possible to facilitate
personnel scheduling.
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 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 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.
Personal Leave and Workers' Compensation Leave
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
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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.
Personal Leave Payoff
Employees who terminate, retire or decease will be paid in full at their current rate of pay for all Personal Leave
hours accrued.
Maximum Accrual
Employees may have a maximum accumulation of 400 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 400 hours, it
must be used prior to said December date. All other remaining hours in excess of 400 will be paid to the
employee in the first pay period in January at the employee's then current hourly rate of compensation.
Sick Leave Bank
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, or to attend to the
illness or injury of an immediate family member. Employees who retire or decease will be paid at the 50 percent
rate for all banked sick leave hours;an employee who terminates will be compensated for banked sick leave as
follows:
Banked Sick Leave Hours Rate of Payoff
0— 100 0 percent
101 —240 25 percent
241 —560 35 percent
Over 560 50 percent
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.
JURY DUTY LEAVE
Employees called for jury duty will be granted a leave of absence for the actual time spent on jury service up to a
maximum of twenty-two days. Employees who work other than the day shift who are called for jury duty will be
considered on day shift for the duration of their jury service for purposes of this provision. If a portion of that shift
should fall on a weekend or other day the employee is not required to be present in court, the employee will be
expected to work. A copy of the jury notice must be provided to the employee's supervisor and the Human
Resources Department. Employees must report for work during their regularly scheduled work shift when they
are relieved from jury duty, unless there is less than %of their regular shift remaining
WITNESS LEAVE
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 request on a "Request for Leave"form approved by his/her Supervisor and the Director
of Human Resources, be entitled to the time necessary to comply with such subpoena, provided any fees
received for such service, exclusive of mileage,are submitted to the District for deposit in the General Fund of
the District.
An employee so subpoenaed must submit a copy of the subpoena with his/her time sheet in order to be eligible
for pay for such absence. To be entitled to receive regular pay for such witness leave,the employee must report
for work at the District for time not actually retained on witness service of one(1)hour or more prior to and/or
upon completion of each day's service, exclusive of travel time.
MILITARY LEAVE
A request for military leave will be made upon leave-of-absence fors approved by the Director of Human
Resources and will state the date when it is desired to begin the leave-of-absence and the date of anticipated
return. A copy of the orders requiring such military service will be submitted with the request.
Provisions of the Military and Veterans Code of the State of Califomia, Sections 395-395.5 will govern military
leave. In general,current law provides that an employee having one year or more service with a public entity is
entitled to military leave with pay not exceeding 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
Page 13
without pay, not exceeding 17 calendar days per year,although the employee may, at his or her option, elect to
use vacation 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.
BEREAVEMENT LEAVE
Using the prescribed forms, approved by Human Resources,any full-time employee,whether probationary or
regular,will receive a maximum of 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,father-in-law, mother, mother-in-law, brother,
sister, husband,wife, child,stepchild,grandchild,grandparent,foster parent, foster child, legal guardian, or any
family member with whom the employee resides.
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
It is the policy of the District to grant employees extended leave-of-absences under certain circumstances.
Except as stated below, employees will not receive compensation during a leave-of-absence.
Using the prescribed forms, approved by the Director of Human Resources, any full-time, including probationary,
or part-time employees with at least 52 weeks of service and at least 1,250 hours of service, may be granted an
FMLA or CFRA leave-of-absence without pay, not to exceed 12 weeks in a twelve(12)month calendar period. 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 consecutive working days,or for absences of ten working
days or more when using paid sick leave accruals.
SUBSTITUTION OF PAID LEAVE
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 vacation and other accruals, except sick leave accruals, before unpaid
leave is granted. Vacation, personal leave and sick leave credit will not accrue during any pay period that an
employee is absent without pay for more than one day.
Personal leave accruals may be used for the care of the employee's father,father-in-law, mother, mother-in-law,
brother, sister, husband, wife, child, step-child,grandchild, grandparent, legal guardian, or any family member
with whom the employee resides.
PERMISSIBLE USES
FMLA Leave
Unpaid FMLA leave may be used for 1)child care following the birth or placement of a child, 2)the care of a
father,father-in-law, mother, mother-in-law, brother, sister, husband,wife, child, step-child, grandchild,
grandparent, legal guardian, or any family member with whom the employee resides who has a serious health
condition,as defined in the Act;and, 3)for 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.
CFRA Leave
Unpaid CFRA Leave may be used for: 1)the same purposes as FMLA Leave, and will run concurrently except
that 2)an employee's incapacity due to pregnancy is not eligible for CFRA Leave. However, such incapacity
may entitle an employee to up to four months of pregnancy disability leave,with medical approval, plus another
12 weeks of FMLA Leave, to care for the child, in a 12-month period.
GENERAL PROVISIONS
Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable,the District requests 30 days advance notice.
Medical Certification
As a condition of FMLA or CFRA Leave because of a serious health condition,the District may require
certification by a health care provider.
Medical and Dental Premiums
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.
Reinstatement
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.
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Failure to Return to Work
If, upon the expiration of FMLA or CFRA Leave, or any District-approved extension thereof,an employee fails to
return to work, the employee will be considered to have automatically resigned from his/her position. The District
will review vacancies to determine whether or not a vacant position exists that the employee is qualified to
perform with or without reasonable accommodation. If the employee is still unable to perform the essential
duties of his/her position,the employee will be considered to have automatically resigned from his/her position,
unless eligible for disability retirement.
Bridge of Service
If an employee is forced to automatically resign from his or her position as a result of a bona-fide injury or illness,
and then is rehired to a position within the District within one 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.
District Employment of Spouses
Marred employees will be limited to a total of 12 weeks FMLA or CFRA Leave in a 12 month calendar period for
the care of a parent or newly born or placed child.
Six-month Limit on Unpaid Leaves-of-absence
In no event will a combination of authorized leave-of-absences,whether paid or unpaid, exceed six months in a
24 month period unless required by the FMLA, CFRA or other law.
GENERAL LEAVE
Subject to Section Six-Month Limit on Unpaid Leaves of Absence above, employees may be granted a general
leaveof-absence to attend to personal matters,or for FMLA or CFRA qualifying events after the expirations of
previously authorized leave, if the Director of Human Resources determines that an extended period of time
away from the job will be in the best interests of the employee and the District.
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.
RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE
An employee who has been absent from work due to a medical, non-work-related reason will be subject to a
Retum-to-Work medical evaluation.
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)and the employee is willing to return to work, placement in an alternative position, if available,will be
considered. The employee will be re-classified as medically disqualified while alternative positions are being
considered. Such time off will be without pay; however, the employee may elect to use accrued leave hours,
such as vacation, sick or personal, to receive compensation. Placement of an employee in an alternative
position requires a pre-placement medical evaluation for the alternative job.
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 American with Disabilities Act)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.
COMPLIANCE WITH LAW
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
An employee who believes his/her position is not properly classified may submit a written request o 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 Director of Human Resources 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.
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All classification study findings regarding existing classifications are subject to approval by the General Manager;
findings recommending a new job classification range are subject to approval by the District's Board of Directors.
The recommendations of the classification study will be implemented in the first pay period immediately following
the completion of the study unless the recommendations require action by the Board of Directors prior to
implementation. In such event, the recommendations will be implemented in the first pay period immediately
following authorization by the Board.
Y-Rating
In the event the duties and responsibilities of a position are allocated to a lower paid classification, the salary of
the incumbent of that position will remain unchanged (Y-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
Y-rating based on the above schedule will be granted for all reclassifications where employees are working in a
job classification with a lower maximum rate of pay.
The Y-rate will remain in effect until the salary range for the new classification equals or exceeds the employee's
Y-rated salary,or until the tens 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 will 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.
Z-Rating
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.
If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,the
employee's salary will be placed at the step of the new range that is nearest a one-step increase.
Hazardous Assignments
On or about October 1,2003, the District and Local 501 agree to meet and confer on the issue of hazardous
assignments. Topics to be discussed include: 1)personnel assigned to hazardous activities; 2)mandatory
versus voluntary assignments to hazardous activities; and, 3) maintaining standards and qualifications
prescribed in job specifications. Nothing in this reopener provision shall require the District to implement a
hazardous pay program during the term of this MOU.
ARTICLE 30. - DRIVER'S LICENSE
Employees who are required by the District to drive must notify their supervisor and the Human Resources Office
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.
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.
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.
Page 16
ARTICLE 31. - LAYOFF PROCEDURE
Employees hired prior to December 1, 1999,who continue to perform their duties satisfactorily,will not be laid off
for lack of work or lack of funds from the effective date of this contract through October 30, 2002. 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.
The layoff procedure outlined below will be followed if the District finds it necessary to lay off personnel who were
hired after December 1, 1999 and for any layoffs which occur after November 1, 2002.
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 Local 501 and employees subject to lay off will be provided with at least two weeks
notification in writing whenever possible.
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 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.
Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for
a period of two 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 days,or the offer will be made to the next person on the list. An individual who either does
not respond or refuses three consecutive offers will have his/her name removed from the list.
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
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
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
Approved use of a personal vehicle for District business will be reimbursed at the current IRS rate.
ARTICLE 35. -ACTING PAY
Employees who are assigned by District's management to perform the duties of an open, budgeted position at a
higher level for a period of at least 100 consecutive hours will be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater. The higher rate of pay begins with
the 101r hour and continues until the assignment ends or the six 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 Human Resources. The 100-hour eligibility period may be
waived at the discretion of the General Manager.
Page 17
SUBSTITUTION PAY
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.
Operations
If a 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 Senior Plant Operator will be paid equal to a one step salary increase or the first step of the
Operations Supervisor pay range, whichever is greater.
Maintenance
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 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
The District and Local 501 hereby agree that ratification of this agreement by the Board of Directors will resolve
any and all outstanding issues associated with the performance-based plan Side Letter of Understanding agreed
to in April 2001. Therefore,the conversion of"non-base building"increases to"base building"increases
associated with the implementation of the performance-based plan and outcomes of the District's Classification
and Compensation Study will not be implemented for July 2001.
ARTICLE 37. - PERSONNEL FILES
Employees have the right to inspect their Personnel File in the Human Resources Office 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. 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
The Local 501 may use the bulletin boards located at Plant 1 and Plant 2 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 Local 501 will remove its notices after a reasonable length of time; and (d)only
a reasonable number of notices will be posted.
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
A maximum of six 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.
The LOCAL 501 will provide the Director of Human Resources with the names of employees requiring meet and
confer release time in advance of the meet and confer process. Release time will be limited exclusively to the six
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 DISTRICTS' FACILITIES
District facilities may be used by the Local 501 with prior notice to the Director of Human Resources for the
purpose of holding meetings,to the extent that such use does not interfere with normal District operations. The
LOCAL 501 agrees to pay for the cost of any additional custodial or security services.
Page 18
ARTICLE 41. - SCOPE OF BARGAINING
The District and the 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 any subject or
matter not removed by law from the area of the meet and confer process, and the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are contained in this
Agreement. Therefore,the District and the Local 501, for the term of this Agreement,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
If either the District or Local 501 declares that an impasse exists in the meet and confer process, the parry 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 14 calendar days or as soon as practicable to:
a) Review the position of the parties in a final effort to reach agreement on a memoranda of understanding, and
b) If the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined herein.
Impasse Procedures are:
Mediation: If the parties mutually agree to submit the dispute to the State Mediator and Conciliation
Service all mediation proceedings will be private and as soon as practicable. The mediator will make no
public recommendation, nor take any public position at any time concerning the issues.
Fact-Finding: 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 will be mutually shared by the Districts and Local 501.
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
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 Districts,the Districts and the 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
The District will provide and maintain ten uniform pants and shirts,which may include the name of the employee
and District's seal, at no cost to appropriate Operations and Maintenance personnel.
The District will also provide each field employee with a jacket. The District will provide for the cleaning of the
jacket, and will determine when the jacket needs to be replaced.
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
The District's Drug and Alcohol Policy will apply to all unit members.
Department of Transportation Regulations
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
Page 19
or controlled substances testing conducted under the Substance Abuse and Alcohol Misuse Plan complies with
the procedures set forth in CFR Part 40.
ARTICLE 46. - DUES DEDUCTIONS
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 fled by the end of the pay period prior to the
period for which the deduction is requested.
The District will provide the Local 501 a monthly list of the names and social security numbers of those
employees for whom it has made deductions. In addition, the District will provide the names and addresses of
new employees and the names of employees who have terminated within the previous month.
ARTICLE 47. -AGENCY SHOP
SIDE LETTER OF AGREEMENT BETWEEN
OPERATING ENGINEERS LOCAL 501
AND
ORANGE COUNTY SANITATION ('DISTRICT')
CONCERNING AGENCY SHOP
1. Legislative Authority
The parties mutually understand and agree that as a result of State of California adoption of SB 739, all
full-time unit employees represented by 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 either join the Union or pay to the Union a service
fee 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.
2. Union Dues/Service Fees
(a) Effective November 16, 2001,the Human Resources Department shall provide all current
employees and any employees hired thereafter with 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 either join 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 14
calendar days from the date they receive the form to fully execute it and return it to Human
Resources.
(b) If the form is not completed properly and returned within 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.
(c) The employee's eamings 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.
3. Religious Exemption
(a) 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
Page 20
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, or agency
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.
(b) Declarations of or applications for religious exemption and any other supporting documentation
shall be forwarded to the Union within 14 calendar days of receipt by the District. The Union
shall have 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.
4. Rescission
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:
(a) A request for such a vote is supported by a petition containing the signatures of at least 30
percent of the employees in the unit.
(b) The vote is by secret ballot;
(c) 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 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.
(d) 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.
5. Records
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 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.
6. Indemnification
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.
7. Election
Prior to the implementation of this provision,the California State Mediation and Conciliation Service shall
conduct a secret ballot election to be held on September 11 and 13, 2001. All eligible unit members
shall be allowed to participate in the voting, irrespective of current membership in the union. Ballots shall
be counted at the conclusion of the September 13, 2001 balloting.
8. Board Approval
If the foregoing Agency Shop provisions are approved by the employees on September 13,2001,then
authorization to approve this Side Letter of Agreement shall be submitted to the District Board of
Directors at its next regular meeting.
Page 21
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
During the term of this MOU, 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 Unit, and Local 501 agrees that it will neither advocate, encourage or participate in
any 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
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.
Relief Operator
When Plant Operators, Senior Plant Operators or Power Plant Operator series are assigned to Relief Operator
positions, they will be entitled to$1.25 per hour premium.
Except in emergencies, an employee will be notified of a change in his/her work schedule at least 48 hours in
advance of such change, preferably seven calendar days in advance of such change. In the event that notice is
under 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.
It will be the intent of Management that relief employees will receive two consecutive days off and will only be
subject to split days off when schedule changes occur.
Shift change-bidding procedure
The District will mail (e-mail is acceptable)a shift change request form to employees in appropriate
classifications every six months. Any employee who wishes to be assigned to a different shift,and who is
qualified for that shift, may indicate his/her preference for reassignment on the Shift Change Request Form. The
shift change request form must be returned within 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 months to fill vacant positions. A new employee or a promoted
employee may request to the Human Resources Office to be added to the current list within two weeks of his/her
start date (new employee)or of being notified of the promotion.
