HomeMy WebLinkAbout07-23-2025 Steering Committee Meeting Complete Agenda Packet
SPECIAL NOTICE
PUBLIC ATTENDANCE & PARTICIPATION AT PUBLIC MEETINGS
Steering Committee Meeting
Wednesday, July 23, 2025
5:00 p.m.
Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. IN-PERSON MEETING ATTENDANCE
You may attend the meeting in-person at the following location: Orange County Sanitation District Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708 ONLINE MEETING PARTICIPATION
You may join the meeting live via Teams on your computer or similar device or web browser by
using the link below: Join the meeting now
We suggest testing joining a Teams meeting on your device prior to the commencement of the
meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak
during the public comment section of the meeting. The Clerk of the Board will call upon you by
using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any
items. Additionally, camera feeds may be controlled by the meeting moderator to avoid
inappropriate content.
HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455
When prompted, enter the Phone Conference ID: 667 318 649#
All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device.
Please raise your hand to speak by use *5, during the public comment section of the meeting.
The Clerk of the Board will call upon you by using the last 4 digits of your phone number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed
Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. WATCH THE MEETING ONLINE
The meeting will be available for online viewing at:
https://ocsd.legistar.com/Calendar.aspx SUBMIT A COMMENT
You may submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)”
or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting.
All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record.
For any questions and/or concerns, please contact the Clerk of the Board’s office at
714-593-7433. Thank you for your interest in OC San!
July 16, 2025
NOTICE OF REGULAR MEETING STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, July 23, 2025 – 5:00 P.M.
Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. Specific information as to how to participate in this meeting is detailed on the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during this meeting: you may participate in person, join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. The Regular Meeting of the Steering Committee of the Orange County Sanitation District will be held at the above location and in the manner indicated on Wednesday, July 23, 2025 at 5:00 p.m.
STEERING COMMITTEE & BOARD MEETING DATES August 27, 2025
September 24, 2025
October 22, 2025
November 19, 2025 *
December 17, 2025 *
January 28, 2026
February 25, 2026
March 25, 2026
April 22, 2026
May 27, 2026
June 24, 2026
July 22, 2026
* Meeting will be held on the third Wednesday of the month
ROLL CALL STEERING COMMITTEE
Meeting Date: July 23, 2025 Time: 5:00 p.m.
COMMITTEE MEMBERS (7) Ryan Gallagher, Board Chair
Jon Dumitru, Board Vice-Chair
Pat Burns, Operations Committee Chair Christine Marick, Administration Committee Chair
Glenn Grandis, Member-At-Large
Chad Wanke, Member-At-Large
John Withers, Member-At-Large
OTHERS Scott Smith, General Counsel
STAFF
Rob Thompson, General Manager
Lorenzo Tyner, Assistant General Manager
Jennifer Cabral, Director of Communications Mike Dorman, Director of Engineering
Laura Maravilla, Director of Human Resources
Riaz Moinuddin, Director of Operations & Maintenance Wally Ritchie, Director of Finance
Lan Wiborg, Director of Environmental Services
Kelly Lore, Clerk of the Board
ORANGE COUNTY SANITATION DISTRICT Effective 2/11/2025 BOARD OF DIRECTORS Complete Roster
AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR
Anaheim
Carlos A. Leon
Ryan Balius
Brea Christine Marick Cecilia Hupp
Buena Park Joyce Ahn Lamiya Hoque
Cypress Scott Minikus Bonnie Peat
Fountain Valley Glenn Grandis Ted Bui
Fullerton Jamie Valencia Shana Charles
Garden Grove Stephanie Klopfenstein Cindy Ngoc Tran
Huntington Beach Pat Burns Gracey Van Der Mark
Irvine Melinda Liu Kathleen Treseder
La Habra Jose Medrano Rose Espinoza
La Palma Debbie Baker Vikesh Patel
Los Alamitos Jordan Nefulda Tanya Doby
Newport Beach Erik Weigand Michelle Barto
Orange Jon Dumitru John Gyllenhammer
Placentia Chad Wanke Ward Smith
Santa Ana Johnathan Ryan Hernandez Jessie Lopez
Seal Beach Lisa Landau Ben Wong
Stanton David Shawver John D. Warren
Tustin Ryan Gallagher Austin Lumbard
Villa Park Jordan Wu Kelly McBride
Sanitary/Water Districts
Costa Mesa Sanitary District Bob Ooten
Art Perry
Midway City Sanitary District Andrew Nguyen Tyler Diep
Irvine Ranch Water District John Withers Dan Ferons
Yorba Linda Water District Tom Lindsey Gene Hernandez
County Areas
Board of Supervisors Doug Chaffee Janet Nguyen
STEERING COMMITTEE
Regular Meeting Agenda
Wednesday, July 23, 2025 - 5:00 PM
Huntington Beach Room
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations,
please contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at
least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type
of accommodation requested.
AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this
agenda has been posted outside OC San's Headquarters located at 18480 Bandilier Circle, Fountain Valley,
California, and on the OC San’s website at www.ocsan.gov not less than 72 hours prior to the meeting date and
time above. All public records relating to each agenda item, including those distributed less than 72 hours
prior to the meeting to a majority of the Board of Directors, are available for public inspection with the Clerk of
the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be
considered or discussed. The recommended action does not indicate what action will be taken. The Board of
Directors may take any action which is deemed appropriate.
MEETING RECORDING: A recording of this meeting is available within 24 hours after adjournment of the
meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14 days
before the meeting. For any questions on the agenda, Board members may contact staff at:
General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7110
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Director of Communications: Jennifer Cabral, jcabral@ocsan.gov / (714) 593-7581
Director of Engineering: Mike Dorman, mdorman@ocsan.gov / (714) 593-7014
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
Director of Finance: Wally Ritchie, writchie@ocsan.gov / (714) 593-7570
Director of Human Resources: Laura Maravilla, lmaravilla@ocsan.gov / (714) 593-7007
Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269
STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 23, 2025
CALL TO ORDER
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may participate in person, join the meeting live via Teams on your computer or similar device or
web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for
consideration before or during the meeting.
REPORTS:
The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion,
without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in
the regular order of business.
1.2025-4374APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Steering Committee held June 25,
2025.
Originator:Kelly Lore
Agenda Report
06-25-2025 Steering Committee Meeting Minutes
Attachments:
NON-CONSENT:
2.2025-4407SUCCESSOR MEMORANDA OF UNDERSTANDING FOR THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OC SAN 25-06, entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memoranda of
Understanding (MOUs) between the Orange County Sanitation District and the
Orange County Employees Association (OCEA), for Fiscal Years 2025/2026,
2026/2027 & 2027/2028”; and
Page 1 of 5
STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 23, 2025
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the three (3) OCEA bargaining
units.
Originator:Laura Maravilla
Agenda Report
Resolution No. OC SAN 25-06 (OCEA)
OCEA Admin-Clerical MOU (Redlined)
OCEA Tech MOU (Redlined)
OCEA Eng MOU (Redlined)
Attachments:
3.2025-4409SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR THE
INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 501
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OC SAN 25-07, entitled “A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memorandum
of Understanding (MOU) between the Orange County Sanitation District and the
International Union of Operating Engineers Local 501, for Fiscal Years
2025/2026, 2026/2027 & 2027/2028”; and
B. Direct staff to finalize and sign the Memorandum of Understanding (MOU)
between Orange County Sanitation District and the International Union of
Operating Engineers Local 501 bargaining unit.
Originator:Laura Maravilla
Agenda Report
Resolution No. OC SAN 25-07 (Local 501)
LOCAL 501 MOU (Redlined)
Attachments:
4.2025-4410SUCCESSOR MEMORANDA OF UNDERSTANDING FOR THE
SUPERVISOR AND PROFESSIONAL MANAGEMENT GROUPS
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OC SAN 25-08, entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memoranda of
Understanding (MOUs) between the Orange County Sanitation District and the
Supervisory and Professional Management Group, for Fiscal Years 2025/2026,
2026/2027 & 2027/2028”; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the two (2) Supervisory and
Professional Management Group bargaining units.
Originator:Laura Maravilla
Page 2 of 5
STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 23, 2025
Agenda Report
Resolution No. OC SAN 25-08 (SPMG)
Supervisor Group MOU (Redlined)
Professional Group MOU (Redlined)
Attachments:
5.2025-4385ACQUISITION OF RIGHTS-OF-WAY AND EASEMENTS
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OC SAN 25-09 entitled, “A Resolution of the Board of Directors
of Orange County Sanitation District Authorizing the General Manager to Acquire
Project-Related Permanent Easements, Rights-of-Way, and Other Interests in Real
Property of $150,000 or Less and to Acquire Temporary Construction Easements of
Less than Five Years for Projects Approved by the Board of Directors; and Repealing
Resolution No. OCSD 98-44.”
Originator:Lorenzo Tyner
Agenda Report
Resolution No. OC SAN 25-09
Attachments:
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the
Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,
pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9,
54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c)
employment actions or negotiations with employee representatives; or which are exempt from public disclosure
under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are
not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes
will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
CS-1 2025-4375CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE
SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Designated Representatives: General Manager Robert Thompson, Assistant General
Manager Lorenzo Tyner, and Director of Human Resources Laura Maravilla.
Page 3 of 5
STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 23, 2025
Unrepresented Employees:
Confidential Group, Manager Group, and Executive Managers Group.
Agenda Report
Steering CS Memo re Labor Negotiations 07-23-25
Attachments:
CS-2 2025-4384PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1)
RECOMMENDATION: Convene in Closed Session:
Public Employee Performance Evaluation
Number of Employees: 1
·General Manager
Originator:Laura Maravilla
Agenda Report
Steering CS Memo re GM Performance Evaluation 07-23-25
Attachments:
CS-3 2025-4412CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE
SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Designated Representatives: Board Chairman Ryan Gallagher and Board
Vice-Chairman Jon Dumitru
Unrepresented Employee: General Manager
Agenda Report
Steering CS Memo re GM Labor Negotiations 07-23-25
Attachments:
CS-4 2025-4383CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 3
A. Michael Oberly v. Orange County Sanitation District, Orange County Superior
Court and Does 1-25, Orange County Superior Court Case No.
30-2025-01489491-CU-OE-CJC.
B. Julie Ha v. Orange County Sanitation District, Orange County Superior Court
Case No. 30-2025-01484899-CU-WT-CJC.
C. Joe Lara v. Orange County Sanitation District, Orange County Superior Court
Page 4 of 5
STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 23, 2025
Case No. 30-2025-01451615-CU-OE-CJC.
Agenda Report
Steering CS Memo re Existing Litigation 07-23-25
Attachments:
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Steering Committee on August 27, 2025
at 5:00 p.m.
Page 5 of 5
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4374 Agenda Date:7/23/2025 Agenda Item No:1.
FROM:Robert Thompson, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve minutes of the Regular meeting of the Steering Committee held June 25, 2025.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 24-09
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·June 25, 2025 Steering Committee meeting minutes
Orange County Sanitation District Printed on 7/14/2025Page 1 of 1
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, June 25, 2025
5:00 PM
Huntington Beach Room
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman Ryan Gallagher on Wednesday, June 25, 2025 at 5:00
p.m. in the Orange County Sanitation District Headquarters.
ROLL CALL AND DECLARATION OF QUORUM:
Assistant Clerk of the Board Jackie Castro declared a quorum present as follows:
PRESENT:Ryan Gallagher, Jon Dumitru, Pat Burns, Glenn Grandis, Christine
Marick, Chad Wanke and John Withers
ABSENT:None
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Jennifer Cabral, Director of Communications; Mike Dorman, Director of
Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of
Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of
Environmental Services; Jackie Castro, Assistant Clerk of the Board; Mo Abiodun; Marc
Brown; Don Cutler; Thys DeVries; Justin Fenton; Tania Moore; Aldwin Ramirez; Kevin Work;
and Ruth Zintzun were present in the Huntington Beach Room.
OTHERS PRESENT: Scott Smith, General Counsel; Whitney Saraka, Associate Counsel;
Laura Drottz Kalty, Special Counsel, Liebert Cassidy Whitmore; and Philip Lem, Special
Counsel, Payne & Fears LLP, were present in the Huntington Beach Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Gallagher and General Manager Rob Thompson did not provide reports.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2025-4336
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Page 1 of 6
STEERING COMMITTEE Minutes June 25, 2025
Approve minutes of the Regular meeting of the Steering Committee held May 28, 2025.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Glenn Grandis and Chad
Wanke
NOES:None
ABSENT:Christine Marick and John Withers
ABSTENTIONS:None
2.FOOD WASTE TIPPING FEE 2025-4354
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a tipping fee of $47 per wet ton of source separated organic food waste to
provide to pre-processors for planning purposes.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Glenn Grandis and Chad
Wanke
NOES:None
ABSENT:Christine Marick and John Withers
ABSTENTIONS:None
NON-CONSENT:
3.GENERAL MANAGER’S FY 2024-2025 WORK PLAN YEAR-END
REPORT
2025-4283
Originator: Rob Thompson
Mr. Thompson provided a brief overview of the General Manager's FY2024-2025 Work
Plan Year-End Report.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the General Manager’s FY 2024-2025 Work Plan Year-End Report.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Glenn Grandis and Chad
Wanke
NOES:None
ABSENT:Christine Marick and John Withers
ABSTENTIONS:None
Page 2 of 6
STEERING COMMITTEE Minutes June 25, 2025
4.GENERAL MANAGER’S FY 2025-2026 WORK PLAN 2025-4349
Originator: Rob Thompson
Mr. Thompson provided an overview of the General Manager's FY 2025-2026 Work
Plan.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the General Manager’s FY 2025-2026 Work Plan.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Glenn Grandis and Chad
Wanke
NOES:None
ABSENT:Christine Marick and John Withers
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
Directors Christine Marick and John Withers arrived at the meeting during Closed Session .
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54957.6, 54957(b)(1), 54956.9(d)(1) & 54956.8.
The Committee convened in closed session at 5:04 p.m. Confidential minutes of the Closed
Sessions have been prepared in accordance with the above Government Code Sections and
are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board
and Committee Closed Session meetings.
CS-1 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT
CODE SECTION 54957.6
2025-4267
CONVENED IN CLOSED SESSION:
Page 3 of 6
STEERING COMMITTEE Minutes June 25, 2025
Designated Representatives: General Manager Robert Thompson, Assistant General
Manager Lorenzo Tyner, Director of Human Resources Laura Maravilla, and Chief
Negotiator Laura Kalty.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees
Association; and the Supervisory and Professional Management Group.
Unrepresented Employees: (3)
Confidential Group, Manager Group, and Executive Managers Group.
CS-2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1)2025-4218
Originator: Laura Maravilla
CONVENED IN CLOSED SESSION:
Public Employee Performance Evaluation
Number of Employees: 1
·General Manager
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2025-4339
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Julia Ha v. Orange County Sanitation District, Orange County Superior Court Case No.
30-2025-01484899-CU-WT-CJC
CS-4 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2025-4340
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Joe Lara v. Orange County Sanitation District, Orange County Superior Court Case No.
30-2025-01451615-CU-OE-CJC
Page 4 of 6
STEERING COMMITTEE Minutes June 25, 2025
CS-5 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2025-4341
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Danny Letner, Inc. dba Letner Roofing Company v. Orange County Sanitation District,
et al, Orange County Superior Court Case No. 30-2025-01484794-CU-OR-CJC
CS-6 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2025-4352
CONVENED IN CLOSED SESSION:
Property: 10700 Spencer Street, Fountain Valley, CA - APN No.156-154-07 and
156-163-16.
Agency negotiators: General Manager Rob Thompson; Assistant General Manager
Lorenzo Tyner; and Director of Finance Wally Ritchie.
Negotiating parties: Shabtai Itzhak Tr Ins Tr
Under negotiation: Terms of payment
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:59 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Scott Smith stated there was no reportable action.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Gallagher declared the meeting adjourned at 5:59 p.m. to the next Regular Steering
Committee meeting to be held on Wednesday, July 23, 2025 at 5:00 p.m.
Page 5 of 6
STEERING COMMITTEE Minutes June 25, 2025
Submitted by:
_____________________
Jackie Castro, CMC
Assistant Clerk of the Board
Page 6 of 6
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4407 Agenda Date:7/23/2025 Agenda Item No:2.
FROM:Laura Drottz Kalty, Chief Negotiator
Originator: Laura Maravilla, Director of Human Resources
SUBJECT:
SUCCESSOR MEMORANDA OF UNDERSTANDING FOR THE ORANGE COUNTY EMPLOYEES
ASSOCIATION
CHIEF NEGOTIATOR'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OC SAN 25-06, entitled, “A Resolution of the Board of Directors of the
Orange County Sanitation District approving the Memoranda of Understanding (MOUs)
between the Orange County Sanitation District and the Orange County Employees Association
(OCEA), for Fiscal Years 2025/2026, 2026/2027 & 2027/2028”; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange
County Sanitation District and the three (3) OCEA bargaining units.
BACKGROUND
The MOUs between the Orange County Sanitation District (OC San)and the three (3)OCEA
bargaining units that became effective on July 1,2022,expired on June 30,2025.On September 25,
2024,the Board of Directors selected Laura Drottz Kalty of Liebert Cassidy Whitmore to serve as its
Chief Negotiator to negotiate successor agreements with all recognized employee organizations.
Subsequently,on November 20,2024,the Steering Committee provided Ms.Kalty with negotiating
parameters and authority to commence negotiations.
OCEA submitted its initial proposal for successor MOUs on March 27,2025.OCEA and OC San
have met and conferred in good faith seven (7) times since receiving the initial proposal.
On June 4,2025,OC San and OCEA reached a Tentative Agreement on the terms and conditions of
employment for the three (3)bargaining units represented by OCEA,as set forth in successor MOUs
being presented for final approval and adoption by the OC San Board of Directors.
On June 25,2025,the Board of Directors authorized Ms.Kalty to proceed with a three-year contract
and salary increases for OCEA as follows:4.5%for the first year,4.5%for the second year,and 3.0%
for the final year of the contract.This includes corresponding salary range adjustments effective the
first full pay period in July for each year of the contract,with the first increase to commence in July
2025.
Orange County Sanitation District Printed on 7/16/2025Page 1 of 5
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File #:2025-4407 Agenda Date:7/23/2025 Agenda Item No:2.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Offer competitive compensation and benefits
·Cultivate a highly qualified, well trained, and diverse workforce
·Negotiate fair and equitable labor agreements
·Maintain positive employer-employee relations
·Provide professional growth & development
PROBLEM
The MOUs between OC San and the three (3)OCEA bargaining units that became effective on July
1,2022,expired on June 30,2025.OC San has a legal duty to bargain in good faith and,upon
reaching full and final agreement on successor MOUs with a bargaining group,approval must be
obtained from its governing body.
PROPOSED SOLUTION
Adopt Resolution No.OC SAN 25-06,entitled,“A Resolution of the Board of Directors of the Orange
County Sanitation District approving the Memoranda of Understanding (MOUs)between the Orange
County Sanitation District and the Orange County Employees Association (OCEA),for Fiscal Years
2025/2026, 2026/2027 & 2027/2028”.
TIMING CONCERNS
OC San and OCEA have bargained in good faith and have reached a tentative agreement on
successor MOUs that shall go into effect July 2025, contingent on Board approval.
RAMIFICATIONS OF NOT TAKING ACTION
Some of the impacts of not approving successor labor agreements include labor instability,employee
morale, and impasse.
PRIOR COMMITTEE/BOARD ACTIONS
On September 25,2024,the Board of Directors authorized staff to execute an agreement with Ms.
Kalty of Liebert Cassidy Whitmore to serve as OC San’s Chief Negotiator.This action was taken
pursuant to OC San’s Purchasing Ordinance No. OC SAN-61.
In preparation for and during the meet and confer process,Ms.Kalty received direction for labor
negotiations with OCEA from the Steering Committee and the Board of Directors.
The OCEA meet and confer process was agendized for discussion in Closed Session at the following
Committee/Board meetings:
·March 26, 2025 - Steering Committee and Board Meeting
·April 23, 2025 - Steering Committee and Board Meeting
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·May 28, 2025 - Steering Committee and Board Meeting
·June 25, 2025 - Steering Committee and Board Meeting
ADDITIONAL INFORMATION
OCEA is the recognized employee organization certified to provide exclusive representation over
wages,hours of work,and other terms and conditions of employment for 92 non-exempt OC San
employees spread across three (3)bargaining units:the Administrative and Clerical Unit,the
Technical Services Unit,and the Engineering Unit.These employees perform administrative,clerical,
and/or para-professional tasks in support of their assigned function or program.
Based on Board authorization,OC San reached a full tentative agreement with OCEA on June 4,
2025,including a three-year contract with a 4.5%salary increase in the first year,a 4.5%salary
increase in the second year,and a 3.0%salary increase for the final year of the contract.OCEA
distributed the proposals to their membership for voting and OCEA’s membership ratified the
proposals by majority vote in June 2025.
Full redlined versions of each of the OCEA MOUs are attached for review.A summary of the key
changes to the MOUs are as follows:
1.Article 1, Recognition: Term of the agreement begins July 1, 2025.
2.Article 2, Duration: Agreement terminates on June 30, 2028.
3.Article 10, Discipline and Dismissal. Revise language to align with policy:
10.9 Disciplinary actions will be recorded in employee performance reviews…Verbal
reprimand documentation will be kept in the supervisor’s employee files.
4.Article 11, Grievance Procedure. Revise language to include:
11.4.6. The decision of the General Manager is final.
5.Article 13, Salary Adjustments and Compensation:
13.3.2 Development Pay:
·Education:Effective the first full pay period in July 2025,eligible employees who obtain
or who have obtained a degree of approved subjects at an accredited college or
university will receive $25.00 per pay period for an associate degree and $50.00 per
pay period for an undergraduate degree.The maximum amount of Education pay is
fixed at $50.00 per pay period.
·13.3.2.1 Effective the first full pay period in July 2025,the overall maximum
Development Pay for education,certification and/or licenses is fixed at $95.72 per pay
period.
13.4 Salary Range Adjustments:
13.4.1 Effective the first pay period of July 2025, 4.5% salary range adjustment.
13.4.2 Effective the first pay period of July 2026, 4.5% salary range adjustment.
13.4.3 Effective the first pay period of July 2027, 3.0% salary range adjustment.
6.Article 15,Deferred Compensation:Effective the first full pay period in July 2025,employees
covered by OCERS Plans B and U and who participate in the deferred compensation plan are
eligible to receive up to $362 per month matching OC San contribution.
7.Article 18, Call Back Pay. Revise language to include:
18.1.When an employee is called back to work by OC San without prior notice,and the
employee has completed his/her normal work shift and left the work site;when prior notice is
given but the work begins on the same day at least three (3)hours after completion of the
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given but the work begins on the same day at least three (3)hours after completion of the
regular shift;or when an employee assigned to standby is actually called to work,the
employee will receive a minimum of three (3)hours of call back pay.The three (3)hour
minimum,whether or not actually worked,will be paid at the rate of one and one half (1.5)
times the regular hourly rate.
18.2.The call back period shall begin when the standby employee has been informed by OC
San to return to work.The call back period shall end when either the employee arrives at his
or her residence or the original destination;in either case,the employee shall inform OC San
upon arrival.
18.3.If the call back period has ended and the employee is called back to work (whether
within or outside of the 3-hour minimum timeframe),a new call back period will be started and
the employee will be eligible for at least the 3-hour minimum call back pay.
18.4.If the call back period has not ended and the employee is called back to work (whether
within or outside of the 3-hour minimum timeframe),the call back period and associated pay
will continue but the employee will not be eligible for another 3-hour minimum call back pay.
18.5. Call back pay is applied per call back and not per work assignment or work order.
18.6 Call back work performed by employees on standby assignments is intended for activities
that are imperative and not routine in nature.
8.Article 19, Standby Pay. Revise language to include:
19.1 Effective the first full pay period in July 2025,an employee placed on standby shall be
compensated at the rate of six hundred (600) dollars per week.
9.Article 27, Leave-of-Absence with Pay:
27.6 Bereavement Leave. Revise language to align with changes in the law:
27.6.1 …any full-time employee,whether probationary or regular,shall receive up to five (5)
days of bereavement leave,thirty-six (36)hours of which will be paid time,for the death or
funeral of an immediate family member.An employee may use existing accruals (i.e.,sick,
vacation,supplemental leave,compensatory time off)in order to be paid for up to five (5)
days.
10.Article 29, Classification Studies. Revise language as follows:
29.2 Y-Rating:
29.2.1 Remove y-rating term table.
29.2.2 Y-rating will be granted for all reclassifications where employees are working in a job
classification with a lower maximum rate of pay resulting from changes to OC San’s staffing
requirements,organizational structure or “bumping”associated with layoffs.Y-rating shall not
apply in cases involving disciplinary actions or voluntary changes to a job classification with a
lower maximum rate of pay (unless otherwise authorized by the General Manager).
29.2.3 Remove reference to y-rating term table.
11.Article 44, Uniforms. Revise language to include:
44.2 OCEA employees working in divisions designated in SOP-102 Personal Protective
Equipment (PPE)are eligible to receive a safety boot allowance and/or upon supervisor
request shall receive an annual or bi-annual voucher in the amount of $250, as applicable.
In addition to the aforementioned changes,the proposed MOUs includes general housekeeping
updates to certain articles for purposes of language clarification and to ensure alignment with
changes in applicable laws, regulations, and internal administrative procedures.
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CEQA
N/A
FINANCIAL CONSIDERATIONS
The total cost is $3,425,216 over the term of the agreement.This request complies with authority
levels of OC San’s Purchasing Ordinance. This item has been budgeted.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 25-06
·OCEA Administrative and Clerical MOU (Redlined)
·OCEA Technical Services MOU (Redlined)
·OCEA Engineering MOU (Redlined)
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OC SAN 25-06-1
RESOLUTION NO. OC SAN 25-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
MEMORANDA OF UNDERSTANDING (MOUS) BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE
COUNTY EMPLOYEES ASSOCIATION (OCEA), FOR FISCAL
YEARS 2025/2026, 2026/2027 & 2027/2028
WHEREAS, on July 27, 2022, the Board of Directors (“Directors”) of the Orange
County Sanitation District (OC San) authorized the General Manager to sign the Memoranda
of Understanding (MOUs) with the Orange County Employees Association (referred
hereinafter as “OCEA”), regarding salaries, benefits and terms and conditions of employment
for the period July 1, 2022 through June 30, 2025 (“2022 MOUs”).
WHEREAS, prior to the expiration of the 2022 MOUs, on February 25, 2025, OCEA
requested to meet and confer regarding successor MOUs.
WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of
OCEA have met and conferred with the representatives of OC San and have reached an
understanding with regard to certain terms and conditions relative to employment;
WHEREAS, through negotiations the parties agreed that any salary changes for the
current Fiscal Year would take effect the first full pay period in July 2025; and
WHEREAS, the parties have modified the attached 2025 MOUs between OC San
and OCEA to reflect the parties’ understanding regarding certain terms and conditions,
which by this reference are made a part of this resolution as if set forth herein.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. The aforementioned MOUs between OC San and OCEA for the
contract period of July 1, 2025, through June 30, 2028, attached hereto as Exhibit A and are
hereby approved.
Section 2. The General Manager is authorized to sign the Memoranda of
Understanding with OCEA for the period of July 1, 2025, through June 30, 2028, in a form
approved by General Counsel.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held July 23,
2025.