When the District intends to fill an open position,the following steps will be followed:
a) The District will notify the most senior employee on the Shift Change Request list of the availability of the
open position.
b) Within two 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.
c) If the most senior employee rejects the position,the position will be offered to the next most senior employee
on the list.
d) The process will be repeated until the position is filled or the list is exhausted.
If an employee declines a shift change offer, or does not notify the Human Resources Office within the two
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
business days.
Requests for urgency transfer
On occasion, an employee may wish to initiate a transfer to a different shift or plant in response to a personal
situation beyond his/her immediate control. Management will make a reasonable effort to accommodate such
requests, considering the operational needs of the District, in accordance with the following guidelines:
1. 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.
Page 22
2. 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.
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
The District's Workplace Violence and Weapons Policy will apply to all unit members.
ARTICLE 51. - RESIGNATION
Voluntary written termination of employment with the District is irrevocable after 72 hours from the receipt of the
resignation except by approval of the Director of Human Resources.
ARTICLE 52. - OPERATOR CERTIFICATION
All employees assigned to the 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.
The District will notify the Office of Operator Certification in writing within 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.
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 Office within 10
business days of employment. Operators-in-Training who do not receive their Grade I Certificate within three
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.
During the term of this MOU, the District and Local 501 agree to meet and confer on the issue of operator
certification and certificate pay for the achievement of higher levels of certification. Topics to be discussed
include: 1)certification requirements; 2)treatment plant classification; 3)grades of operator certification for the
operation of wastewater treatment plants;and,4)certificate pay for the achievement of certification levels over
the minimum required for appointment to a classification.
Page 23
2002-2007
MEMORANDUM OF UNDERSTANDING BETWEEN
ORANGE COUNTY SANITATION DISTRICT AND
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 501,AFL/CIO
FOR THE OPERATIONS AND MAINTENANCE UNIT
Executed: C)c&6w 15, sC'�u.l
Signature page
INTERNATIONAL UNION OF OPERATING ORANGE COUNTY SANITATION DISTRICT
ENGINEERS, LOCAL 501,AFL CIO
J' McLaughlin, Business Blake P. Ander on, General Manager
'
Do a , President Steve Filarsky, CWf Negotiat
Larry EXIson, Vioe-President Lisa L. Tomko, Director of Human Resources
px-Az/� � � ag �, I
David Hammon, Business Representative 3eff Re um n Resources Manager
� ..,o Cdt
M rk utz, h f Steward Collins, Principal Human Resources Analyst
1nn n Coll
�
Bernie DeAnda, Negoti in am
Steve ell in earn
:)9 va'
Dave Usher,
Usher, Negotiating Team
JddVallone, Negotiating Team
ff o ard, Negouang TeamTeam
Page 24
OPERATIONS AND MAINTENANCE PAY GRADES
PAY NOVEMBER 29,2002 JULY 11,2003
LASSIFICATION GRADE MIN MID MAX MIN MID MAX
MMS Technician ll 75 $27.868 $31,351 $34.835 $28.874 $32,483 $36,092
eatl Electrical Technician 75 $27.868 $31.351 $34.835 $28.874 $32.483 $36.092
eatl Instrumentation Technician 75 $27.868 $31.351 $34.835 $28.874 $32.483 $36.092
eatl Power Plant Operator 75 $27.868 $31.351 $34.835 $28.874 $32.483 $36.092
MMS Technician 71 $25,246 $28,402 $31.558 $26,155 $29,425 $32.694
Electrical Technician ll 71 $25.246 $28.402 $31.558 $26.155 $29.425 $32.694
Instrumentation Technician ll 71 $25.246 $28.402 $31.558 $26.155 $29.425 $32.694
Lead Mechanic 71 $25.246 $28.402 $31.558 $26.155 $29.425 $32.694
Lead Welder/Fabrcator 71 $25,246 $28,402 $31.558 $26.155 $29,425 $32.694
Power Plant Operator 11 71 $26.246 $28.402 $31.558 $26.155 $29.426 $32.694
Senior Plant Operator 71 $25.246 $28.402 $31.558 $26.155 $29.425 $32.694
Machinist 68 $23.442 $26.372 $29.302 $24.286 $27.322 $30.358
Automotive/Heavy Equipment Technician 67 $22.874 $25,733 $28.592 $23,700 $26,663 $29.625
Equipment Operator 67 $22.874 $25.733 $28.592 $23.700 $26.663 $29.625
Senior Mechanic 67 $22.874 $25.733 $28.592 $23.700 $26.663 $29.625
elder/Fabricator 67 $22.874 $25.733 $28,592 $23.700 $26.663 $29.625
Lead Facilities Worker 66 $22.315 $25,105 $27,894 $23.123 $26,013 $28.904
Plant Operator 66 $22.816 $25.105 $27.894 $23.123 $26.013 $28.904
Power Plant Operator 1 66 $22.315 $25.105 $27.894 $23.123 $26.013 $26.904
Electrical Technician l 65 $21.771 $24.492 $27,213 $22.555 $25.375 $28.194
Insimmentatlon Technician l 65 $21,771 $24,492 $27,213 $22,555 $25,375 $28.194
Senior Maintenance Worker 64 $21.240 $23.895 $26.550 $22.006 $24.757 $27.508
Facilities WorkedBuilder 62 $20.215 $22.742 $25.269 $20.945 $23.663 A$24
Facilities Worker/Painter 62 $20.215 $22.742 $25.269 $20.945 $23.563
Mechanic 61 $19.722 $22.187 $24.652 $20.432 $22.986 Maintenance Worker 60 $19.242 $21.847 $24.052 $19.936 $22.431 ontrol Center Technician 58 $18.318 $20.608 $22.898 $18.978 $21.351 OperatorInTraiing58 $18.318 $20.608 $22.898 $18'71 $21.351
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
November 29, 2002 through June 30, 2007
TABLE OF CONTENTS
ARTICLE 1. - RECOGNITION................................................................................................................................2
ARTICLE 2. -DURATION.......................................................................................................................................2
ARTICLE 3. -SUCCESSOR AGREEMENT...........................................................................................................2
ARTICLE4. -OCEA ACCESS...............................................................................................................................2
ARTICLE S. -OCEA RIGHTS.................................................................................................................................2
ARTICLE 6. -DISTRICT RIGHTS..........................................................................................................................2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT....................................................................................2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT.........................................................................................3
ARTICLE9. -SAFETY...........................................................................................................................................3
ARTICLE 10.- DISCIPLINE AND DISMISSAL......................................................................................................3
ARTICLE 11.-GRIEVANCE PROCEDURE..........................................................................................................4
ARTICLE 12.- PROBLEM SOLVING PROCEDURE............................................................................................5
ARTICLE 13.-SALARY ADJUSTMENTS AND COMPENSATION .....................................................................5
ARTICLE 14.-SEVERANCE PAY.........................................................................................................................6
ARTICLE 15.- DEFERRED COMPENSATION.....................................................................................................7
ARTICLE 16.- HOLIDAYS.....................................................................................................................................7
ARTICLE 17.- HOURS OF WORK........................................................................................................................7
ARTICLE 18.-CALL-BACK PAY..........................................................................................................................8
ARTICLE 19.-STANDBY PAY..............................................................................................................................8
ARTICLE 20.- INSURANCE..................................................................................................................................8
MEDICAL...............................................................................................................................................................8
LIFE......................................................................................................................................................................8
SHORT TERM DISABILITY....................................................................................................................................... S
LONGTERM DISABILITY......................................................................................................................................... 8
DENTAL................................................................................................................................................................ 8
VISION 8
RETIRING EMPLOYEES 9
ARTICLE 21.- REIMBURSEMENT ACCOUNT.....................................................................................................9
GROUP INSURANCE PREMIUMS 9
MEDICAL CARE REIMBURSEMENT ACCOUNT 9
DEPENDENT CARE ASSISTANCE ACCOUNT.............................................................................................................9
ARTICLE 22.-OVERTIME.....................................................................................................................................9
ARTICLE 23. - PROBATIONARY PERIOD...........................................................................................................9
ARTICLE 24. - PROMOTIONS............................................................................................................................. 10
Pagel
ARTICLE 25.- RETIREMENT.............................................................................................................................. 10
ARTICLE 26.-SHIFT DIFFERENTIAL................................................................................................................ 10
ARTICLE 27.- LEAVE-OF-ABSENCE WITH PAY.............................................................................................. 10
VACATION LEAVE 10
SICK LEAVE 11
JURYDUTY LEAVE.......................................................................................................................................... 12
WITNESSLEAVE............................................................................................................................................. 12
MILITARYLEAVE............................................................................................................................................. 12
BEREAVEMENT LEAVE.................................................................................................................................. 12
ARTICLE 28.- LEAVE-OF-ABSENCE WITHOUT PAY...................................................................................... 13
SUBSTITUTION OF PAID LEAVE.................................................................................................................... 13
PERMISSIBLE USES ....................................................................................................................................... 13
FMLALeave................................................................................................................................................. 13
CFRALeave................................................................................................................................................. 13
GENERAL PROVISIONS 13
Requests for FMLA and CFRA Leave 13
MedicalCertifica0on..................................................................................................................................... 13
Medical and Dental Premiums...................................................................................................................... 13
Reinstatement............................................................................................................................................... 13
Failureto Return to Work.............................................................................................................................. 13
Bridgeof Service.......................................................................................................................................... 14
District Employment of Spouses................................................................................................................... 14
Six-month Limit on Unpaid Leaves-of-absence............................................................................................ 14
GENERALLEAVE 14
RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE............................................................... 14
COMPLIANCE WITH LAW................................................................................................................................ 14
ARTICLE 29.-CLASSIFICATION STUDIES....................................................................................................... 14
ARTICLE 30: DRIVER'S LICENSE..................................................................................................................... 15
ARTICLE 31.- LAYOFF PROCEDURE............................................................................................................... 15
ARTICLE 32.- LIGHT DUTY................................................................................................................................ 16
ARTICLE 33.- MEDICAL EXAMINATION........................................................................................................... 16
ARTICLE 34.-MILEAGE ALLOWANCE............................................................................................................. 16
ARTICLE 35.-ACTING PAY............................................................................................................................... 16
ARTICLE 36.- PERFORMANCE REVIEWS........................................................................................................ 16
ARTICLE 37.- PERSONNEL FILES.................................................................................................................... 16
ARTICLE 38.. BULLETIN BOARDS................................................................................................................... 17
ARTICLE 39.- RELEASE TIME FOR MEET AND CONFER SESSIONS...........................................................17
ARTICLE 40.- USE OF DISTRICT FACILITIES.................................................................................................. 17
ARTICLE 41.-SCOPE OF BARGAINING........................................................................................................... 17
ARTICLE 42.- IMPASSE PROCEDURES........................................................................................................... 17
ARTICLE 43.-SEVERABILITY........................................................................................................................... 17
ARTICLE44.-UNIFORMS.................................................................................................................................. 18
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ARTICLE 45.-SUBSTANCE ABUSE POLICY................................................................................................... 18
DEPARTMENT OF TRANSPORTATION REGULATIONS............................................................................................... 18
ARTICLE 46.- DUES DEDUCTIONS................................................................................................................... 18
ARTICLE47.......................................................................................................................................................... 18
ARTICLE 48.- PEACEFUL RESOLUTION OF DISPUTES................................................................................ 18
ARTICLE49.......................................................................................................................................................... 18
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................ 18
ARTICLE 51. - RESIGNATION............................................................................................................................. 18
ARTICLE52.......................................................................................................................................................... 18
SIGNATUREPAGE.............................................................................................................................................. 19
EXHIBIT"A."CLASSIFICATION &SALARY RANGE GUIDE...........................................................................20
Page!!I
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 Districts 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
This Agreement, effective November 29, 2002, 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
OCFA."
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
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, 2007.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 and ninety days prior to its expiration.
ARTICLE 3. - SUCCESSOR AGREEMENT
Each party shall submit in writing its initial proposal for a successor agreement at least sixty days prior to the
expiration date of this Agreement.
ARTICLE 4. - OCEA ACCESS
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.
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.
OCEA access shall not interfere with the District's operations, or with the work of employees in any manner. The
District reserves the right to restrict access in certain areas designated as confidential or secure.
ARTICLE 5. - OCEA RIGHTS
The OCEA may designate employees to act as representatives for employees covered by this Agreement. The
OCEA shall furnish the Director of Human Resources 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.
Page 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
Except as otherwise specifically provided in this Agreement or applicable laws, the District has and retains the
sole and exclusive rights and functions of management, including, but not limited to, the following:
1. To determine the nature and extent of services to be performed, as well as the right to determine and
implement its public function and responsibility.
2. To manage all facilities and operations of the District, including the methods, means and personnel by which
the District's operations are to be conducted.
3. To schedule working hours and assign work.
4. To establish, modify or change work schedules or standards.
5. To direct the working forces, including the right to hire, promote, demote or transfer any employee.
6. To determine the location of all plants and facilities.
7. To determine the layout and the machinery, equipment or materials to be used.
8. To determine processes, techniques, methods and means of all operations, including changes or
adjustments of any machinery or equipment.
9. To determine the size and composition of the working force.
10. To determine policy and procedures affecting the selection or training of employees.
11. To establish, assess and implement employee performance standards, including, but not limited to,quality
and quantity standards;the assessment of employee performance; and the procedures for said assessment.
12. To control and determine the use and location of District property, material, machinery or equipment.
13. To schedule the operation of and to determine the number and duration of shifts.
14. To determine safety, health and property protection measures.
15. To transfer work from one job to another or from one plant or unit to another.
16. To introduce new, improved or different methods of operations, or to change existing methods.
17. To layoff employees from duty for lack of work or lack of funds.
18. To reprimand, suspend, discharge or otherwise discipline employees for cause.
19. To establish and determine job classifications.
20. To promulgate, modify and enforce work and safety rules and regulations.
21. To take such other and further action as may be necessary to organize and operate the District in the most
efficient and economical manner and in the best interest of the public it serves.
22. To contract or subcontract construction, services, maintenance,distribution or any other work with outside
public or private entities.
23. OCEA expressly and specifically agrees that except to the extent that the District's rights are expressly
limited by the terms of this Agreement, OCEA waives any and all of its rights to meet and confer on any of
the District's rights. If the exercise of these rights affects wages, hours or terms and conditions of
employment,the District may act to exercise its rights but shall meet and confer on the effects of its actions.
24. To adopt rules, regulations and policies to implement and/or be in compliance with federal and state laws.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard to
race, color, religion, national origin, ancestry, sex, sexual orientation, or veteran status. To the extent required
by law or by the District's rules or regulations, this provision of the Agreement shall be applied to all members of
the unit without regard to marital status, handicap, medical condition, status as a disabled veteran,age or
citizenship.
Page 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
The District endorses and supports the right of all employees to work in a healthy and safe environment free of
recognized hazards. In view of the hazards associated with smoking and the potentially harmful effect it has on
the health and well being of District employees and their families, smoking is not acceptable within District
facilities, and may occur only in outside areas not posted as no smoking.
ARTICLE 9. - SAFETY
It is the duty of the District to provide and maintain a safe place of employment. OCEA shall cooperate by
encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all
employees covered by this Agreement, in the course of performing their assigned duties,to be alert to unsafe
practices,equipment, and conditions, and to follow the safety regulations and requirements of the District, and to
report any unsafe practices or conditions to their immediate supervisors. An employee shall not be required to
perform work that is unsafe.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
1. Discipline may occur when any of the following actions are taken forjust 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.
2. Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the
District for just cause.
3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
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.
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 business days of the date of issuance
of the notice. The Notice shall also advise the employee of his or her right to representation.
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 Human
Resources policies and procedures.
7. Dismissal shall be preceded by at least one 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 warnings.
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 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
Page 3
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.
9. Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources
Office. Documentation regarding verbal and written reprimands may be removed from an employee's
personnel file twenty-four 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 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 Office for the purpose of showing that progressive discipline has
been followed or in support of the District's proposed discipline.
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.
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,
reduction from Step 6 to Step 5 pursuant to Article 13 shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
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.
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 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.
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.
Step 1. An employee who has a complaint shall attempt to resolve it with his or her immediate supervisor within
five days of the occurrence of the event giving rise to the complaint,or within five days from the time that the
employee became aware of such event. The supervisor shall attempt to resolve the issues surrounding the
complaint, and respond to the employee within five days.
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 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.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 slate 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.
The Department Head shall respond in writing to the employee within ten days after the date the grievance is
received.
Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the Director of Human Resources,
or designee, for review and written response.The request for formal review must be presented on a form
provided by the District within ten 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. The Director of Human Resources or designee shall respond in writing to the employee
within ten days after the date the grievance is received.
Step 4. If the grievance cannot be resolved under Step 3, it may be presented to the General Manager within
ten days from the date the Step 3 finding was issued. The General Manager, or designee,shall respond in
writing to the employee within fifteen days after the dale the grievance is received.Appeal to the General
Manager is the final step in the Grievance Procedure.
Page 4
General Provisions: An employee shall be given reasonable time off without loss of pay to present and process
a grievance. If an employee is represented by the OCEA,the OCEA may designate one employee to present
and process the grievance. The employee representative shall be given reasonable time off without loss of pay
to perform this responsibility. Absence from work shall be approved only if it does not cause disruption to District
operations. However, if the time requested cannot be provided, an alternate time shall be arranged.
Failure of a supervisor, Department Head or other 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 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.
Resolution may be agreed upon at any stage of the grievance process. However,the OCEA shall be notified
prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
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.
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.
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 within ten days of receipt of the supervisor's
decision. Upon request of either parry, a meeting shall be held to define issues and establish the remedies
sought. The employee shall be provided a written response within ten 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 is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
Merit Pay Step System
Effective November 29, 2002, each pay grade will be divided into 6 steps with an approximate 4.6%difference
between each step.
Effective November 29, 2002, all active employees as of November 29, 2002 will be placed on the nearest step
so that no employee will experience a decrease in his/her hourly pay rate.
Employees hired on or before November 29, 2002 will be eligible for a step increase on the following dates for
the duration of this contract based on receiving a satisfactory or above performance review rating until they reach
step 5. Employees not receiving a satisfactory or above performance review shall not be eligible for a merit
based salary adjustment.
• July 11, 2003
• July 9, 2004
• July 8, 2005
• July 7, 2006
Movement between step 5 to step 6 will be based on a"gatekeeper'factor.
• Gatekeeper factor
Placement at step 6 of the salary range will require receipt of an above average or outstanding performance
review on an annual basis. Unit employees who are at step 6 of the range and who do not receive an above
average or outstanding performance review shall be placed at step 5 of the range and will not be placed at
step 6 unless an above average or outstanding performance review is received in the following year.
A change from step 6 to step 5 shall be reviewed and approved by the Human Resources Director or his/her
designee prior to implementation. An employee may appeal the change pursuant to the"appeal process"
provided for in the current review procedure for OCEA employees.
Page 5
Employees hired after November 29, 2002, shall be eligible for a step increase based on the following schedule:
• Step 1 to 2: First pay period following six(6)months of service
• Step 2 to 3: First pay period following one(1)year of service at step 2
• Step 3 to 4: First pay period following one(1)year of service at step 3
• Step 4 to 5: First pay period following one(1)year of service at step 4
• Step 5 to 6: First pay period following one(1)year of service at step 5.
Salary Structure Range Adjustment
Effective November 29, 2002,the current salary ranges will be increased by 1.24%. Base wages for all active
employees as of November 29,2002 will be adjusted by 1.24%. Salary ranges will be reviewed and updated
based on the 75' percentile, effective the first pay period after each fiscal year.A market study will be conducted
on or about July 15t'of each year utilizing ranges in effect July I", resulting in the following:
• This information will be discussed during a meet and confer process with management and business
representatives.
• Salary ranges will be adjusted based on the overall average of this market study to the hundredth
decimal place, not to exceed a 4.00%annual increase.
• Adjustments for the duration of the contract will be as follows:
o July 11, 2003
o July 9, 2004
o July 6,2005
o July 7, 2006
• Base wages for all active employees as of the above dates will be adjusted accordingly.
The District will not conduct a new comprehensive district-wide classification and compensation study during the
term of this agreement.
Classification Pay Grade Adjustment
As part of the annual salary structure range adjustment process, each benchmark classification will be reviewed
to determine if any individual classifications need to have the pay grade adjusted based on the following criteria:
1. If a pay grade change is agreed upon for a specific classification,the District and OCEA will review other
classifications that are linked to the specific classification (within the unit or comparable classifications in
other departments)to maintain the internal integrity of the district-wide salary range structure.
2. In the event that a benchmark classification (and a classification"tied into"a benchmark classification)is
five percent(5.0%)or more below the aggregate average of all benchmark classifications, the parties
agree to meet and confer with respect to such classifications; the issues to be discussed are additional
salary adjustments to maintain the 75"percentile, "vertices job series relationships, and"horizontal"job
classification comparisons.
ARTICLE 14. - SEVERANCE PAY
Employees are expected to give a minimum of two 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 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:
1. Full-time, regular employees shall be entitled to eight hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty hours pay.
2. Employees in limited term or part-time classifications, probationary employees and employees who are
separated for cause,are not eligible for severance pay under any circumstances.
Page 6
ARTICLE 15. - DEFERRED COMPENSATION
Employees may participate in the District's approved deferred compensation plan subject to all guidelines for
participation established by District's management.
ARTICLE 16. - HOLIDAYS
The days listed below are observed by the District as holidays. Full-time employees will receive holiday pay if
their entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status.
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 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. In no case may an employee accumulate more than fifty hours Holiday
compensatory time off.
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—
Employees may elect one day during each year as a"Floating Holiday",which new employees shall
accrue on the following pro rate basis their first calendar year of service: V'quarter hire—100%; 2"d quarter hire
—75%; 3r°quarter hire—50%; and,0 quarter hire—0%. Such day must be used within the year it is accrued.
Every effort will be made to grant an employee's request for a"Floating Holiday"off providing sufficient notice is
given.
ARTICLE 17. - HOURS OF WORK
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(9180 schedule),five 8-hour days each workweek
(10/80),four 10-hour days each workweek(8/80), or three 12-hour days and one 4-hour day each workweek
(7/80). The starting and ending times of individual employees'workweeks may vary.
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.
The District may, at its sole discretion,change an employee's work schedule with thirty(30)days written notice
to the affected employee.
Page 7
ARTICLE 18. - CALL-BACK PAY
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
Standby is time during which an employee is not required to be at the work location or at the employee's resi-
dence 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 two hundred dollars per week, and shall
receive Call Back pay when they are actually called to work.
ARTICLE 20. - INSURANCE
In January 2004, the District and OCEA agree to reopen this Article for the purpose of developing cost
containment initiatives in the existing health plans and/or to change insurance carriers. Any changes must be
mutually agreed to by the parties.This reopener shall not include the District's contribution rate set forth below.
The District shall provide medical/health insurance coverage through both Health Maintenance Organizations
and an indemnity type group health plan, life insurance, and disability insurance for the benefit of full-time
employees.
All insurance coverage shall become effective on the first day of the month following date of hire, regardless of
hire dale. An open enrollment period shall be held annually in the month of June.
Medical
Regular,full-time employees:
The District shall contribute 100%of employee only premiums for the HMO medical health plans and shall
contribute 90%of employee only premiums for the POS medical health plans and shall contribute 75%of the
employee+1 dependent and full family premiums.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 the plan.The new contribution rate will become
effective July 1,2004.
Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
Short Term Disability
The District shall provide a non-work related,short-term disability indemnity plan that pays up to$490 per week
for up to 26 weeks following a fourteen calendar day waiting period.
Long Term Disability
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 years of
service.
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.
Dental
The District will contribute 80%of employee only premiums for dental insurance and will contribute 80%of full
family premiums. This new contribution rate will become effective July 1, 2004.
Vision
The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents.
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Retiring Employees
The District shall pay,for employees hired prior to July 1, 1988, two and one-half months'premium for each year
of continuous service of a retiring employee towards the premium costs of coverage for the employee and
eligible dependents under the District's medical plan.
In the event the District adds additional optional insurance plans, the District's share of the premium shall be the
same as for existing plans as set forth above. In the event the District changes underwriters for existing
insurance plans,the District's share of the premium shall be the same as for existing insurance plans as set forth
above.
The District shall enter into an agreement with the Orange County Employee Retirement System(OCERS)to
implement the retiree medical health premium offset program established by the County of Orange wherein the
cost of health premiums are offset by$10 per month for every year of service up to a maximum of 25 years or
$250 per month.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
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 Office.
Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
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
rare costs not otherwise covered by his or her medical insurance.
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 child care expenses or
day care for a disabled dependent.
ARTICLE 22. - OVERTIME
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.
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 40 hours in a seven (7)day
workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
All new employees serve an initial probationary period beginning with the date of hire and extending to at least
the first day of the pay period following twenty-six weeks of employment without a break in service. Extended
absence without pay, short-term and long-term disability and Workers'Compensation leave does not provide an
opportunity to judge an employees'capability to meet performance expectations for a position,and thus the time
spent on such leaves shall not be included towards completion of the probationary period and may result in an
extension.
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.
Employees who are reassigned or laterally transferred will serve a probationary period of twenty-six(26)weeks.
The"probationary period"shall not divest an employee of his/her property rights in his/her former position.
Rejection of probation during this period shall result in the employee reverting to his/her former assignment
and/or position.
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ARTICLE 24. - PROMOTIONS
A promotion is the appointment of an employee to another classification with a higher maximum rate of pay. The
District shall determine whether a vacant position shall be filled on an open, promotional or reassignment basis.
Whenever the District intends to fill a position by promotion, the District shall post the opportunity for a minimum
of ten business days. Employees must apply during the period of posting. Notices shall be posted on bulletin
boards within Plants 1 and 2.
A promoted employee shall serve a promotional probationary period lasting at least until the first day of the pay
period six months 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 days. If an
employee is promoted during his or her initial probationary period, the period shall be extended until at least the
first day of the pay period twenty-six weeks after the effective dale of the promotion.
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
The District shall continue participation in the Orange County Employees Retirement System,wherein all
full-time employees are considered members. The retirement program in effect pursuant to the contract between
OCERS and the District, as of December 2, 1977, shall continue until June 30, 2005.
Effective July 1, 2005,the following change will occur:
1. The District will contract with the Orange County Employees Retirement System to provide the following new
benefit formula for all existing Tier II employees and any new employees, 2.5% @ 55 based on the highest
consecutive 36 months average earnings, past and future service.
2. Tier I employees will be allowed to make a one-time only decision to remain in the current Tier I program or
move to the new option. This decision must be made by June 1,2005.
The District shall continue to pay 4.5%of an eligible employee's base salary towards the employee's contribution
to the Orange County Employees Retirement System through June 30,2005.
Effective July 1, 2005,the following change will occur:
1. The District shall pay 3.5%of an eligible employee's base salary towards the employee's contribution to the
Orange County Employees Retirement System for all current employees converting to the new plan and any
new employees entering the system.
2. The District shall continue to pay 4.5%of an eligible employee's base salary towards the employee's
contribution to the Orange County Employees Retirement System for all employees remaining in the Tier I
option.
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
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
VACATION LEAVE
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
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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
Vacation leave begins after an employee has completed 6 months of continuous service. After the individuals
first 6 months 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. A full-time, regular employee will be granted pro-rata vacation leave credit during any pay
period in which he or she is absent without pay for a minimum of one (1)full working day. A part-time, regular
employee will not be granted vacation leave credit during any period he or she is absent without pay on his or
her regular working day.
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.
SICK LEAVE
Definition. Sick leave is an insurance or protection provided by the District to be granted to employees in
circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right
to take time off from work. Sick leave is defined as the absence from duty of an employee because of a bona
fide illness, injury, or pregnancy, or to attend to the illness or injury of a family member as hereinafter defined.
Temporary employees are not entitled to sick leave benefits.
Method. -Sick Leave Accrual. Full-time employees hired prior to 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.
A full-time, regular employee shall be granted pro-rata sick leave credit during any pay period in which he or she
is absent without pay for a minimum of one (1)full working day. A part-fime, regular employee shall not be
granted sick leave credit during any period he or she is absent without pay on his or her regular working day. In
the event an employee is required to work part-time by direction of his or her physician, sick leave credit shall be
prorated, except that sick leave shall continue to accrue if an employee is absent due to an injury arising out of or
in the course of his or her employment and is entitled to Workers' Compensation benefits.
Annual Payoff. Employees may elect annually to be paid for any unused sick leave hours accrued through the
end of October at their current hourly rate according to the following payoff schedule or as specified in a
Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
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 shall be paid at the
fifty percent(50%)rate for all accrued and unused sick leave.
Permissible Uses. Sick leave may be applied only to:
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A. Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by the
employee's supervisor.
C. Absence for the care of the employee's father,father-in-law, mother, mother-in-law, brother, sister,
husband,wife, child,grandparent, legal guardian, or any family member with whom the employee
resides.
D. Absence due to a job-related injury.
General Provisions. To qualify for sick leave pay,the employee must notify the District at or in advance of the
time the employee is scheduled to report for duty. Minimum charge to the employee's sick leave account shall be
one-half hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the sick leave
privilege. If notified in advance,the employee may be required, at any time,to furnish a certificate issued by a
licensed physician or nurse, or other satisfactory evidence of illness; however,for absences of ten consecutive
working days or more,a request for leave and a medical statement, on prescribed forms, stating expected date
of return must be submitted to Human Resources. Upon return to work, a written doctor's release must be
submitted to Human Resources. For absences of one or more working days in an unpaid status,a request for
leave 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.
JURY DUTY LEAVE
Any full-time, including probationary, employee who is called for jury duty shall, upon request on prescribed
forms approved by Human Resources, 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 22 working days.
Prior to jury duty service,each employee must complete the District's Leave-of-Absence Form and turn it in to
Human Resources with a copy of the summons.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%z of
their regular shift remaining. Employees are not compensated for jury duty occurring on scheduled days off.
WITNESS LEAVE
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 request on Leave-of-Absence Forms approved by Human Resources, 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.
An employee so subpoenaed must submit a copy of the subpoena with his or her time sheet 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.
MILITARY LEAVE
A request for military leave shall be made upon leave-of-absence forms approved by the Director of Human
Resources and shall state the date when it is desired to begin the leave-of-absence and the date of anticipated
return. A copy of the orders requiring such military service shall be submitted with the request.