_______________________________________
Ryan P. Gallagher
Board Chairman
OC SAN 25-06-2
ATTEST:
_______________________________________
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 25-06-3
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OC SAN 25-06 was passed and
adopted at a regular meeting of said Board on the 23rd day of July 2025, by the following
vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 23rd day of July 2025.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
July 1, 20225 through June 30, 20258
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
Page i
OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
TABLE OF CONTENTS
ARTICLE 1. - RECOGNITION ................................................................................................................................. 1
ARTICLE 2. - DURATION ....................................................................................................................................... 1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1
ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1
ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2
ARTICLE 6. - OC SAN RIGHTS.............................................................................................................................. 2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2
ARTICLE 9. - SAFETY ............................................................................................................................................ 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL ...................................................................................................... 3
ARTICLE 11. - GRIEVANCE PROCEDURE ........................................................................................................... 4
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ............................................................................................. 5
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ...................................................................... 6
ARTICLE 14. - SEVERANCE PAY ......................................................................................................................... 7
ARTICLE 15. - DEFERRED COMPENSATION ...................................................................................................... 7
ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7
ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 8
ARTICLE 18. - CALL-BACK PAY .......................................................................................................................... 9
ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9
ARTICLE 20. - INSURANCE ................................................................................................................................... 9
20.3 MEDICAL INSURANCE ............................................................................................................................... 9
20.4 LIFE INSURANCE ...................................................................................................................................... 9
20.5 SHORT TERM DISABILITY ........................................................................................................................ 10
20.6 LONG TERM DISABILITY .......................................................................................................................... 10
20.7 DENTAL INSURANCE ............................................................................................................................... 10
20.8 VISION INSURANCE ................................................................................................................................ 10
20.9 RETIRING EMPLOYEES ........................................................................................................................... 10
ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 10
21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 11
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 11
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 11
ARTICLE 22. - OVERTIME ................................................................................................................................... 11
ARTICLE 23. - PROBATIONARY PERIOD .......................................................................................................... 11
ARTICLE 24. - PROMOTIONS.............................................................................................................................. 12
ARTICLE 25. - RETIREMENT ............................................................................................................................... 12
ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 12
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 13
27.1 VACATION LEAVE ................................................................................................................................... 13
27.2 SICK LEAVE ........................................................................................................................................... 13
27.3 JURY DUTY LEAVE ................................................................................................................................. 15
27.4 WITNESS LEAVE .................................................................................................................................... 15
27.5 MILITARY LEAVE .................................................................................................................................... 15
27.6 BEREAVEMENT LEAVE ............................................................................................................................ 15
27.7 SUPPLEMENTAL LEAVE ........................................................................................................................... 16
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY ....................................................................................... 16
28.3 SUBSTITUTION OF PAID LEAVE ................................................................................................................ 17
28.4 PERMISSIBLE USES ................................................................................................................................ 17
28.5 GENERAL LEAVE .................................................................................................................................... 18
28.6 RETURN TO WORK POLICY ..................................................................................................................... 18
28.7 COMPLIANCE WITH LAW ......................................................................................................................... 19
ARTICLE 29. - CLASSIFICATION STUDIES ....................................................................................................... 19
ARTICLE 30. - DRIVER'S LICENSE ..................................................................................................................... 20
ARTICLE 31. - LAYOFF PROCEDURE ................................................................................................................ 20
ARTICLE 32. - LIGHT DUTY................................................................................................................................. 21
ARTICLE 33. - MEDICAL EXAMINATION ........................................................................................................... 21
ARTICLE 34. - MILEAGE ALLOWANCE ............................................................................................................. 21
ARTICLE 35. - ACTING PAY ................................................................................................................................ 21
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
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OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
ARTICLE 36........................................................................................................................................................... 22
ARTICLE 37. - PERSONNEL FILES .................................................................................................................... 22
ARTICLE 38. - BULLETIN BOARDS .................................................................................................................... 22
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................... 22
ARTICLE 40. - USE OF OC SAN FACILITIES ..................................................................................................... 22
ARTICLE 41. - SCOPE OF BARGAINING ........................................................................................................... 22
ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 22
ARTICLE 43. - SEVERABILITY ............................................................................................................................ 23
ARTICLE 44. - UNIFORMS ................................................................................................................................... 23
ARTICLE 45. - SUBSTANCE ABUSE POLICY .................................................................................................... 23
ARTICLE 46. - DUES DEDUCTIONS ................................................................................................................... 24
ARTICLE 47........................................................................................................................................................... 24
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 24
ARTICLE 49........................................................................................................................................................... 24
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 24
ARTICLE 51. - RESIGNATION ............................................................................................................................. 24
ARTICLE 52........................................................................................................................................................... 24
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………24
SIGNATURE PAGE ............................................................................................................................................... 26
EXHIBIT A ............................................................................................................................................................. 27
ARTICLE 1. - RECOGNITION ................................................................................................................................. 1
ARTICLE 2. - DURATION ....................................................................................................................................... 1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1
ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1
ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2
ARTICLE 6. - OC SAN RIGHTS.............................................................................................................................. 2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2
ARTICLE 9. - SAFETY ............................................................................................................................................ 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL ...................................................................................................... 3
ARTICLE 11. - GRIEVANCE PROCEDURE ........................................................................................................... 4
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ............................................................................................. 5
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ...................................................................... 6
ARTICLE 14. - SEVERANCE PAY ......................................................................................................................... 7
ARTICLE 15. - DEFERRED COMPENSATION ...................................................................................................... 7
ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7
ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 8
ARTICLE 18. - CALL-BACK PAY .......................................................................................................................... 9
ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9
ARTICLE 20. - INSURANCE ................................................................................................................................... 9
20.3 MEDICAL INSURANCE ............................................................................................................................... 9
20.4 LIFE INSURANCE .................................................................................................................................... 10
20.5 SHORT TERM DISABILITY ........................................................................................................................ 10
20.6 LONG TERM DISABILITY .......................................................................................................................... 10
20.7 DENTAL INSURANCE ............................................................................................................................... 10
20.8 VISION INSURANCE ................................................................................................................................ 10
20.9 RETIRING EMPLOYEES ........................................................................................................................... 10
ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 11
21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 11
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 11
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 11
ARTICLE 22. - OVERTIME ................................................................................................................................... 11
ARTICLE 23. - PROBATIONARY PERIOD .......................................................................................................... 12
ARTICLE 24. - PROMOTIONS.............................................................................................................................. 12
ARTICLE 25. - RETIREMENT ............................................................................................................................... 13
ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 13
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 13
27.1 VACATION LEAVE ................................................................................................................................... 13
27.2 SICK LEAVE ........................................................................................................................................... 14
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
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27.3 JURY DUTY LEAVE ................................................................................................................................. 16
27.4 WITNESS LEAVE .................................................................................................................................... 16
27.5 MILITARY LEAVE .................................................................................................................................... 16
27.6 BEREAVEMENT LEAVE ............................................................................................................................ 16
27.7 SUPPLEMENTAL LEAVE ........................................................................................................................... 17
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY ....................................................................................... 17
28.3 SUBSTITUTION OF PAID LEAVE ................................................................................................................ 18
28.4 PERMISSIBLE USES ............................................................................................................................ 1817
28.5 GENERAL LEAVE .................................................................................................................................... 19
28.6 RETURN TO WORK POLICY ..................................................................................................................... 19
28.7 COMPLIANCE WITH LAW ......................................................................................................................... 20
ARTICLE 29. - CLASSIFICATION STUDIES ....................................................................................................... 20
ARTICLE 30. - DRIVER'S LICENSE ................................................................................................................. 2220
ARTICLE 31. - LAYOFF PROCEDURE ................................................................................................................ 21
ARTICLE 32. - LIGHT DUTY................................................................................................................................. 23
ARTICLE 33. - MEDICAL EXAMINATION ........................................................................................................... 23
ARTICLE 34. - MILEAGE ALLOWANCE ............................................................................................................. 22
ARTICLE 35. - ACTING PAY ................................................................................................................................ 22
ARTICLE 36........................................................................................................................................................... 22
ARTICLE 37. - PERSONNEL FILES .................................................................................................................... 22
ARTICLE 38. - BULLETIN BOARDS .................................................................................................................... 23
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................... 24
ARTICLE 40. - USE OF OC SAN FACILITIES ................................................................................................. 2422
ARTICLE 41. - SCOPE OF BARGAINING ........................................................................................................... 23
ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 23
ARTICLE 43. - SEVERABILITY ............................................................................................................................ 24
ARTICLE 44. - UNIFORMS ................................................................................................................................... 25
ARTICLE 45. - SUBSTANCE ABUSE POLICY .................................................................................................... 24
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS .................................................. 24
ARTICLE 47........................................................................................................................................................... 25
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 25
ARTICLE 49........................................................................................................................................................... 25
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 25
ARTICLE 51. - RESIGNATION ............................................................................................................................. 25
ARTICLE 52........................................................................................................................................................... 25
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………25
SIGNATURE PAGE ............................................................................................................................................... 28
EXHIBIT A ............................................................................................................................................................. 30
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
Page 1
OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
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, et seq., and Resolution No. OC
San 23-09, as Resolution No. OCSD 18-18 has been repealed, of the Orange County Sanitation District’s (OC San)
Board of Directors, OC San's authorized representative has met and conferred in good faith with representatives of
the Orange County Employees Association (OCEA) for the Administrative and Clerical Unit. These meetings have
resulted in an agreement and understanding to recommend that the employees represented by OCEA accept these
terms and conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages,
hours, and conditions of employment for the employees represented by OCEA as set forth in this Agreement.
ARTICLE 1. - RECOGNITION
1.1 This Agreement, effective July 1, 20225, is entered into between the Orange County Sanitation District,
referred to hereinafter as “OC San,” and the Orange County Employees Association, referred to
hereinafter as “OCEA.”
1.2 OC San 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 OC San.
ARTICLE 2. - DURATION
2.1 This Agreement shall be binding on OC San and OCEA when approved and adopted by OC San’s Board
of Directors. This Agreement shall terminate on June 30, 20258. Any issue regarding the question of
exclusive representation of a recognized employee organization shall be brought pursuant to the
Employer-Employee Relations Resolution (EERR), Resolution No. OC San 23-09, as a Resolution No.
OCSD 18-18 has been repealed.
ARTICLE 3. - SUCCESSOR AGREEMENT
3.1 The GroupOCEA shall submit in writing its initial proposal for a successor agreement 60 days prior to the
expiration date of this Agreement.
ARTICLE 4. - OCEA ACCESS
4.1 An OCEA Representative shall have access to OC San’s facilities during working hours for the purpose of
assisting Unit employees in processing grievances or investigating matters arising out of the application of
provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of Human Resources, or
designee, of any changes in that list.
4.3 OCEA access shall not interfere with OC San’s operations, or with the work of employees in any manner.
OC San reserves the right to restrict access in certain areas designated as confidential or secure.
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
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OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
ARTICLE 5. - OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
selected as representatives and shall update the list as necessary. An alternate representative may be
designated to act in the absence of the regular representative. Employees not listed on the roster of
representatives provided to OC San by the OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither OC San 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. – OC SAN RIGHTS
6.1 OC San inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or
administrative character are reserved to OC San in its exercise of management decision-making, except
as specifically modified by the express provisions of this Memorandum. OC San rights include, but are not
limited to, the exclusive right to consider the merits, necessity or organization of any service or activity
provided by law, or administrative order; determine the mission of its constituent departments,
commissions and boards; set standards of service, determine the procedures and standards of selection
for employment and promotion; establish and implement performance standards; direct its employees;
take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of
funds; maintain the efficiency of OC San operations; determine the methods, means and personnel by
which OC San operations are to be conducted; determine the content of job classifications; classify and
reclassify positions; take all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of performing its work.
6.2 OC San retains all authority and rights conferred on it by law, or other legal sources, except to the extent
that such authority is explicitly waived by the express terms of this agreement. OC San exercise of its
management rights hereunder shall not be subject to appeal or meeting and conferring, however, that the
exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical
consequences or impacts that OC San decisions have on wages, hours, and other terms and conditions of
employment.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard
to actual or perceived race, color, religion, national origin, ancestry, sex, gender, gender identity, gender
expression, sexual orientation, age, physical or mental disability, medical condition, genetic information,
marital status, or military or veteran status, reproductive health decision making or any other lawfully
protected class. To the extent required by law or by OC San’s rules or regulations, this provision of the
Agreement shall be applied to all members of the unit without regard to any protected classification.
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
8.1 OC San 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 OC San employees and their families, smoking and the use of tobacco
(cigarettes, cigars, e-cigarettes [“vaping”] and related tobacco products and technologies) is not
acceptable within OC San facilities, and may occur only in areas posted for smoking.
ARTICLE 9. - SAFETY
9.1 It is the duty of OC San 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
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alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements
of OC San, and to report any unsafe practices or conditions to their immediate supervisors. An employee
shall not be required to perform work that is unsafe.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any
employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay,
demotion to a classification with a lower maximum rate of pay or dismissal.
10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by OC
San for just cause.
10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a
suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or
dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail
sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail, which shall be the date of issuance.
10.5 The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the
effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials
upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or
in writing to the person initially imposing the discipline or to an OC San management representative with
authority to make an effective recommendation on the proposed action, the person to whom any response
must be directed, and the fact that such response must be received within ten (10) business days of the
date of issuance of the notice. The Notice shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity
to respond either verbally or in writing to a management representative with authority to make an effective
recommendation on the proposed action. After review of an employee's response, OC San 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, OC San may reduce discipline without further notice.
Further clarification of the disciplinary policies and procedures are covered in OC San’s Personnel Policies
& Procedures Manual.
10.7 Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the
employee knows or reasonably should have known that the performance or conduct was unsatisfactory.
Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being
under the influence of drugs or alcohol, theft or misappropriation of OC San property or funds, fighting on
the job, insubordination, acts endangering people or property, “no call/no show” or other serious
misconduct. OC San may substitute documented suspensions without pay for written reprimands.
10.7.1 Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled
shall be considered "no call/no show" and shall be subject to discipline, up to and including
termination. Employees who fail to provide any notice to their supervisor and fail to report to work
for three (3) or more consecutive days will be considered to have abandoned their job and shall be
subject to discipline up to and including termination.
10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-
disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee,
within ten (10) business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a
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hearing officer selected by the General Manager. The hearing officer may not be an employee of OC San.
The hearing officer will provide a written, advisory decision to the General Manager. The General
Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager shall be final.
10.9 Disciplinary actions will be recorded in employee performance reviews. Disciplinary action documentation,
except verbal reprimand documentation, shall be placed in an employee's personnel file in the Human
Resources Department. Verbal reprimand documentation will be kept in the supervisor’s employee files.
Documentation regarding verbal and written reprimands may be removed from a supervisor’s employee
file and/or an employee’s personnel file twenty-four (24) months subsequent to the date of issuance,
provided that there has been no recurrence of a similar incident during the period. If the Director of
Human Resources, or designee, agrees to remove disciplinary action documentation from an employee’s
personnel file, such documentation shall be retained in a separate file by the Human Resources
Department for the purpose of showing that progressive discipline has been followed or in support of OC
San’s proposed discipline.
10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance
deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable
accommodation) shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except
that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed
under this Grievance Procedure.
11.2 A grievance may be brought to the attention of OC San by an individual employee within the Unit or by the
OCEA. OC San may not bring a grievance through this procedure. Grievances brought by two (2) or more
employees, and concerning the same incident, issue, or course of conduct, or multiple grievances brought
by the same employee may, upon mutual agreement of OC San and the OCEA, be consolidated for the
purposes of this procedure.
11.3 Employees are encouraged prior to bringing forward a formal grievance, to discuss the issue with the
Director of Human Resources, or designee, in an effort to bring about an informal resolution.
11.4 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. OC San shall provide a
copy of all written grievance settlements to the OCEA. Any reference to days in this article implies
business days.
11.4.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within ten (10) days of the occurrence of the event giving rise to the complaint, or within
ten (10) days from the time that the employee became aware of such event. The supervisor, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within ten (10) days.
11.4.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, or designee, with a copy provided to the Director of Human Resources or
designee. This request for formal review must be presented on a form provided by OC San within
ten (10) days of the conclusion of Step 1. The written grievance must:
11.4.2.1 Identify the specific management act to be reviewed;
11.4.2.2 Specify how the employee was adversely affected;
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11.4.2.3 List the specific provisions of the MOU that were allegedly violated and state how
they were violated;
11.4.2.4 Specify the remedy requested; and
11.4.2.5 Provide the date of attempts at informal resolution and the name of the supervisor or
individual involved.
11.4.2.13 The Division Manager, or designee, shall respond in writing to the employee within ten (10)
days after the date the grievance is received.
11.4.34 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee’s
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by OC San within five (5) days of the conclusion of Step 1
or 2, and must contain the information specified in Step 2 above. A copy of each written
communication on a grievance will be filed with the Director of Human Resources, or designee.
The employee’s Department Director, or designee, shall respond in writing to the employee within
ten (10) days after the date the grievance is received.
11.4.45 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five (5) days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.4.56 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five (5) days from the date the Step 4 finding was issued. The General Manager,
or designee, shall respond in writing to the employee within ten (10) days after the date of the
grievance is received. The decision of the General Manager is final.
11.5 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 OC San operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.5.16 Failure of a management representative to respond within the appropriate time limit shall provide a basis
for the employee appealing to the next step. If a grievance is not presented or appealed within the time
limits, it shall be considered resolved on the basis of the preceding response. The Director of Human
Resources, or designee, may be petitioned in writing to waive the step or time requirements provided
sufficient cause exists.
11.5.27 Resolution may be agreed upon at any stage of the grievance process. However, the OCEA shall be
notified prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
12.1 Employees may bring problems to the attention of OC San managers through the Problem Solving
Procedure. This Procedure was developed to encourage and facilitate the resolution of employee
concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be
subjected to the Grievance Procedure. Any reference to days in this article implies business days.
12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon
as possible. The supervisor shall review the situation or decision, and provide a written response within
five days from the date they were notified of the problem.
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12.3 If the problem is not resolved to the employee's satisfaction, the employee may file a written statement
concerning the problem with the Director of Human Resources, or designee, within ten (10) days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten (10) days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
13.1 Each pay grade is divided into five (5) steps, with an approximate 5.0% difference between each step.
13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of
implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective
after the date of implementation.
13.3 Merit Pay
13.3.1 Step Increase Pay – Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
13.3.1.1 Eligible - Employees must have a proficient year-end performance appraisal to receive a
one (1) step base-building salary increase until earning placement at step five (5).
13.3.1.2 Ineligible - Employees who are placed on a Performance Improvement Plan (PIP) due to
a needs improvement performance review on the year-end appraisal or who are on a PIP
at the time of the year-end appraisal period will remain at their current step until the PIP
is satisfactorily completed.
13.3.1.3 Performance Management Program: The performance management program includes
three (3) rating categories (exceeds, proficient, needs improvement) for performance
appraisals.
13.3.2 Development Pay – Employees under this Agreement will be eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum
amount each pay period. Employees must have a proficient year-end performance appraisal to be
eligible for the following Development Pay types:
Education – Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive $20.76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at $41.53 per pay period. Effective the first full pay period in
July 2025, eligible employees who obtain or who have obtained a degree of approved subjects
at an accredited college or university will receive $25.00 per pay period for an associate
degree and $50.00 per pay period for an undergraduate degree. The maximum amount of
Education pay is fixed at $50.00 per pay period.
Certification/License – Eligible employees who obtain or who have obtained an OC San
approved certification or license will receive $15.24 per pay period per certificate or license
with a maximum of three (3) certificates and/or licenses. The maximum amount of
certification/license pay for any combination of certificates and/or licenses is fixed at $45.72
per pay period.
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at $87.25 per pay period. Effective the first full pay period in July 2025, the
overall maximum Development Pay for education, certification and/or licenses is fixed
at $95.72 per pay period.
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13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review
on the year-end performance appraisal are not eligible for Development Pay until the
PIP is satisfactorily completed.
13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13.4 Salary Range Adjustments
13.4.1 Effective the first pay period in July 20225, employees under this Agreement will receive salary
range adjustments at a flat rate of 4.5%.
13.4.2 Effective the first pay period in July 20236, employees under this Agreement will receive salary
range adjustments at a flat rate of 4.05%.
13.4.3 Effective the first pay period in July 20247, employees under this Agreement will receive salary
range adjustments at a flat rate of 3.50%.
13.5 One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first
full pay period in July 2022 will receive a $1,500 one-time payment.
ARTICLE 14. - SEVERANCE PAY
14.1 Except for disciplinary cause or release from probation, when a full-time employee is terminated by action
of OC San, the employee shall be notified in writing two (2) weeks prior to the effective separation date. In
the event OC San does not give such notification, the employee shall be entitled to severance pay in
accordance with the formula set forth below:
14.1.1 Full-time, regular employees shall be entitled to eight (8) hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2 Employees in limited term or part-time positions, probationary employees and employees who are
separated for cause, are not eligible for severance pay under any circumstances.
ARTICLE 15. - DEFERRED COMPENSATION
15.1 Employees may participate in OC San’s approved deferred compensation plan subject to IRS
requirements, and in accordance with all guidelines for voluntary participation established by OC San
management.
15.2 Effective the first full pay period in July 2022, employees15.2 Employees covered by OCERS Plans B and
U and who participate in the deferred compensation plan, are eligible to receive up to a $160 per month
matching OC San contribution. Effective the first full pay period in July 2025, employees covered by
OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to
$362 per month matching OC San contribution.
ARTICLE 16. - HOLIDAYS
16.1 The days listed below are observed by OC San as holidays. Employees will receive holiday pay if their
entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status,
meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts. When an
employee's work schedule requires that they work on an observed holiday, the employee will be paid at
the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and
one half (1.5) times their regular hourly rate for all hours actually worked. Employees may also elect to
receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay if
requested by December 31 of the prior year on the Holiday Comp Cashout Form. When a holiday occurs
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on an employee's regular scheduled day off, the employee will accrue compensatory time off for the
amount of hours normally scheduled for that day. Employees with a compensatory time off balance in
excess of fifty (50) hours as of the last pay period ending in October will receive a mandatory payout for
the hours that exceed fifty (50).
HOLIDAYS
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday (refer to
Section 16.2)
16.2 Employees will be granted "Floating Holiday" hours equal to and no less than one (1) regular workday
during each calendar year. Floating Holiday hours may be utilized in one quarter (.25) hour increments.
New employees shall be granted a “Floating Holiday” on a pro rata basis in the first calendar year of
service per the following table:
Hire Date Percent
1st Quarter (January-March) 100%
2nd Quarter (April-June) 75%
3rd Quarter (July-September) 50%
4th Quarter (October-December) 0%
16.3 Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject to
cash out or eligible for any mandatory payout regardless of reason. Every effort will be made to approve
an employee's request for a "Floating Holiday" off providing sufficient notice is given.
ARTICLE 17. – HOURS OF WORK
17.1 For record keeping and accounting purposes, the “workweek” for full-time employees is 40 hours per 168-
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour
days each workweek (10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-
hour day each workweek (7/80). The starting and ending times of individual employees’ workweeks may
vary.
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17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 OC San may, at its sole discretion, change an employee’s work schedule with thirty (30) days written
notice to the affected employee.
17.4 OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy.
ARTICLE 18. - CALL-BACK PAY
18.1 When an employee is called back to work by OC San management without prior notice, and the employee
has completed his or her normal work shift and left the work station, orworksite; when prior notice is given
but the work begins on the same day at least three (3) hours after completion of the regular shift; or when
an employee assigned to standby is actually called to work, the employee shall receive a minimum of
three (3) hours of call back pay. The three hours(3) hour 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.
18.2 The call back period shall begin when the standby employee has been informed by OC San to return to
work. The call back period shall end when either the employee arrives at his or her residence or the
original destination; in either case, the employee shall inform OC San upon arrival.
18.3 If the call back period has ended and the employee is called back to work (whether within or outside of the
3-hour minimum timeframe), a new call back period will be started and the employee will be eligible for at
least the 3-hour minimum call back pay.
18.4 If the call back period has not ended and the employee is called back to work (whether within or outside of
the 3-hour minimum timeframe), the call back period and associated pay will continue but the employee
will not be eligible for another 3-hour minimum call back pay.
18.5 Call back pay is applied per call back and not per work assignment or work order.
18.6 Call back work performed by employees on standby assignments is intended for activities that are
imperative and not routine in nature.
ARTICLE 19. - STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, OC San 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 five hundred (500) dollars per
week, and shall receive Call Back pay when they are actually called to work. Effective the first full pay
period in July 2025, an employee placed on standby shall be compensated at the rate of six hundred (600)
dollars per week.
ARTICLE 20. – INSURANCE
20.1 OC San will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period shall be held annually.
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20.3 Medical Insurance
20.3.1 OC San will provide medical health insurance coverage through a Health Maintenance
Organization (HMO) medical insurance plan and a Preferred Provider Organization (PPO) medical
insurance plan.
20.3.2 Regular, full-time employees:
20.3.2.1 OC San shall contribute 90% of employee only premiums for the HMO medical
health plan and 80% of employee only premiums for the PPO medical health plan.
OC San will contribute 80% of the employee +1 dependent and full family premiums
for the HMO and PPO medical plans. Any change in insurance rates shall be shared
equally in same ratio as OC San and employees currently pay premiums. Before
the renewal of any OC San’s sponsored health insurance plan, the parties agree to
meet and confer as to changes in the plan.
20.3.3 OC San may reopen negotiations at any time during the term of the MOU to address the impact of
the Affordable Care Act (ACA), provided that no change may be made by OC San unless such
change is either (1) mandated by the ACA, or (2) mutually agreed upon by the parties.
20.4 Group Insurance Premiums
20.4.1 Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
20.5 Life Insurance
20.5.1 OC San shall pay up to the full premium for $50,000 term life insurance on each employee
according to the plan terms, which provide for reductions at specific ages.
20.56 Short Term Disability
20.6.1. OC San shall provide a non-work related, short-term disability indemnity plan that provides
benefits for employees equal to California’s State Disability Insurance (SDI) program for up to
twenty-six (26) weeks following a fourteen (14) calendar day waiting period.
20.67 Long Term Disability
20.67.1 OC San shall provide a non-work related, long-term disability indemnity plan that pays two-
thirds of the employee's rate of pay in effect at the time of such disability, not to exceed
$5,000 per month, up to age 65, following a 90-day waiting period of continuous disability, at
such time that an employee completes five (5) years of service.
20.67.2 For participants age 64 and younger, the maximum period of payment is based on the Social
Security Act retirement age of 65. For participants age 65 and older, the maximum period of
payment is specified. The specified periods and additional information about coverage is
included in OC San’s long-term disability plan contract accession on the intranet.
20.67.3 No combination of disability or sick leave pay shall result in more than an employee's regular
rate of pay. Employees may not receive short-term and long-term disability benefits at the
same time. An employee who is otherwise not eligible for OC San paid Long Term Disability
may purchase such coverage at his or her own expense.
20.78 Dental Insurance
20.8.1 OC San will contribute 80% of employee only and 80% of full family premiums for dental
insurance.
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20.89 Vision Insurance
20.9.1 OC San shall provide a vision insurance plan for regular, full-time employees and eligible
dependents.
20.910 Retiring Employees
20.9.1 OC San shall pay, for employees hired prior to July 1, 1988, two and one-half (2.5) months'
premium for each year of continuous service of a retiring employee towards the premium
costs of coverage for the employee and eligible dependents under OC San’s medical plan.
20.9.2 In the event OC San adds additional optional insurance plans, OC San's share of the premium
shall be the same as for existing plans as set forth above. In the event OC San changes
underwriters for existing insurance plans, OC San’s share of the premium shall be the same
as for existing insurance plans as set forth above.
20.9.320.10.1 OC San will continue to implement the retiree medical health premium offset program
wherein the cost of health premiums are offset by $10 per month for every full year of
continuous service up to a maximum of 25 years or $250 per month. Employees hired on or
after August 1, 2011 shall not be eligible for the retiree medical health premium offset.
20.9.410.2 Continuous service is calculated based on benefitted employment. Time as an intern or in
non-benefitted status shall not count toward continuous service.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
21.1 Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion
of the cost of benefits under the Plan through salary redirection arrangements. The options available
under the flexible benefits program are listed below. This is a brief overview of the different options. For
complete information regarding Flexible Spending Accounts, employees must refer to the plan booklet
available in the Human Resources Department.
21.2 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
21.2.1 The purpose of this account is to provide a method through which the employee can
accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of
reimbursing himself or herself for payment of health care costs not otherwise covered by his or
her medical insurance.
21.43 Dependent Care Assistance Account
21.3.1 The purpose of this account is to provide a method through which the employee can
accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of
reimbursing himself or herself for childcare expenses or day care for a disabled dependent.
ARTICLE 22. - OVERTIME
22.1 Employees shall be notified as soon as practicable after OC San decides upon the need for overtime or
additional work. OC San may require the performance of overtime. In the event no qualified employee
wishes to work overtime, OC San’s management may select employees with the ability to perform the
work by inverse seniority. OC San managers shall attempt to evenly distribute overtime among employees
based upon an employee's ability to perform the overtime work.
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22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty (40) hours in a
seven (7) day workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at
least the first day of the pay period following one year of employment without a break in service. Extended
absence without pay, short-term and long-term disability and Workers' Compensation leave does not
provide an opportunity to judge an employees' capability to meet performance expectations for a position,
and thus the time spent on such leaves shall not be included towards completion of the probationary
period and may result in an extension.
23.2 Employees who are rehired following a break in service must complete a new probationary period whether
or not one was previously completed.
23.3 New employees serving their initial probationary period shall be eligible for Development Pay and/or
certification/license reimbursement the first day of the pay period following six months of employment
without a break in service.
23.4 An employee may be released during his or her initial probationary period at the discretion of OC San
without recourse to the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at-will” during
his/her initial probationary period). Employees within the initial probationary period do not have any
property rights in their job during probation and may be separated with or without cause.
23.5 Employees who are reassigned or, laterally transferred or have a voluntary job change will serve a
probationary period of six months. The “probationary period” shall not divest an employee of his/her
property rights in his/her former position. Rejection of probation during this period shall result in the
employee reverting to his/her former assignment and/or position.
ARTICLE 24. - PROMOTIONS
24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of
pay. OC San will determine whether a vacant position shall be filled as an openexternal or promotional
opportunity orinternal recruitment. Whenever OC San intends to fill a position by promotion, OC San shall
post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of
posting. Notices shall be posted on OC San’s intranet.
24.2 A promoted employee shall serve a promotional probationary period lastingthat extends to at least until the
first day of the pay period following twenty-six months after(26) weeks of employment without a break in
service, beginning with the effective date of the promotion. OC San may extend an employee’s
promotional probationary period for the length of any period during which an employee is on an extended
leave of absence during the probationary period.
24.3 At any time during the promotional probationary period, an employee may be returned to his or her
previous position. or an equivalent position. The promotional probation period may be extended by mutual
agreement between the employee and OC San’sOC San management for up to ninety (90) days.
24.4 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 months(26) weeks after the effective date of the
promotion.
24.3 24.4.1 For those employees promoted during the pendency of their initial probationary period, such
period shall run concurrently with the promotional probationary period and shall apply over the
promotional probationary period while it remains in effect. Should the initial probationary
period end before the promotional probationary period, the promoted employee shall remain
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on the promotional probationary period for the remaining period until at least the first day of
the pay period following twenty-six (26) weeks of employment without a break in service.
24.5 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the
range for the new classification or the minimum rate of the new classification whichever is greater.
ARTICLE 25. - RETIREMENT
25.1 OC San shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and OC San.
25.1.1 Employees hired on or after September 21, 1979 and before August 1, 2011: OC San will continue
to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan H) based on the highest
consecutive thirty-six (36) months average earnings, past and future service.
25.1.2.1 OC San will continue to pay 3.5% of an eligible employee’s base salary toward the
employee’s contributions to OCERS.
25.1.2 Employees hired on or after August 1, 2011 and before January 1, 2013: OC San will contract with
OCERS to provide the 1.667% @ 57.5 benefit formula (Plan B) based on the highest consecutive
thirty-six (36) months average earnings, past and future service.
25.1.3.1 OC San will pay 0% of an eligible employee’s base salary towards the employee’s
contribution to OCERS.
25.1.3 Employees hired on or after January 1, 2013: OC San will contract with OCERS to provide the
2.5% @ 67 benefit formula (Plan U - PEPRA) based on the highest consecutive thirty-six (36)
months average earnings, past and future service.
25.1.4.1 OC San will pay 0% of an eligible employee’s base salary towards the employee’s
contribution to OCERS.
25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
ARTICLE 26. - SHIFT DIFFERENTIAL
26.1 Employees who are regularly assigned to work a night shift that consists of 50% or more of their hours
between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall receive a shift differential of $2.50
per hour for each hour worked between 6:00 p.m. and 6:00 a.m.
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY
27.1 Vacation Leave
27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with
the first day of employment, in accordance with the following schedule:
Years of Service
Hours-Biweekly
Hours-Annual
In years 0 through 14 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
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in OC San Policy.
27.1.3 Vacation leave may only be utilized in increments of one-quarter (0.25) hour or more. Vacation
leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave
payroll status.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Annual Payoff. Employees may have a maximum accumulation of 200 hours as of the last day of
the final pay period in December of each year. In the event an employee accrues vacation leave
in excess of 200 hours, it must be used prior to said December date,; all other remaining hours in
excess of 200 will be paid to the employee in the first pay period in January at the employee's then
current hourly rate of compensation.
27.2 Sick Leave
27.2.1 Definition.- Sick leave is an insurance or protection provided by OC San to be granted to
employees in circumstances of adversity to promote the health and welfare of the individual
employee. It is not an earned right to take time off from work. Sick leave is defined as the
absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to
attend to the illness or injury of a family member as hereinafter defined; or, for an employee or
family member who is a victim of violence, domestic violence, sexual assault, or stalking, for the
purposes described in Labor Code sections 230(c) and 230.1(a). Temporary employees shall
receive sick leave benefits as required by State law.
27.2.2 Method - Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue
paid sick leave at the rate of three point five (3.5) hours for each biweekly pay period of
continuous service (ninety-one (91) hours per year). Full-time employees hired on or after
November 27, 1981, accrue paid sick leave at the rate of three (3.0) hours for each biweekly pay
period of continuous service (seventy-eight (78) hours per year), beginning with the first day of
employment.
27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable OC San
Policy.
27.2.427.2.3 When unpaid absences occur, sick leave accruals will be applied by straight proration
for leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.2.54 Annual Payoff - Employees may elect annually to be paid for any unused sick leave hours accrued
through the last pay period ending in October at their current hourly rate according to the following
payoff schedule or as specified in a Memoranda of Understanding.
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Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
27.2.6 Employees who terminate for any reason other than retirement or death shall be compensated for
any accrued and unused sick leave according to the above schedule. Employees who retire or
decease with twenty (20) years or more of service shall be paid at the one hundred percent
(100%) rate for all accrued and unused sick leave. Employees who retire or decease with less
than twenty (20) years of service will be paid at the seventy-five percent (75%) rate for all accrued
and unused sick leave.
27.2.7 Permissible Uses - Sick leave may be applied only to the following situations:
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, domestic partner, child, child of domestic partner, grandparent,
grandchild, legal guardian, or any family member with whom the employee resides; or
designated person. A designated person is a person identified by the employee at the time
the employee requests sick leave. The employee is limited to one designated person per
rolling 12-month period.
D. Absence due to a job-related injury.
E. Absence related to an employee or family member who is a victim of violence, domestic
violence, sexual assault, or stalking, for the purposes described in Labor Code sections 246.5,
230(c) and 230.1(a).
F. 27.2.8 Bereavement Leave, as set forth in section 27.6.1, below.
27.2.8 Protected Sick Leave – As prescribed under California Labor Code section 233, employees may
use up to one-half (1/2) of their annual sick leave accruals in any calendar year for qualifying
reasons to care for eligible family members.
27.2.9 General Provisions - To qualify for sick leave pay, the employee must notify OC San 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-quarter (.25) hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. IfExcept for the first forty (40) hours or five (5) days of sick leave use as
prescribed under the California Paid Sick Leave Law, if notified in advance by a manager or
supervisor, 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. For absences of ten
(10) consecutive working days or more, a request for leave and a medical statement, on
prescribed forms, stating expected date of return must be submitted to Human Resources. Upon
return to work, a written doctor's release must be submitted to Human Resources. For absences
of one (1) or more working days in an unpaid status, a request for leave and a medical statement,
on prescribed forms, stating expected date of return must be submitted to Human Resources.
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If the need for leave is due to the employee's serious health condition, as defined in the Family
and Medical Leave Act ("FMLA") or the California Family Rights Act ("CFRA"), the certification
requirement shall comply with the provisions of these Acts.
27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on
prescribed forms, be entitled to his or her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two (22) working days.
27.3.2 Prior to jury duty service, each employee must complete a time off request through the OC San’s
timesheet system and provide a copy of the summons to his or her supervisor. 27.3.2 To be
entitled to receive regular pay for such jury leave, the employee must report for work at OC San
for time not actually retained on jury unless there is less than one-half ½ of their regular shift
remaining. Employees are not compensated for jury duty occurring on scheduled days off.
27.3.3 An employee serving jury duty must obtain an attendance slip from the court to be submitted to
their supervisor with their timesheet in order to be eligible for regular pay for those hours of
absence due to jury duty.
27.4 Witness Leave
27.4.1 Any full-time, including probationary, employee, who is required to be absent from work by a
subpoena properly issued by a court, agency or commission legally empowered to subpoena
witnesses, which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request , be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to OC San for deposit in
the General Fund of OC San.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and
complete an online time off request form in order to be eligible for pay for such absence. To be
entitled to receive regular pay for such witness leave, the employee must report for work at OC
San for time not actually retained on witness service of one hour or more prior to and/or upon
completion of each day's service, exclusive of travel time.
27.5 Military Leave
27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall state the date when it is desired to begin the leave-of-absence
and the date of anticipated return. A copy of the orders requiring such military service shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
govern military leave. In general, current law provides that an employee having one (1) year or
more service with a public entity is entitled to military leave with pay not exceeding thirty (30) days
per year if the employee is engaged in military duty ordered for purposes of active military training
or encampment. An employee who is required to attend scheduled service drill periods or perform
other inactive duty reserve obligations is entitled to military leave without pay, not exceeding
seventeen (17) calendar days per year, although the employee may, at his or her option, elect to
use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive
drill period obligations. Employees who participate in weekend military drill duty are not eligible for
leave with pay for such activity, but may have their regular work schedule changed to
accommodate the required time off.
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27.6 Bereavement Leave
27.6.1 Using the online time off request system, any full-time employee, whether probationary or regular,
shall receive a maximumup to five (5) days of bereavement leave, thirty-six (36) hours of which
will be paid time, for the death or funeral of an immediate family member. An employee may use
existing accruals (i.e., sick, vacation, supplemental leave, compensatory time off) in order to be
paid for up to five (5) days. Bereavement leave shall be used within six (6) months of the death of
the immediate family member. Immediate family member is defined as the employee's father,
step-father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-
sister, husband, wife, domestic partner, biological child, adopted child, step-child, child of a
domestic partner, grandchild, grandparent, foster parent, foster child, legal guardian, or any family
member with whom the employee resides. With reasonable cause, employees may be required to
furnish evidence satisfactory to OC San of the family member’s death and the employee’s
relationship to the deceased family member. Employees may submit requests for bereavement
leave after the six (6) months to the Director of Human Resources or designee, who has the
discretion to grant or deny such requests.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of Service 5 - 9 10 - 14 15 - 19 20 - 24 25+
Supplemental Leave Hours 5 10 15 20 25
27.7.2 Supplemental Leave will be administered in accordance with the following guidelines:
27.7.2.1 Supplemental Leave may be used in one-quarter (0.25) hour increments.
27.7.2.2 Any unused Supplemental Leave, within the fiscal year granted, will not be carried
over to the next fiscal year.
27.7.2.3 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash
out or eligible for any mandatory payout.
27.7.2.4 Employees who cease to be part of the bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.2.5 Employees who are hired or transferred intobecome part of the bargaining unit shall
be granted Supplemental Leave on a pro-rata basis per the following schedule:
Hire/Transfer Date Percent
July – September 100%
October – December 75%
January – March 50%
April – June 25%
27.7.2.6 Movement within and among the Administrative/Clerical, Engineering, and Technical
Services Units will not be subject to pro-rata granting or forfeiture of Supplemental
Leave.
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ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of OC San to grant employees leave-of-absences without pay under certain circumstances
and in accordance with state and federal benefit entitlement laws. Except as stated below, employees
shall not receive compensation during an unpaid leave-of-absence. Employees will not be granted an
unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees
protected by PDL (Pregnancy Disability Leave)/FMLA (Family and Medical Leave Act)/CFRA (California
Family Rights Act) for their own serious health condition.
28.2 Using the prescribed forms, approved by OC San management, any full-time, including probationary, or
part-time employees with at least fifty-two (52) weeks of service and at least twelve hundred fifty (1,250)
hours of service, may be granted an FMLA and/or CFRA leave-of-absence without pay, not to exceed
twelve (12) weeks in a rolling twelve (12) month calendar period. A “rolling” twelve (12) month period is
measured backward from the date the employee uses the leave. A request for leaveLeave of absence
without payAbsence Request must be made upon prescribed forms in all instances where an employee is
absent without pay for more than five (5) consecutive working days, or for absences of ten (10) working
days or more when using paid sick leave accruals.
28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA and/or CFRA Leave for qualifying purposes other than the
employee’s own serious health condition shall be required to use all accruals, before unpaid leave
is granted. Paid time off will not accrue during any pay period that an employee is absent without
pay for more than one (1) day.
28.3.2 Paid time off accruals may be used for the care of the employee’s father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife,
domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, or a child to whom the employee stands in loco parentis, grandchild,
grandparent, foster parent, legal guardian, or any family member with whom the employee
resides.
28.4 Permissible Uses
28.4.1 FMLA Leave. FMLA leave may be used for:
28.4.1.1 The birth of a child or to care for a newborn of an employee;
28.4.1.2 The placement of a child with an employee in connection with the adoption or foster
care of a child;
28.4.1.3 The care for the employee’s father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic
partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild, grandparent, legal guardian, or any family member
with whom the employee resides who has a serious health condition, as defined in
the Act;
28.4.1.4 The employee’s own serious health condition that renders the employee unable to
perform the essential functions of his or her position, including incapacity due to
pregnancy;
28.4.1.5 A qualifying exigency arising out of the fact that an employee’s family member is on
covered active duty or called to covered active duty status in the Armed Forces. A
qualifying exigency may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of the service member, or
attending to farewell or arrival arrangements for the service member.
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28.4.1.6 The care for the employee’s family member or “next of kin” service member of the
United States Armed Forces who has a serious injury or illness incurred in the line
of duty while on active military duty. This leave may consist of up to twenty-six (26)
weeks of unpaid leave during a single twelve (12) month period.
28.4.2 CFRA Leave. CFRA Leave may be used for:
28.4.2.1 The same purposes as FMLA Leave, including the care of a domestic partner or
child of a domestic partnerdesignated person identified by the employee at the time
the employee requests leave to care for that person, and shall run concurrently with
FMLA leave.
28.4.2.1.1 Employees are limited to one (1) “designated person” per rolling 12-
month period.
28.4.2.2 CFRA may not be used for 1) an employee’s incapacity due to pregnancy, or, 2) to
care for a family member or next of kin with a serious injury or illness incurred in the
line of duty. However, incapacity due to pregnancy may entitle an employee to up
to four (4) months of pregnancy disability leave under California’s Pregnancy
Disability Leave (PDL) law.
28.4.3 General Provisions: Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, OC San requests thirty (30) days advance notice.
28.4.4 Medical Certification
28.4.4.1 As a condition of FMLA and/or CFRA Leave because of a serious health
condition, OC San may require certification by the employee’s attending
physician in accordance with Department of Labor (DOL) regulations.
28.4.4.2 As a condition of FMLA and/or CFRA Leave because of an eligible family
member’s serious health condition, OC San may require certification by the
eligible family member’s attending physician in accordance with Department
of Labor (DOL) regulations.
28.4.5 Medical and Dental Premiums
During FMLA and/or CFRA Leave, OC San shall pay for medical and dental benefits at the
same level as coverage would have been provided if the employee was not on leave. The
employee shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA and/or CFRA Leave, the employee shall be reinstated to the same
or a comparable position, unless the employee would not otherwise have been entitled to that
position for reasons unrelated to such leave (e.g., layoff), in which case the OC San’s
obligation to continue health and dental or other benefits shall cease.
28.4.7 OC San Employment of Spouses/Domestic Partners
28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve (12)
weeks FMLA and/or CFRA Leave in a rolling twelve (12) month calendar period for
the care of a parent or newly born or placed child.
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28.5 General Leave
28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general
leave-of-absence by OC San management to attend to personal matters or for FMLA and/or
CFRA qualifying events after the expirations of previously authorized leave.
28.5.2 During a general leave-of-absence, the employee will be required to pay both OC San’s and the
employee’s share of medical and dental premiums.
28.5.3 Failure to submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment.
28.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee’s restrictions (with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA) and the employee is willing to return to work,
placement in an alternative position, if available, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall be without pay; however, the employee may elect to use accrued leave hours, such as
vacation, sick or personal, to receive compensation. Placement of an employee in an alternative
position requires a pre-placement medical evaluation for the alternative job.
28.6.3 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee’s restrictions (and cannot be reasonably accommodated if the
employee is disabled within the meaning of ADA/FEHA) and there is not an alternative position, or
the employee’s restrictions are not compatible with an alternative position, or the employee is not
willing to return to work, the employee shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall be retired for disability, if eligible, or dismissed.
Such dismissal will not imply disciplinary action for cause. If requested, the employee’s file will
indicate the employee left for personal reasons.
28.6.4 Bridge of Service
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within OC San
within one (1) year, OC San shall bridge the employee’s service date. Bridging of service
procedures involve adding the total number of days away from work to the employee’s original
date of hire.
28.6.5 Failure to Return to Work
If, upon the expiration of FMLA and/or CFRA Leave, or any OC San approved extension thereof
including General Leave, an employee fails to return to work and no additional leave has been
authorized, the employee shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of OC San’s intent to
implement an automatic resignation.
28.7 Compliance with Law
These Leave-of-Absence provisions shall be interpreted and applied in a manner that is consistent with
the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between
these provisions, as written or applied, the provisions of law shall govern.
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ARTICLE 29. - CLASSIFICATION STUDIES
29.1 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, for consideration and response. Classification studies will only be
conducted twice a year in November and during the budget process; therefore, classification study
requests shall be submitted October 1st for the November review and according to the Finance budget
schedule. OC San’s management may also conduct classification studies at their discretion to ensure that
the duties and responsibilities of all employees are appropriately allocated within the classification
structure.
29.1.1 The findings of the Human Resources Department and the decision by the General Manager are
final and not subject to the appeal, problem-solving or grievance processes.
29.1.2 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 OC San’s Board of Directors. The recommendations of the classification study shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
following authorization by the Board.
29.2 Y-Rating
29.2.1 In the event the duties and responsibilities of a position are allocated to a lower paid classification,
the salary of the incumbent of that position shall remain unchanged (Y-rated) in accordance with
the following table:.
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
29.2.2 Y-rating based on the above schedule shallwill be granted for all reclassifications where
employees are working in a job classification with a lower maximum rate of pay resulting from
changes to OC San’s staffing requirements, organizational structure or “bumping” associated with
layoffs. Y-rating shall not apply in cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay. (unless otherwise authorized by the General
Manager).
29.2.3 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range.. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.3 Z-Rating
29.3.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of OC San’s comprehensive Classification Study results implemented effective July 12,
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
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OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
29.3.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
29.4 Reopener: OC San and OCEA agree to reopen this Agreement to meet and confer regarding the
comparison agencies used for any classification and compensation studies.
ARTICLE 30. - DRIVER'S LICENSE
30.1 Employees who are required by OC San to drive must notify their supervisor and the Human Resources
Risk Management Division immediately upon receipt of any status changes, including but not limited to a
suspension or revocation of their California Driver's License privileges. Failure to do so could result in
disciplinary action up to and including separation.
30.2 If an employee whose license is suspended or revoked and is unable to perform his or her regular duties
and responsibilities notifies OC San 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 OC San management’s discretion.
30.3 OC San will continue to pay the license renewals and physical examination costs of Class A &and B
licenses that are specifically required by OC San.
ARTICLE 31. - LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require OC San to fill vacant, budgeted positions nor to prohibit OC
San from eliminating vacant positions from the budget. OC San reserves the right to reassign staff to
other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if OC San finds it necessary to layoff personnel who
were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.331.2 If, in the sole discretion of OC San management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function, job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever possible.
31.43 Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests must be made in writing to the Human Resources
Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily
demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
31.54 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the
inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a
classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the
top of the list. That individual must respond to the offer within five (5) days, or the offer shall be made to
the next person on the list. An individual who either does not respond or refuses three (3) consecutive
offers shall have their name removed from the list.
31.65 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.
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OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
ARTICLE 32. - LIGHT DUTY
32.1 An employee who is released by a physician to perform limited duties because of a temporary disability
may be assigned to light duty at the discretion of OC San. Light duty may consist of duties other than
those normally performed by the employee and that are within the employee’s medical restrictions. An
employee assigned to light duty will be paid the regular wage rate for the job classification to which he or
she was assigned prior to being temporarily disabled.
ARTICLE 33. - MEDICAL EXAMINATION
33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers
their own health or safety, or that of others, OC San 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 OC San time and at OC San expense. An
employee may submit an independent medical opinion regarding the individual’s condition and addressing
his or her ability to competently perform the duties of the position. This information shall be reviewed and
considered by a competent medical authority in arriving at a decision regarding the individual's continued
employment in the position.
ARTICLE 34. - MILEAGE ALLOWANCE
34.1 Approved use of a personal vehicle for OC San business shall be reimbursed at the current IRS rate.
ARTICLE 35. - ACTING PAY
35.1 Employees who are assigned by OC San management to perform the duties of a position at a higher level
for a period of at least eighty (80) consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater. The higher rate of pay begins
with the hour eighty-one (81), and continues until the assignment ends or the six (6) month limitation has
been reached at which time a determination will be made as to whether the position should or should not
be posted. Requests for acting pay require the approval of the Department Director and the Director of
Human Resources, or designee. The eighty (80) hour eligibility period may be waived at the discretion of
the General Manager.
ARTICLE 36.
(This Article intentionally left blank.)
ARTICLE 37. - PERSONNEL FILES
37.1 Employees have the right to inspect their personnel file in the Human Resources Department during the
normal office hours of the Human Resources Department, by appointment. Employees who wish to correct
allegedly erroneous information in their file, or request that items related to disciplinary matters be
removed after the indicated time period has elapsed, should submit a request in writing to the Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, including home address, telephone number and person to contact in an
emergency.
ARTICLE 38. – BULLETIN BOARDS
38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2, which are designated for use by
employee groups to post notices to OC San employees, provided that: (a) no controversial matter which is
critical of or derogatory to OC San, its employees, officers or Directors may be posted; (b) nothing posted
by OC San 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.
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OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1 A maximum of three (3) employees covered by this Agreement and appointed by the OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of OC San permits the time away from assigned work.
ARTICLE 40. - USE OF OC SAN FACILITIES
40.1 OC San facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal
OC San operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. - SCOPE OF BARGAINING
41.1 OC San and the OCEA acknowledge that during the negotiations, which resulted in this Agreement, each
party had the unlimited right and opportunity to make demands and proposals with respect to all proper
subjects within the scope of representation. Therefore, the OC San and the OCEA, for the term of this
Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and
each agrees that the other shall not be obligated to bargain collectively with respect to any subject or
matter contained in this Agreement.
ARTICLE 42. - IMPASSE PROCEDURES
42.1 If either OC San or OCEA declares that an impasse exists in the meet and confer process, the party so
declaring may initiate the impasse procedure by providing the other party with a written request for an
impasse meeting, together with a statement of its position on all issues. An impasse meeting shall be
scheduled and held between the parties within fourteen (14) calendar days or as soon as practicable to:
42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding,
and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined
herein.
43.3 Impasse procedures are:
43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other
mutually incurred costs shall be mutually shared by OC San and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to OC San’s
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
Board. The Board may take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse shall be final and binding.
ARTICLE 43. - SEVERABILITY
43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection
of this Agreement shall be declared invalid by any court or by any state or federal law or regulation, or
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
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OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
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 OC San, OC San and OCEA shall meet and confer on
the affected article, section or subsection. In such event, all other articles, sections or subsections of this
Agreement not affected shall continue in full force and effect.
ARTICLE 44. - UNIFORMS
44.1 OC San shall provide and maintain ten (10) uniform pants and shirts, which may include the name of the
employee and OC San’s seal, at no cost to employees whose duties require that they wear uniforms. OC
San will also provide lab coats as required by the lab managermanagement.
44.2 Employees covered by this agreement shall receive OCEA employees working in divisions designated in
SOP-102 Personal Protective Equipment (PPE) as eligible to receive a safety boot allowance and/or upon
supervisor request shall receive an annual or bi-annual voucher in the amount of $225 at the beginning of
each fiscal year250 as applicable.
44.3 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 OC San management, may be worn when
attending business meetings. Failure to wear required clothing, shoes and safety equipment may be
cause for disciplinary action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
45.1 OC San’s Substance Abuse Policy will apply to all unit members. OC San may adopt or implement rules,
regulations and policies to be in compliance with federal and state laws. In such cases, notification will be
provided to the bargaining unit prior to implementation.
45.2 Department of Transportation (DOT) Regulations
45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is
subject to the commercial driver’s license requirements of the Department of Transportation,
Federal Highway Administration CFR Part 382 is subject to OC San’s Anti-Drug and Alcohol
Program. OC San will ensure that all alcohol or controlled substances testing conducted under
the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part
40.
45.3 OC San’s Substance Abuse Policy
45.3.1 Any employee may be subject to discipline, up to and including termination, for any alcohol screen
test that indicates an alcohol concentration level of 0.02% or greater.
ARTICLE 46. -– NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS
4646.1 New Employee Orientation
46.1.1. OCEA will be allowed up to one half-hour each orientation session to communicate with
OCEA-represented classifications to explain the rights and benefits as set forth in this
Agreement. Human Resources staff will send to the OCEA representative, or designee, a
notice of each new employee orientation session. The notice will be provided at least 10 days
prior to the session, or as soon as practicable, and will include pertinent session details.
46.1.2. OC San will hold new employee orientation sessions on a regular basis or at least on a
quarterly basis, given there are new OCEA-represented classifications. If there are no new
hires in the OCEA-represented classifications for a scheduled session, OC San will notify the
OCEA as soon as possible in advance of the session.
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
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OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
46.1.3. Human Resources staff will provide the OCEA with an electronic copy of the name, home
address, personal email address, and personal cell phone number of all new OCEA-
represented employees within 30 days of hire.
46.1.4. Human Resources staff will provide the OCEA with an electronic copy of the name, home
address, personal email address, and personal cell phone number of all OCEA-represented
employees at least every 120 days.
46.2 Dues Deductions
46.2.1 OC San shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees
and assessments for each employee who voluntarily authorizes such deduction in writing.
Such authorizations must be filed by the end of the pay period prior to the period for which the
deduction is requested.
46.2.2 OC San shall provide the OCEA a quarterly list of the names of those employees for whom it
has made deductions. In addition, OC San shall provide the names and addresses of new
employees and the names of employees who have terminated within the previous quarter.
46.2.3 OCEA shall indemnify, defend and hold the OC San harmless against any liability from any
claims, demands, or other action related to OC San’s deduction of Union Dues, including
claims related to the Union’s use of monies collected under these provisions.
ARTICLE 47.
(This Article intentionally left blank)
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
48.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are
in progress or recommendations resulting from such procedures are being considered by the parties, OC
San agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither
advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whole or in part from the full, faithful and proper performance of their
duties of employment.
ARTICLE 49.
(This Article intentionally left blank)
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1 OC San’s Workplace Violence and Weapons Policy will applyand Workplace Violence Prevention &
Security SOP applies to all unit members.
ARTICLE 51. - RESIGNATION
51.1 Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written
notice prior to leaving . OC San may accept in writing any verbal or written resignation at any time and
deem such resignation irrevocable. Voluntary written termination of employment with OC San is
automatically deemed irrevocable after seventy-two (72) hours from the receipt of the resignation, except
by approval of the Director of Human Resources, or designee.
ARTICLE 52.
(This Article intentionally left blank)
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
Page 27
OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE
53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District (OC SAN)
hereby agree to meet within two (2) months from the OC SAN Board approval of this MOU to discuss the
structure and process of a Labor Management Committee at OC SAN. Absent mutual agreement
regarding the structure and process of a Labor Management Committee, the parties will defer discussions
to the time when a successor MOU is raisedhave established a Labor Management Committee; the
Committee convenes on an as-needed basis.