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 year or more service with a public entity is
entitled to military leave with pay not exceeding 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 17 calendar days per year,although the employee may, at his or her option, elect to
use vacation 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.
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BEREAVEMENT LEAVE
Using the prescribed forms, approved by Human Resources,any full-time employee,whether probationary or
regular, shall receive a maximum of 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,father-in-law, mother, mother-in-law,
brother, sister, husband, wife,child,stepchild,grandchild,grandparent,foster parent, foster child, legal
guardian, or any family member with whom the employee resides.
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
It is the policy of the District to grant employees extended leave-of-absences under certain circumstances.
Except as stated below, employees shall not receive compensation during a leave-of-absence.
Using the prescribed forms, approved by the Director of Human Resources, any full-time, including probationary,
or part-time employees with at least 52 weeks of service and at least 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 twelve(12)month calendar
period. 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 consecutive working days, or for absences of ten working
days or more when using paid sick leave accruals.
SUBSTITUTION OF PAID LEAVE
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 vacation and other accruals, except sick leave accruals, before
unpaid leave is granted. Vacation, personal leave and sick leave credit shall not accrue during any pay period
that an employee is absent without pay for more than one day.
Personal leave accruals may be used for the rare of the employee's father,father-in-law, mother, mother-in-law,
brother, sister, husband, wife, child, step-child,grandchild,grandparent, legal guardian, or any family member
with whom the employee resides.
PERMISSIBLE USES
FMLA Leave
Unpaid FMLA leave may be used for 1)child care following the birth or placement of a child, 2)the care of a
father,father-in-law, mother, mother-in-law, brother, sister, husband,wife, child, step-child, grandchild,
grandparent, legal guardian, or any family member with whom the employee resides who has a serious health
condition,as defined in the Act;and, 3)for 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.
CFRA Leave
Unpaid CFRA Leave may be used for: 1)the same purposes as FMLA Leave, and shall run concurrently except
that 2)an employee's incapacity due to pregnancy is not eligible for CFRA Leave. However, such incapacity
may entitle an employee to up to four months of pregnancy disability leave,with medical approval, plus another
twelve(12)weeks of FMLA Leave,to care for the child, in a twelve(12)month period.
GENERAL PROVISIONS
Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable,the District requests 30 days advance notice.
Medical Certification
As a condition of FMLA or CFRA Leave because of a serious health condition,the District may require
certification by a health care provider.
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.
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 rase the District's obligation to continue health and dental or other benefits
shall cease.
Failure to Return to Work
If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof, an employee fails to
return to work, the employee shall be considered to have automatically resigned from his or her position. The
District shall review vacancies to determine whether or not a vacant position exists that the employee is qualified
to perform with or without reasonable accommodation. If the employee is still unable to perform the essential
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duties of his or her position,the employee shall be considered to have automatically resigned from his or her
position, unless eligible for disability retirement.
Bridge of Service
If an employee is forced to automatically resign from his or her position as a result of a bona-fide injury or illness,
and then is rehired to a position within the District within one year,the District shall bridge the employee's service
date. Bridging of service procedures involve adding the total number of days away from work to the employees
original date of hire.
District Employment of Spouses
Married employees shall be limited to a total of twelve(12)weeks FMLA or CFRA Leave in a twelve(12)month
calendar period for the care of a parent or newly born or placed child.
Six-month Limit on Unpaid Leaves-of-absence
In no event shall a combination of authorized leave-of-absences, whether paid or unpaid, exceed six months in a
24 month period, unless required by the FMLA, CFRA or other law.
GENERAL LEAVE
Subject to Section Six-Month Limit on Unpaid Leaves of Absence above, employees may be granted a general
leave-of-absence to attend to personal matters,or for FMLA or CFRA qualifying events after the expirations of
previously authorized leave, if the Director of Human Resources determines that an extended period of time
away from the job shall be in the best interests of the employee and the District.
During a general leave-of-absence, the employee shall be required to pay both the District's and the employee's
share of medical and dental premiums.
RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE
An employee who has been absent from work due to a medical, non-work-related reason shall be subject to a
Return-to-Work medical evaluation.
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)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.
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 American with Disabilities Act)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 reclassified 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.
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
An employee who believes his/her position is not properly classified may submit a written request to the
Department Head asking that a classification study be conducted. The Department Head will acknowledge the
request in writing and review the request for accuracy,and forward it to the Director of Human Resources 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 1a'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.
Y-Rating
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
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following the completion of the study, unless the recommendations require action be taken by the Board of
Directors prior to implementation. In such event, the recommendations shall be implemented in the first pay
period immediately following authorization by the Board.
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
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.
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.
Z-Rating
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.
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
Employees who are required by the District to drive must notify their supervisor and the Human Resources Office
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.
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.
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
Employees hired prior to January 1, 2000,who continue to perform their duties satisfactorily, shall not be laid off
for lack of work or lack of funds from the effective date of this contract through October 31, 2002. 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.
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.
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
Page 15
and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification
in writing, whenever possible.
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 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.
Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained
for a period of two years from the dale 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.
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
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
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
Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate.
ARTICLE 35. -ACTING PAY
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 100 consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater.The higher rate of pay begins with
the 101st hour, and continues until the assignment ends or the six month limitation has been reached al 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 Director of Human Resources. The 100-hour eligibility
period may be waived at the discretion of the General Manager.
ARTICLE 36.
(This Article intentionally left blank.)
ARTICLE 37. - PERSONNEL FILES
Employees have the right to inspect their personnel file in the Human Resources Office 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. 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.
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ARTICLE 38. - BULLETIN BOARDS
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
A maximum of three 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.
The OCEA shall provide the Director of Human Resources 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
District facilities may be used by the OCEA with prior notice to the Director of Human Resources 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
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 any subject or
matter not removed by law from the area of the meet and confer process, and the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are contained in this
Agreement. Therefore,the District and the OCEA,for the term of this Agreement,each voluntarily and
unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter contained in this agreement.
ARTICLE 42. - IMPASSE PROCEDURES
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 14 calendar days or as soon as practicable to:
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.
Impasse procedures are:
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.
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.
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
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 the OCEA shall meet and confer on the affected article,
Page 17
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
The District shall provide and maintain ten 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.
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 wom when attending
business meetings. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary
action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
The District's Substance Abuse Policy will apply to all unit members.
Department of Transportation Regulations
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.
ARTICLE 46. - DUES DEDUCTIONS
The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and
assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations must
be filed by the end of the pay period prior to the period for which the deduction is requested.
The District shall provide the OCEA a monthly list of the names and social security numbers 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 month.
ARTICLE 47.
(This Article intentionally left blank)
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
During the term of this MOU, 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 OCEA agrees that it shall neither advocate, encourage or participate in
any 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
The District's Workplace Violence and Weapons Policy will apply to all unit members.
ARTICLE 51. - RESIGNATION
Voluntary written termination of employment with the District is irrevocable after 72 hours from the receipt of the
resignation, except by approval of the Director of Human Resources.
ARTICLE 52.
(This Article intentionally left blank)
Page 18
2002—2007
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
Executed /7, AooD
Signature page
ORANGE COUNTY EMPLOYEES ASSOCIATION— ORANGE COUNTY SANITATION DISTRICT
Administrative and Clerical Unit
Mango I tson, Sr. Employee Relations Manager Blake
P.Anderson, General Manager
Helga Halo,Administrative Assistant Steve Filarsky, C f Negot' or
Bel itchell, Program Mtstant Lisa L. Tomko, Director of Human Resources
4 Zflt✓
M70 Sullivan, 9, r Technician JeAfRedjWulInan Resources Manager
ga,r� CrGC.ww
Ja ollins, Principal Human Resources Analyst
Page 19
ADMINISTRATIVE AND CLERICAL UNIT
PAY NOVEMBER 29,2002 JULY 11,2003
CLASSIFICATION GRADE MIN MID MAX MIN MID MAX
Graphics Coordinator II 71 $25.246 $28.402 $31.558 $26,155 $29,425 $32,694
Executive Assistant 69 $24.032 $27.036 $30.040 $24.900 $28.013 $31.125
dministative Assistant 67 $22.874 $25.733 $28.592 $23.700 $26.663 $29.625
Contracts/Purchasing Assistant 67 $22.874 $25.733 $28.592 $23.700 $26.663 $29.625
Graphics Coordinator I 67 $22.874 $25,733 $28.592 $23,700 $26,663 $29,625
Human Resources Assistant 67 $22.874 $25.733 $28.592 $23.700 $26.663 $29.625
Payroll Technician 67 $22.874 $25.733 $28.592 $23.700 $26.663 $29.625
Accounting Assistant II 58 $18.318 $20.608 $22.898 $18.978 $21.351 $23.723
Stoekeeper II 58 $18.318 $20,608 $22.898 $18,978 $21,351 $23.723
Inventory Control Technician 56 $17.432 $19.611 $21.790 $18.060 $20.318 $22.575
Library Technician 56 $17.432 $19.611 $21.790 $18.060 $20.318 $22.575
Program Assistant 56 $17.432 $19.611 $21.790 $18.060 $20.318 $22.575
unting Assistant l 54 $16.592 $18,666 $20.740 $17.192 $19,341 $21.490
8torakee er % $16.592 $18.666 $20.740 $17.192 $19.341 $21.490
Ofice Assistant 50 $15.032 $16.9117 $18.790 $15.577 $17.524 $19.471
Storekeeper Assistant 46 $13.615 $15.31] $17.019 $14.105 $15.868 $17.631
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
November 29, 2002 through June 30, 2007
TABLE OF CONTENTS
ARTICLE 1. - RECOGNITION................................................................................................................................2
ARTICLE 2. -DURATION.......................................................................................................................................2
ARTICLE 3. -SUCCESSOR AGREEMENT...........................................................................................................2
ARTICLE4. -OCEA ACCESS...............................................................................................................................2
ARTICLE S. -OCEA RIGHTS.................................................................................................................................2
ARTICLE 6. -DISTRICT RIGHTS..........................................................................................................................2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT....................................................................................2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT.........................................................................................3
ARTICLE9. -SAFETY...........................................................................................................................................3
ARTICLE 10.- DISCIPLINE AND DISMISSAL......................................................................................................3
ARTICLE 11.-GRIEVANCE PROCEDURE..........................................................................................................4
ARTICLE 12.- PROBLEM SOLVING PROCEDURE............................................................................................5
ARTICLE 13.-SALARY ADJUSTMENTS AND COMPENSATION .....................................................................5
ARTICLE 14.-SEVERANCE PAY.........................................................................................................................6
ARTICLE 15.- DEFERRED COMPENSATION.....................................................................................................7
ARTICLE 16.- HOLIDAYS.....................................................................................................................................7
ARTICLE 17.- HOURS OF WORK........................................................................................................................7
ARTICLE 18.-CALL-BACK PAY..........................................................................................................................8
ARTICLE 19.-STANDBY PAY..............................................................................................................................8
ARTICLE 20.- INSURANCE..................................................................................................................................8
MEDICAL...............................................................................................................................................................8
LIFE......................................................................................................................................................................8
SHORT TERM DISABILITY....................................................................................................................................... S
LONGTERM DISABILITY......................................................................................................................................... 8
DENTAL................................................................................................................................................................ 8
VISION 8
RETIRING EMPLOYEES 9
ARTICLE 21.- REIMBURSEMENT ACCOUNT.....................................................................................................9
GROUP INSURANCE PREMIUMS 9
MEDICAL CARE REIMBURSEMENT ACCOUNT 9
DEPENDENT CARE ASSISTANCE ACCOUNT.............................................................................................................9
ARTICLE 22.-OVERTIME.....................................................................................................................................9
ARTICLE 23. - PROBATIONARY PERIOD...........................................................................................................9
ARTICLE 24. - PROMOTIONS............................................................................................................................. 10
Pagel
ARTICLE 25.- RETIREMENT.............................................................................................................................. 10
ARTICLE 26.-SHIFT DIFFERENTIAL................................................................................................................ 10
ARTICLE 27.- LEAVE-OF-ABSENCE WITH PAY.............................................................................................. 10
VACATION LEAVE 10
SICK LEAVE 11
JURYDUTY LEAVE.......................................................................................................................................... 12
WITNESSLEAVE............................................................................................................................................. 12
MILITARYLEAVE............................................................................................................................................. 12
BEREAVEMENT LEAVE.................................................................................................................................. 12
ARTICLE 28.- LEAVE-OF-ABSENCE WITHOUT PAY...................................................................................... 13
SUBSTITUTION OF PAID LEAVE.................................................................................................................... 13
PERMISSIBLE USES ....................................................................................................................................... 13
FMLALeave................................................................................................................................................. 13
CFRALeave................................................................................................................................................. 13
GENERAL PROVISIONS 13
Requests for FMLA and CFRA Leave 13
MedicalCertifica0on..................................................................................................................................... 13
Medical and Dental Premiums...................................................................................................................... 13
Reinstatement............................................................................................................................................... 13
Failureto Return to Work.............................................................................................................................. 13
Bridgeof Service.......................................................................................................................................... 14
District Employment of Spouses................................................................................................................... 14
Six-month Limit on Unpaid Leaves-of-absence............................................................................................ 14
GENERALLEAVE 14
RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE............................................................... 14
COMPLIANCE WITH LAW................................................................................................................................ 14
ARTICLE 29.-CLASSIFICATION STUDIES....................................................................................................... 14
ARTICLE 30: DRIVER'S LICENSE..................................................................................................................... 15
ARTICLE 31.- LAYOFF PROCEDURE............................................................................................................... 15
ARTICLE 32.- LIGHT DUTY................................................................................................................................ 16
ARTICLE 33.- MEDICAL EXAMINATION........................................................................................................... 16
ARTICLE 34.-MILEAGE ALLOWANCE............................................................................................................. 16
ARTICLE 35.-ACTING PAY............................................................................................................................... 16
ARTICLE 36.- PERFORMANCE REVIEWS........................................................................................................ 16
ARTICLE 37.- PERSONNEL FILES.................................................................................................................... 16
ARTICLE 38.. BULLETIN BOARDS................................................................................................................... 17
ARTICLE 39.- RELEASE TIME FOR MEET AND CONFER SESSIONS...........................................................17
ARTICLE 40.- USE OF DISTRICT FACILITIES.................................................................................................. 17
ARTICLE 41.-SCOPE OF BARGAINING........................................................................................................... 17
ARTICLE 42.- IMPASSE PROCEDURES........................................................................................................... 17
ARTICLE 43.-SEVERABILITY........................................................................................................................... 17
ARTICLE44.-UNIFORMS.................................................................................................................................. 18
Page ii
ARTICLE 45.-SUBSTANCE ABUSE POLICY................................................................................................... 18
DEPARTMENT OF TRANSPORTATION REGULATIONS............................................................................................... 18
ARTICLE 46.- DUES DEDUCTIONS................................................................................................................... 18
ARTICLE47.......................................................................................................................................................... 18
ARTICLE 48.- PEACEFUL RESOLUTION OF DISPUTES................................................................................ 18
ARTICLE49.......................................................................................................................................................... 18
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................ 18
ARTICLE 51. - RESIGNATION............................................................................................................................. 18
ARTICLE52.......................................................................................................................................................... 18
SIGNATUREPAGE.............................................................................................................................................. 19
EXHIBIT"A."CLASSIFICATION &SALARY RANGE GUIDE...........................................................................20
Page!!I
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
This Agreement, effective November 29, 2002, 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
'OCFA."
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
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, 2007. 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 and ninety days prior to its expiration.
ARTICLE 3. - SUCCESSOR AGREEMENT
Each party shall submit in writing its initial proposal for a successor agreement at least sixty days prior to the
expiration date of this Agreement.
ARTICLE 4. - OCEA ACCESS
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.
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.
OCEA access shall not interfere with the District's operations, or with the work of employees in any manner. The
District reserves the right to restrict access in certain areas designated as confidential or secure.
ARTICLE 5. - OCEA RIGHTS
The OCEA may designate employees to act as representatives for employees covered by this Agreement. The
OCEA shall furnish the Director of Human Resources 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.
Page 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
Except as otherwise specifically provided in this Agreement or applicable laws, the District has and retains the
sole and exclusive rights and functions of management, including, but not limited to, the following:
1. To determine the nature and extent of services to be performed, as well as the right to determine and
implement its public function and responsibility.
2. To manage all facilities and operations of the District, including the methods, means and personnel by which
the District's operations are to be conducted.
3. To schedule working hours and assign work.
4. To establish, modify or change work schedules or standards.
5. To direct the working forces, including the right to hire, promote, demote or transfer any employee.
6. To determine the location of all plants and facilities.
7. To determine the layout and the machinery, equipment or materials to be used.
8. To determine processes, techniques, methods and means of all operations, including changes or
adjustments of any machinery or equipment.
9. To determine the size and composition of the working force.
10. To determine policy and procedures affecting the selection or training of employees.
11. To establish, assess and implement employee performance standards, including, but not limited to,quality
and quantity standards;the assessment of employee performance; and the procedures for said assessment.
12. To control and determine the use and location of District property, material, machinery or equipment.
13. To schedule the operation of and to determine the number and duration of shifts.
14. To determine safety, health and property protection measures.
15. To transfer work from one job to another or from one plant or unit to another.
16. To introduce new, improved or different methods of operations, or to change existing methods.
17. To layoff employees from duty for lack of work or lack of funds.
18. To reprimand, suspend, discharge or otherwise discipline employees for cause.
19. To establish and determine job classifications.
20. To promulgate, modify and enforce work and safety rules and regulations.
21. To take such other and further action as may be necessary to organize and operate the District in the most
efficient and economical manner and in the best interest of the public it serves.
22. To contract or subcontract construction, services, maintenance,distribution or any other work with outside
public or private entities.
23. OCEA expressly and specifically agrees that except to the extent that the District's rights are expressly
limited by the terms of this Agreement, OCEA waives any and all of its rights to meet and confer on any of
the District's rights. If the exercise of these rights affects wages, hours or terms and conditions of
employment,the District may act to exercise its rights but shall meet and confer on the effects of its actions.
24. To adopt rules, regulations and policies to implement and/or be in compliance with federal and state laws.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard to
race, color, religion, national origin, ancestry, sex, sexual orientation, or veteran status. To the extent required
by law or by the District's rules or regulations, this provision of the Agreement shall be applied to all members of
the unit without regard to marital status, handicap, medical condition, status as a disabled veteran,age or
citizenship.
Page 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
The District endorses and supports the right of all employees to work in a healthy and safe environment free of
recognized hazards. In view of the hazards associated with smoking and the potentially harmful effect it has on
the health and well being of District employees and their families, smoking is not acceptable within District
facilities, and may occur only in outside areas not posted as no smoking.
ARTICLE 9. - SAFETY
It is the duty of the District to provide and maintain a safe place of employment. OCEA shall cooperate by
encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all
employees covered by this Agreement, in the course of performing their assigned duties,to be alert to unsafe
practices,equipment, and conditions, and to follow the safety regulations and requirements of the District, and to
report any unsafe practices or conditions to their immediate supervisors. An employee shall not be required to
perform work that is unsafe.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
1. Discipline may occur when any of the following actions are taken forjust cause with respect to any employee
in the unit:verbal reprimand,written reprimand, suspension without pay; reduction in pay,er demotion to a
classification with a lower maximum rate of pay or dismissal.
2. Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the
District for just cause.
3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
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.
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 actiori a copy of the charges and materials
upon which the action is based; and, (4)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 business days of the date of issuance
of the notice. The Notice shall also advise the employee of his or her right to representation.
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 Human
Resources policies and procedures.
7. Dismissal shall be preceded by at least one 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 warnings.
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 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
Page 3
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.
9. Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources
Office. Documentation regarding verbal and written reprimands may be removed from an employee's
personnel file twenty-four 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 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 Office for the purpose of showing that progressive discipline has
been followed or in support of the District's proposed discipline.
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.
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,
reduction from Step 6 to Step 5 pursuant to Article 13 shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
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.
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 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.
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.
Step 1. An employee who has a complaint shall attempt to resolve it with his or her immediate supervisor within
five days of the occurrence of the event giving rise to the complaint,or within five days from the time that the
employee became aware of such event. The supervisor shall attempt to resolve the issues surrounding the
complaint, and respond to the employee within five days.
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 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.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 slate 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.
The Department Head shall respond in writing to the employee within ten days after the date the grievance is
received.
Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the Director of Human Resources,
or designee, for review and written response.The request for formal review must be presented on a form
provided by the District within ten 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. The Director of Human Resources or designee shall respond in writing to the employee
within ten days after the date the grievance is received.
Step 4. If the grievance cannot be resolved under Step 3, it may be presented to the General Manager within
ten days from the date the Step 3 finding was issued. The General Manager, or designee,shall respond in
writing to the employee within fifteen days after the dale the grievance is received.Appeal to the General
Manager is the final step in the Grievance Procedure.
Page 4
General Provisions: An employee shall be given reasonable time off without loss of pay to present and process
a grievance. If an employee is represented by the OCEA,the OCEA may designate one employee to present
and process the grievance. The employee representative shall be given reasonable time off without loss of pay
to perform this responsibility. Absence from work shall be approved only if it does not cause disruption to District
operations. However, if the time requested cannot be provided, an alternate time shall be arranged.
Failure of a supervisor, Department Head or other 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 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.
Resolution may be agreed upon at any stage of the grievance process. However,the OCEA shall be notified
prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
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.
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.
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 within ten days of receipt of the supervisor's
decision. Upon request of either parry, a meeting shall be held to define issues and establish the remedies
sought. The employee shall be provided a written response within ten 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 is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
Merit Pay Step System
Effective November 29, 2002, each pay grade will be divided into 6 steps with an approximate 4.6%difference
between each step.
Effective November 29, 2002, all active employees as of November 29, 2002 will be placed on the nearest step
so that no employee will experience a decrease in his/her hourly pay rate.
Employees hired on or before November 29, 2002 will be eligible for a step increase on the following dates for
the duration of this contract based on receiving a satisfactory or above performance review rating until they reach
step 5. Employees not receiving a satisfactory or above performance review shall not be eligible for a merit
based salary adjustment.
• July 11, 2003
• July 9, 2004
• July 8, 2005
• July 7, 2006
Movement between step 5 to step 6 will be based on a"gatekeeper'factor.
• Gatekeeper factor
Placement at step 6 of the salary range will require receipt of an above average or outstanding performance
review on an annual basis. Unit employees who are at step 6 of the range and who do not receive an above
average or outstanding performance review shall be placed at step 5 of the range and will not be placed at
step 6 unless an above average or outstanding performance review is received in the following year.
A change from step 6 to step 5 shall be reviewed and approved by the Human Resources Director or his/her
designee prior to implementation. An employee may appeal the change pursuant to the"appeal process"
provided for in the current review procedure for OCEA employees.
Page 5
Employees hired after November 29, 2002, shall be eligible for a step increase based on the following schedule:
• Step 1 to 2: First pay period following six(6)months of service
• Step 2 to 3: First pay period following one(1)year of service at step 2
• Step 3 to 4: First pay period following one(1)year of service at step 3
• Step 4 to 5: First pay period following one(1)year of service at step 4
• Step 5 to 6: First pay period following one(1)year of service at step 5.
Salary Structure Range Adjustment
Effective November 29, 2002,the current salary ranges will be increased by 1.24%. Base wages for all active
employees as of November 29,2002 will be adjusted by 1.24%. Salary ranges will be reviewed and updated
based on the 75' percentile, effective the first pay period after each fiscal year.A market study will be conducted
on or about July 15t'of each year utilizing ranges in effect July I", resulting in the following:
• This information will be discussed during a meet and confer process with management and business
representatives.
• Salary ranges will be adjusted based on the overall average of this market study to the hundredth
decimal place, not to exceed a 4.00%annual increase.
• Adjustments for the duration of the contract will be as follows:
o July 11, 2003
o July 9, 2004
o July 6,2005
o July 7, 2006
• Base wages for all active employees as of the above dates will be adjusted accordingly.
The District will not conduct a new comprehensive district-wide classification and compensation study during the
term of this agreement.
Classification Pay Grade Adjustment
As part of the annual salary structure range adjustment process, each benchmark classification will be reviewed
to determine if any individual classifications need to have the pay grade adjusted based on the following criteria:
1. If a pay grade change is agreed upon for a specific classification,the District and OCEA will review other
classifications that are linked to the specific classification (within the unit or comparable classifications in
other departments)to maintain the internal integrity of the district-wide salary range structure.
2. In the event that a benchmark classification (and a classification"tied into"a benchmark classification)is
five percent(5.0%)or more below the aggregate average of all benchmark classifications, the parties
agree to meet and confer with respect to such classifications; the issues to be discussed are additional
salary adjustments to maintain the 75"percentile, "vertices job series relationships, and"horizontal"job
classification comparisons.
ARTICLE 14. - SEVERANCE PAY
Employees are expected to give a minimum of two 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 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:
1. Full-time, regular employees shall be entitled to eight hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty hours pay.
2. Employees in limited term or part-time classifications, probationary employees and employees who are
separated for cause,are not eligible for severance pay under any circumstances.
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ARTICLE 15. - DEFERRED COMPENSATION
Employees may participate in the District's approved deferred compensation plan subject to all guidelines for
participation established by District's management.
ARTICLE 16. - HOLIDAYS
The days listed below are observed by the District as holidays. Full-time employees will receive holiday pay if
their entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status.
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 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. In no case may an employee accumulate more than fifty hours Holiday
compensatory time off.
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—
Employees may elect one day during each year as a"Floating Holiday",which new employees shall
accrue on the following pro rate basis their first calendar year of service: V'quarter hire—100%; 2"d quarter hire
—75%; 3r°quarter hire—50%; and,0 quarter hire—0%. Such day must be used within the year it is accrued.
Every effort will be made to grant an employee's request for a"Floating Holiday"off providing sufficient notice is
given.
ARTICLE 17. - HOURS OF WORK
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(9180 schedule),five 8-hour days each workweek
(10/80),four 10-hour days each workweek(8/80), or three 12-hour days and one 4-hour day each workweek
(7/80). The starting and ending times of individual employees'workweeks may vary.
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.
The District may, at its sole discretion,change an employee's work schedule with thirty(30)days written notice
to the affected employee.
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ARTICLE 18. - CALL-BACK PAY
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
Standby is time during which an employee is not required to be at the work location or at the employee's resi-
dence 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 two hundred dollars per week, and shall
receive Call Back pay when they are actually called to work.
ARTICLE 20. - INSURANCE
In January 2004, the District and OCEA agree to reopen this Article for the purpose of developing cost
containment initiatives in the existing health plans and/or to change insurance carriers. Any changes must be
mutually agreed to by the parties.This reopener shall not include the District's contribution rate set forth below.
The District shall provide medical/health insurance coverage through both Health Maintenance Organizations
and an indemnity type group health plan, life insurance, and disability insurance for the benefit of full-time
employees.
All insurance coverage shall become effective on the first day of the month following date of hire, regardless of
hire dale. An open enrollment period shall be held annually in the month of June.
Medical
Regular,full-time employees:
The District shall contribute 90%of employee only premiums for the HMO medical health plans and shall
contribute 80%of employee only premiums for the POS medical health plans and 80%for employee+1
dependent and full family premiums. 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 the plan.The new contribution rate will become effective July 1,
2004.
Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
Short Term Disability
The District shall provide a non-work related,short-term disability indemnity plan that pays up to$490 per week
for up to 26 weeks following a fourteen calendar day waiting period.
Long Term Disability
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 years of
service.
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.
Dental
The District will contribute 80%of employee only premiums for dental insurance and will contribute 80%of full
family premiums. This new contribution rate will become effective July 1, 2004.
Vision
The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents.
Page 8
Retiring Employees
The District shall pay,for employees hired prior to July 1, 1988, two and one-half months'premium for each year
of continuous service of a retiring employee towards the premium costs of coverage for the employee and
eligible dependents under the District's medical plan.
In the event the District adds additional optional insurance plans, the District's share of the premium shall be the
same as for existing plans as set forth above. In the event the District changes underwriters for existing
insurance plans,the District's share of the premium shall be the same as for existing insurance plans as set forth
above.
The District shall enter into an agreement with the Orange County Employee Retirement System(OCERS)to
implement the retiree medical health premium offset program established by the County of Orange wherein the
cost of health premiums are offset by$10 per month for every year of service up to a maximum of 25 years or
$250 per month.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
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 Office.
Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
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
rare costs not otherwise covered by his or her medical insurance.
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 child care expenses or
day care for a disabled dependent.
ARTICLE 22. - OVERTIME
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.
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 40 hours in a seven (7)day
workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
All new employees serve an initial probationary period beginning with the date of hire and extending to at least
the first day of the pay period following twenty-six weeks of employment without a break in service. Extended
absence without pay, short-term and long-term disability and Workers'Compensation leave does not provide an
opportunity to judge an employees'capability to meet performance expectations for a position,and thus the time
spent on such leaves shall not be included towards completion of the probationary period and may result in an
extension.
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.
Employees who are reassigned or laterally transferred will serve a probationary period of twenty-six(26)weeks.
The"probationary period"shall not divest an employee of his/her property right in his/her former position.
Rejection of probation during this period shall result in the employee reverting to his/her former assignment
and/or position.
Page 9
ARTICLE 24. - PROMOTIONS
A promotion is the appointment of an employee to another classification with a higher maximum rate of pay. The
District shall determine whether a vacant position shall be filled on an open, promotional or reassignment basis.
Whenever the District intends to fill a position by promotion, the District shall post the opportunity for a minimum
of ten business days. Employees must apply during the period of posting. Notices shall be posted on bulletin
boards within Plants 1 and 2.
A promoted employee shall serve a promotional probationary period lasting at least until the first day of the pay
period six months 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 days. If an
employee is promoted during his or her initial probationary period, the period shall be extended until at least the
first day of the pay period twenty-six weeks after the effective dale of the promotion.
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
The District shall continue participation in the Orange County Employees Retirement System,wherein all
full-time employees are considered members. The retirement program in effect pursuant to the contract between
OCERS and the District, as of December 2, 1977, shall continue until June 30, 2005.
Effective July 1, 2005,the following change will occur:
1. The District will contract with the Orange County Employees Retirement System to provide the following new
benefit formula for all existing Tier II employees and any new employees, 2.5% @ 55 based on the highest
consecutive 36 months average earnings, past and future service.