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
Page 28
OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
SIGNATURE PAGE
2022 – 2025 – 2028
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
Executed: ________________________________
OCEA ADMINISTRATIVE & CLERICAL UNIT ORANGE COUNTY SANITATION DISTRICT
Alisha Greene, Labor Representative Laura Drottz Kalty, Lead Negotiator
Veronica Rodarte, Operations ManagerAlisha
Greene, Labor Representative
Celia ChandlerLaura Maravilla, Director of
Human Resources
Danielle Chau, Labor Representative
Carlos Rosales, Lead Organizer
Laura MaravillaThys DeVries, Human
Resources & Risk Manager
Bobby Martinez, StorekeeperMaterials
Management Clerk
Janine Aguilar, Human Resources Supervisor
Beatrice MitchellChristiana Richardson,
Administrative Assistant
Andrew Nau, Human Resources Supervisor
Thys DeVries, Principal Human Resources
Analyst
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
Page 29
OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
Mickey Whitney, Senior Construction Inspector Stephanie Barron, SeniorPrincipal Human
Resources Analyst
Dana Andrews, Senior Construction Inspector
Dennis Dilliner, Lead Source Control Inspector
David Mallonee, Environmental Technician
OCEA – Administrative/Clerical MOU July 1, 20225 to June 30, 20258
Page 30
OR040\038\10068112.v412942305.2 OR040\038\10068112.v4-047
Exhibit A
ADMINISTRATIVE AND CLERICAL
UNIT
Pay
Effective Effective Effective
111-Jul-2225
1410-Jul-2326
129-Jul-2427
Classification Grade MIN MAX MIN MAX MIN MAX
Graphics DesignerExecutive
Assistant 69
$43.75
49.21
$53.205
9.85
$45.50
51.42
$55.33
62.54
$47.09
52.96
$57.276
4.42
Administrative AssistantGraphics
Designer 6967
$43.75
46.85
$53.205
6.92
$45.50
48.96
$55.33
59.48
$47.09
50.43
$57.276
1.26
Administrative
AssistantContracts/Purchasing
Technician
67
$41.64
46.85
$50.615
6.92
$43.31
48.96
$52.63
59.48
$44.83
50.43
$54.476
1.26
Contracts/PurchasingPayroll
Technician 67
$41.64
46.85
$50.615
6.92
$43.31
48.96
$52.63
59.48
$44.83
50.43
$54.476
1.26
PayrollRecords Management
Technician 67
$41.64
46.85
$50.61$
56.92
$43.31
48.96
$52.63
$59.48
$44.83
50.43
$54.47$
61.26
RecordsMaterials Management
Technician 6764 $41.64
43.50
$50.615
2.88 $43.31
45.46
$52.63
55.26
$44.83
46.82
$54.475
6.92
Lead Materials Management Clerk 62
$36.83
41.42
$44.75$
50.34
$38.30
43.28
$46.54
$52.61
$39.64
44.58
$48.17$
54.19
Accounting Technician 58
$33.34
37.49
$40.53$
45.59
$34.67
39.18
$42.15
$47.64
$35.88
40.36
$43.63$
49.07
Program Assistant 56
$31.76
35.73
$38.55$
43.36
$33.03
37.34
$40.09
45.31
$34.19
38.46
$41.49$
46.67
Materials Management Clerk 56
$31.76
35.73
$38.554
3.36
$33.03
37.34
$40.09
45.31
$34.19
38.46
$41.49$
46.67
Office Assistant 50
$27.37
30.79
$33.26$
37.41
$28.46
32.18
$34.59
$39.09
$29.46
33.15
$35.80$
40.26
8972311.1 OR040-030
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
July 1, 20225 through June 30, 20258
OCEA – Technical Services MOU July 1, 2019 to June 30, 2022
Page i
8972311.1 OR040-030
TABLE OF CONTENTS
ARTICLE 1. - RECOGNITION ................................................................................................................................. 1
ARTICLE 2. - DURATION ....................................................................................................................................... 1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1
ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1
ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2
ARTICLE 6. - OC SAN RIGHTS.............................................................................................................................. 2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2
ARTICLE 9. - SAFETY ............................................................................................................................................ 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL ...................................................................................................... 3
ARTICLE 11. - GRIEVANCE PROCEDURE ........................................................................................................... 4
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ............................................................................................. 5
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ...................................................................... 6
ARTICLE 14. - SEVERANCE PAY ......................................................................................................................... 7
ARTICLE 15. - DEFERRED COMPENSATION ...................................................................................................... 7
ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7
ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 8
ARTICLE 18. - CALL-BACK PAY .......................................................................................................................... 9
ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9
ARTICLE 20. - INSURANCE ................................................................................................................................... 9
20.3 MEDICAL INSURANCE ............................................................................................................................... 9
20.4 LIFE INSURANCE ...................................................................................................................................... 9
20.5 SHORT TERM DISABILITY ........................................................................................................................ 10
20.6 LONG TERM DISABILITY .......................................................................................................................... 10
20.7 DENTAL INSURANCE ............................................................................................................................... 10
20.8 VISION INSURANCE ................................................................................................................................ 10
20.9 RETIRING EMPLOYEES ........................................................................................................................... 10
ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 10
21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 11
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 11
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 11
ARTICLE 22. - OVERTIME ................................................................................................................................... 11
ARTICLE 23. - PROBATIONARY PERIOD .......................................................................................................... 11
ARTICLE 24. - PROMOTIONS.............................................................................................................................. 12
ARTICLE 25. - RETIREMENT ............................................................................................................................... 12
ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 12
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 13
27.1 VACATION LEAVE ................................................................................................................................... 13
27.2 SICK LEAVE ........................................................................................................................................... 13
27.3 JURY DUTY LEAVE ................................................................................................................................. 15
27.4 WITNESS LEAVE .................................................................................................................................... 15
27.5 MILITARY LEAVE .................................................................................................................................... 15
27.6 BEREAVEMENT LEAVE ............................................................................................................................ 15
27.7 SUPPLEMENTAL LEAVE ........................................................................................................................... 16
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY ....................................................................................... 16
28.3 SUBSTITUTION OF PAID LEAVE ................................................................................................................ 17
28.4 PERMISSIBLE USES ................................................................................................................................ 17
28.5 GENERAL LEAVE .................................................................................................................................... 18
28.6 RETURN TO WORK POLICY ..................................................................................................................... 18
28.7 COMPLIANCE WITH LAW ......................................................................................................................... 19
ARTICLE 29. - CLASSIFICATION STUDIES ....................................................................................................... 19
ARTICLE 30. - DRIVER'S LICENSE ..................................................................................................................... 20
ARTICLE 31. - LAYOFF PROCEDURE ................................................................................................................ 20
ARTICLE 32. - LIGHT DUTY................................................................................................................................. 21
ARTICLE 33. - MEDICAL EXAMINATION ........................................................................................................... 21
ARTICLE 34. - MILEAGE ALLOWANCE ............................................................................................................. 21
ARTICLE 35. - ACTING PAY ................................................................................................................................ 21
OCEA – Technical Services MOU July 1, 20225 to June 30, 20258
Page ii
8972311.1 OR040-030 8972311.112942305.2 OR040-030 047
ARTICLE 36........................................................................................................................................................... 22
ARTICLE 37. - PERSONNEL FILES .................................................................................................................... 22
ARTICLE 38. - BULLETIN BOARDS .................................................................................................................... 22
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................... 22
ARTICLE 40. - USE OF OC SAN FACILITIES ..................................................................................................... 22
ARTICLE 41. - SCOPE OF BARGAINING ........................................................................................................... 22
ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 22
ARTICLE 43. - SEVERABILITY ............................................................................................................................ 23
ARTICLE 44. - UNIFORMS ................................................................................................................................... 23
ARTICLE 45. - SUBSTANCE ABUSE POLICY .................................................................................................... 23
ARTICLE 46. - DUES DEDUCTIONS ................................................................................................................... 24
ARTICLE 47........................................................................................................................................................... 24
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 24
ARTICLE 49........................................................................................................................................................... 24
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 24
ARTICLE 51. - RESIGNATION ............................................................................................................................. 24
ARTICLE 52........................................................................................................................................................... 24
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………24
SIGNATURE PAGE ............................................................................................................................................... 26
EXHIBIT A ............................................................................................................................................................. 27
ARTICLE 1. - RECOGNITION ................................................................................................................................. 1
ARTICLE 2. - DURATION ....................................................................................................................................... 1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1
ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1
ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2
ARTICLE 6. - OC SAN RIGHTS.............................................................................................................................. 2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2
ARTICLE 9. - SAFETY ............................................................................................................................................ 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL ...................................................................................................... 3
ARTICLE 11. - GRIEVANCE PROCEDURE ........................................................................................................... 4
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ............................................................................................. 5
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ...................................................................... 6
ARTICLE 14. - SEVERANCE PAY ......................................................................................................................... 7
ARTICLE 15. - DEFERRED COMPENSATION ...................................................................................................... 7
ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7
ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 8
ARTICLE 18. - CALL-BACK PAY .......................................................................................................................... 9
ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9
ARTICLE 20. - INSURANCE ................................................................................................................................... 9
20.3 MEDICAL INSURANCE ............................................................................................................................... 9
20.4 LIFE INSURANCE .................................................................................................................................... 10
20.5 SHORT TERM DISABILITY ........................................................................................................................ 10
20.6 LONG TERM DISABILITY .......................................................................................................................... 10
20.7 DENTAL INSURANCE ............................................................................................................................... 10
20.8 VISION INSURANCE ................................................................................................................................ 10
20.9 RETIRING EMPLOYEES ........................................................................................................................... 10
ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 11
21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 11
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 11
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 11
ARTICLE 22. - OVERTIME ................................................................................................................................... 11
ARTICLE 23. - PROBATIONARY PERIOD ...................................................................................................... 1211
ARTICLE 24. - PROMOTIONS.............................................................................................................................. 12
ARTICLE 25. - RETIREMENT ........................................................................................................................... 1312
ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 13
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 13
27.1 VACATION LEAVE ................................................................................................................................... 13
27.2 SICK LEAVE ........................................................................................................................................... 14
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27.3 JURY DUTY LEAVE ............................................................................................................................. 1615
27.4 WITNESS LEAVE ................................................................................................................................ 1615
27.5 MILITARY LEAVE .................................................................................................................................... 16
27.6 BEREAVEMENT LEAVE ............................................................................................................................ 16
27.7 SUPPLEMENTAL LEAVE ....................................................................................................................... 1716
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY ....................................................................................... 17
28.3 SUBSTITUTION OF PAID LEAVE ............................................................................................................ 1817
28.4 PERMISSIBLE USES ................................................................................................................................ 17
28.5 GENERAL LEAVE .................................................................................................................................... 19
28.6 RETURN TO WORK POLICY ..................................................................................................................... 19
28.7 COMPLIANCE WITH LAW ......................................................................................................................... 20
ARTICLE 29. - CLASSIFICATION STUDIES ....................................................................................................... 20
ARTICLE 30. - DRIVER'S LICENSE ..................................................................................................................... 20
ARTICLE 31. - LAYOFF PROCEDURE ................................................................................................................ 21
ARTICLE 32. - LIGHT DUTY............................................................................................................................. 2321
ARTICLE 33. - MEDICAL EXAMINATION ....................................................................................................... 2321
ARTICLE 34. - MILEAGE ALLOWANCE ............................................................................................................. 22
ARTICLE 35. - ACTING PAY ................................................................................................................................ 22
ARTICLE 36........................................................................................................................................................... 22
ARTICLE 37. - PERSONNEL FILES .................................................................................................................... 22
ARTICLE 38. - BULLETIN BOARDS ................................................................................................................ 2322
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ....................................................... 2422
ARTICLE 40. - USE OF OC SAN FACILITIES ................................................................................................. 2422
ARTICLE 41. - SCOPE OF BARGAINING ............................................................................................................. 3
ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 23
ARTICLE 43. - SEVERABILITY ........................................................................................................................ 2423
ARTICLE 44. - UNIFORMS ............................................................................................................................... 2523
ARTICLE 45. - SUBSTANCE ABUSE POLICY ...................................................................................................... 4
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS .................................................. 25
ARTICLE 47........................................................................................................................................................... 25
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 25
ARTICLE 49........................................................................................................................................................... 25
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 25
ARTICLE 51. - RESIGNATION ............................................................................................................................. 25
ARTICLE 52........................................................................................................................................................... 25
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………25
SIGNATURE PAGE ........................................................................................................................................... 2826
EXHIBIT A ......................................................................................................................................................... 2927
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8972311.1 OR040-030 12942305.2 OR040-047
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, et seq., and Resolution No. OC
San 23-09, as Resolution No. OCSD 18-18 has been repealed, of the Orange County Sanitation District’s (OC San)
Board of Directors, OC San's authorized representative has met and conferred in good faith with representatives of
the Orange County Employees Association (OCEA) for the Technical Services Unit. These meetings have resulted in
an agreement and understanding to recommend that the employees represented by OCEA accept these terms and
conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages, hours, and
conditions of employment for the employees represented by OCEA as set forth in this Agreement.
ARTICLE 1. - RECOGNITION
1.1 This Agreement, effective July 1, 20225, is entered into between the Orange County Sanitation OC San,
referred to hereinafter as the “OC San,” and the Orange County Employees Association, referred to
hereinafter as “OCEA.”
1.2 OC San 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 OC San.
ARTICLE 2. - DURATION
2.1 This Agreement shall be binding on OC San and OCEA when approved and adopted by OC San’s Board
of Directors. This Agreement shall terminate on June 30, 20258. Any issue regarding the question of
exclusive representation of a recognized employee organization shall be brought pursuant to the
Employer-Employee Relations Resolution (EERR), Resolution No. OC San 23-09, as Resolution No.
OCSD 18-18 has been repealed.
ARTICLE 3. - SUCCESSOR AGREEMENT
3.1 The GroupOCEA shall submit in writing its initial proposal for a successor agreement 60 days prior to the
expiration date of this Agreement.
ARTICLE 4. - OCEA ACCESS
4.1 An OCEA Representative shall have access to OC San’s facilities during working hours for the purpose of
assisting Unit employees in processing grievances or investigating matters arising out of the application of
provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of Human Resources, or
designee, of any changes in that list.
4.3 OCEA access shall not interfere with OC San’s operations, or with the work of employees in any manner.
OC San reserves the right to restrict access in certain areas designated as confidential or secure.
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ARTICLE 5. - OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
selected as representatives and shall update the list as necessary. An alternate representative may be
designated to act in the absence of the regular representative. Employees not listed on the roster of
representatives provided to OC San by the OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither OC San 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. – OC SAN RIGHTS
6.1 OC San inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or
administrative character are reserved to OC San in its exercise of management decision-making, except
as specifically modified by the express provisions of this Memorandum. OC San rights include, but are not
limited to, the exclusive right to consider the merits, necessity or organization of any service or activity
provided by law, or administrative order; determine the mission of its constituent departments,
commissions and boards; set standards of service, determine the procedures and standards of selection
for employment and promotion; establish and implement performance standards; direct its employees;
take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of
funds; maintain the efficiency of OC San operations; determine the methods, means and personnel by
which OC San operations are to be conducted; determine the content of job classifications; classify and
reclassify positions; take all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of performing its work.
6.2 OC San retains all authority and rights conferred on it by law, or other legal sources, except to the extent
that such authority is explicitly waived by the express terms of this agreement. OC San exercise of its
management rights hereunder shall not be subject to appeal or meeting and conferring, however, that the
exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical
consequences or impacts that OC San decisions have on wages, hours, and other terms and conditions of
employment.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard
to actual or perceived race, color, religion, national origin, ancestry, sex, gender, gender identity, gender
expression, sexual orientation, age, physical or mental disability, medical condition, genetic information,
marital status, or military or veteran status, reproductive health decision making or any other lawfully
protected class. To the extent required by law or by OC San’s rules or regulations, this provision of the
Agreement shall be applied to all members of the unit without regard to any protected classification.
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
8.1 OC San 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 OC San employees and their families, smoking and the use of tobacco
(cigarettes, cigars, e-cigarettes [“vaping”] and related tobacco products and technologies) is not
acceptable within OC San facilities, and may occur only in areas posted for smoking.
ARTICLE 9. - SAFETY
9.1 It is the duty of OC San 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
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alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements
of OC San, and to report any unsafe practices or conditions to their immediate supervisors. An employee
shall not be required to perform work that is unsafe.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any
employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay,
demotion to a classification with a lower maximum rate of pay or dismissal.
10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by OC
San for just cause.
10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a
suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or
dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail
sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail, which shall be the date of issuance.
10.5 The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the
effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials
upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or
in writing to the person initially imposing the discipline or to a OC San management representative with
authority to make an effective recommendation on the proposed action, the person to whom any response
must be directed, and the fact that such response must be received within ten (10) business days of the
date of issuance of the notice. The Notice shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity
to respond either verbally or in writing to a management representative with authority to make an effective
recommendation on the proposed action. After review of an employee's response, OC San 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, OC San may reduce discipline without further notice.
Further clarification of the disciplinary policies and procedures are covered in OC San’s Personnel Policies
& Procedures Manual.
10.7 Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the
employee knows or reasonably should have known that the performance or conduct was unsatisfactory.
Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being
under the influence of drugs or alcohol, theft or misappropriation of OC San property or funds, fighting on
the job, insubordination, acts endangering people or property, “no call/no show” or other serious
misconduct. OC San may substitute documented suspensions without pay for written reprimands.
10.7.1 Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled
shall be considered "no call/no show" and shall be subject to discipline, up to and including
termination. Employees who fail to provide any notice to their supervisor and fail to report to work
for three (3) or more consecutive days will be considered to have abandoned their job and shall be
subject to discipline up to and including termination.
10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-
disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee,
within ten (10) business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a
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hearing officer selected by the General Manager. The hearing officer may not be an employee of OC San.
The hearing officer will provide a written, advisory decision to the General Manager. The General
Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager shall be final.
10.9 Disciplinary actions will be recorded in employee performance reviews. Disciplinary action documentation,
except verbal reprimand documentation, shall be placed in an employee's personnel file in the Human
Resources Department. Verbal reprimand documentation will be kept in the supervisor’s employee files.
Documentation regarding verbal and written reprimands may be removed from a supervisor’s employee
file and/or an employee’s personnel file twenty-four (24) months subsequent to the date of issuance,
provided that there has been no recurrence of a similar incident during the period. If the Director of
Human Resources, or designee, agrees to remove disciplinary action documentation from an employee’s
personnel file, such documentation shall be retained in a separate file by the Human Resources
Department for the purpose of showing that progressive discipline has been followed or in support of OC
San’s proposed discipline.
10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance
deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable
accommodation) shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except
that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed
under this Grievance Procedure.
11.2 A grievance may be brought to the attention of OC San by an individual employee within the Unit or by the
OCEA. OC San may not bring a grievance through this procedure. Grievances brought by two (2) or more
employees, and concerning the same incident, issue, or course of conduct, or multiple grievances brought
by the same employee may, upon mutual agreement of OC San and the OCEA, be consolidated for the
purposes of this procedure.
11.3 Employees are encouraged prior to bringing forward a formal grievance, to discuss the issue with the
Director of Human Resources, or designee, in an effort to bring about an informal resolution.
11.4 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. OC San shall provide a
copy of all written grievance settlements to the OCEA. Any reference to days in this article implies
business days.
11.4.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within ten (10) days of the occurrence of the event giving rise to the complaint, or within
ten (10) days from the time that the employee became aware of such event. The supervisor, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within ten (10) days.
11.4.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, or designee, with a copy provided to the Director of Human Resources or
designee. This request for formal review must be presented on a form provided by OC San within
ten (10) days of the conclusion of Step 1. The written grievance must:
11.4.2.1 Identify the specific management act to be reviewed;
11.4.2.2 Specify how the employee was adversely affected;
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11.4.2.3 List the specific provisions of the MOU that were allegedly violated and state how they
were violated;
11.4.2.4 Specify the remedy requested; and
11.4.2.5 Provide the date of attempts at informal resolution and the name of the supervisor or
individual involved.
11.4.2.13 The Division Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.4.34 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee’s
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by OC San within five (5) days of the conclusion of Step 1
or 2, and must contain the information specified in Step 2 above. A copy of each written
communication on a grievance will be filed with the Director of Human Resources, or designee.
The employee’s Department Director, or designee, shall respond in writing to the employee within
ten (10) days after the date the grievance is received.
11.4.45 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five (5) days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.4.56 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five (5) days from the date the Step 4 finding was issued. The General Manager,
or designee, shall respond in writing to the employee within ten (10) days after the date of the
grievance is received. The decision of the General Manager is final.
11.5 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 OC San operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.5.16 Failure of a management representative to respond within the appropriate time limit shall provide a basis
for the employee appealing to the next step. If a grievance is not presented or appealed within the time
limits, it shall be considered resolved on the basis of the preceding response. The Director of Human
Resources, or designee, may be petitioned in writing to waive the step or time requirements provided
sufficient cause exists.
11.5.27 Resolution may be agreed upon at any stage of the grievance process. However, the OCEA shall be
notified prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
12.1 Employees may bring problems to the attention of OC San managers through the Problem Solving
Procedure. This Procedure was developed to encourage and facilitate the resolution of employee
concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be
subjected to the Grievance Procedure. Any reference to days in this article implies business days.
12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon
as possible. The supervisor shall review the situation or decision, and provide a written response within
five days from the date they were notified of the problem.
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12.3 If the problem is not resolved to the employee's satisfaction, the employee may file a written statement
concerning the problem with the Director of Human Resources, or designee, within ten (10) days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten (10) days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
13.1 Each pay grade is divided into five (5) steps, with an approximate 5.0% difference between each step.
13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of
implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective
after the date of implementation.
13.3 Merit Pay
13.3.1 Step Increase Pay – Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
13.3.1.1 Eligible - Employees must have a proficient year-end performance appraisal to receive a
one (1) step base-building salary increase until earning placement at step five (5).
13.3.1.2 Ineligible - Employees who are placed on a Performance Improvement Plan (PIP) due to
a needs improvement performance review on the year-end appraisal or who are on a PIP
at the time of the year-end appraisal period will remain at their current step until the PIP
is satisfactorily completed.
13.3.1.3 Performance Management Program: The performance management program includes
three (3) rating categories (exceeds, proficient, needs improvement) for performance
appraisals.
13.3.2 Development Pay – Employees under this Agreement will be eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum
amount each pay period. Employees must have a proficient year-end performance appraisal to be
eligible for the following Development Pay types:
Education – Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive $20.76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at $41.53 per pay period. Effective the first full pay period in
July 2025, eligible employees who obtain or who have obtained a degree of approved subjects
at an accredited college or university will receive $25.00 per pay period for an associate
degree and $50.00 per pay period for an undergraduate degree. The maximum amount of
Education pay is fixed at $50.00 per pay period.
Certification/License – Eligible employees who obtain or who have obtained an OC San
approved certification or license will receive $15.24 per pay period per certificate or license
with a maximum of three (3) certificates and/or licenses. The maximum amount of
certification/license pay for any combination of certificates and/or licenses is fixed at $45.72
per pay period.
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at $87.25 per pay period. Effective the first full pay period in July 2025, the
overall maximum Development Pay for education, certification and/or licenses is fixed
at $95.72 per pay period.
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13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review
on the year-end performance appraisal are not eligible for Development Pay until the
PIP is satisfactorily completed.
13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13.4 Salary Range Adjustments
13.4.1 Effective the first pay period in July 20225, employees under this Agreement will receive salary
range adjustments at a flat rate of 4.5%.
13.4.2 Effective the first pay period in July 20236, employees under this Agreement will receive salary
range adjustments at a flat rate of 4.05%.
13.4.3 Effective the first pay period in July 20247, employees under this Agreement will receive salary
range adjustments at a flat rate of 3.50%.
13.5 One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first
full pay period in July 2022 will receive a $1,500 one-time payment.
ARTICLE 14. - SEVERANCE PAY
14.1 Except for disciplinary cause or release from probation, when a full-time employee is terminated by action
of OC San, the employee shall be notified in writing two (2) weeks prior to the effective separation date. In
the event OC San does not give such notification, the employee shall be entitled to severance pay in
accordance with the formula set forth below:
14.1.1 Full-time, regular employees shall be entitled to eight (8) hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2 Employees in limited term or part-time positions, probationary employees and employees who are
separated for cause, are not eligible for severance pay under any circumstances.
ARTICLE 15. - DEFERRED COMPENSATION
15.1 Employees may participate in OC San’s approved deferred compensation plan subject to IRS
requirements, and in accordance with all guidelines for voluntary participation established by OC San
management.
15.2 Effective the first full pay period in July 2022, employees15.2 Employees covered by OCERS Plans B and
U and who participate in the deferred compensation plan, are eligible to receive up to a $160 per month
matching OC San contribution. Effective the first full pay period in July 2025, employees covered by
OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to
$362 per month matching OC San contribution.
ARTICLE 16. - HOLIDAYS
16.1 The days listed below are observed by OC San as holidays. Employees will receive holiday pay if their
entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status,
meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts. When an
employee's work schedule requires that they work on an observed holiday, the employee will be paid at
the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and
one half (1.5) times their regular hourly rate for all hours actually worked. Employees may also elect to
receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay if
requested by December 31 of the prior year on the Holiday Comp Cashout Form. When a holiday occurs
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on an employee's regular scheduled day off, the employee will accrue compensatory time off for the
amount of hours normally scheduled for that day. Employees with a compensatory time off balance in
excess of fifty (50) hours as of the last pay period ending in October will receive a mandatory payout for
the hours that exceed fifty (50).
HOLIDAYS
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday** (refer to
Section 16.2)
16.2 Employees will be granted "Floating Holiday" hours equal to and no less than one (1) regular workday
during each calendar year. Floating Holiday hours may be utilized in one quarter (.25) hour increments.
New employees shall be granted a “Floating Holiday” on a pro rata basis in the first calendar year of
service per the following table:
Hire Date Percent
1st Quarter (January-March) 100%
2nd Quarter (April-June) 75%
3rd Quarter (July-September) 50%
4th Quarter (October-December) 0%
16.3 Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject to
cash out or eligible for any mandatory payout regardless of reason. Every effort will be made to approve
an employee's request for a "Floating Holiday" off providing sufficient notice is given.
ARTICLE 17. – HOURS OF WORK
17.1 For record keeping and accounting purposes, the “workweek” for full-time employees is 40 hours per 168-
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour
days each workweek (10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-
hour day each workweek (7/80). The starting and ending times of individual employees’ workweeks may
vary.
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17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 OC San may, at its sole discretion, change an employee’s work schedule with thirty (30) days written
notice to the affected employee.
17.4 OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy.
ARTICLE 18. - CALL-BACK PAY
18.1 When an employee is called back to work by OC San management without prior notice, and the employee
has completed his or her normal work shift and left the work station, orsite; when prior notice is given but
the work begins on the same day at least three (3) hours after completion of the regular shift; or when an
employee assigned to standby is actually called to work, the employee shall receive a minimum of three
(3) hours of call back pay. The three hours(3) hour 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.
18.2 The call back period shall begin when the standby employee has been informed by OC San to return to
work. The call back period shall end when either the employee arrives at his or her residence or the
original destination; in either case, the employee shall inform OC San upon arrival.
18.3. If the call back period has ended and the employee is called back to work (whether within or outside of the
3-hour minimum timeframe), a new call back period will be started and the employee will be eligible for at
least the 3-hour minimum call back pay.
18.4. If the call back period has not ended and the employee is called back to work (whether within or outside of
the 3-hour minimum timeframe), the call back period and associated pay will continue but the employee
will not be eligible for another 3-hour minimum call back pay.
18.5. Call back pay is applied per call back and not per work assignment or work order.
18.6. Call back work performed by employees on standby assignments is intended for activities that are
imperative and not routine in nature.
ARTICLE 19. - STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, OC San 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 five hundred (500) dollars per
week, and shall receive Call Back pay when they are actually called to work. Effective the first full pay
period in July 2025, an employee placed on standby shall be compensated at the rate of six hundred (600)
dollars per week.
ARTICLE 20. – INSURANCE
20.1 OC San will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period shall be held annually.
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20.3 Medical Insurance
20.3.1 OC San will provide medical health insurance coverage through a Health Maintenance
Organization (HMO) medical insurance plan and a Preferred Provider Organization (PPO) medical
insurance plan.
20.3.2 Regular, full-time employees:
20.3.2.1 OC San shall contribute 90% of employee only premiums for the HMO medical
health plan and 80% of employee only premiums for the PPO medical health plan.
OC San will contribute 80% of the employee +1 dependent and full family premiums
for the HMO and PPO medical plans. Any change in insurance rates shall be shared
equally in same ratio as OC San and employees currently pay premiums. Before
the renewal of any OC San’s sponsored health insurance plan, the parties agree to
meet and confer as to changes in the plan.
20.3.3 OC San may reopen negotiations at any time during the term of the MOU to address the impact of
the Affordable Care Act (ACA), provided that no change may be made by OC San unless such
change is either (1) mandated by the ACA, or (2) mutually agreed upon by the parties.
20.4 Group Insurance Premiums
20.4.1 Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
20.5 Life Insurance
20.5.1 OC San shall pay up to the full premium for $50,000 term life insurance on each employee
according to the plan terms, which provide for reductions at specific ages.
20.56 Short Term Disability
20.6.1 OC San shall provide a non-work related, short-term disability indemnity plan that provides
benefits for employees equal to California’s State Disability Insurance (SDI) program for up to
twenty-six (26) weeks following a fourteen (14) calendar day waiting period.
20.67 Long Term Disability
20.67.1 OC San shall provide a non-work related, long-term disability indemnity plan that pays two-
thirds of the employee's rate of pay in effect at the time of such disability, not to exceed
$5,000 per month, up to age 65, following a 90-day waiting period of continuous disability, at
such time that an employee completes five (5) years of service.
20.67.2 For participants age 64 and younger, the maximum period of payment is based on the Social
Security Act retirement age of 65. For participants age 65 and older, the maximum period of
payment is specified. The specified periods and additional information about coverage is
included in OC San’s long-term disability plan contract accession on the intranet.
20.67.3 No combination of disability or sick leave pay shall result in more than an employee's regular
rate of pay. Employees may not receive short-term and long-term disability benefits at the
same time. An employee who is otherwise not eligible for OC San paid Long Term Disability
may purchase such coverage at his or her own expense.
20.78 Dental Insurance
20.8.1 OC San will contribute 80% of employee only and 80% of full family premiums for dental
insurance.
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20.89 Vision Insurance
20.9.1 OC San shall provide a vision insurance plan for regular, full-time employees and eligible
dependents.
20.910 Retiring Employees
20.9.1 OC San shall pay, for employees hired prior to July 1, 1988, two and one-half (2.5) months'
premium for each year of continuous service of a retiring employee towards the premium
costs of coverage for the employee and eligible dependents under OC San’s medical plan.
20.9.2 In the event OC San adds additional optional insurance plans, OC San's share of the premium
shall be the same as for existing plans as set forth above. In the event OC San changes
underwriters for existing insurance plans, OC San’s share of the premium shall be the same
as for existing insurance plans as set forth above.
20.9.320.10.1 OC San will continue to implement the retiree medical health premium offset program
wherein the cost of health premiums are offset by $10 per month for every full year of
continuous service up to a maximum of 25 years or $250 per month. Employees hired on or
after August 1, 2011 shall not be eligible for the retiree medical health premium offset.
20.9.410.2 Continuous service is calculated based on benefitted employment. Time as an intern or in
non-benefited status shall not count toward continuous service.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
21.1 Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion
of the cost of benefits under the Plan through salary redirection arrangements. The options available
under the flexible benefits program are listed below. This is a brief overview of the different options. For
complete information regarding Flexible Spending Accounts, employees must refer to the plan booklet
available in the Human Resources Department.
21.2 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
21.2.1 The purpose of this account is to provide a method through which the employee can
accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of
reimbursing himself or herself for payment of health care costs not otherwise covered by his or
her medical insurance.
21.43 Dependent Care Assistance Account
21.3.1 The purpose of this account is to provide a method through which the employee can
accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of
reimbursing himself or herself for childcare expenses or day care for a disabled dependent.
ARTICLE 22. - OVERTIME
22.1 Employees shall be notified as soon as practicable after OC San decides upon the need for overtime or
additional work. OC San may require the performance of overtime. In the event no qualified employee
wishes to work overtime, OC San’s management may select employees with the ability to perform the
work by inverse seniority. OC San managers shall attempt to evenly distribute overtime among employees
based upon an employee's ability to perform the overtime work.
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22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty (40) hours in a
seven (7) day workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at
least the first day of the pay period following one year of employment without a break in service. Extended
absence without pay, short-term and long-term disability and Workers' Compensation leave does not
provide an opportunity to judge an employees' capability to meet performance expectations for a position,
and thus the time spent on such leaves shall not be included towards completion of the probationary
period and may result in an extension.
23.2 Employees who are rehired following a break in service must complete a new probationary period whether
or not one was previously completed.
23.3 New employees serving their initial probationary period shall be eligible for Development Pay and/or
certification/license reimbursement the first day of the pay period following six months of employment
without a break in service.
23.4 An employee may be released during his or her initial probationary period at the discretion of OC San
without recourse to the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at-will during
his/her initial probationary period. Employees within the initial probationary period do not have any
property rights in their job during probation and may be separated with or without cause.
23.5 Employees who are reassigned or, laterally transferred or have a voluntary job change will serve a
probationary period of six months. The “probationary period” shall not divest an employee of his/her
property rights in his/her former position. Rejection of probation during this period shall result in the
employee reverting to his/her former assignment and/or position.
ARTICLE 24. - PROMOTIONS
24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of
pay. OC San will determine whether a vacant position shall be filled as an openexternal or promotional
opportunity orinternal recruitment. Whenever OC San intends to fill a position by promotion, OC San shall
post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of
posting. Notices shall be posted on OC San’s intranet.
24.2 A promoted employee shall serve a promotional probationary period lastingthat extends to at least until the
first day of the pay period following twenty-six months after(26) weeks of employment without a break in
service, beginning with the effective date of the promotion. OC San may extend an employee’s
promotional probationary period for the length of any period during which an employee is on an extended
leave of absence during the probationary period.
24.3 At any time during the promotional probationary period, an employee may be returned to his or her
previous position. or an equivalent position. The promotional probation period may be extended by mutual
agreement between the employee and OC San’sOC San management for up to ninety (90) days.
24.4 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 months(26) weeks after the effective date of the
promotion.
24.3 24.4.1 For those employees promoted during the pendency of their initial probationary period, such
period shall run concurrently with the promotional probationary period and shall apply over the
promotional probationary period while it remains in effect. Should the initial probationary
period end before the promotional probationary period, the promoted employee shall remain
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on the promotional probationary period for the remaining period until at least the first day of
the pay period following twenty-six (26) weeks of employment without a break in service.
24.5 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the
range for the new classification or the minimum rate of the new classification whichever is greater.
ARTICLE 25. - RETIREMENT
25.1 OC San shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and OC San.
25.1.1 Employees hired on or after September 21, 1979 and before August 1, 2011: OC San will
continue to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan H) based on the
highest consecutive thirty-six (36) months average earnings, past and future service.
25.1.1.1 OC San will continue to pay 3.5% of an eligible employee’s base salary toward the
employee’s contributions to OCERS.
25.1.2 Employees hired on or after August 1, 2011 and before January 1, 2013: OC San will contract with
OCERS to provide the 1.667% @ 57.5 benefit formula (Plan B) based on the highest consecutive
thirty-six (36) months average earnings, past and future service.
25.1.2.1 OC San will pay 0% of an eligible employee’s base salary towards the employee’s
contribution to OCERS.
25.1.3 Employees hired on or after January 1, 2013: OC San will contract with OCERS to provide the
2.5% @ 67 benefit formula (Plan U - PEPRA) based on the highest consecutive thirty-six (36)
months average earnings, past and future service.
25.1.3.1 OC San will pay 0% of an eligible employee’s base salary towards the employee’s
contribution to OCERS.
25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
ARTICLE 26. - SHIFT DIFFERENTIAL
26.1 Employees who are regularly assigned to work a night shift that consists of 50% or more of their hours
between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall receive a shift differential of $2.50
per hour for each hour worked between 6:00 p.m. and 6:00 a.m.
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY
27.1 Vacation Leave
27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with
the first day of employment, in accordance with the following schedule:
Years of Service
Hours-Biweekly
Hours-Annual
In years 0 through 14 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
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in OC San Policy.
27.1.3 Vacation leave may only be utilized in increments of one-quarter (0.25) hour or more. Vacation
leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave
payroll status.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Annual Payoff. Employees may have a maximum accumulation of 200 hours as of the last day of
the final pay period in December of each year. In the event an employee accrues vacation leave
in excess of 200 hours, it must be used prior to said December date, all other remaining hours in
excess of 200 will be paid to the employee in the first pay period in January at the employee's then
current hourly rate of compensation.
27.2 Sick Leave
27.2.1 Definition.- Sick leave is an insurance or protection provided by OC San to be granted to
employees in circumstances of adversity to promote the health and welfare of the individual
employee. It is not an earned right to take time off from work. Sick leave is defined as the
absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to
attend to the illness or injury of a family member as hereinafter defined; or, for an employee or
family member who is a victim of violence, domestic violence, sexual assault, or stalking, for the
purposes described in Labor Code sections 230(c) and 230.1(a). Temporary employees shall
receive sick leave benefits as required by State law.
27.2.2 Method - Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid
sick leave at the rate of three point five (3.5) hours for each biweekly pay period of continuous
service (ninety-one (91) hours per year). Full-time employees hired on or after November 27,
1981, accrue paid sick leave at the rate of three (3.0) hours for each biweekly pay period of
continuous service (seventy-eight (78) hours per year), beginning with the first day of employment.
27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable OC San
Policy.
27.2.427.2.3 When unpaid absences occur, sick leave accruals will be applied by straight proration
for leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.2.54 Annual Payoff - Employees may elect annually to be paid for any unused sick leave hours accrued
through the last pay period ending in October at their current hourly rate according to the following
payoff schedule or as specified in a Memoranda of Understanding.
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Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
27.2.6 Employees who terminate for any reason other than retirement or death shall be compensated for
any accrued and unused sick leave according to the above schedule. Employees who retire or
decease with twenty (20) years or more of service shall be paid at the one hundred percent
(100%) rate for all accrued and unused sick leave. Employees who retire or decease with less
than twenty (20) years of service will be paid at the seventy-five percent (75%) rate for all accrued
and unused sick leave.
27.2.7 Permissible Uses - Sick leave may be applied only to the following situations:
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, domestic partner, child, child of domestic partner, grandparent,
grandchild, legal guardian, or any family member with whom the employee resides; or
designated person. A designated person is a person identified by the employee at the time
the employee requests sick leave. The employee is limited to one designated person per
rolling 12-month period.
D. Absence due to a job-related injury.
E. Absence related to an employee or family member who is a victim of violence, domestic
violence, sexual assault, or stalking, for the purposes described in Labor Code sections 246.5,
230(c) and 230.1(a).
F. 27.2.8 Bereavement Leave, as set forth in section 27.6.1, below.
27.2.8 Protected Sick Leave – As prescribed under California Labor Code section 233, employees may
use up to one-half (1/2) of their annual sick leave accruals in any calendar year for qualifying
reasons to care for eligible family members.
27.2.9 General Provisions - To qualify for sick leave pay, the employee must notify OC San 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-quarter hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. IfExcept for the first forty (40) hours or five (5) days of sick leave use as
prescribed under the California Paid Sick leave Law, if notified in advance by a manager or
supervisor, 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. For absences of ten (10)
consecutive working days or more, a request for leave and a medical statement, on prescribed
forms, stating expected date of return must be submitted to Human Resources. Upon return to
work, a written doctor's release must be submitted to Human Resources. For absences of one (1)
or more working days in an unpaid status, a request for leave and a medical statement, on
prescribed forms, stating expected date of return must be submitted to Human Resources.
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If the need for leave is due to the employee's serious health condition, as defined in the Family
and Medical Leave Act ("FMLA") or the California Family Rights Act ("CFRA"), the certification
requirement shall comply with the provisions of these Acts.
27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on
prescribed forms, be entitled to his or her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two (22) working days.
27.3.2 Prior to jury duty service, each employee must complete a time off request through OC San’s
timesheet system and provide a copy of the summons to his or her supervisor. 27.3.2 To be
entitled to receive regular pay for such jury leave, the employee must report for work at OC San
for time not actually retained on jury unless there is less than one-half ½ of their regular shift
remaining. Employees are not compensated for jury duty occurring on scheduled days off.
27.3.3 An employee serving jury duty must obtain an attendance slip from the court to be submitted to
their supervisor with their timesheet in order to be eligible for regular pay for those hours of
absence due to jury duty.
27.4 Witness Leave
27.4.1 Any full-time, including probationary, employee, who is required to be absent from work by a
subpoena properly issued by a court, agency or commission legally empowered to subpoena
witnesses, which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request , be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to OC San for deposit in
the General Fund of OC San.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and
complete an online time off request form in order to be eligible for pay for such absence. To be
entitled to receive regular pay for such witness leave, the employee must report for work at OC
San for time not actually retained on witness service of one hour or more prior to and/or upon
completion of each day's service, exclusive of travel time.
27.5 Military Leave
27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall state the date when it is desired to begin the leave-of-absence
and the date of anticipated return. A copy of the orders requiring such military service shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
govern military leave. In general, current law provides that an employee having one (1) year or
more service with a public entity is entitled to military leave with pay not exceeding thirty (30) days
per year if the employee is engaged in military duty ordered for purposes of active military training
or encampment. An employee who is required to attend scheduled service drill periods or perform
other inactive duty reserve obligations is entitled to military leave without pay, not exceeding
seventeen (17) calendar days per year, although the employee may, at his or her option, elect to
use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive
drill period obligations. Employees who participate in weekend military drill duty are not eligible for
leave with pay for such activity, but may have their regular work schedule changed to
accommodate the required time off.
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27.6 Bereavement Leave
27.6.1 Using the online time off request system, any full-time employee, whether probationary or regular,
shall receive a maximumup to five (5) days of bereavement leave, thirty-six (36) hours of which
will be paid time for the death or funeral of an immediate family member. An employee may use
existing accruals (i.e., sick, vacation, supplemental leave, compensatory time off) in order to be
paid for up to five (5) days. Bereavement leave shall be used within six (6) months of the death of
the immediate family member. Immediate family member is defined as the employee's father,
step-father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-
sister, husband, wife, domestic partner, biological child, adopted child, step-child, child of a
domestic partner, grandchild, grandparent, foster parent, foster child, legal guardian, or any family
member with whom the employee resides. With reasonable cause, employees may be required to
furnish evidence satisfactory to OC San of the family member’s death and the employee’s
relationship to the deceased family member. Employees may submit requests for bereavement
leave after the six (6) months to the Director of Human Resources or designee, who has the
discretion to grant or deny such requests.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of Service 5 - 9 10 - 14 15 - 19 20 - 24 25+
Supplemental Leave Hours 5 10 15 20 25
27.7.2 Supplemental Leave will be administered in accordance with the following guidelines:
27.7.2.1 Supplemental Leave may be used in one-quarter (0.25) hour increments.
27.7.2.2 Any unused Supplemental Leave, within the fiscal year granted, will not be carried
over to the next fiscal year.
27.7.2.3 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash
out or eligible for any mandatory payout.
27.7.2.4 Employees who cease to be part of the bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.2.5 Employees who are hired or transferred intobecome part of the bargaining unit shall
be granted Supplemental Leave on a pro-rata basis per the following schedule:
Hire/Transfer Date Percent
July – September 100%
October – December 75%
January – March 50%
April – June 25%
27.7.2.6 Movement within and among the Administrative/Clerical, Engineering, and Technical
Services Units will not be subject to pro-rata granting or forfeiture of Supplemental
Leave.
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ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of OC San to grant employees leave-of-absences without pay under certain circumstances
and in accordance with state and federal benefit entitlement laws. Except as stated below, employees
shall not receive compensation during an unpaid leave-of-absence. Employees will not be granted an
unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees
protected by PDL (Pregnancy Disability Leave)/FMLA (Family and Medical Leave Act)/CFRA (California
Family Rights Act) for their own serious health condition.
28.2 Using the prescribed forms, approved by OC San management, any full-time, including probationary, or
part-time employees with at least fifty-two (52) weeks of service and at least twelve hundred fifty (1,250)
hours of service, may be granted an FMLA and/or CFRA leave-of-absence without pay, not to exceed
twelve (12) weeks in a rolling twelve (12) month calendar period. A “rolling” twelve (12) month period is
measured backward from the date the employee uses the leave. A request for leaveLeave of absence
without payAbsence Request must be made upon prescribed forms in all instances where an employee is
absent without pay for more than five (5) consecutive working days, or for absences of ten (10) working
days or more when using paid sick leave accruals.
28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA and/or CFRA Leave for qualifying purposes other than the
employee’s own serious health condition shall be required to use all accruals, before unpaid leave
is granted. Paid time off will not accrue during any pay period that an employee is absent without
pay for more than one (1) day.
28.3.2 Paid time off accruals may be used for the care of the employee’s father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife,
domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, or a child to whom the employee stands in loco parentis, grandchild,
grandparent, foster parent, legal guardian, or any family member with whom the employee
resides.
28.4 Permissible Uses
28.4.1 FMLA Leave. FMLA leave may be used for:
28.4.1.1 The birth of a child or to care for a newborn of an employee;
28.4.1.2 The placement of a child with an employee in connection with the adoption or foster
care of a child;
28.4.1.3 The care for the employee’s father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic
partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild, grandparent, legal guardian, or any family member
with whom the employee resides who has a serious health condition, as defined in
the Act;
28.4.1.4 The employee’s own serious health condition that renders the employee unable to
perform the essential functions of his or her position, including incapacity due to
pregnancy;
28.4.1.5 A qualifying exigency arising out of the fact that an employee’s family member is on
covered active duty or called to covered active duty status in the Armed Forces. A
qualifying exigency may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of the service member, or
attending to farewell or arrival arrangements for the service member.
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28.4.1.6 The care for the employee’s family member or “next of kin” service member of the
United States Armed Forces who has a serious injury or illness incurred in the line
of duty while on active military duty. This leave may consist of up to twenty-six (26)
weeks of unpaid leave during a single twelve (12) month period.
28.4.2 CFRA Leave. CFRA Leave may be used for:
28.4.2.1 The same purposes as FMLA Leave, including the care of a domestic partner or
child of a domestic partnerdesignated person identified by the employee at the time
the employee requests leave to care for that person, and shall run concurrently with
FMLA leave.
28.4.2.1.1 Employees are limited to one (1) “designated person” per rolling 12-
month period.
28.4.2.2 CFRA may not be used for 1) an employee’s incapacity due to pregnancy or,. 2)) to
care for a family member or next of kin with a serious injury or illness incurred in the
line of duty. However, incapacity due to pregnancy may entitle an employee to up
to four (4) months of pregnancy disability leave under California’s Pregnancy
Disability Leave (PDL) law.
28.4.3 General Provisions: Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, OC San requests thirty (30) days advance notice.
28.4.4 Medical Certification
28.4.4.1 As a condition of FMLA and/or CFRA Leave because of a serious health
condition, OC San may require certification by the employee’s attending
physician in accordance with Department of Labor (DOL) regulations.
28.4.4.2 As a condition of FMLA and/or CFRA Leave because of an eligible family
member’s serious health condition, OC San may require certification by the
eligible family member’s attending physician in accordance with Department
of Labor (DOL) regulations.
28.4.5 Medical and Dental Premiums
During FMLA and/or CFRA Leave, OC San shall pay for medical and dental benefits at the
same level as coverage would have been provided if the employee was not on leave. The
employee shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA and/or CFRA Leave, the employee shall be reinstated to the same
or a comparable position, unless the employee would not otherwise have been entitled to that
position for reasons unrelated to such leave (e.g., layoff), in which case OC San’s obligation to
continue health and dental or other benefits shall cease.
28.4.7 OC San Employment of Spouses/Domestic Partners
28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve (12)
weeks FMLA and/or CFRA Leave in a rolling twelve (12) month calendar period for
the care of a parent or newly born or placed child.
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28.5 General Leave
28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general
leave-of-absence by OC San management to attend to personal matters or for FMLA and/or
CFRA qualifying events after the expirations of previously authorized leave.
28.5.2 During a general leave-of-absence, the employee will be required to pay both OC San’s and the
employee’s share of medical and dental premiums.
28.5.3 Failure to submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment.
28.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee’s restrictions (with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA) and the employee is willing to return to work,
placement in an alternative position, if available, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall be without pay; however, the employee may elect to use accrued leave hours, such as
vacation, sick or personal, to receive compensation. Placement of an employee in an alternative
position requires a pre-placement medical evaluation for the alternative job.
28.6.3 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee’s restrictions (and cannot be reasonably accommodated if the
employee is disabled within the meaning of ADA/FEHA) and there is not an alternative position, or
the employee’s restrictions are not compatible with an alternative position, or the employee is not
willing to return to work, the employee shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall be retired for disability, if eligible, or dismissed.
Such dismissal will not imply disciplinary action for cause. If requested, the employee’s file will
indicate the employee left for personal reasons.
28.6.4 Bridge of Service
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within OC San
within one (1) year, OC San shall bridge the employee’s service date. Bridging of service
procedures involve adding the total number of days away from work to the employee’s original
date of hire.
28.6.5 Failure to Return to Work
If, upon the expiration of FMLA and/or CFRA Leave, or any OC San approved extension thereof
including General Leave, an employee fails to return to work and no additional leave has been
authorized, the employee shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of OC San’s intent to
implement an automatic resignation.
28.7 Compliance with Law
These Leave-of-Absence provisions shall be interpreted and applied in a manner that is consistent with
the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between
these provisions, as written or applied, the provisions of law shall govern.
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ARTICLE 29. - CLASSIFICATION STUDIES
29.1 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, for consideration and response. Classification studies will only be
conducted twice a year in November and during the budget process; therefore, classification study
requests shall be submitted October 1st for the November review and according to the Finance budget
schedule. OC San’s management may also conduct classification studies at their discretion to ensure that
the duties and responsibilities of all employees are appropriately allocated within the classification
structure.
29.1.1 The findings of the Human Resources Department and the decision by the General Manager are
final and not subject to the appeal, problem-solving or grievance processes.
29.1.2 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 OC San’s Board of Directors. The recommendations of the classification study shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
following authorization by the Board.
29.2 Y-Rating
29.2.1 In the event the duties and responsibilities of a position are allocated to a lower paid classification,
the salary of the incumbent of that position shall remain unchanged (Y-rated) in accordance with
the following table:.
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
29.2.2 Y-rating based on the above schedule shallwill be granted for all reclassifications where
employees are working in a job classification with a lower maximum rate of pay resulting from
changes to OC San’s staffing requirements, organizational structure or “bumping” associated with
layoffs. Y-rating shall not apply in cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay. (unless otherwise authorized by the General
Manager).
29.2.3 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range.. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.3 Z-Rating
29.3.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of OC San’s comprehensive Classification Study results implemented effective July 12,
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2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
29.3.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
29.4 Reopener: OC San and OCEA agree to reopen this Agreement to meet and confer regarding the
comparison agencies used for any classification and compensation studies.
ARTICLE 30. - DRIVER'S LICENSE
30.1 Employees who are required by OC San to drive must notify their supervisor and the Human Resources
Risk Management Division immediately upon receipt of any status changes, including but not limited to a
suspension or revocation of their California Driver's License privileges. Failure to do so could result in
disciplinary action up to and including separation.
30.2 If an employee whose license is suspended or revoked and is unable to perform his or her regular duties
and responsibilities notifies OC San 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 OC San management’s discretion.
30.3 OC San will continue to pay the license renewals and physical examination costs of Class A &and B
licenses that are specifically required by OC San.
ARTICLE 31. - LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require OC San to fill vacant, budgeted positions nor to prohibit OC
San from eliminating vacant positions from the budget. OC San reserves the right to reassign staff to
other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if OC San finds it necessary to layoff personnel who
were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.331.2 If, in the sole discretion of OC San management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function, job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever possible.
31.43 Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests must be made in writing to the Human Resources
Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily
demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
31.54 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the
inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a
classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the
top of the list. That individual must respond to the offer within five (5) days, or the offer shall be made to
the next person on the list. An individual who either does not respond or refuses three (3) consecutive
offers shall have their name removed from the list.
31.65 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.
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ARTICLE 32. - LIGHT DUTY
32.1 An employee who is released by a physician to perform limited duties because of a temporary disability
may be assigned to light duty at the discretion of OC San. Light duty may consist of duties other than
those normally performed by the employee and that are within the employee’s medical restrictions. An
employee assigned to light duty will be paid the regular wage rate for the job classification to which he or
she was assigned prior to being temporarily disabled.
ARTICLE 33. - MEDICAL EXAMINATION
33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers
their own health or safety, or that of others, OC San 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 OC San time and at OC San expense. An
employee may submit an independent medical opinion regarding the individual’s condition and addressing
his or her ability to competently perform the duties of the position. This information shall be reviewed and
considered by a competent medical authority in arriving at a decision regarding the individual's continued
employment in the position.
ARTICLE 34. - MILEAGE ALLOWANCE
34.1 Approved use of a personal vehicle for OC San business shall be reimbursed at the current IRS rate.
ARTICLE 35. - ACTING PAY
35.1 Employees who are assigned by OC San management to perform the duties of a position at a higher level
for a period of at least eighty (80) consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater. The higher rate of pay begins
with the hour eighty-one (81), and continues until the assignment ends or the six (6) month limitation has
been reached at which time a determination will be made as to whether the position should or should not
be posted. Requests for acting pay require the approval of the Department Director and the Director of
Human Resources, or designee. The eighty (80) hour eligibility period may be waived at the discretion of
the General Manager.
ARTICLE 36.
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ARTICLE 37. - PERSONNEL FILES
37.1 Employees have the right to inspect their personnel file in the Human Resources Department during the
normal office hours of the Human Resources Department, by appointment. Employees who wish to correct
allegedly erroneous information in their file, or request that items related to disciplinary matters be
removed after the indicated time period has elapsed, should submit a request in writing to the Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, including home address, telephone number and person to contact in an
emergency.
ARTICLE 38. - BULLETIN BOARDS
38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2, which are designated for use by
employee groups to post notices to OC San employees, provided that: (a) no controversial matter which is
critical of or derogatory to OC San, its employees, officers or Directors may be posted; (b) nothing posted
by OC San 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.
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ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1 A maximum of three (3) employees covered by this Agreement and appointed by the OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of OC San permits the time away from assigned work.
ARTICLE 40. - USE OF OC SAN FACILITIES
40.1 OC San facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal
OC San operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. - SCOPE OF BARGAINING
41.1 OC San and the OCEA acknowledge that during the negotiations, which resulted in this Agreement, each
party had the unlimited right and opportunity to make demands and proposals with respect to all proper
subjects within the scope of representation. Therefore, OC San and the OCEA, for the term of this
Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and
each agrees that the other shall not be obligated to bargain collectively with respect to any subject or
matter contained in this Agreement.
ARTICLE 42. - IMPASSE PROCEDURES
42.1 If either OC San or OCEA declares that an impasse exists in the meet and confer process, the party so
declaring may initiate the impasse procedure by providing the other party with a written request for an
impasse meeting, together with a statement of its position on all issues. An impasse meeting shall be
scheduled and held between the parties within fourteen (14) calendar days or as soon as practicable to:
42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding,
and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined
herein.
43.3 Impasse procedures are:
43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other
mutually incurred costs shall be mutually shared by OC San and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to OC San’s
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
Board. The Board may take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse shall be final and binding.
ARTICLE 43. - SEVERABILITY
43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection
of this Agreement shall be declared invalid by any court or by any state or federal law or regulation, or
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8972311.1 OR040-030 8972311.112942305.2 OR040-030 047
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 OC San, OC San and OCEA shall meet and confer on
the affected article, section or subsection. In such event, all other articles, sections or subsections of this
Agreement not affected shall continue in full force and effect.
ARTICLE 44. - UNIFORMS
44.1 OC San shall provide and maintain ten (10) uniform pants and shirts, which may include the name of the
employee and OC San’s seal, at no cost to employees whose duties require that they wear uniforms. OC
San will also provide lab coats as required by the lab managermanagement.
44.2 Employees covered by this agreement shall receive OCEA employees working in divisions designated in
SOP-102 Personal Protective Equipment (PPE) as eligible to receive a safety boot allowance and/or upon
supervisor request shall receive an annual or bi-annual voucher in the amount of $225 at the beginning of
each fiscal year250 as applicable.
44.3 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 OC San management, may be worn when
attending business meetings. Failure to wear required clothing, shoes and safety equipment may be
cause for disciplinary action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
45.1 OC San’s Substance Abuse Policy will apply to all unit members. OC San may adopt or implement rules,
regulations and policies to be in compliance with federal and state laws. In such cases, notification will be
provided to the bargaining unit prior to implementation.