2. Tier I employees will be allowed to make a one-time only decision to remain in the current Tier I program or
move to the new option. This decision must be made by June 1,2005.
The District shall continue to pay 4.5%of an eligible employee's base salary towards the employee's contribution
to the Orange County Employees Retirement System through June 30,2005.
Effective July 1, 2005,the following change will occur:
1. The District shall pay 3.5%of an eligible employee's base salary towards the employee's contribution to the
Orange County Employees Retirement System for all current employees converting to the new plan and any
new employees entering the system.
2. The District shall continue to pay 4.5%of an eligible employee's base salary towards the employee's
contribution to the Orange County Employees Retirement System for all employees remaining in the Tier I
option.
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
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
VACATION LEAVE
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
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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
Vacation leave begins after an employee has completed 6 months of continuous service. After the individuals
first 6 months 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. A full-time, regular employee will be granted pro-rata vacation leave credit during any pay
period in which he or she is absent without pay for a minimum of one (1)full working day. A part-time, regular
employee will not be granted vacation leave credit during any period he or she is absent without pay on his or
her regular working day.
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.
SICK LEAVE
Definition. Sick leave is an insurance or protection provided by the District to be granted to employees in
circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right
to take time off from work. Sick leave is defined as the absence from duty of an employee because of a bona
fide illness, injury, or pregnancy, or to attend to the illness or injury of a family member as hereinafter defined.
Temporary employees are not entitled to sick leave benefits.
Method. -Sick Leave Accrual. Full-time employees hired prior to 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.
A full-time, regular employee shall be granted pro-rata sick leave credit during any pay period in which he or she
is absent without pay for a minimum of one (1)full working day. A part-fime, regular employee shall not be
granted sick leave credit during any period he or she is absent without pay on his or her regular working day. In
the event an employee is required to work part-time by direction of his or her physician, sick leave credit shall be
prorated, except that sick leave shall continue to accrue if an employee is absent due to an injury arising out of or
in the course of his or her employment and is entitled to Workers' Compensation benefits.
Annual Payoff. Employees may elect annually to be paid for any unused sick leave hours accrued through the
end of October at their current hourly rate according to the following payoff schedule or as specified in a
Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
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 shall be paid at the
fifty percent(50%)rate for all accrued and unused sick leave.
Permissible Uses. Sick leave may be applied only to:
Page 11
A. Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by the
employee's supervisor.
C. Absence for the care of the employee's father,father-in-law, mother, mother-in-law, brother, sister,
husband,wife, child,grandparent, legal guardian, or any family member with whom the employee
resides.
D. Absence due to a job-related injury.
General Provisions. To qualify for sick leave pay,the employee must notify the District at or in advance of the
time the employee is scheduled to report for duty. Minimum charge to the employee's sick leave account shall be
one-half-hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the sick leave
privilege. If notified in advance,the employee may be required, at any time,to furnish a certificate issued by a
licensed physician or nurse, or other satisfactory evidence of illness; however,for absences of ten consecutive
working days or more,a request for leave and a medical statement, on prescribed forms, stating expected date
of return must be submitted to Human Resources. Upon return to work, a written doctor's release must be
submitted to Human Resources. For absences of one or more working days in an unpaid status,a request for
leave 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.
JURY DUTY LEAVE
Any full-time, including probationary, employee who is called for jury duty shall, upon request on prescribed
forms approved by Human Resources, 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 22 working days.
Prior to jury duty service,each employee must complete the District's Leave-of-Absence Form and turn it in to
Human Resources with a copy of the summons.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%z of
their regular shift remaining. Employees are not compensated for jury duty occurring on scheduled days off.
WITNESS LEAVE
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 request on Leave-of-Absence Forms approved by Human Resources, 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.
An employee so subpoenaed must submit a copy of the subpoena with his or her time sheet 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.
MILITARY LEAVE
A request for military leave shall be made upon leave-of-absence forms approved by the Director of Human
Resources and shall state the date when it is desired to begin the leave-of-absence and the date of anticipated
return. A copy of the orders requiring such military service shall be submitted with the request.
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 year or more service with a public entity is
entitled to military leave with pay not exceeding 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 17 calendar days per year,although the employee may, at his or her option, elect to
use vacation 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.
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BEREAVEMENT LEAVE
Using the prescribed forms, approved by Human Resources,any full-time employee,whether probationary or
regular, shall receive a maximum of 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,father-in-law, mother, mother-in-law,
brother, sister, husband, wife,child,stepchild,grandchild,grandparent,foster parent, foster child, legal
guardian, or any family member with whom the employee resides.
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
It is the policy of the District to grant employees extended leave-of-absences under certain circumstances.
Except as stated below, employees shall not receive compensation during a leave-of-absence.
Using the prescribed forms, approved by the Director of Human Resources, any full-time, including probationary,
or part-time employees with at least 52 weeks of service and at least 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 twelve(12)month calendar
period. 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 consecutive working days, or for absences of ten working
days or more when using paid sick leave accruals.
SUBSTITUTION OF PAID LEAVE
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 vacation and other accruals, except sick leave accruals, before
unpaid leave is granted. Vacation, personal leave and sick leave credit shall not accrue during any pay period
that an employee is absent without pay for more than one day.
Personal leave accruals may be used for the rare of the employee's father,father-in-law, mother, mother-in-law,
brother, sister, husband, wife, child, step-child,grandchild,grandparent, legal guardian, or any family member
with whom the employee resides.
PERMISSIBLE USES
FMLA Leave
Unpaid FMLA leave may be used for 1)child care following the birth or placement of a child, 2)the care of a
father,father-in-law, mother, mother-in-law, brother, sister, husband,wife, child, step-child, grandchild,
grandparent, legal guardian, or any family member with whom the employee resides who has a serious health
condition,as defined in the Act;and, 3)for 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.
CFRA Leave
Unpaid CFRA Leave may be used for: 1)the same purposes as FMLA Leave, and shall run concurrently except
that 2)an employee's incapacity due to pregnancy is not eligible for CFRA Leave. However, such incapacity
may entitle an employee to up to four months of pregnancy disability leave,with medical approval, plus another
twelve(12)weeks of FMLA Leave,to care for the child, in a twelve(12)month period.
GENERAL PROVISIONS
Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable,the District requests 30 days advance notice.
Medical Certification
As a condition of FMLA or CFRA Leave because of a serious health condition,the District may require
certification by a health care provider.
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.
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 rase the District's obligation to continue health and dental or other benefits
shall cease.
Failure to Return to Work
If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof, an employee fails to
return to work, the employee shall be considered to have automatically resigned from his or her position. The
District shall review vacancies to determine whether or not a vacant position exists that the employee is qualified
to perform with or without reasonable accommodation. If the employee is still unable to perform the essential
Page 13
duties of his or her position,the employee shall be considered to have automatically resigned from his or her
position, unless eligible for disability retirement.
Bridge of Service
If an employee is forced to automatically resign from his or her position as a result of a bona-fide injury or illness,
and then is rehired to a position within the District within one year,the District shall bridge the employee's service
date. Bridging of service procedures involve adding the total number of days away from work to the employees
original date of hire.
District Employment of Spouses
Married employees shall be limited to a total of twelve(12)weeks FMLA or CFRA Leave in a twelve(12)month
calendar period for the care of a parent or newly born or placed child.
Six-month Limit on Unpaid Leaves-of-absence
In no event shall a combination of authorized leave-of-absences, whether paid or unpaid, exceed six months in a
24 month period, unless required by the FMLA, CFRA or other law.
GENERAL LEAVE
Subject to Section Six-Month Limit on Unpaid Leaves of Absence above, employees may be granted a general
leave-of-absence to attend to personal matters,or for FMLA or CFRA qualifying events after the expirations of
previously authorized leave, if the Director of Human Resources determines that an extended period of time
away from the job shall be in the best interests of the employee and the District.
During a general leave-of-absence, the employee shall be required to pay both the District's and the employee's
share of medical and dental premiums.
RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE
An employee who has been absent from work due to a medical, non-work-related reason shall be subject to a
Return-to-Work medical evaluation.
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)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.
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 American with Disabilities Act)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 reclassified 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.
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
An employee who believes his/her position is not properly classified may submit a written request to the
Department Head asking that a classification study be conducted. The Department Head will acknowledge the
request in writing and review the request for accuracy,and forward it to the Director of Human Resources 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 1a'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.
Y-Rating
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
Page 14
following the completion of the study, unless the recommendations require action be taken by the Board of
Directors prior to implementation. In such event, the recommendations shall be implemented in the first pay
period immediately following authorization by the Board.
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
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.
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.
Z-Rating
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.
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
Employees who are required by the District to drive must notify their supervisor and the Human Resources Office
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.
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.
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
Employees hired prior to January 1, 2000,who continue to perform their duties satisfactorily, shall not be laid off
for lack of work or lack of funds from the effective date of this contract through October 31, 2002. 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.
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.
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
Page 15
and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification
in writing, whenever possible.
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 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.
Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained
for a period of two years from the dale 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.
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
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
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
Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate.
ARTICLE 35. -ACTING PAY
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 100 consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater.The higher rate of pay begins with
the 101st hour, and continues until the assignment ends or the six month limitation has been reached al 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 Director of Human Resources. The 100-hour eligibility
period may be waived at the discretion of the General Manager.
ARTICLE 36.
(This Article intentionally left blank.)
ARTICLE 37. - PERSONNEL FILES
Employees have the right to inspect their personnel file in the Human Resources Office 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. 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.
Page 16
ARTICLE 38. - BULLETIN BOARDS
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
A maximum of three 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.
The OCEA shall provide the Director of Human Resources 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
District facilities may be used by the OCEA with prior notice to the Director of Human Resources 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
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 any subject or
matter not removed by law from the area of the meet and confer process, and the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are contained in this
Agreement. Therefore,the District and the OCEA,for the term of this Agreement,each voluntarily and
unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter contained in this agreement.
ARTICLE 42. - IMPASSE PROCEDURES
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 14 calendar days or as soon as practicable to:
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.
Impasse procedures are:
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.
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.
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
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 the OCEA shall meet and confer on the affected article,
Page 17
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
The District shall provide and maintain ten 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.
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 wom when attending
business meetings. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary
action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
The District's Substance Abuse Policy will apply to all unit members.
Department of Transportation Regulations
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.
ARTICLE 46. - DUES DEDUCTIONS
The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and
assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations must
be filed by the end of the pay period prior to the period for which the deduction is requested.
The District shall provide the OCEA a monthly list of the names and social security numbers 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 month.
ARTICLE 47.
(This Article intentionally left blank)
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
During the term of this MOU, 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 OCEA agrees that it shall neither advocate, encourage or participate in
any 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
The District's Workplace Violence and Weapons Policy will apply to all unit members.
ARTICLE 51. - RESIGNATION
Voluntary written termination of employment with the District is irrevocable after 72 hours from the receipt of the
resignation, except by approval of the Director of Human Resources.
ARTICLE 52.
(This Article intentionally left blank)
Page 18
2002—2007
MEMORANDUM OF UNDERSTANDING
BETWEENTHE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
Executed. /7 3W3
Signature page
ORANGE COUNTY EMPLOYEES ASSOCIATION — ORANGE COUNTY SANITATION DISTRICT
Engineering Unit
Margo Th Sr. Employee Relations Manager Blake P. Anderson, General Manager
James Lawhon, Senior Construction Inspector Steve Filarsky, ClItef Negotia
Vivid Ray, Senior Const�n Inspector Lisa L. Tomko, Director of Human Resources
Jeff R MH�ur ian Resources Manager
9" l+aw
Jan C Ilins, Principal Human Resources Analyst
Page 19
ENGINEERING UNIT
PAY NOVEMBER 29,2002 JULY 11,2003
CLASSIFICATION GRADE MIN MID MAX MIN MID MAX
Senior Construction Inspector 78 $30,014 $33,766 $37.517 $31,098 $34,986 $38,873
Engineering Associate 76 $28.565 $32.135 $35.706 $29.594 $33.293 $36.992
Construction Inspector 74 $27.189 $30.588 $33.987 $28.172 $31.694 $35.215
Engineering Data Management Technician II 74 $27.189 $30.588 $33.987 $28.172 $31.694 535.215
Engineering Assistant 11 70 $24.628 $27,706 $30.785 $25.518 $28,708 $31.898
Engineering Data Mana emenl Technician 1 70 $24.828 $27.706 $30.785 $25.518 $28.708 $31.898
Engineering Assistant 66 $22.315 $25.105 $27.894 $23.123 $26.013 $28.904
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
November 29, 2002 through June 30, 2007
TABLE OF CONTENTS
ARTICLE 1. - RECOGNITION................................................................................................................................2
ARTICLE 2. -DURATION.......................................................................................................................................2
ARTICLE 3. -SUCCESSOR AGREEMENT...........................................................................................................2
ARTICLE4. -OCEA ACCESS...............................................................................................................................2
ARTICLE S. -OCEA RIGHTS.................................................................................................................................2
ARTICLE 6. -DISTRICT RIGHTS..........................................................................................................................2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT....................................................................................2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT.........................................................................................3
ARTICLE9. -SAFETY...........................................................................................................................................3
ARTICLE 10.- DISCIPLINE AND DISMISSAL......................................................................................................3
ARTICLE 11.-GRIEVANCE PROCEDURE..........................................................................................................4
ARTICLE 12.- PROBLEM SOLVING PROCEDURE............................................................................................5
ARTICLE 13.-SALARY ADJUSTMENTS AND COMPENSATION .....................................................................5
ARTICLE 14.-SEVERANCE PAY.........................................................................................................................6
ARTICLE 15.- DEFERRED COMPENSATION.....................................................................................................7
ARTICLE 16.- HOLIDAYS.....................................................................................................................................7
ARTICLE 17.- HOURS OF WORK........................................................................................................................7
ARTICLE 18.-CALL-BACK PAY..........................................................................................................................8
ARTICLE 19.-STANDBY PAY..............................................................................................................................8
ARTICLE 20.- INSURANCE..................................................................................................................................8
MEDICAL...............................................................................................................................................................8
LIFE......................................................................................................................................................................8
SHORT TERM DISABILITY....................................................................................................................................... S
LONGTERM DISABILITY......................................................................................................................................... 8
DENTAL................................................................................................................................................................ 8
VISION 8
RETIRING EMPLOYEES 9
ARTICLE 21.- REIMBURSEMENT ACCOUNT.....................................................................................................9
GROUP INSURANCE PREMIUMS 9
MEDICAL CARE REIMBURSEMENT ACCOUNT 9
DEPENDENT CARE ASSISTANCE ACCOUNT.............................................................................................................9
ARTICLE 22.-OVERTIME.....................................................................................................................................9
ARTICLE 23. - PROBATIONARY PERIOD...........................................................................................................9
ARTICLE 24. - PROMOTIONS............................................................................................................................. 10
Pagel
ARTICLE 25.- RETIREMENT.............................................................................................................................. 10
ARTICLE 26.-SHIFT DIFFERENTIAL................................................................................................................ 10
ARTICLE 27.- LEAVE-OF-ABSENCE WITH PAY.............................................................................................. 10
VACATION LEAVE 10
SICK LEAVE 11
JURYDUTY LEAVE.......................................................................................................................................... 12
WITNESSLEAVE............................................................................................................................................. 12
MILITARYLEAVE............................................................................................................................................. 12
BEREAVEMENT LEAVE.................................................................................................................................. 12
ARTICLE 28.- LEAVE-OF-ABSENCE WITHOUT PAY...................................................................................... 13
SUBSTITUTION OF PAID LEAVE.................................................................................................................... 13
PERMISSIBLE USES ....................................................................................................................................... 13
FMLALeave................................................................................................................................................. 13
CFRALeave................................................................................................................................................. 13
GENERAL PROVISIONS 13
Requests for FMLA and CFRA Leave 13
MedicalCertifica0on..................................................................................................................................... 13
Medical and Dental Premiums...................................................................................................................... 13
Reinstatement............................................................................................................................................... 13
Failureto Return to Work.............................................................................................................................. 13
Bridgeof Service.......................................................................................................................................... 14
District Employment of Spouses................................................................................................................... 14
Six-month Limit on Unpaid Leaves-of-absence............................................................................................ 14
GENERALLEAVE 14
RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE............................................................... 14
COMPLIANCE WITH LAW................................................................................................................................ 14
ARTICLE 29.-CLASSIFICATION STUDIES....................................................................................................... 14
ARTICLE 30: DRIVER'S LICENSE..................................................................................................................... 15
ARTICLE 31.- LAYOFF PROCEDURE............................................................................................................... 15
ARTICLE 32.- LIGHT DUTY................................................................................................................................ 16
ARTICLE 33.- MEDICAL EXAMINATION........................................................................................................... 16
ARTICLE 34.-MILEAGE ALLOWANCE............................................................................................................. 16
ARTICLE 35.-ACTING PAY............................................................................................................................... 16
ARTICLE 36.- PERFORMANCE REVIEWS........................................................................................................ 16
ARTICLE 37.- PERSONNEL FILES.................................................................................................................... 16
ARTICLE 38.. BULLETIN BOARDS................................................................................................................... 17
ARTICLE 39.- RELEASE TIME FOR MEET AND CONFER SESSIONS...........................................................17
ARTICLE 40.- USE OF DISTRICT FACILITIES.................................................................................................. 17
ARTICLE 41.-SCOPE OF BARGAINING........................................................................................................... 17
ARTICLE 42.- IMPASSE PROCEDURES........................................................................................................... 17
ARTICLE 43.-SEVERABILITY........................................................................................................................... 17
ARTICLE44.-UNIFORMS.................................................................................................................................. 18
Page ii
ARTICLE 45.-SUBSTANCE ABUSE POLICY................................................................................................... 18
DEPARTMENT OF TRANSPORTATION REGULATIONS............................................................................................... 18
ARTICLE 46.- DUES DEDUCTIONS................................................................................................................... 18
ARTICLE47.......................................................................................................................................................... 18
ARTICLE 48.- PEACEFUL RESOLUTION OF DISPUTES................................................................................ 18
ARTICLE49.......................................................................................................................................................... 18
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................ 18
ARTICLE 51. - RESIGNATION............................................................................................................................. 18
ARTICLE52.......................................................................................................................................................... 18
SIGNATUREPAGE.............................................................................................................................................. 19
EXHIBIT"A."CLASSIFICATION &SALARY RANGE GUIDE...........................................................................20
Page!!I
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 Districts 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
This Agreement, effective November 29, 2002, 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."