45.2 Department of Transportation (DOT) Regulations
45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is
subject to the commercial driver’s license requirements of the Department of Transportation,
Federal Highway Administration CFR Part 382 is subject to OC San’s Anti-Drug and Alcohol
Program. OC San will ensure that all alcohol or controlled substances testing conducted under
the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part
40.
45.3 OC San’s Substance Abuse Policy
45.3.1 Any employee may be subject to discipline, up to and including termination, for any alcohol screen
test that indicates an alcohol concentration level of 0.02% or greater.
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS
4646.1 New Employee Orientation
46.1.1. OCEA will be allowed up to one half-hour each orientation session to communicate with
OCEA-represented classifications to explain the rights and benefits as set forth in this
Agreement. Human Resources staff will send to the OCEA representative, or designee, a
notice of each new employee orientation session. The notice will be provided at least 10 days
prior to the session, or as soon as practicable, and will include pertinent session details.
46.1.2. OC San will hold new employee orientation sessions on a regular basis or at least on a
quarterly basis, given there are new OCEA-represented classifications. If there are no new
hires in the OCEA-represented classifications for a scheduled session, OC San will notify the
OCEA as soon as possible in advance of the session.
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46.1.3. Human Resources staff will provide the OCEA with an electronic copy of the name, home
address, personal email address, and personal cell phone number of all new OCEA-
represented employees within 30 days of hire.
46.1.4. Human Resources staff will provide the OCEA with an electronic copy of the name, home
address, personal email address, and personal cell phone number of all OCEA-represented
employees at least every 120 days.
46.2 Dues Deductions
46.2.1 OC San shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees
and assessments for each employee who voluntarily authorizes such deduction in writing.
Such authorizations must be filed by the end of the pay period prior to the period for which the
deduction is requested.
46.2.2 OC San shall provide the OCEA a quarterly list of the names of those employees for whom it
has made deductions. In addition, OC San shall provide the names and addresses of new
employees and the names of employees who have terminated within the previous quarter.
46.2.3 OCEA shall indemnify, defend and hold the OC San harmless against any liability from any
claims, demands, or other action related to OC San’s deduction of Union Dues, including
claims related to the Union’s use of monies collected under these provisions.
ARTICLE 47.
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ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
48.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are
in progress or recommendations resulting from such procedures are being considered by the parties, OC
San agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither
advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whole or in part from the full, faithful and proper performance of their
duties of employment.
ARTICLE 49.
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ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1 OC San’s Workplace Violence and Weapons Policy will applyand Workplace Violence Prevention &
Security SOP applies to all unit members.
ARTICLE 51. - RESIGNATION
51.1 Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written
notice prior to leaving. OC San may accept in writing any verbal or written resignation at any time and
deem such resignation irrevocable. Voluntary written termination of employment with OC San is
automatically deemed irrevocable after seventy-two (72) hours from the receipt of the resignation, except
by approval of the Director of Human Resources, or designee
ARTICLE 52.
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ARTICLE 53. - LABOR MANAGEMENT COMMITTEE
53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District (OC San)
hereby agree to meet within two (2) months from the OC San Board approval of this MOU to discuss the
structure and process of a Labor Management Committee at OC San. Absent mutual agreement regarding
the structure and process of a Labor Management Committee, the parties will defer discussions to the time
when a successor MOU is raisedhave established a Labor Management Committee; the Committee
convenes on an as-needed basis.
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SIGNATURE PAGE
2022 – 2025 – 2028
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
Executed: ________________________________
OCEA TECHNICAL SERVICES UNIT
ORANGE COUNTY SANITATION OC
SANDISTRICT
Danielle ChauAlisha Greene, Labor
Representative
Laura Drottz Kalty, Lead Negotiator
Alisha Greene, Labor Representative
Veronica Rodarte, Operations Manager
Celia ChandlerLaura Maravilla, Director of
Human Resources
Jose Juan Ambriz, Environmental Technician
Carlos Rosales, Lead Organizer
Laura MaravillaThys DeVries, Human
Resources & Risk Manager
Bobby Martinez, Materials Management Clerk Janine Aguilar, Human Resources Supervisor
Christiana Richardson, Administrative
Assistant
Andrew Nau, Human Resources Supervisor
Thys DeVries, Principal Human Resources
Analyst
OCEA – Technical Services MOU July 1, 20225 to June 30, 20258
Page 29
8972311.1 OR040-030 8972311.112942305.2 OR040-030 047
Mickey Whitney, Senior Construction Inspector Stephanie Barron, SeniorPrincipal Human
Resources Analyst
Dana Andrews, Senior Construction Inspector
Dennis Dilliner, Lead Source Control Inspector
David Mallonee, Environmental Technician
Exhibit A
TECHNICAL SERVICES UNIT
Pay
Effective Effective Effective
111-Jul-2225 1410-Jul-2326 129-Jul-2427
Classification Grade MIN MAX MIN MAX MIN MAX
Lead Source Control Inspector 77 $53.32
59.97
$64.817
2.90 $55.45
62.67
$67.40
76.18
$57.39
64.55
$69.767
8.47
Data Management Technician II 75 $50.72
57.06
$61.686
9.39 $52.75
59.63
$64.15
72.51
$54.60
61.42
$66.407
4.69
Source Control Inspector II 73 $48.28
54.31
$58.696
6.02 $50.21
56.75
$61.04
68.99
$51.97
58.45
$63.187
1.06
Data Management Technician I 71 $45.94
51.68
$55.846
2.80 $47.78
54.01
$58.07
65.63
$49.45
55.63
$67.60.
10
Source Control Inspector I 69 $43.75
49.21
$53.205
9.85 $45.50
51.42
$55.33
62.54
$47.09
52.96
$57.276
4.42
Information Technology
Technician 65 $39.64
44.59
$48.165
4.17 $41.23
46.60
$50.09
56.61
$42.67
48.00
$51.845
8.31
Environmental Technician 61 $35.90
40.39
$43.654
9.10 $37.34
42.21
$45.40
51.31
$38.65
43.48
$46.995
2.85
8972312.1 OR040-030 8972312.112942305.2 OR040-030 047
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
July 1, 20225 through June 30, 20258
OCEA – Engineering MOU July 1, 20225 to June 30, 20258
Page i
8972312.1 OR040-030 8972312.1 OR040-030
8972312.1 OR040-030 12942305.2 OR040-047
TABLE OF CONTENTS
ARTICLE 1. - RECOGNITION ................................................................................................................................. 1
ARTICLE 2. - DURATION ....................................................................................................................................... 1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1
ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1
ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2
ARTICLE 6. – OC SAN RIGHTS ............................................................................................................................. 2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2
ARTICLE 9. - SAFETY ............................................................................................................................................ 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL ...................................................................................................... 3
ARTICLE 11. - GRIEVANCE PROCEDURE ........................................................................................................... 4
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ............................................................................................. 5
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ...................................................................... 6
ARTICLE 14. - SEVERANCE PAY ......................................................................................................................... 7
ARTICLE 15. - DEFERRED COMPENSATION ...................................................................................................... 7
ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7
ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 8
ARTICLE 18. - CALL-BACK PAY .......................................................................................................................... 8
ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9
ARTICLE 20. - INSURANCE ................................................................................................................................... 9
20.3 MEDICAL INSURANCE .............................................................................................................................. 9
20.4 LIFE INSURANCE ..................................................................................................................................... 9
20.5 SHORT TERM DISABILITY ........................................................................................................................ 9
20.6 LONG TERM DISABILITY .......................................................................................................................... 9
20.7 DENTAL INSURANCE ............................................................................................................................... 10
20.8 VISION INSURANCE ................................................................................................................................. 10
20.9 RETIRING EMPLOYEES ............................................................................................................................ 10
ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 10
21.2 GROUP INSURANCE PREMIUMS .................................................................................................. 10
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ................................................................................. 10
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT ................................................................................... 11
ARTICLE 22. - OVERTIME ................................................................................................................................... 11
ARTICLE 23. - PROBATIONARY PERIOD .......................................................................................................... 11
ARTICLE 24. - PROMOTIONS.............................................................................................................................. 11
ARTICLE 25. - RETIREMENT ............................................................................................................................... 12
ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 12
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 12
27.1 VACATION LEAVE .................................................................................................................... 12
27.2 SICK LEAVE ........................................................................................................................... 13
27.3 JURY DUTY LEAVE .................................................................................................................. 14
27.4 WITNESS LEAVE ..................................................................................................................... 15
27.5 MILITARY LEAVE ..................................................................................................................... 15
27.6 BEREAVEMENT LEAVE .............................................................................................................. 15
27.7 SUPPLEMENTAL LEAVE ............................................................................................................. 15
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY ....................................................................................... 16
28.3 SUBSTITUTION OF PAID LEAVE ................................................................................................... 16
28.4 PERMISSIBLE USES ................................................................................................................. 17
28.5 GENERAL LEAVE ..................................................................................................................... 18
28.6 RETURN TO WORK POLICY ........................................................................................................ 18
28.7 COMPLIANCE WITH LAW ............................................................................................................ 19
ARTICLE 29. - CLASSIFICATION STUDIES ....................................................................................................... 19
ARTICLE 30. - DRIVER'S LICENSE ..................................................................................................................... 20
ARTICLE 31. - LAYOFF PROCEDURE ................................................................................................................ 20
ARTICLE 32. - LIGHT DUTY................................................................................................................................. 21
ARTICLE 33. - MEDICAL EXAMINATION ........................................................................................................... 21
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ARTICLE 34. - MILEAGE ALLOWANCE ............................................................................................................. 21
ARTICLE 35. - ACTING PAY ................................................................................................................................ 21
ARTICLE 36........................................................................................................................................................... 21
ARTICLE 37. - PERSONNEL FILES .................................................................................................................... 21
ARTICLE 38. - BULLETIN BOARDS .................................................................................................................... 22
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................... 22
ARTICLE 40. - USE OF OC SAN FACILITIES ..................................................................................................... 22
ARTICLE 41. - SCOPE OF BARGAINING ........................................................................................................... 22
ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 22
ARTICLE 43. - SEVERABILITY ............................................................................................................................ 23
ARTICLE 44. - UNIFORMS ................................................................................................................................... 23
ARTICLE 45. - SUBSTANCE ABUSE POLICY .................................................................................................... 23
ARTICLE 46. - DUES DEDUCTIONS ................................................................................................................... 23
ARTICLE 47........................................................................................................................................................... 24
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 24
ARTICLE 49........................................................................................................................................................... 24
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 24
ARTICLE 51. - RESIGNATION ............................................................................................................................. 24
ARTICLE 52........................................................................................................................................................... 24
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………24
SIGNATURE PAGE ............................................................................................................................................... 25
EXHIBIT A ............................................................................................................................................................. 26
ARTICLE 1. - RECOGNITION ................................................................................................................................. 1
ARTICLE 2. - DURATION ....................................................................................................................................... 1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1
ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1
ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2
ARTICLE 6. – OC SAN RIGHTS ............................................................................................................................. 2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2
ARTICLE 9. - SAFETY ............................................................................................................................................ 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL ...................................................................................................... 3
ARTICLE 11. - GRIEVANCE PROCEDURE ........................................................................................................... 4
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ............................................................................................. 5
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ...................................................................... 6
ARTICLE 14. - SEVERANCE PAY ......................................................................................................................... 7
ARTICLE 15. - DEFERRED COMPENSATION ...................................................................................................... 7
ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7
ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 8
ARTICLE 18. - CALL-BACK PAY ........................................................................................................................ 98
ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9
ARTICLE 20. - INSURANCE ................................................................................................................................... 9
20.3 MEDICAL INSURANCE .............................................................................................................................. 9
20.4 LIFE INSURANCE ..................................................................................................................................... 10
20.5 SHORT TERM DISABILITY ........................................................................................................................ 10
20.6 LONG TERM DISABILITY .......................................................................................................................... 10
20.7 DENTAL INSURANCE ............................................................................................................................... 10
20.8 VISION INSURANCE ................................................................................................................................. 10
20.9 RETIRING EMPLOYEES ............................................................................................................................ 10
ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 11
21.2 GROUP INSURANCE PREMIUMS .................................................................................................. 11
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ................................................................................. 11
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT ................................................................................... 11
ARTICLE 22. - OVERTIME ................................................................................................................................... 11
ARTICLE 23. - PROBATIONARY PERIOD ...................................................................................................... 1211
ARTICLE 24. - PROMOTIONS.............................................................................................................................. 12
ARTICLE 25. - RETIREMENT ........................................................................................................................... 1312
ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 13
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 13
27.1 VACATION LEAVE .................................................................................................................... 13
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27.2 SICK LEAVE ........................................................................................................................... 14
27.3 JURY DUTY LEAVE .................................................................................................................. 15
27.4 WITNESS
LEAVE ......................................................................................................................................... 16
15
27.5 MILITARY LEAVE ..................................................................................................................... 16
27.6 BEREAVEMENT LEAVE .............................................................................................................. 16
27.7 SUPPLEMENTAL LEAVE ............................................................................................................. 16
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY ....................................................................................... 17
28.3 SUBSTITUTION OF PAID LEAVE ................................................................................................... 17
28.4 PERMISSIBLE
USES .......................................................................................................................................... 18
17
28.5 GENERAL LEAVE ..................................................................................................................... 19
28.6 RETURN TO WORK POLICY ........................................................................................................ 19
28.7 COMPLIANCE WITH LAW ............................................................................................................ 20
ARTICLE 29. - CLASSIFICATION STUDIES ....................................................................................................... 20
ARTICLE 30. - DRIVER'S LICENSE ................................................................................................................. 2120
ARTICLE 31. - LAYOFF PROCEDURE ................................................................................................................ 21
ARTICLE 32. - LIGHT DUTY............................................................................................................................. 2221
ARTICLE 33. - MEDICAL EXAMINATION ....................................................................................................... 2221
ARTICLE 34. - MILEAGE ALLOWANCE ............................................................................................................. 22
ARTICLE 35. - ACTING PAY ................................................................................................................................ 22
ARTICLE 36........................................................................................................................................................... 22
ARTICLE 37. - PERSONNEL FILES .................................................................................................................... 22
ARTICLE 38. - BULLETIN BOARDS ................................................................................................................ 2322
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ....................................................... 2322
ARTICLE 40. - USE OF OC SAN FACILITIES ................................................................................................. 2322
ARTICLE 41. - SCOPE OF BARGAINING ........................................................................................................... 23
ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 23
ARTICLE 43. - SEVERABILITY ........................................................................................................................ 2423
ARTICLE 44. - UNIFORMS ............................................................................................................................... 2423
ARTICLE 45. - SUBSTANCE ABUSE POLICY .................................................................................................... 24
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS .................................................. 24
ARTICLE 47........................................................................................................................................................... 25
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 25
ARTICLE 49........................................................................................................................................................... 25
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 25
ARTICLE 51. - RESIGNATION ............................................................................................................................. 25
ARTICLE 52........................................................................................................................................................... 25
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………25
SIGNATURE PAGE ............................................................................................................................................... 26
EXHIBIT A ............................................................................................................................................................. 27
OCEA –Engineering MOU July 1, 20225 to June 30, 20258
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OCEA – Engineering MOU July 1, 20225 to June 30, 20258
Page 1
8972312.1 OR040-030 8972312.1 OR040-030
8972312.1 OR040-030 12942305.2 OR040-047
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, et seq., and Resolution No. OC
San 23-09, as Resolution No. OCSD 18-18 has been repealed, of the Orange County Sanitation District’s (OC San)
Board of Directors, OC San's authorized representative has met and conferred in good faith with representatives of
the Orange County Employees Association (OCEA) for the Engineering Unit. These meetings have resulted in an
agreement and understanding to recommend that the employees represented by OCEA accept these terms and
conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages, hours, and
conditions of employment for the employees represented by OCEA as set forth in this Agreement.
ARTICLE 1. - RECOGNITION
1.1 This Agreement, effective July 1, 20225, is entered into between the Orange County Sanitation OC San,
referred to hereinafter as the “OC San,” and the Orange County Employees Association, referred to
hereinafter as “OCEA.”
1.2 OC San 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 OC San.
ARTICLE 2. - DURATION
2.1 This Agreement shall be binding on OC San and OCEA when approved and adopted by OC San’s Board
of Directors. This Agreement shall terminate on June 30, 20258. Any issue regarding the question of
exclusive representation of a recognized employee organization shall be brought pursuant to the
Employer-Employee Relations Resolution (EERR), Resolution No. OC San 23-09, as Resolution No.
OCSD 18-18 has been repealed.
ARTICLE 3. - SUCCESSOR AGREEMENT
3.1 The GroupOCEA shall submit in writing its initial proposal for a successor agreement 60 days prior to the
expiration date of this Agreement.
ARTICLE 4. - OCEA ACCESS
4.1 An OCEA Representative shall have access to OC San’s facilities during working hours for the purpose of
assisting Unit employees in processing grievances or investigating matters arising out of the application of
provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of Human Resources, or
designee, of any changes in that list.
4.3 OCEA access shall not interfere with OC San’s operations, or with the work of employees in any manner.
OC San reserves the right to restrict access in certain areas designated as confidential or secure.
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ARTICLE 5. - OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
selected as representatives and shall update the list as necessary. An alternate representative may be
designated to act in the absence of the regular representative. Employees not listed on the roster of
representatives provided to OC San by the OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither OC San 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. – OC SAN RIGHTS
6.1 OC San inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or
administrative character are reserved to OC San in its exercise of management decision-making, except
as specifically modified by the express provisions of this Memorandum. OC San rights include, but are not
limited to, the exclusive right to consider the merits, necessity or organization of any service or activity
provided by law, or administrative order; determine the mission of its constituent departments,
commissions and boards; set standards of service, determine the procedures and standards of selection
for employment and promotion; establish and implement performance standards; direct its employees;
take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of
funds; maintain the efficiency of OC San operations; determine the methods, means and personnel by
which OC San operations are to be conducted; determine the content of job classifications; classify and
reclassify positions; take all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of performing its work.
6.2 OC San retains all authority and rights conferred on it by law, or other legal sources, except to the extent
that such authority is explicitly waived by the express terms of this agreement. OC San exercise of its
management rights hereunder shall not be subject to appeal or meeting and conferring, however, that the
exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical
consequences or impacts that OC San decisions have on wages, hours, and other terms and conditions of
employment.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard
to actual or perceived race, color, religion, national origin, ancestry, sex, gender, gender identity, gender
expression, sexual orientation, age, physical or mental disability, medical condition, genetic information,
marital status, or military or veteran status, reproductive health decision making or any other lawfully
protected class. To the extent required by law or by OC San’s rules or regulations, this provision of the
Agreement shall be applied to all members of the unit without regard to any protected classification.
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
8.1 OC San 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 OC San employees and their families, smoking and the use of tobacco
(cigarettes, cigars, e-cigarettes [“vaping”] and related tobacco products and technologies) is not
acceptable within OC San facilities, and may occur only in areas posted for smoking.
ARTICLE 9. - SAFETY
9.1 It is the duty of OC San to provide and maintain a safe place of employment. OCEA shall cooperate by
encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the
duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be
alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements
OCEA –Engineering MOU July 1, 20225 to June 30, 20258
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8972312.1 OR040-030 8972312.1 OR040-0308972312.1 OR040-030 12942305.2 OR040-047
of OC San, and to report any unsafe practices or conditions to their immediate supervisors. An employee
shall not be required to perform work that is unsafe.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any
employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay,
demotion to a classification with a lower maximum rate of pay or dismissal.
10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by OC
San for just cause.
10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a
suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or
dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail
sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail, which shall be the date of issuance.
10.5 The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the
effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials
upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or
in writing to the person initially imposing the discipline or to a OC San management representative with
authority to make an effective recommendation on the proposed action, the person to whom any response
must be directed, and the fact that such response must be received within ten (10) business days of the
date of issuance of the notice. The Notice shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity
to respond either verbally or in writing to a management representative with authority to make an effective
recommendation on the proposed action. After review of an employee's response, OC San 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, OC San may reduce discipline without further notice.
Further clarification of the disciplinary policies and procedures are covered in OC San’s Personnel Policies
& Procedures Manual.
10.7 Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the
employee knows or reasonably should have known that the performance or conduct was unsatisfactory.
Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being
under the influence of drugs or alcohol, theft or misappropriation of OC San property or funds, fighting on
the job, insubordination, acts endangering people or property, “no call/no show” or other serious
misconduct. OC San may substitute documented suspensions without pay for written reprimands.
10.7.1 Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled
shall be considered "no call/no show" and shall be subject to discipline, up to and including
termination. Employees who fail to provide any notice to their supervisor and fail to report to work
for three (3) or more consecutive days will be considered to have abandoned their job and shall be
subject to discipline up to and including termination.
10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-
disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee,
within ten (10) business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a
hearing officer selected by the General Manager. The hearing officer may not be an employee of OC San.
The hearing officer will provide a written, advisory decision to the General Manager. The General
OCEA –Engineering MOU July 1, 20225 to June 30, 20258
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Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager shall be final.
10.9 Disciplinary actions will be recorded in employee performance reviews. Disciplinary action documentation,
except verbal reprimand documentation, shall be placed in an employee's personnel file in the Human
Resources Department. Verbal reprimand documentation will be kept in the supervisor’s employee files.
Documentation regarding verbal and written reprimands may be removed from a supervisor’s employee
file and/or an employee’s personnel file twenty-four (24) months subsequent to the date of issuance,
provided that there has been no recurrence of a similar incident during the period. If the Director of
Human Resources, or designee, agrees to remove disciplinary action documentation from an employee’s
personnel file, such documentation shall be retained in a separate file by the Human Resources
Department for the purpose of showing that progressive discipline has been followed or in support of OC
San’s proposed discipline.
10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance
deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable
accommodation) shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except
that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed
under this Grievance Procedure.
11.2 A grievance may be brought to the attention of OC San by an individual employee within the Unit or by the
OCEA. OC San may not bring a grievance through this procedure. Grievances brought by two (2) or more
employees, and concerning the same incident, issue, or course of conduct, or multiple grievances brought
by the same employee may, upon mutual agreement of OC San and the OCEA, be consolidated for the
purposes of this procedure.
11.3 Employees are encouraged prior to bringing forward a formal grievance, to discuss the issue with the
Director of Human Resources, or designee, in an effort to bring about an informal resolution.
11.4 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. OC San shall provide a
copy of all written grievance settlements to the OCEA. Any reference to days in this article implies
business days.
11.4.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within ten (10) days of the occurrence of the event giving rise to the complaint, or within
ten (10) days from the time that the employee became aware of such event. The supervisor, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within ten (10) days.
11.4.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, or designee, with a copy provided to the Director of Human Resources or
designee. This request for formal review must be presented on a form provided by OC San within
ten (10) days of the conclusion of Step 1. The written grievance must:
11.4.2.1 Identify the specific management act to be reviewed;
11.4.2.2 Specify how the employee was adversely affected;
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11.4.2.3 List the specific provisions of the MOU that were allegedly violated and state how
they were violated;
11.4.2.4 Specify the remedy requested; and
11.4.2.5 Provide the date of attempts at informal resolution and the name of the supervisor or
individual involved.
11.4.2.13 The Division Manager, or designee, shall respond in writing to the employee within ten (10)
days after the date the grievance is received.
11.4.34 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee’s
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by OC San within five (5) days of the conclusion of Step 1
or 2, and must contain the information specified in Step 2 above. A copy of each written
communication on a grievance will be filed with the Director of Human Resources, or designee.
The employee’s Department Director, or designee, shall respond in writing to the employee within
ten (10) days after the date the grievance is received.
11.4.45 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five (5) days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.4.56 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five (5) days from the date the Step 4 finding was issued. The General Manager,
or designee, shall respond in writing to the employee within ten (10) days after the date of the
grievance is received. The decision of the General Manager is final.
11.5 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 OC San operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.5.16 Failure of a management representative to respond within the appropriate time limit shall provide a basis
for the employee appealing to the next step. If a grievance is not presented or appealed within the time
limits, it shall be considered resolved on the basis of the preceding response. The Director of Human
Resources, or designee, may be petitioned in writing to waive the step or time requirements provided
sufficient cause exists.
11.5.27 Resolution may be agreed upon at any stage of the grievance process. However, the OCEA shall be
notified prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
12.1 Employees may bring problems to the attention of OC San managers through the Problem Solving
Procedure. This Procedure was developed to encourage and facilitate the resolution of employee
concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be
subjected to the Grievance Procedure. Any reference to days in this article implies business days.
12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon
as possible. The supervisor shall review the situation or decision, and provide a written response within
five days from the date they were notified of the problem.
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12.3 If the problem is not resolved to the employee's satisfaction, the employee may file a written statement
concerning the problem with the Director of Human Resources, or designee, within ten (10) days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten (10) days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
13.1 Each pay grade is divided into five (5) steps, with an approximate 5.0% difference between each step.
13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of
implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective
after the date of implementation.
13.3 Merit Pay
13.3.1 Step Increase Pay – Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
13.3.1.1 Eligible - Employees must have a proficient year-end performance appraisal to receive a
one (1) step base-building salary increase until earning placement at step five (5).
13.3.1.2 Ineligible - Employees who are placed on a Performance Improvement Plan (PIP) due to
a needs improvement performance review on the year-end appraisal or who are on a PIP
at the time of the year-end appraisal period will remain at their current step until the PIP
is satisfactorily completed.
13.3.1.3 Performance Management Program: The performance management program includes
three (3) rating categories (exceeds, proficient, needs improvement) for performance
appraisals.
13.3.2 Development Pay – Employees under this Agreement will be eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum
amount each pay period. Employees must have a proficient year-end performance appraisal to be
eligible for the following Development Pay types:
Education – Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive $20.76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at $41.53 per pay period. Effective the first full pay period in
July 2025, eligible employees who obtain or who have obtained a degree of approved subjects
at an accredited college or university will receive $25.00 per pay period for an associate
degree and $50.00 per pay period for an undergraduate degree. The maximum amount of
Education pay is fixed at $50.00 per pay period.
Certification/License – Eligible employees who obtain or who have obtained an OC San
approved certification or license will receive $15.24 per pay period per certificate or license
with a maximum of three (3) certificates and/or licenses. The maximum amount of
certification/license pay for any combination of certificates and/or licenses is fixed at $45.72
per pay period.
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at $87.25 per pay period. Effective the first full pay period in July 2025, the
overall maximum Development Pay for education, certification and/or licenses is fixed
at $95.72 per pay period.
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13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review
on the year-end performance appraisal are not eligible for Development Pay until the
PIP is satisfactorily completed.
13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13.4 Salary Range Adjustments
13.4.1 Effective the first pay period in July 20225, employees under this Agreement will receive salary
range adjustments at a flat rate of 4.5%.
13.4.2 Effective the first pay period in July 20236, employees under this Agreement will receive salary
range adjustments at a flat rate of 4.05%.
13.4.3 Effective the first pay period in July 20247, employees under this Agreement will receive salary
range adjustments at a flat rate of 3.50%.
13.5 One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first
full pay period in July 2022 will receive a $1,500 one-time payment.
ARTICLE 14. - SEVERANCE PAY
14.1 Except for disciplinary cause or release from probation, when a full-time employee is terminated by action
of OC San, the employee shall be notified in writing two (2) weeks prior to the effective separation date. In
the event OC San does not give such notification, the employee shall be entitled to severance pay in
accordance with the formula set forth below:
14.1.1 Full-time, regular employees shall be entitled to eight (8) hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2 Employees in limited term or part-time positions, probationary employees and employees who are
separated for cause, are not eligible for severance pay under any circumstances.
ARTICLE 15. - DEFERRED COMPENSATION
15.1 Employees may participate in OC San’s approved deferred compensation plan subject to IRS
requirements, and in accordance with all guidelines for voluntary participation established by OC San
management.
15.2 Effective the first full pay period in July 2022, employees15.2 Employees covered by OCERS Plans B and
U and who participate in the deferred compensation plan, are eligible to receive up to a $160 per month
matching OC San contribution. Effective the first full pay period in July 2025, employees covered by
OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to
$362 per month matching OC San contribution.
ARTICLE 16. - HOLIDAYS
16.1 The days listed below are observed by OC San as holidays. Employees will receive holiday pay if their
entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status,
meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts. When an
employee's work schedule requires that they work on an observed holiday, the employee will be paid at
the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and
one half (1.5) times their regular hourly rate for all hours actually worked. Employees may also elect to
receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay if
requested by December 31 of the prior year on the Holiday Comp Cashout Form. When a holiday occurs
on an employee's regular scheduled day off, the employee will accrue compensatory time off for the
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amount of hours normally scheduled for that day. Employees with a compensatory time off balance in
excess of fifty (50) hours as of the last pay period ending in October will receive a mandatory payout for
the hours that exceed fifty (50).
HOLIDAYS
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday** (refer to
Section 16.2)
16.2 Employees will be granted "Floating Holiday" hours equal to and no less than one (1) regular workday
during each calendar year. Floating Holiday hours may be utilized in one quarter (.25) hour increments.
New employees shall be granted a “Floating Holiday” on a pro rata basis in the first calendar year of
service per the following table:
Hire Date Percent
1st Quarter (January-March) 100%
2nd Quarter (April-June) 75%
3rd Quarter (July-September) 50%
4th Quarter (October-December) 0%
16.3 Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject to
cash out or eligible for any mandatory payout regardless of reason. Every effort will be made to approve
an employee's request for a "Floating Holiday" off providing sufficient notice is given.
ARTICLE 17. – HOURS OF WORK
17.1 For record keeping and accounting purposes, the “workweek” for full-time employees is 40 hours per 168-
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour
days each workweek (10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-
hour day each workweek (7/80). The starting and ending times of individual employees’ workweeks may
vary.
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17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 OC San may, at its sole discretion, change an employee’s work schedule with thirty (30) days written
notice to the affected employee.
17.4 OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy.
ARTICLE 18. - CALL-BACK PAY
18.1 When an employee is called back to work by OC San management without prior notice, and the employee
has completed his or her normal work shift and left the work station, orsite, when prior notice is given but
the work begins on the same day at least three (3) hours after completion of the regular shift: or when an
employee assigned to standby is actually called to work, the employee shall receive a minimum of three
(3) hours of call back pay. The three hours(3) hour 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.
18.2 The call back period shall begin when the standby employee has been informed by OC San to return to
work. The call back period shall end when either the employee arrives at his or her residence or the
original destination; in either case, the employee shall inform OC San upon arrival.
18.3. If the call back period has ended and the employee is called back to work (whether within or outside of the
3-hour minimum timeframe), a new call back period will be started and the employee will be eligible for at
least the 3-hour minimum call back pay.
18.4. If the call back period has not ended and the employee is called back to work (whether within or outside of
the 3-hour minimum timeframe), the call back period and associated pay will continue but the employee
will not be eligible for another 3-hour minimum call back pay.
18.5. Call back pay is applied per call back and not per work assignment or work order.
18.6. Call back work performed by employees on standby assignments is intended for activities that are
imperative and not routine in nature.
ARTICLE 19. - STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, OC San 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 five hundred (500) dollars per
week, and shall receive Call Back pay when they are actually called to work. Effective the first full pay
period in July 2025, an employee placed on standby shall be compensated at the rate of six hundred (600)
dollars per week.
ARTICLE 20. – INSURANCE
20.1 OC San will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period shall be held annually.
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20.3 Medical Insurance
20.3.1 OC San will provide medical health insurance coverage through a Health Maintenance
Organization (HMO) medical insurance plan and a Preferred Provider Organization (PPO) medical
insurance plan.
20.3.2 Regular, full-time employees:
20.3.2.1 OC San shall contribute 90% of employee only premiums for the HMO medical
health plan and 80% of employee only premiums for the PPO medical health plan.
OC San will contribute 80% of the employee +1 dependent and full family premiums
for the HMO and PPO medical plans. Any change in insurance rates shall be shared
equally in same ratio as OC San and employees currently pay premiums. Before
the renewal of any OC San’s sponsored health insurance plan, the parties agree to
meet and confer as to changes in the plan.
20.3.3 OC San may reopen negotiations at any time during the term of the MOU to address the impact of
the Affordable Care Act (ACA), provided that no change may be made by OC San unless such
change is either (1) mandated by the ACA, or (2) mutually agreed upon by the parties.
20.4 Group Insurance Premiums
20.4.1 Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
20.5 Life Insurance
20.5.1 OC San shall pay up to the full premium for $50,000 term life insurance on each employee
according to the plan terms, which provide for reductions at specific ages.
20.56 Short Term Disability
20.6.1 OC San shall provide a non-work related, short-term disability indemnity plan that provides
benefits for employees equal to California’s State Disability Insurance (SDI) program for up to
twenty-six (26) weeks following a fourteen (14) calendar day waiting period.
20.67 Long Term Disability
20.67.1 OC San shall provide a non-work related, long-term disability indemnity plan that pays two-
thirds of the employee's rate of pay in effect at the time of such disability, not to exceed
$5,000 per month, up to age 65, following a 90-day waiting period of continuous disability, at
such time that an employee completes five (5) years of service.
20.67.2 For participants age 64 and younger, the maximum period of payment is based on the Social
Security Act retirement age of 65. For participants age 65 and older, the maximum period of
payment is specified. The specified periods and additional information about coverage is
included in OC San’s long-term disability plan contract accession on the intranet.
20.67.3 No combination of disability or sick leave pay shall result in more than an employee's regular
rate of pay. Employees may not receive short-term and long-term disability benefits at the
same time. An employee who is otherwise not eligible for OC San paid Long Term Disability
may purchase such coverage at his or her own expense.
20.78 Dental Insurance
20.8.1 OC San will contribute 80% of employee only and 80% of full family premiums for dental
insurance.
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20.89 Vision Insurance
20.9.1 OC San shall provide a vision insurance plan for regular, full-time employees and eligible
dependents.
20.910 Retiring Employees
20.9.1 OC San shall pay, for employees hired prior to July 1, 1988, two and one-half (2.5) months'
premium for each year of continuous service of a retiring employee towards the premium
costs of coverage for the employee and eligible dependents under OC San’s medical plan.
20.9.2 In the event OC San adds additional optional insurance plans, OC San's share of the premium
shall be the same as for existing plans as set forth above. In the event OC San changes
underwriters for existing insurance plans, OC San’s share of the premium shall be the same
as for existing insurance plans as set forth above.
20.9.320.10.1 OC San will continue to implement the retiree medical health premium offset program
wherein the cost of health premiums are offset by $10 per month for every full year of
continuous service up to a maximum of 25 years or $250 per month. Employees hired on or
after August 1, 2011 shall not be eligible for the retiree medical health premium offset.
20.9.410.2 Continuous service is calculated based on benefitted employment. Time as an intern or in
non-benefited status shall not count toward continuous service.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
21.1 Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion
of the cost of benefits under the Plan through salary redirection arrangements. The options available
under the flexible benefits program are listed below. This is a brief overview of the different options. For
complete information regarding Flexible Spending Accounts, employees must refer to the plan booklet
available in the Human Resources Department.
21.2 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
21.2.1 The purpose of this account is to provide a method through which the employee can
accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of
reimbursing himself or herself for payment of health care costs not otherwise covered by his or
her medical insurance.
21.43 Dependent Care Assistance Account
21.3.1 The purpose of this account is to provide a method through which the employee can
accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of
reimbursing himself or herself for childcare expenses or day care for a disabled dependent.
ARTICLE 22. - OVERTIME
22.1 Employees shall be notified as soon as practicable after OC San decides upon the need for overtime or
additional work. OC San may require the performance of overtime. In the event no qualified employee
wishes to work overtime, OC San’s management may select employees with the ability to perform the
work by inverse seniority. OC San managers shall attempt to evenly distribute overtime among employees
based upon an employee's ability to perform the overtime work.
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22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty (40) hours in a
seven (7) day workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at
least the first day of the pay period following one year of employment without a break in service. Extended
absence without pay, short-term and long-term disability and Workers' Compensation leave does not
provide an opportunity to judge an employees' capability to meet performance expectations for a position,
and thus the time spent on such leaves shall not be included towards completion of the probationary
period and may result in an extension.
23.2 Employees who are rehired following a break in service must complete a new probationary period whether
or not one was previously completed.
23.3 New employees serving their initial probationary period shall be eligible for Development Pay and/or
certification/license reimbursement the first day of the pay period following six months of employment
without a break in service.
23.4 An employee may be released during his or her initial probationary period at the discretion of OC San
without recourse to the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at-will” during
his/her initial probationary period). Employees within the initial probationary period do not have any
property rights in their job during probation and may be separated with or without cause.
23.5 Employees who are reassigned or, laterally transferred or have a voluntary job change will serve a
probationary period of six months. The “probationary period” shall not divest an employee of his/her
property rights in his/her former position. Rejection of probation during this period shall result in the
employee reverting to his/her former assignment and/or position.
ARTICLE 24. - PROMOTIONS
24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of
pay. OC San will determine whether a vacant position shall be filled as an openexternal or promotional
opportunity orinternal recruitment. Whenever OC San intends to fill a position by promotion, OC San shall
post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of
posting. Notices shall be posted on OC San’s intranet.
24.2 A promoted employee shall serve a promotional probationary period lastingthat extends to at least until the
first day of the pay period following twenty-six months after(26) weeks of employment without a break in
service, beginning with the effective date of the promotion. OC San may extend an employee’s
promotional probationary period for the length of any period during which an employee is on an extended
leave of absence during the probationary period.
24.3 At any time during the promotional probationary period, an employee may be returned to his or her
previous position. or an equivalent position. The promotional probation period may be extended by mutual
agreement between the employee and OC San’sOC San management for up to ninety (90) days.
24.4 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 months(26) weeks after the effective date of the
promotion.
24.324.4.1 For those employees promoted during the pendency of their initial probationary period, such
period shall run concurrently with the promotional probationary period and shall apply over the
promotional probationary period while it remains in effect. Should the initial probationary period
end before the promotional probationary period, the promoted employee shall remain on the
promotional probationary period for the remaining period until at least the first day of the pay
period following twenty-six (26) weeks of employment without a break in service.
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24.5 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the
range for the new classification or the minimum rate of the new classification whichever is greater.
ARTICLE 25. - RETIREMENT
25.1 OC San shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and OC San.
25.1.1 Employees hired on or after September 21, 1979 and before August 1, 2011: OC San will continue
to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan H) based on the highest
consecutive thirty-six (36) months average earnings, past and future service.
25.1.1.1 OC San will continue to pay 3.5% of an eligible employee’s base salary toward the
employee’s contributions to OCERS.
25.1.2 Employees hired on or after August 1, 2011 and before January 1, 2013: OC San will contract with
OCERS to provide the 1.667% @ 57.5 benefit formula (Plan B) based on the highest consecutive
thirty-six (36) months average earnings, past and future service.
25.1.2.1 OC San will pay 0% of an eligible employee’s base salary towards the employee’s
contribution to OCERS.
25.1.3 Employees hired on or after January 1, 2013: OC San will contract with OCERS to provide the
2.5% @ 67 benefit formula (Plan U - PEPRA) based on the highest consecutive thirty-six (36)
months average earnings, past and future service.
25.1.3.1 OC San will pay 0% of an eligible employee’s base salary towards the employee’s
contribution to OCERS.
25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
ARTICLE 26. - SHIFT DIFFERENTIAL
26.1 Employees who are regularly assigned to work a night shift that consists of 50% or more of their hours
between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall receive a shift differential of $2.50
per hour for each hour worked between 6:00 p.m. and 6:00 a.m.
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY
27.1 Vacation Leave
27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with
the first day of employment, in accordance with the following schedule:
Years of Service
Hours-Biweekly
Hours-Annual
In years 0 through 14 3.08 80
In years 2 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 5.85 152
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In year 15 6.16 160
In year 16 6.46 168
In year 17 6.77 176
In year 18 7.08 184
In year 19 7.39 192
In year 20 and over 7.69 200
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in OC San Policy.
27.1.3 Vacation leave may only be utilized in increments of one-quarter (0.25) hour or more. Vacation
leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave
payroll status.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Annual Payoff. Employees may have a maximum accumulation of 200 hours as of the last day of
the final pay period in December of each year. In the event an employee accrues vacation leave
in excess of 200 hours, it must be used prior to said December date,; all other remaining hours in
excess of 200 will be paid to the employee in the first pay period in January at the employee's then
current hourly rate of compensation.
27.2 Sick Leave
27.2.1 Definition.- Sick leave is an insurance or protection provided by OC San to be granted to
employees in circumstances of adversity to promote the health and welfare of the individual
employee. It is not an earned right to take time off from work. Sick leave is defined as the
absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to
attend to the illness or injury of a family member as hereinafter defined; or, for an employee or
family member who is a victim of violence, domestic violence, sexual assault, or stalking, for the
purposes described in Labor Code sections 230(c) and 230.1(a). Temporary employees shall
receive sick leave benefits as required by State law.
27.2.2 Method - Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue
paid sick leave at the rate of three point five (3.5) hours for each biweekly pay period of
continuous service (ninety-one (91) hours per year). Full-time employees hired on or after
November 27, 1981, accrue paid sick leave at the rate of three (3.0) hours for each biweekly pay
period of continuous service (seventy-eight (78) hours per year), beginning with the first day of
employment.
27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable OC San
Policy.
27.2.427.2.3 When unpaid absences occur, sick leave accruals will be applied by straight proration
for leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.2.54 Annual Payoff - Employees may elect annually to be paid for any unused sick leave hours accrued
through the last pay period ending in 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%
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241-560 35%
Over 560 (mandatory) 50%
27.2.6 Employees who terminate for any reason other than retirement or death shall be compensated for
any accrued and unused sick leave according to the above schedule. Employees who retire or
decease with twenty (20) years or more of service shall be paid at the one hundred percent
(100%) rate for all accrued and unused sick leave. Employees who retire or decease with less
than twenty (20) years of service will be paid at the seventy-five percent (75%) rate for all accrued
and unused sick leave.
27.2.7 Permissible Uses - Sick leave may be applied only to the following situations:
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, domestic partner, child, child of domestic partner, grandparent,
grandchild, legal guardian, or any family member with whom the employee resides; or
designated person. A designated person is a person identified by the employee at the time
the employee requests sick leave. The employee is limited to one designated person per
rolling 12-month period.
D. Absence due to a job-related injury.
E. Absence related to an employee or family member who is a victim of violence, domestic
violence, sexual assault, or stalking, for the purposes described in Labor Code sections 246.5,
230(c) and 230.1(a).
F. 27.2.8 Bereavement Leave, as set forth in section 27.6.1, below.
27.2.8 Protected Sick Leave – As prescribed under California Labor Code section 233, employees may
use up to one-half (1/2) of their annual sick leave accruals in any calendar year for qualifying
reasons to care for eligible family members.
27.2.9 General Provisions - To qualify for sick leave pay, the employee must notify OC San 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-quarter hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. IfExcept for the first forty (40) hours or five (5) days of sick leave use as
prescribed under the California Paid Sick Leave Law, if notified in advance by a manager or
supervisor, 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. For absences of ten (10)
consecutive working days or more, a request for leave and a medical statement, on prescribed
forms, stating expected date of return must be submitted to Human Resources. Upon return to
work, a written doctor's release must be submitted to Human Resources. For absences of one (1)
or more working days in an unpaid status, a request for leave and a medical statement, on
prescribed forms, stating expected date of return must be submitted to Human Resources.
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.
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27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on
prescribed forms, be entitled to his or her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two (22) working days.
27.3.2 Prior to jury duty service, each employee must complete a time off request through OC San’s
timesheet system and provide a copy of the summons to his or her supervisor. 27.3.2 To be
entitled to receive regular pay for such jury leave, the employee must report for work at OC San
for time not actually retained on jury unless there is less than one-half ½ of their regular shift
remaining. Employees are not compensated for jury duty occurring on scheduled days off.
27.3.3 An employee serving jury duty must obtain an attendance slip from the court to be submitted to
their supervisor with their timesheet in order to be eligible for regular pay for those hours of
absence due to jury duty.
27.4 Witness Leave
27.4.1 Any full-time, including probationary, employee, who is required to be absent from work by a
subpoena properly issued by a court, agency or commission legally empowered to subpoena
witnesses, which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request , be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to OC San for deposit in
the General Fund of OC San.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and
complete an online time off request form in order to be eligible for pay for such absence. To be
entitled to receive regular pay for such witness leave, the employee must report for work at OC
San for time not actually retained on witness service of one hour or more prior to and/or upon
completion of each day's service, exclusive of travel time.
27.5 Military Leave
27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall state the date when it is desired to begin the leave-of-absence
and the date of anticipated return. A copy of the orders requiring such military service shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
govern military leave. In general, current law provides that an employee having one (1) year or
more service with a public entity is entitled to military leave with pay not exceeding thirty (30) days
per year if the employee is engaged in military duty ordered for purposes of active military training
or encampment. An employee who is required to attend scheduled service drill periods or perform
other inactive duty reserve obligations is entitled to military leave without pay, not exceeding
seventeen (17) calendar days per year, although the employee may, at his or her option, elect to
use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive
drill period obligations. Employees who participate in weekend military drill duty are not eligible for
leave with pay for such activity, but may have their regular work schedule changed to
accommodate the required time off.
27.6 Bereavement Leave
27.6.1 Using the online time off request system, any full-time employee, whether probationary or regular,
shall receive a maximumup to five (5) days of bereavement leave, thirty-six (36) hours of which
will be paid time for the death or funeral of an immediate family member. An employee may use
existing accruals (i.e., sick, vacation, supplemental leave, compensatory time off) in order to be
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paid for up to five (5) days. Bereavement leave shall be used within six (6) months of the death of
the immediate family member. Immediate family member is defined as the employee's father,
step-father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-
sister, husband, wife, domestic partner, biological child, adopted child, step-child, child of a
domestic partner, grandchild, grandparent, foster parent, foster child, legal guardian, or any family
member with whom the employee resides. With reasonable cause, employees may be required to
furnish evidence satisfactory to OC San of the family member’s death and the employee’s
relationship to the deceased family member. Employees may submit requests for bereavement
leave after the six (6) months to the Director of Human Resources or designee, who has the
discretion to grant or deny such requests.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of Service 5 - 9 10 - 14 15 - 19 20 - 24 25+
Supplemental Leave Hours 5 10 15 20 25
27.7.2 Supplemental Leave will be administered in accordance with the following guidelines:
27.7.2.1 Supplemental Leave may be used in one-quarter (0.25) hour increments.
27.7.2.2 Any unused Supplemental Leave, within the fiscal year granted, will not be carried
over to the next fiscal year.
27.7.2.3 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash
out or eligible for any mandatory payout.
27.7.2.4 Employees who cease to be part of the bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.2.5 Employees who are hired or transferred intobecome part of the bargaining unit shall
be granted Supplemental Leave on a pro-rata basis per the following schedule:
Hire/Transfer Date Percent
July – September 100%
October – December 75%
January – March 50%
April – June 25%
27.7.2.6 Movement within and among the Administrative/Clerical, Engineering, and Technical
Services Units will not be subject to pro-rata granting or forfeiture of Supplemental
Leave.
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of OC San to grant employees leave-of-absences without pay under certain circumstances
and in accordance with state and federal benefit entitlement laws. Except as stated below, employees
shall not receive compensation during an unpaid leave-of-absence. Employees will not be granted an
unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding employees
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protected by PDL (Pregnancy Disability Leave)/FMLA (Family and Medical Leave Act)/CFRA (California
Family Rights Act) for their own serious health condition.
28.2 Using the prescribed forms, approved by OC San management, any full-time, including probationary, or
part-time employees with at least fifty-two (52) weeks of service and at least twelve hundred fifty (1,250)
hours of service, may be granted an FMLA and/or CFRA leave-of-absence without pay, not to exceed
twelve (12) weeks in a rolling twelve (12) month calendar period. A “rolling” twelve (12) month period is
measured backward from the date the employee uses the leave. A request for leaveLeave of absence
without payAbsence Request must be made upon prescribed forms in all instances where an employee is
absent without pay for more than five (5) consecutive working days, or for absences of ten (10) working
days or more when using paid sick leave accruals.
28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA and/or CFRA Leave for qualifying purposes other than the
employee’s own serious health condition shall be required to use all accruals, before unpaid leave
is granted. Paid time off will not accrue during any pay period that an employee is absent without
pay for more than one (1) day.
28.3.2 Paid time off accruals may be used for the care of the employee’s father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife,
domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, or a child to whom the employee stands in loco parentis, grandchild,
grandparent, foster parent, legal guardian, or any family member with whom the employee
resides.
28.4 Permissible Uses
28.4.1 FMLA Leave. FMLA leave may be used for:
28.4.1.1 The birth of a child or to care for a newborn of an employee;
28.4.1.2 The placement of a child with an employee in connection with the adoption or foster
care of a child;
28.4.1.3 The care for the employee’s father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic
partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild, grandparent, legal guardian, or any family member
with whom the employee resides who has a serious health condition, as defined in
the Act;
28.4.1.4 The employee’s own serious health condition that renders the employee unable to
perform the essential functions of his or her position, including incapacity due to
pregnancy;
28.4.1.5 A qualifying exigency arising out of the fact that an employee’s family member is on
covered active duty or called to covered active duty status in the Armed Forces. A
qualifying exigency may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of the service member, or
attending to farewell or arrival arrangements for the service member.
28.4.1.6 The care for the employee’s family member or “next of kin” service member of the
United States Armed Forces who has a serious injury or illness incurred in the line
of duty while on active military duty. This leave may consist of up to twenty-six (26)
weeks of unpaid leave during a single twelve (12) month period.
28.4.2 CFRA Leave. CFRA Leave may be used for:
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28.4.2.1 The same purposes as FMLA Leave, including the care of a domestic partner or
child of a domestic partnerdesignated person identified by the employee at the time
the employee requests leave to care for that person, and shall run concurrently with
FMLA leave.
28.4.2.1.1 Employees are limited to one (1) “designated person” per rolling 12-
month period.
28.4.2.2 CFRA may not be used for 1) an employee’s incapacity due to pregnancy or, 2)) to
care for a family member or next of kin with a serious injury or illness incurred in the
line of duty. However, incapacity due to pregnancy may entitle an employee to up
to four (4) months of pregnancy disability leave under California’s Pregnancy
Disability Leave (PDL) law.
28.4.3 General Provisions: Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, OC San requests thirty (30) days advance notice.
28.4.4 Medical Certification
28.4.4.1 As a condition of FMLA and/or CFRA Leave because of a serious health
condition, OC San may require certification by the employee’s attending
physician in accordance with Department of Labor (DOL) regulations.
28.4.4.2 As a condition of FMLA and/or CFRA Leave because of an eligible family
member’s serious health condition, OC San may require certification by the
eligible family member’s attending physician in accordance with Department
of Labor (DOL) regulations.
28.4.5 Medical and Dental Premiums
During FMLA and/or CFRA Leave, OC San shall pay for medical and dental benefits at the
same level as coverage would have been provided if the employee was not on leave. The
employee shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA and/or CFRA Leave, the employee shall be reinstated to the same
or a comparable position, unless the employee would not otherwise have been entitled to that
position for reasons unrelated to such leave (e.g., layoff), in which case OC San’s obligation to
continue health and dental or other benefits shall cease.
28.4.7 OC San Employment of Spouses/Domestic Partners
28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve (12)
weeks FMLA and/or CFRA Leave in a rolling twelve (12) month calendar period for
the care of a parent or newly born or placed child.
28.5 General Leave
28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general
leave-of-absence by OC San management to attend to personal matters or for FMLA and/or
CFRA qualifying events after the expirations of previously authorized leave.
28.5.2 During a general leave-of-absence, the employee will be required to pay both OC San’s and the
employee’s share of medical and dental premiums.
28.5.3 Failure to submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment.
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28.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee’s restrictions (with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA) and the employee is willing to return to work,
placement in an alternative position, if available, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall be without pay; however, the employee may elect to use accrued leave hours, such as
vacation, sick or personal, to receive compensation. Placement of an employee in an alternative
position requires a pre-placement medical evaluation for the alternative job.
28.6.3 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee’s restrictions (and cannot be reasonably accommodated if the
employee is disabled within the meaning of ADA/FEHA) and there is not an alternative position, or
the employee’s restrictions are not compatible with an alternative position, or the employee is not
willing to return to work, the employee shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall be retired for disability, if eligible, or dismissed.
Such dismissal will not imply disciplinary action for cause. If requested, the employee’s file will
indicate the employee left for personal reasons.
28.6.4 Bridge of Service
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within OC San
within one (1) year, OC San shall bridge the employee’s service date. Bridging of service
procedures involve adding the total number of days away from work to the employee’s original
date of hire.
28.6.5 Failure to Return to Work
If, upon the expiration of FMLA and/or CFRA Leave, or any OC San approved extension thereof
including General Leave, an employee fails to return to work and no additional leave has been
authorized, the employee shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of OC San’s intent to
implement an automatic resignation.
28.7 Compliance with Law
These Leave-of-Absence provisions shall be interpreted and applied in a manner that is consistent with
the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between
these provisions, as written or applied, the provisions of law shall govern.
ARTICLE 29. - CLASSIFICATION STUDIES
29.1 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, for consideration and response. Classification studies will only be
conducted twice a year in November and during the budget process; therefore, classification study
requests shall be submitted October 1st for the November review and according to the Finance budget
schedule. OC San’s management may also conduct classification studies at their discretion to ensure that
the duties and responsibilities of all employees are appropriately allocated within the classification
structure.
29.1.1 The findings of the Human Resources Department and the decision by the General Manager are
final and not subject to the appeal, problem-solving or grievance processes.
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29.1.2 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 OC San’s Board of Directors. The recommendations of the classification study shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
following authorization by the Board.
29.2 Y-Rating
29.2.1 In the event the duties and responsibilities of a position are allocated to a lower paid classification,
the salary of the incumbent of that position shall remain unchanged (Y-rated) in accordance with
the following table:.
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
29.2.2 Y-rating based on the above schedule shallwill be granted for all reclassifications where
employees are working in a job classification with a lower maximum rate of pay resulting from
changes to OC San’s staffing requirements, organizational structure or “bumping” associated with
layoffs. Y-rating shall not apply in cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay. (unless otherwise authorized by the General
Manager).
29.2.3 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range.. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.3 Z-Rating
29.3.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of OC San’s comprehensive Classification Study results implemented effective July 12,
2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
29.3.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
29.4 Reopener: OC San and OCEA agree to reopen this Agreement to meet and confer regarding the
comparison agencies used for any classification and compensation studies.
ARTICLE 30. - DRIVER'S LICENSE
30.1 Employees who are required by OC San to drive must notify their supervisor and the Human Resources
Risk Management Division immediately upon receipt of any status changes, including but not limited to a
suspension or revocation of their California Driver's License privileges. Failure to do so could result in
disciplinary action up to and including separation.
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30.2 If an employee whose license is suspended or revoked and is unable to perform his or her regular duties
and responsibilities notifies OC San 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 OC San management’s discretion.
30.3 OC San will continue to pay the license renewals and physical examination costs of Class A &and B
licenses that are specifically required by OC San.
ARTICLE 31. - LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require OC San to fill vacant, budgeted positions nor to prohibit OC
San from eliminating vacant positions from the budget. OC San reserves the right to reassign staff to
other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if OC San finds it necessary to layoff personnel who
were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.331.2 If, in the sole discretion of OC San management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function, job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever possible.
31.43 Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests must be made in writing to the Human Resources
Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily
demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
31.54 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the
inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a
classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the
top of the list. That individual must respond to the offer within five (5) days, or the offer shall be made to
the next person on the list. An individual who either does not respond or refuses three (3) consecutive
offers shall have their name removed from the list.
31.65 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is
the responsibility of all employees to keep the Human Resources Department informed of their current
address, or where they may be contacted.
ARTICLE 32. - LIGHT DUTY
32.1 An employee who is released by a physician to perform limited duties because of a temporary disability
may be assigned to light duty at the discretion of OC San. Light duty may consist of duties other than
those normally performed by the employee and that are within the employee’s medical restrictions. An
employee assigned to light duty will be paid the regular wage rate for the job classification to which he or
she was assigned prior to being temporarily disabled.
ARTICLE 33. - MEDICAL EXAMINATION
33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers
their own health or safety, or that of others, OC San 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 OC San time and at OC San 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.