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
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, 2007.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 and ninety days prior to its expiration.
ARTICLE 3. - SUCCESSOR AGREEMENT
Each party shall submit in writing its initial proposal for a successor agreement at least sixty days prior to the
expiration date of this Agreement.
ARTICLE 4. - OCEA ACCESS
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.
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.
OCEA access shall not interfere with the District's operations, or with the work of employees in any manner. The
District reserves the right to restrict access in certain areas designated as confidential or secure.
ARTICLE 5. - OCEA RIGHTS
The OCEA may designate employees to act as representatives for employees covered by this Agreement. The
OCEA shall furnish the Director of Human Resources 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.
Page 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
Except as otherwise specifically provided in this Agreement or applicable laws, the District has and retains the
sole and exclusive rights and functions of management, including, but not limited to, the following:
1. To determine the nature and extent of services to be performed, as well as the right to determine and
implement its public function and responsibility.
2. To manage all facilities and operations of the District, including the methods, means and personnel by which
the District's operations are to be conducted.
3. To schedule working hours and assign work.
4. To establish, modify or change work schedules or standards.
5. To direct the working forces, including the right to hire, promote, demote or transfer any employee.
6. To determine the location of all plants and facilities.
7. To determine the layout and the machinery, equipment or materials to be used.
8. To determine processes, techniques, methods and means of all operations, including changes or
adjustments of any machinery or equipment.
9. To determine the size and composition of the working force.
10. To determine policy and procedures affecting the selection or training of employees.
11. To establish, assess and implement employee performance standards, including, but not limited to,quality
and quantity standards;the assessment of employee performance; and the procedures for said assessment.
12. To control and determine the use and location of District property, material, machinery or equipment.
13. To schedule the operation of and to determine the number and duration of shifts.
14. To determine safety, health and property protection measures.
15. To transfer work from one job to another or from one plant or unit to another.
16. To introduce new, improved or different methods of operations, or to change existing methods.
17. To layoff employees from duty for lack of work or lack of funds.
18. To reprimand, suspend, discharge or otherwise discipline employees for cause.
19. To establish and determine job classifications.
20. To promulgate, modify and enforce work and safety rules and regulations.
21. To take such other and further action as may be necessary to organize and operate the District in the most
efficient and economical manner and in the best interest of the public it serves.
22. To contract or subcontract construction, services, maintenance,distribution or any other work with outside
public or private entities.
23. OCEA expressly and specifically agrees that except to the extent that the District's rights are expressly
limited by the terms of this Agreement, OCEA waives any and all of its rights to meet and confer on any of
the District's rights. If the exercise of these rights affects wages, hours or terms and conditions of
employment,the District may act to exercise its rights but shall meet and confer on the effects of its actions.
24. To adopt rules, regulations and policies to implement and/or be in compliance with federal and state laws.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard to
race, color, religion, national origin, ancestry, sex, sexual orientation, or veteran status. To the extent required
by law or by the District's rules or regulations, this provision of the Agreement shall be applied to all members of
the unit without regard to marital status, handicap, medical condition, status as a disabled veteran,age or
citizenship.
Page 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
The District endorses and supports the right of all employees to work in a healthy and safe environment free of
recognized hazards. In view of the hazards associated with smoking and the potentially harmful effect it has on
the health and well being of District employees and their families, smoking is not acceptable within District
facilities, and may occur only in outside areas not posted as no smoking.
ARTICLE 9. - SAFETY
It is the duty of the District to provide and maintain a safe place of employment. OCEA shall cooperate by
encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all
employees covered by this Agreement, in the course of performing their assigned duties,to be alert to unsafe
practices,equipment, and conditions, and to follow the safety regulations and requirements of the District, and to
report any unsafe practices or conditions to their immediate supervisors. An employee shall not be required to
perform work that is unsafe.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
1. Discipline may occur when any of the following actions are taken forjust cause with respect to any employee
in the unit:verbal reprimand,written reprimand, suspension without pay; reduction in pay,er demotion to a
classification with a lower maximum rate of pay or dismissal.
2. Dismissal,for purposes of this Article, is the separation of a non-probationary employee initiated by the
District for just cause.
3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
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.
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 actiori a copy of the charges and materials
upon which the action is based; and, (4)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 business days of the date of issuance
of the notice. The Notice shall also advise the employee of his or her right to representation.
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 Human
Resources policies and procedures.
7. Dismissal shall be preceded by at least one 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 warnings.
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 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
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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.
9. Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources
Office. Documentation regarding verbal and written reprimands may be removed from an employee's
personnel file twenty-four 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 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 Office for the purpose of showing that progressive discipline has
been followed or in support of the District's proposed discipline.
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.
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,
reduction from Step 6 to Step 5 pursuant to Article 13 shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
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.
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 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.
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.
Step 1. An employee who has a complaint shall attempt to resolve it with his or her immediate supervisor within
five days of the occurrence of the event giving rise to the complaint,or within five days from the time that the
employee became aware of such event. The supervisor shall attempt to resolve the issues surrounding the
complaint, and respond to the employee within five days.
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 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.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 slate 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.
The Department Head shall respond in writing to the employee within ten days after the date the grievance is
received.
Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the Director of Human Resources,
or designee, for review and written response.The request for formal review must be presented on a form
provided by the District within ten 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. The Director of Human Resources or designee shall respond in writing to the employee
within ten days after the date the grievance is received.
Step 4. If the grievance cannot be resolved under Step 3, it may be presented to the General Manager within
ten days from the date the Step 3 finding was issued. The General Manager, or designee,shall respond in
writing to the employee within fifteen days after the dale the grievance is received.Appeal to the General
Manager is the final step in the Grievance Procedure.
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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.
Failure of a supervisor, Department Head or other 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 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.
Resolution may be agreed upon at any stage of the grievance process. However,the OCEA shall be notified
prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
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.
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.
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 within ten days of receipt of the supervisor's
decision. Upon request of either parry, a meeting shall be held to define issues and establish the remedies
sought. The employee shall be provided a written response within ten 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 is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
Merit Pay Step System
Effective November 29, 2002, each pay grade will be divided into 6 steps with an approximate 4.6%difference
between each step.
Effective November 29, 2002, all active employees as of November 29, 2002 will be placed on the nearest step
so that no employee will experience a decrease in his/her hourly pay rate.
Employees hired on or before November 29, 2002 will be eligible for a step increase on the following dates for
the duration of this contract based on receiving a satisfactory or above performance review rating until they reach
step 5. Employees not receiving a satisfactory or above performance review shall not be eligible for a merit
based salary adjustment.
• July 11, 2003
• July 9, 2004
• July 8, 2005
• July 7, 2006
Movement between step 5 to step 6 will be based on a"gatekeeper'factor.
• Gatekeeper factor
Placement at step 6 of the salary range will require receipt of an above average or outstanding performance
review on an annual basis. Unit employees who are at step 6 of the range and who do not receive an above
average or outstanding performance review shall be placed at step 5 of the range and will not be placed at
step 6 unless an above average or outstanding performance review is received in the following year.
A change from step 6 to step 5 shall be reviewed and approved by the Human Resources Director or his/her
designee prior to implementation. An employee may appeal the change pursuant to the"appeal process"
provided for in the current review procedure for OCEA employees.
Page 5
Employees hired after November 29, 2002, shall be eligible for a step increase based on the following schedule:
• Step 1 to 2: First pay period following six(6)months of service
• Step 2 to 3: First pay period following one(1)year of service at step 2
• Step 3 to 4: First pay period following one(1)year of service at step 3
• Step 4 to 5: First pay period following one(1)year of service at step 4
• Step 5 to 6: First pay period following one(1)year of service at step 5.
Salary Structure Range Adjustment
Effective November 29, 2002,the current salary ranges will be increased by 1.24%. Base wages for all active
employees as of November 29,2002 will be adjusted by 1.24%. Salary ranges will be reviewed and updated
based on the 75' percentile, effective the first pay period after each fiscal year.A market study will be conducted
on or about July 15t'of each year utilizing ranges in effect July I", resulting in the following:
• This information will be discussed during a meet and confer process with management and business
representatives.
• Salary ranges will be adjusted based on the overall average of this market study to the hundredth
decimal place, not to exceed a 4.00%annual increase.
• Adjustments for the duration of the contract will be as follows:
o July 11, 2003
o July 9, 2004
o July 6,2005
o July 7, 2006
• Base wages for all active employees as of the above dates will be adjusted accordingly.
The District will not conduct a new comprehensive district-wide classification and compensation study during the
term of this agreement.
Classification Pay Grade Adjustment
As part of the annual salary structure range adjustment process, each benchmark classification will be reviewed
to determine if any individual classifications need to have the pay grade adjusted based on the following criteria:
1. If a pay grade change is agreed upon for a specific classification,the District and OCEA will review other
classifications that are linked to the specific classification (within the unit or comparable classifications in
other departments)to maintain the internal integrity of the district-wide salary range structure.
2. In the event that a benchmark classification (and a classification"tied into"a benchmark classification)is
five percent(5.0%)or more below the aggregate average of all benchmark classifications, the parties
agree to meet and confer with respect to such classifications; the issues to be discussed are additional
salary adjustments to maintain the 75"percentile, "vertices job series relationships, and"horizontal"job
classification comparisons.
ARTICLE 14. - SEVERANCE PAY
Employees are expected to give a minimum of two 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 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:
1. Full-time, regular employees shall be entitled to eight hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty hours pay.
2. Employees in limited term or part-time classifications, probationary employees and employees who are
separated for cause,are not eligible for severance pay under any circumstances.
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ARTICLE 15. - DEFERRED COMPENSATION
Employees may participate in the District's approved deferred compensation plan subject to all guidelines for
participation established by District's management.
ARTICLE 16. - HOLIDAYS
The days listed below are observed by the District as holidays. Full-time employees will receive holiday pay if
their entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status.
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 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. In no case may an employee accumulate more than fifty hours Holiday
compensatory time off.
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—
Employees may elect one day during each year as a"Floating Holiday",which new employees shall
accrue on the following pro rate basis their first calendar year of service: V'quarter hire—100%; 2"d quarter hire
—75%; 3r°quarter hire—50%; and,0 quarter hire—0%. Such day must be used within the year it is accrued.
Every effort will be made to grant an employee's request for a"Floating Holiday"off providing sufficient notice is
given.
ARTICLE 17. - HOURS OF WORK
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(9180 schedule),five 8-hour days each workweek
(10/80),four 10-hour days each workweek(8/80), or three 12-hour days and one 4-hour day each workweek
(7/80). The starting and ending times of individual employees'workweeks may vary.
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.
The District may, at its sole discretion,change an employee's work schedule with thirty(30)days written notice
to the affected employee.
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ARTICLE 18. - CALL-BACK PAY
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
Standby is time during which an employee is not required to be at the work location or at the employee's resi-
dence 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 two hundred dollars per week, and shall
receive Call Back pay when they are actually called to work.
ARTICLE 20. - INSURANCE
In January 2004, the District and OCEA agree to reopen this Article for the purpose of developing cost
containment initiatives in the existing health plans and/or to change insurance carriers. Any changes must be
mutually agreed to by the parties.This reopener shall not include the District's contribution rate set forth below.
The District shall provide medical/health insurance coverage through both Health Maintenance Organizations
and an indemnity type group health plan, life insurance, and disability insurance for the benefit of full-time
employees.
All insurance coverage shall become effective on the first day of the month following date of hire, regardless of
hire dale. An open enrollment period shall be held annually in the month of June.
Medical
Regular,full-time employees:
The District shall contribute 90%of employee only premiums for the HMO medical health plans and shall
contribute 80%of employee only premiums for the POS medical health plans and 80%for employee+1
dependent and full family premiums. 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 the plan.The new contribution rate will become effective July 1,
2004.
Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
Short Term Disability
The District shall provide a non-work related,short-term disability indemnity plan that pays up to$490 per week
for up to 26 weeks following a fourteen calendar day waiting period.
Long Term Disability
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 years of
service.
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.
Dental
The District will contribute 80%of employee only premiums for dental insurance and will contribute 80%of full
family premiums. This new contribution rate will become effective July 1, 2004.
Vision
The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents.
Page 8
Retiring Employees
The District shall pay,for employees hired prior to July 1, 1988, two and one-half months'premium for each year
of continuous service of a retiring employee towards the premium costs of coverage for the employee and
eligible dependents under the District's medical plan.
In the event the District adds additional optional insurance plans, the District's share of the premium shall be the
same as for existing plans as set forth above. In the event the District changes underwriters for existing
insurance plans,the District's share of the premium shall be the same as for existing insurance plans as set forth
above.
The District shall enter into an agreement with the Orange County Employee Retirement System(OCERS)to
implement the retiree medical health premium offset program established by the County of Orange wherein the
cost of health premiums are offset by$10 per month for every year of service up to a maximum of 25 years or
$250 per month.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
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 Office.
Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
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
rare costs not otherwise covered by his or her medical insurance.
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 child care expenses or
day care for a disabled dependent.
ARTICLE 22. - OVERTIME
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.
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 40 hours in a seven (7)day
workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
All new employees serve an initial probationary period beginning with the date of hire and extending to at least
the first day of the pay period following twenty-six weeks of employment without a break in service. Extended
absence without pay, short-term and long-term disability and Workers'Compensation leave does not provide an
opportunity to judge an employees'capability to meet performance expectations for a position,and thus the time
spent on such leaves shall not be included towards completion of the probationary period and may result in an
extension.
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.
Employees who are reassigned or laterally transferred will serve a probationary period of twenty-six(26)weeks.
The"probationary period"shall not divest an employee of his/her property right in his/her former position.
Rejection of probation during this period shall result in the employee reverting to his/her former assignment
and/or position.
Page 9
ARTICLE 24. - PROMOTIONS
A promotion is the appointment of an employee to another classification with a higher maximum rate of pay. The
District shall determine whether a vacant position shall be filled on an open, promotional or reassignment basis.
Whenever the District intends to fill a position by promotion, the District shall post the opportunity for a minimum
of ten business days. Employees must apply during the period of posting. Notices shall be posted on bulletin
boards within Plants 1 and 2.
A promoted employee shall serve a promotional probationary period lasting at least until the first day of the pay
period six months 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 days. If an
employee is promoted during his or her initial probationary period, the period shall be extended until at least the
first day of the pay period twenty-six weeks after the effective dale of the promotion.
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
The District shall continue participation in the Orange County Employees Retirement System,wherein all
full-time employees are considered members. The retirement program in effect pursuant to the contract between
OCERS and the District, as of December 2, 1977, shall continue until June 30, 2005.
Effective July 1, 2005,the following change will occur:
1. The District will contract with the Orange County Employees Retirement System to provide the following new
benefit formula for all existing Tier II employees and any new employees, 2.5% @ 55 based on the highest
consecutive 36 months average earnings, past and future service.
2. Tier I employees will be allowed to make a one-time only decision to remain in the current Tier I program or
move to the new option. This decision must be made by June 1,2005.
The District shall continue to pay 4.5%of an eligible employee's base salary towards the employee's contribution
to the Orange County Employees Retirement System through June 30,2005.
Effective July 1, 2005,the following change will occur:
1. The District shall pay 3.5%of an eligible employee's base salary towards the employee's contribution to the
Orange County Employees Retirement System for all current employees converting to the new plan and any
new employees entering the system.
2. The District shall continue to pay 4.5%of an eligible employee's base salary towards the employee's
contribution to the Orange County Employees Retirement System for all employees remaining in the Tier I
option.
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
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
VACATION LEAVE
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
Page 10
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
Vacation leave begins after an employee has completed 6 months of continuous service. After the individuals
first 6 months 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. A full-time, regular employee will be granted pro-rata vacation leave credit during any pay
period in which he or she is absent without pay for a minimum of one (1)full working day. A part-time, regular
employee will not be granted vacation leave credit during any period he or she is absent without pay on his or
her regular working day.
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.
SICK LEAVE
Definition. Sick leave is an insurance or protection provided by the District to be granted to employees in
circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right
to take time off from work. Sick leave is defined as the absence from duty of an employee because of a bona
fide illness, injury, or pregnancy, or to attend to the illness or injury of a family member as hereinafter defined.
Temporary employees are not entitled to sick leave benefits.
Method. -Sick Leave Accrual. Full-time employees hired prior to 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.
A full-time, regular employee shall be granted pro-rata sick leave credit during any pay period in which he or she
is absent without pay for a minimum of one (1)full working day. A part-fime, regular employee shall not be
granted sick leave credit during any period he or she is absent without pay on his or her regular working day. In
the event an employee is required to work part-time by direction of his or her physician, sick leave credit shall be
prorated, except that sick leave shall continue to accrue if an employee is absent due to an injury arising out of or
in the course of his or her employment and is entitled to Workers' Compensation benefits.
Annual Payoff. Employees may elect annually to be paid for any unused sick leave hours accrued through the
end of October at their current hourly rate according to the following payoff schedule or as specified in a
Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
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 shall be paid at the
fifty percent(50%)rate for all accrued and unused sick leave.
Permissible Uses. Sick leave may be applied only to:
Page 11
A. Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by the
employee's supervisor.
C. Absence for the care of the employee's father,father-in-law, mother, mother-in-law, brother, sister,
husband,wife, child,grandparent, legal guardian, or any family member with whom the employee
resides.
D. Absence due to a job-related injury.
General Provisions. To qualify for sick leave pay,the employee must notify the District at or in advance of the
time the employee is scheduled to report for duty. Minimum charge to the employee's sick leave account shall be
one-half-hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the sick leave
privilege. If notified in advance,the employee may be required, at any time,to furnish a certificate issued by a
licensed physician or nurse, or other satisfactory evidence of illness; however,for absences of ten consecutive
working days or more,a request for leave and a medical statement, on prescribed forms, stating expected date
of return must be submitted to Human Resources. Upon return to work, a written doctor's release must be
submitted to Human Resources. For absences of one or more working days in an unpaid status,a request for
leave 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.
JURY DUTY LEAVE
Any full-time, including probationary, employee who is called for jury duty shall, upon request on prescribed
forms approved by Human Resources, 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 22 working days.
Prior to jury duty service,each employee must complete the District's Leave-of-Absence Form and turn it in to
Human Resources with a copy of the summons.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%z of
their regular shift remaining. Employees are not compensated for jury duty occurring on scheduled days off.
WITNESS LEAVE
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 request on Leave-of-Absence Forms approved by Human Resources, 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.
An employee so subpoenaed must submit a copy of the subpoena with his or her time sheet 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.
MILITARY LEAVE
A request for military leave shall be made upon leave-of-absence forms approved by the Director of Human
Resources and shall state the date when it is desired to begin the leave-of-absence and the date of anticipated
return. A copy of the orders requiring such military service shall be submitted with the request.
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 year or more service with a public entity is
entitled to military leave with pay not exceeding 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 17 calendar days per year,although the employee may, at his or her option, elect to
use vacation 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.
Page 12
BEREAVEMENT LEAVE
Using the prescribed forms, approved by Human Resources,any full-time employee,whether probationary or
regular, shall receive a maximum of 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,father-in-law, mother, mother-in-law,
brother, sister, husband, wife,child,stepchild,grandchild,grandparent,foster parent, foster child, legal
guardian, or any family member with whom the employee resides.
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
It is the policy of the District to grant employees extended leave-of-absences under certain circumstances.
Except as stated below, employees shall not receive compensation during a leave-of-absence.
Using the prescribed forms, approved by the Director of Human Resources, any full-time, including probationary,
or part-time employees with at least 52 weeks of service and at least 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 twelve(12)month calendar
period. 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 consecutive working days, or for absences of ten working
days or more when using paid sick leave accruals.
SUBSTITUTION OF PAID LEAVE
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 vacation and other accruals, except sick leave accruals, before
unpaid leave is granted. Vacation, personal leave and sick leave credit shall not accrue during any pay period
that an employee is absent without pay for more than one day.
Personal leave accruals may be used for the rare of the employee's father,father-in-law, mother, mother-in-law,
brother, sister, husband, wife, child, step-child,grandchild,grandparent, legal guardian, or any family member
with whom the employee resides.
PERMISSIBLE USES
FMLA Leave
Unpaid FMLA leave may be used for 1)child care following the birth or placement of a child, 2)the care of a
father,father-in-law, mother, mother-in-law, brother, sister, husband,wife, child, step-child, grandchild,
grandparent, legal guardian, or any family member with whom the employee resides who has a serious health
condition,as defined in the Act;and, 3)for 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.
CFRA Leave
Unpaid CFRA Leave may be used for: 1)the same purposes as FMLA Leave, and shall run concurrently except
that 2)an employee's incapacity due to pregnancy is not eligible for CFRA Leave. However, such incapacity
may entitle an employee to up to four months of pregnancy disability leave,with medical approval, plus another
twelve(12)weeks of FMLA Leave,to care for the child, in a twelve(12)month period.
GENERAL PROVISIONS
Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable,the District requests 30 days advance notice.
Medical Certification
As a condition of FMLA or CFRA Leave because of a serious health condition,the District may require
certification by a health care provider.
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.
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 rase the District's obligation to continue health and dental or other benefits
shall cease.
Failure to Return to Work
If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof, an employee fails to
return to work, the employee shall be considered to have automatically resigned from his or her position. The
District shall review vacancies to determine whether or not a vacant position exists that the employee is qualified
to perform with or without reasonable accommodation. If the employee is still unable to perform the essential
Page 13
duties of his or her position,the employee shall be considered to have automatically resigned from his or her
position, unless eligible for disability retirement.
Bridge of Service
If an employee is forced to automatically resign from his or her position as a result of a bona-fide injury or illness,
and then is rehired to a position within the District within one year,the District shall bridge the employee's service
date. Bridging of service procedures involve adding the total number of days away from work to the employees
original date of hire.
District Employment of Spouses
Married employees shall be limited to a total of twelve(12)weeks FMLA or CFRA Leave in a twelve(12)month
calendar period for the care of a parent or newly born or placed child.
Six-month Limit on Unpaid Leaves-of-absence
In no event shall a combination of authorized leave-of-absences, whether paid or unpaid, exceed six months in a
24 month period, unless required by the FMLA, CFRA or other law.
GENERAL LEAVE
Subject to Section Six-Month Limit on Unpaid Leaves of Absence above, employees may be granted a general
leave-of-absence to attend to personal matters,or for FMLA or CFRA qualifying events after the expirations of
previously authorized leave, if the Director of Human Resources determines that an extended period of time
away from the job shall be in the best interests of the employee and the District.
During a general leave-of-absence, the employee shall be required to pay both the District's and the employee's
share of medical and dental premiums.
RETURN TO WORK POLICY FOR NON-WORK-RELATED LEAVE
An employee who has been absent from work due to a medical, non-work-related reason shall be subject to a
Return-to-Work medical evaluation.
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)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.
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 American with Disabilities Act)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 reclassified 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.
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
An employee who believes his/her position is not properly classified may submit a written request to the
Department Head asking that a classification study be conducted. The Department Head will acknowledge the
request in writing and review the request for accuracy,and forward it to the Director of Human Resources 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 1a'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.
Y-Rating
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
Page 14
following the completion of the study, unless the recommendations require action be taken by the Board of
Directors prior to implementation. In such event, the recommendations shall be implemented in the first pay
period immediately following authorization by the Board.
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
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.
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.
Z-Rating
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.
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
Employees who are required by the District to drive must notify their supervisor and the Human Resources Office
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.
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.
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
Employees hired prior to January 1, 2000,who continue to perform their duties satisfactorily, shall not be laid off
for lack of work or lack of funds from the effective date of this contract through October 31, 2002. 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.
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.
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
Page 15
and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification
in writing, whenever possible.
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 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.
Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained
for a period of two years from the dale 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.
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
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
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
Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate.
ARTICLE 35. -ACTING PAY
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 100 consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater.The higher rate of pay begins with
the 101st hour, and continues until the assignment ends or the six month limitation has been reached al 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 Director of Human Resources. The 100-hour eligibility
period may be waived at the discretion of the General Manager.
ARTICLE 36.
(This Article intentionally left blank.)
ARTICLE 37. - PERSONNEL FILES
Employees have the right to inspect their personnel file in the Human Resources Office 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. 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.
Page 16
ARTICLE 38. - BULLETIN BOARDS
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
A maximum of three 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.
The OCEA shall provide the Director of Human Resources 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
District facilities may be used by the OCEA with prior notice to the Director of Human Resources 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
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 any subject or
matter not removed by law from the area of the meet and confer process, and the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are contained in this
Agreement. Therefore,the District and the OCEA,for the term of this Agreement,each voluntarily and
unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter contained in this agreement.
ARTICLE 42. - IMPASSE PROCEDURES
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 14 calendar days or as soon as practicable to:
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.
Impasse procedures are:
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.
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.
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
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 the OCEA shall meet and confer on the affected article,
Page 17
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
The District shall provide and maintain ten 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.
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 wom when attending
business meetings. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary
action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
The District's Substance Abuse Policy will apply to all unit members.
Department of Transportation Regulations
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.
ARTICLE 46. - DUES DEDUCTIONS
The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and
assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations must
be filed by the end of the pay period prior to the period for which the deduction is requested.
The District shall provide the OCEA a monthly list of the names and social security numbers 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 month.
ARTICLE 47.
(This Article intentionally left blank)
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
During the term of this MOU, 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 OCEA agrees that it shall neither advocate, encourage or participate in
any 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
The District's Workplace Violence and Weapons Policy will apply to all unit members.
ARTICLE 51. - RESIGNATION
Voluntary written termination of employment with the District is irrevocable after 72 hours from the receipt of the
resignation, except by approval of the Director of Human Resources.
ARTICLE 52.
(This Article intentionally left blank)
Page 18
2002—200T
MEMORANDUM OF UNDERSTANDING
BETWEENTHE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
Executed' �O`"-"s'��*^ �� arna
Signature page
ORANGE COUNTY EMPLOYEES ASSOCIATION — ORANGE COUNTY SANITATION DISTRICT
Technical Services Unit
�Margo
T� son, Sr. Employee Relations Manager Blake P. Anderson, General) Manager
Fran Morrison, Source Control Inspector II Steve Filarsky,Ia ief Negotigt r
Mary Thompson, Source Control Inspector II Lisa L. Tomko, Director of Human Resources
Je eed, ma escurces Manager
—
J n Collins, Principal Human Resources Analyst
Page 19
TECHNICAL SERVICES UNIT
PAY NOVEMBER 29,2002 JULY 11,2003
CIASSIFICATION GRADE MIN MID MAX MIN MID MAX
Source Control Inspector ll 73 $26,525 $29,840 $33.156 $27,480 $30,915 $34,350
Source Control Inspector 1 69 $24.032 $27.036 $30.040 $24.900 $28.013 $31.125
Information Technology Technician ll 65 $21.771 $24.492 $27.213 $22.555 $25.375 $28.194
Information Technology Technician l 61 $19.722 $22.187 $24.652 $20.432 $22.986 $25.540
Source Control Technician 61 $19.722 $22,187 $24.652 $20,432 $22,986 $25.540
,I-aboratory Assistant 57 $17.866 $20.099 $22.333 $18.512 $20.828 $23.140