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ARTICLE 34. - MILEAGE ALLOWANCE
34.1 Approved use of a personal vehicle for OC San business shall be reimbursed at the current IRS rate.
ARTICLE 35. - ACTING PAY
35.1 Employees who are assigned by OC San management to perform the duties of a position at a higher level
for a period of at least eighty (80) consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater. The higher rate of pay begins
with the hour eighty-one (81), and continues until the assignment ends or the six (6) month limitation has
been reached at which time a determination will be made as to whether the position should or should not
be posted. Requests for acting pay require the approval of the Department Director and the Director of
Human Resources, or designee. The eighty (80) hour eligibility period may be waived at the discretion of
the General Manager.
ARTICLE 36.
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ARTICLE 37. - PERSONNEL FILES
37.1 Employees have the right to inspect their personnel file in the Human Resources Department during the
normal office hours of the Human Resources Department, by appointment. Employees who wish to correct
allegedly erroneous information in their file, or request that items related to disciplinary matters be
removed after the indicated time period has elapsed, should submit a request in writing to the Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, including home address, telephone number and person to contact in an
emergency.
ARTICLE 38. – BULLETIN BOARDS
38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2, which are designated for use by
employee groups to post notices to OC San employees, provided that: (a) no controversial matter which is
critical of or derogatory to OC San, its employees, officers or Directors may be posted; (b) nothing posted
by OC San may be removed; (c) the OCEA shall remove its notices after a reasonable length of time; and
(d) only a reasonable number of notices shall be posted.
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1 A maximum of three (3) employees covered by this Agreement and appointed by the OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of OC San permits the time away from assigned work.
ARTICLE 40. - USE OF OC SAN FACILITIES
40.1 OC San facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal
OC San operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
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ARTICLE 41. - SCOPE OF BARGAINING
41.1 OC San and the OCEA acknowledge that during the negotiations, which resulted in this Agreement, each
party had the unlimited right and opportunity to make demands and proposals with respect to all proper
subjects within the scope of representation. Therefore, OC San and the OCEA, for the term of this
Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and
each agrees that the other shall not be obligated to bargain collectively with respect to any subject or
matter contained in this Agreement.
ARTICLE 42. - IMPASSE PROCEDURES
42.1 If either OC San or OCEA declares that an impasse exists in the meet and confer process, the party so
declaring may initiate the impasse procedure by providing the other party with a written request for an
impasse meeting, together with a statement of its position on all issues. An impasse meeting shall be
scheduled and held between the parties within fourteen (14) calendar days or as soon as practicable to:
42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding,
and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined
herein.
43.3 Impasse procedures are:
43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other
mutually incurred costs shall be mutually shared by OC San and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to OC San’s
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
Board. The Board may take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse shall be final and binding.
ARTICLE 43. - SEVERABILITY
43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection
of this Agreement shall be declared invalid by any court or by any state or federal law or regulation, or
should a decision by any court or any state or federal law or regulation diminish the benefits provided by
this Agreement, or impose additional obligations on OC San, OC San and OCEA shall meet and confer on
the affected article, section or subsection. In such event, all other articles, sections or subsections of this
Agreement not affected shall continue in full force and effect.
ARTICLE 44. - UNIFORMS
44.1 OC SanOC San shall provide and maintain ten (10) uniform pants and shirts, which may include the name
of the employee and OC San’s seal, at no cost to employees whose duties require that they wear
uniforms. OC San will also provide lab coats as required by the lab managermanagement.
44.2 Employees covered by this agreement shall receive OCEA employees working in divisions designated in
SOP-102 Personal Protective Equipment (PPE) as eligible to receive a safety boot allowance and/or upon
supervisor request shall receive an annual or bi-annual voucher in the amount of $225 at the beginning of
each fiscal year250 as applicable.
44.3 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 OC San management, may be worn when
OCEA –Engineering MOU July 1, 20225 to June 30, 20258
Page 25
8972312.1 OR040-030 8972312.1 OR040-0308972312.1 OR040-030 12942305.2 OR040-047
attending business meetings. Failure to wear required clothing, shoes and safety equipment may be
cause for disciplinary action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
45.1 OC San’s Substance Abuse Policy will apply to all unit members. OC San may adopt or implement rules,
regulations and policies to be in compliance with federal and state laws. In such cases, notification will be
provided to the bargaining unit prior to implementation.
45.2 Department of Transportation (DOT) Regulations
45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is
subject to the commercial driver’s license requirements of the Department of Transportation,
Federal Highway Administration CFR Part 382 is subject to OC San’s Anti-Drug and Alcohol
Program. OC San will ensure that all alcohol or controlled substances testing conducted under
the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part
40.
45.3 OC San’s Substance Abuse Policy
45.3.1 Any employee may be subject to discipline, up to and including termination, for any alcohol screen
test that indicates an alcohol concentration level of 0.02% or greater.
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS
4646.1 New Employee Orientation
46.1.1. OCEA will be allowed up to one half-hour each orientation session to communicate with
OCEA-represented classifications to explain the rights and benefits as set forth in this
Agreement. Human Resources staff will send to the OCEA representative, or designee, a
notice of each new employee orientation session. The notice will be provided at least 10 days
prior to the session, or as soon as practicable, and will include pertinent session details.
46.1.2. OC San will hold new employee orientation sessions on a regular basis or at least on a
quarterly basis, given there are new OCEA-represented classifications. If there are no new
hires in the OCEA-represented classifications for a scheduled session, OC San will notify the
OCEA as soon as possible in advance of the session.
46.1.3. Human Resources staff will provide the OCEA with an electronic copy of the name, home
address, personal email address, and personal cell phone number of all new OCEA-
represented employees within 30 days of hire.
46.1.4. Human Resources staff will provide the OCEA with an electronic copy of the name, home
address, personal email address, and personal cell phone number of all OCEA-represented
employees at least every 120 days.
46.2 Dues Deductions
46.2.1 OC San shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees
and assessments for each employee who voluntarily authorizes such deduction in writing.
Such authorizations must be filed by the end of the pay period prior to the period for which the
deduction is requested.
46.2.2 OC San shall provide the OCEA a quarterly list of the names of those employees for whom it
has made deductions. In addition, OC San shall provide the names and addresses of new
employees and the names of employees who have terminated within the previous quarter.
OCEA –Engineering MOU July 1, 20225 to June 30, 20258
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8972312.1 OR040-030 8972312.1 OR040-0308972312.1 OR040-030 12942305.2 OR040-047
46.2.3 OCEA shall indemnify, defend and hold the OC San harmless against any liability from any
claims, demands, or other action related to OC San’s deduction of Union Dues, including
claims related to the Union’s use of monies collected under these provisions.
ARTICLE 47.
(This Article intentionally left blank)
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
48.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are
in progress or recommendations resulting from such procedures are being considered by the parties, OC
San agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither
advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whole or in part from the full, faithful and proper performance of their
duties of employment.
ARTICLE 49.
(This Article intentionally left blank)
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1 OC San’s Workplace Violence and Weapons Policy will applyand Workplace Violence Prevention &
Security SOP applies to all unit members.
ARTICLE 51. - RESIGNATION
51.1 Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written
notice prior to leaving. OC San may accept in writing any verbal or written resignation at any time and
deem such resignation irrevocable. Voluntary written termination of employment with OC San is
automatically deemed irrevocable after seventy-two (72) hours from the receipt of the resignation, except
by approval of the Director of Human Resources, or designee.
ARTICLE 52.
(This Article intentionally left blank)
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE
53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation OC San (OC San)
hereby agree to meet within two (2) months from the OC San Board approval of this MOU to discuss the
structure and process of a Labor Management Committee at OC San. Absent mutual agreement regarding
the structure and process of a Labor Management Committee, the parties will defer discussions to the time
when a successor MOU is raisedSAN) have established a Labor Management Committee; the Committee
convenes on an as-needed basis.
OCEA –Engineering MOU July 1, 20225 to June 30, 20258
Page 27
8972312.1 OR040-030 8972312.1 OR040-0308972312.1 OR040-030 12942305.2 OR040-047
SIGNATURE PAGE
2022 – 2025 – 2028
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
Executed: ________________________________
OCEA ENGINEERING UNIT
ORANGE COUNTY SANITATION DISTRICT
Danielle ChauAlisha Greene, Labor
Representative
Laura Drottz Kalty, Lead Negotiator
Alisha Greene, Labor Representative
Veronica Rodarte, Operations Manager
Celia ChandlerLaura Maravilla, Director of
Human Resources
Robert (Mickey) Whitney, Senior Construction
Inspector
Carlos Rosales, Lead Organizer
Laura MaravillaThys DeVries, Human
Resources & Risk Manager
Bobby Martinez, Materials Management
ClerkDana Andrews, Senior Construction
Inspector
Janine Aguilar, Human Resources Supervisor
Christiana Richardson, Administrative
Assistant
Andrew Nau, Human Resources Supervisor
Thys DeVries, Principal Human Resources
Analyst
OCEA –Engineering MOU July 1, 20225 to June 30, 20258
Page 28
8972312.1 OR040-030 8972312.1 OR040-0308972312.1 OR040-030 12942305.2 OR040-047
Mickey Whitney, Senior Construction Inspector Stephanie Barron, SeniorPrincipal Human
Resources Analyst
Dana Andrews, Senior Construction Inspector
Dennis Dilliner, Lead Source Control Inspector
David Mallonee, Environmental Technician
Exhibit A
ENGINEERING UNIT
Pay
Effective
Effective Effective
111-Jul-2225 1410-Jul-2326 129-Jul-2427
Classification Grade MIN MAX MIN MAX MIN MAX
Safety Inspector 78 $54.6361.4
6
$66.4074.7
0 $56.8264.2
3 $6978.06 $58.8166.1
6
$71.4880.4
0
Senior Construction Inspector 78 $54.6361.4
6
$66.4074.7
0 $56.8264.2
3 $6978.06 $58.8166.1
6
$71.4880.4
0
Engineering Associate 76 $51.99 $63.21 $54.07 $65.74 $55.96 $68.04
Construction Inspector 74 $49.5155.6
9
$60.1767.6
8 $51.4958.2
0
$62.5870.7
3 $53.2959.9
5
$64.7772.8
5
Engineering Technician 70 $50.44.85 $54.5261.3
2 $46.6452.7
1
$56.7064.0
8 $48.2754.2
9
$58.6866.0
0
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4409 Agenda Date:7/23/2025 Agenda Item No:3.
FROM:Laura Drottz Kalty, Chief Negotiator
Originator: Laura Maravilla, Director of Human Resources
SUBJECT:
SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS - LOCAL 501
CHIEF NEGOTIATOR’S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OC SAN 25-07, entitled “A Resolution of the Board of Directors of the
Orange County Sanitation District approving the Memorandum of Understanding (MOU)
between the Orange County Sanitation District and the International Union of Operating
Engineers Local 501, for Fiscal Years 2025/2026, 2026/2027 & 2027/2028”; and
B. Direct staff to finalize and sign the Memorandum of Understanding (MOU) between Orange
County Sanitation District and the International Union of Operating Engineers Local 501
bargaining unit.
BACKGROUND
The MOU between the Orange County Sanitation District (OC San)and the International Union of
Operating Engineers Local 501 (Local 501)that became effective on July 1,2022,expired on June
30,2025.On September 25,2024,the Board of Directors selected Laura Drottz Kalty of Liebert
Cassidy Whitmore to serve as its Chief Negotiator to negotiate successor agreements with all
recognized employee organizations.Subsequently,on November 20,2024,the Steering Committee
provided Ms. Kalty with negotiating parameters and authority to commence negotiations.
Local 501 submitted its initial proposal for a successor MOU on April 8,2025.Local 501 and OC San
have met and conferred in good faith nine (9) times since receiving the initial proposal.
On June 25,2025,OC San and Local 501 reached a Tentative Agreement on the terms and
conditions of employment for employees represented by Local 501,as set forth in the successor
MOU being presented for final approval and adoption by the OC San Board of Directors.
On June 25,2025,the Board of Directors authorized the Chief Negotiator to proceed with a three-
year contract and salary increases for Local 501 as follows:4.5%for the first year,4.5%for the
second year,and 3.0%for the final year of the contract.This includes corresponding salary range
adjustments effective the first full pay period in July for each year of the contract,with the first
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adjustments effective the first full pay period in July for each year of the contract,with the first
increase to commence in July 2025.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Offer competitive compensation and benefits
·Cultivate a highly qualified, well-trained, and diverse workforce
·Negotiate fair and equitable labor agreements
·Maintain positive employer-employee relations
·Provide professional growth & development
PROBLEM
The MOU between OC San and Local 501 that became effective on July 1,2022,expired on June
30,2025.OC San has a legal duty to bargain in good faith and,upon reaching full and final
agreement on a successor MOU with a bargaining group,approval must be obtained from its
governing body.
PROPOSED SOLUTION
Adopt Resolution No.OC SAN 25-07,entitled “A Resolution of the Board of Directors of the Orange
County Sanitation District approving the Memorandum of Understanding (MOU)between the Orange
County Sanitation District and the International Union of Operating Engineers Local 501,for Fiscal
Years 2025/2026, 2026/2027 & 2027/2028”.
TIMING CONCERNS
OC San and Local 501 have bargained in good faith and have reached a tentative agreement on a
successor MOU that shall go into effect July 2025, contingent on Board approval.
RAMIFICATIONS OF NOT TAKING ACTION
Some of the impacts of not approving successor labor agreements include labor instability,employee
morale, and impasse.
PRIOR COMMITTEE/BOARD ACTIONS
On September 25,2024,the Board of Directors authorized staff to execute an agreement with Ms.
Kalty of Liebert Cassidy Whitmore to serve as OC San’s Chief Negotiator.This action was taken
pursuant to OC San’s Purchasing Ordinance No. OC SAN-61.
In preparation for and during the meet and confer process,the Chief Negotiator received direction for
labor negotiations with Local 501 from the Steering Committee and the Board of Directors.
The Local 501 meet and confer process was agendized for discussion in Closed Session at the
following Committee/Board meetings:
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·March 26, 2025 - Steering Committee and Board Meeting
·April 23, 2025 - Steering Committee and Board Meeting
·May 28, 2025 - Steering Committee and Board Meeting
·June 25, 2025 - Steering Committee and Board Meeting
ADDITIONAL INFORMATION
Local 501 is the recognized employee organization certified to provide exclusive representation over
wages,hours of work,and other terms and conditions of employment for 193 non-exempt OC San
employees in the trades.These employees perform skilled labor within the trades across the
Operations & Maintenance Department and Administrative Services Department.
Based on Board authorization,OC San reached a full tentative agreement with Local 501 on June
25,2025,including a three-year contract with a 4.5%salary increase in the first year,a 4.5%salary
increase in the second year,and a 3.0%salary increase for the final year of the contract.Local 501
distributed the proposal to their membership for voting,and Local 501’s membership ratified the
proposal by majority vote on July 9, 2025.
The full redlined version of the Local MOU is attached for review.A summary of the key changes to
the MOU are as follows:
1.Article 1, Recognition: Term of the agreement begins July 1, 2025.
2.Article 2, Duration: Agreement terminates on June 30, 2028.
3.Article 12, Problem Solving Procedure. Revise language to include:
12.1 Counseling and performance appraisals are not subject to the problem solving
procedure.
4.Article 13, Salary Adjustments and Compensation:
13.3 Salary Range Adjustments:
13.3.1 Effective the first pay period of July 2025, 4.5% salary range adjustment.
13.3.2 Effective the first pay period of July 2026, 4.5% salary range adjustment.
13.3.3 Effective the first pay period of July 2027, 3.0% salary range adjustment.
13.3.4 One Time Lump Sum Payment -Employees hired or promoted into the Group as
of the first full pay period in July 2025 will receive a $1000 one-time payment.
The payment shall not apply to employees hired after the first full pay period
following approval and adoption of the Agreement.
5.Article 15,Deferred Compensation:Effective the first full pay period in July 2025,employees
covered by OCERS Plans B and U and who participate in the deferred compensation plan,are
eligible to receive up to $335.37 per month matching OC San contribution.Effective the first
full pay period in July 2026,employees covered by OCERS Plans B and U and who
participate in the deferred compensation plan,are eligible to receive up to $383.64 per month
matching OC San contribution.
6.Article 18, Call-Back Pay. Revise language to include:
18.7 Fatigue Time:The intent of fatigue time is to provide eight (8)hours of rest between the
end of an employee’s overtime/call-back work and the start of the next regularly scheduled
work shift,by replacing regular scheduled straight time hours with paid rest time.Fatigue time
shall not be considered unscheduled time off,and consistent with OC San Non-Base Building
Pay policy,fatigue time will be considered scheduled leave for purposes of calculating
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Pay policy,fatigue time will be considered scheduled leave for purposes of calculating
overtime Pay.Employees are responsible for obtaining supervisor approval in advance and
accurately reporting fatigue time in the timekeeping system.
If an employee is required to perform sixteen (16)hours or more of work in a rolling twenty-
four (24)hour period and the completion of the work results in less than eight (8)hours of rest
prior to the start of the employee’s next regularly scheduled shift,the following options will be
made available:
18.7.1 Nearby hotel options,as identified in the Standby Process Guidelines:OM-SOP-
03-002,will be made available to employees to reduce travel time returning to their
home, as well as returning to work for their next scheduled shift; and/or
18.7.2 The employee will be given the option to delay the start time of their next shift for
up to eight (8)hours and will be compensated with fatigue time at their straight time rate
of pay.For example,an employee in maintenance who is regularly scheduled to work
from 6:00 am to 4:30 pm,who is held over to work until midnight,would be given the
option to delay their 6:00 am.Start time until 8:00 am.The employee would receive
two (2) hours of fatigue time at straight time pay.
18.7.3 If upon completion of fatigue time,there are two (2)hours or less remaining in
the employee’s regularly scheduled shift for that day,the employee may elect to use
accrued leave time and shall not be considered unscheduled time off,subject to
supervisor approval.If the supervisor determines there is a legitimate business
necessity,an employee may be required to report for the remainder of their regularly
scheduled shift.
7.Article 19, Standby Pay. Revise language to include:
19.4 Effective the first full pay period in July 2025,employees on standby will be
compensated at the rate of $600 dollars per week.
8.Article 27, Leave of Absence with Pay:
27.11 Bereavement Leave. Revise language to align with changes in the law:
27.11.1 Any full-time employee,whether probationary or regular,will receive up to five
(5)days of bereavement leave,thirty-six (36)hours of which will be paid time,for the
death or funeral of an immediate family member.An employee may use existing
accruals (i.e.,personal leave or compensatory time off)in order to be paid for up to five
(5) days.
9.Article 44, Uniforms. Revise language to include:
44.4.Classifications designated in SOP-102 Personal Protective Equipment (PPE)shall
receive an annual voucher for a safety boot allowance in the amount of $250 at the beginning
of each fiscal year.
In addition to the aforementioned changes,the proposed MOU includes general housekeeping
updates to certain articles for purposes of language clarification and to ensure alignment with
changes in applicable laws, regulations, and internal administrative procedures.
CEQA
N/A
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FINANCIAL CONSIDERATIONS
The total cost is $8,030,814 over the term of the agreement.This request complies with authority
levels of OC San’s Purchasing Ordinance. This item has been budgeted.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 25-07
·Local 501 MOU (Redlined)
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OC SAN 25-07-1
RESOLUTION NO. OC SAN 25-07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL
501, FOR FISCAL YEARS 2025/2026, 2026/2027 & 2027/2028
WHEREAS, on September 28, 2022, the Board of Directors (“Directors”) of the Orange
County Sanitation District (OC San) authorized the General Manager to sign the
Memorandum of Understanding with the International Union of Operating Engineers (referred
hereinafter as “Local 501”), regarding salaries, benefits and terms and conditions of
employment for the period July 1, 2022 through June 30, 2025 (“2022 MOU”).
WHEREAS, prior to the expiration of the 2022 MOU, on December 13, 2024, Local
501 requested to meet and confer regarding a successor MOU.
WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of
Local 501 have met and conferred with the representatives of OC San and have reached an
understanding with regard to certain terms and conditions relative to employment;
WHEREAS, through negotiations the parties agreed that any salary changes would
take effect the first full pay period in July 2025; and
WHEREAS, the parties have modified the 2025 MOU between OC San and Local 501
to reflect the parties’ understanding regarding certain terms and conditions, which by this
reference are made a part of this resolution as if set forth herein.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. The aforementioned MOU between OC San and Local 501 for the
contract period of July 1, 2025, through June 30, 2028, attached hereto as Exhibit A and is
hereby approved.
Section 2. The General Manager is authorized to sign the Memorandum of
Understanding with Local 501 for the period of July 1, 2025, through June 30, 2028, in a form
approved by General Counsel.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held July 23,
2025.
_______________________________________
Ryan P. Gallagher
Board Chairman
OC SAN 25-07-2
ATTEST:
_______________________________________
Kelly A. Lore
Clerk of the Board
OC SAN 25-07-3
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OC SAN 25-07 was passed and
adopted at a regular meeting of said Board on the 23rd day of July 2025, by the following
vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 23rd day of July 2025.
Kelly A. Lore
Clerk of the Board of Directors
Orange County Sanitation District
12959983.4 OR040-046
MEMORANDUM OF UNDERSTANDING BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 501
FOR THE
OPERATIONS AND MAINTENANCE UNIT
July 1, 20225 through June 30, 20258
Local 501 MOU July 1, 2025 to June 30, 2028 Page 2
12959983.4 OR040-046
TABLE OF CONTENTS
ARTICLE 1. RECOGNITION ............................................................................................................................. 4
ARTICLE 2. DURATION .................................................................................................................................... 4
ARTICLE 3. SUCCESSOR AGREEMENT ........................................................................................................ 4
ARTICLE 4. LOCAL 501 ACCESS ................................................................................................................... 4
ARTICLE 5. LOCAL 501 RIGHTS ..................................................................................................................... 5
ARTICLE 6. OC SAN RIGHTS .......................................................................................................................... 5
ARTICLE 7. NONDISCRIMINATION IN EMPLOYMENT.................................................................................. 5
ARTICLE 8. SMOKE-FREE WORK ENVIRONMENT ....................................................................................... 5
ARTICLE 9. SAFETY ......................................................................................................................................... 6
ARTICLE 10. DISCIPLINE AND DISMISSAL ..................................................................................................... 6
ARTICLE 11. GRIEVANCE PROCEDURE ......................................................................................................... 7
ARTICLE 12. PROBLEM SOLVING PROCEDURE .........................................................................................98
ARTICLE 13. SALARY ADJUSTMENTS AND COMPENSATION………………………………………………...9
ARTICLE 14. SEVERANCE PAY .................................................................................................................. 1110
ARTICLE 15. DEFERRED COMPENSATION .............................................................................................. 1110
ARTICLE 16. HOLIDAYS .............................................................................................................................. 1110
ARTICLE 17. HOURS OF WORK ..................................................................................................................... 12
ARTICLE 18. CALL-BACK PAY ................................................................................................................... 1413
ARTICLE 19. STANDBY PAY ........................................................................................................................... 14
ARTICLE 20. INSURANCE ............................................................................................................................... 15
ARTICLE 21. REIMBURSEMENT ACCOUNT .............................................................................................. 1716
ARTICLE 22. OVERTIME .............................................................................................................................. 1716
ARTICLE 23. PROBATIONARY PERIOD ..................................................................................................... 1716
ARTICLE 24. PROMOTIONS ........................................................................................................................ 1817
ARTICLE 25. RETIREMENT ......................................................................................................................... 1817
ARTICLE 26. SHIFT DIFFERENTIAL ........................................................................................................... 1918
ARTICLE 27. LEAVE-OF-ABSENCE WITH PAY .........................................................................................1918
ARTICLE 28. LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................2221
ARTICLE 29. CLASSIFICATION STUDIES .................................................................................................. 2524
ARTICLE 30. DRIVER'S LICENSE ............................................................................................................... 2625
ARTICLE 31. LAYOFF PROCEDURE .......................................................................................................... 2725
ARTICLE 32. LIGHT DUTY ........................................................................................................................... 2725
ARTICLE 33. MEDICAL EXAMINATION ...................................................................................................... 2726
ARTICLE 34. MILEAGE ALLOWANCE ........................................................................................................ 2726
ARTICLE 35. ACTING PAY ........................................................................................................................... 2826
ARTICLE 36. PERFORMANCE REVIEWS ................................................................................................... 2826
ARTICLE 37. PERSONNEL FILES. .............................................................................................................. 2826
ARTICLE 38. BULLETIN BOARDS .............................................................................................................. 2827
ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS29………………………………………….27
ARTICLE 40. USE OF OC SAN FACILITIES ................................................................................................ 2927
ARTICLE 41. SCOPE OF BARGAINING ...................................................................................................... 2927
ARTICLE 42. IMPASSE PROCEDURES ...................................................................................................... 2927
ARTICLE 43. SEVERABILITY ....................................................................................................................... 3028
ARTICLE 44. UNIFORMS .............................................................................................................................. 3028
ARTICLE 45. SUBSTANCE ABUSE POLICY .............................................................................................. 3028
ARTICLE 46. NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS ............................................ 3128
Local 501 MOU July 1, 2025 to June 30, 2028 Page 3
Local 501 MOU July 1, 2022 to June 30, 2025
Page 3
12959983.4 OR040-046
ARTICLE 47. UNION DUES .......................................................................................................................... 3129
ARTICLE 48. PEACEFUL RESOLUTION OF DISPUTES ........................................................................... 3130
ARTICLE 49. SHIFT CHANGES ................................................................................................................... 3230
ARTICLE 50. WORKPLACE VIOLENCE AND WEAPONS POLICY........................................................... 3331
ARTICLE 51. RESIGNATION ........................................................................................................................ 3331
ARTICLE 52. OPERATOR CERTIFICATION ............................................................................................... 3331
ARTICLE 53. OPERATOR ROTATIONS ...................................................................................................... 3432
SIGNATURE PAGE .......................................................................................................................................... 3533
EXHIBIT A ......................................................................................................................................................... 3634
Local 501 MOU July 1, 2025 to June 30, 2028 Page 4
Local 501 MOU July 1, 2022 to June 30, 2025
Page 4
12959983.4 OR040-046
MEMORANDUM OF UNDERSTANDING BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501 FOR THE
OPERATIONS AND MAINTENANCE UNIT
In accordance with the provisions of California Government Code Sections 3500, et seq., and Resolution OC SAN 22-31 of the Joint
Board of Directors, OC San’s authorized representatives have met and conferred in good faith with representatives of the International
Union of Operating Engineers, Local 501, for OC San’s Operations and Maintenance Unit. These meetings have resulted in an
agreement and understanding to recommend that the employees represented by Local 501 accept these terms and conditions, and
that the Board of Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of employment for the
employees represented by Local 501 as set forth in this Agreement.
ARTICLE 1. RECOGNITION
1.1. This Agreement is entered into between the Orange County Sanitation District, referred to hereinafter as OC San, and the
International Union of Operating Engineers, Local 501, AFL-CIO, referred to hereinafter as Local 501, as a mutual
recommendation to the Board of Directors of OC San of those wages, hours of work, and terms of conditions of
employment which are to be in effect at 12:01 a.m. on July 1, 20225.
1.2. OC San 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 OC San.
ARTICLE 2. DURATION
2.1. This Agreement will be binding on OC San and Local 501 when approved and adopted by OC San’s Board of Directors.
This Agreement will terminate on June 30, 20258. Any issue regarding the question of representation shall be brought
pursuant to the Employer-Employee Relations Resolution (EERR), Resolution No. OCSD 99-24.
ARTICLE 3. SUCCESSOR AGREEMENT
3.1. Local 501 will submit in writing its initial proposal for a successor agreement 60 days prior to the expiration date of this
Agreement.
ARTICLE 4. LOCAL 501 ACCESS
4.1. The Local 501 representative will have access to OC San’s facilities during working hours for the purpose of assisting Unit
employees in processing grievances or investigating matters arising out of the application of provisions of this Agreement.
The Local 501 representative must obtain authorization for each visit in advance from the Director of Human Resources,
or designee.
4.2. Local 501 will provide the Director of Human Resources, or designee, with a list of Representatives who are authorized
to request access under this Article, and will notify the Director of Human Resources, or designee, of any changes in that
list.
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4.3. Local 501 access will not interfere with OC San operations, or with the work of employees in any
manner. OC San reserves the right to restrict access in certain areas designated confidential or
secure.
ARTICLE 5. LOCAL 501 RIGHTS
5.1. Local 501 may designate fourteen (14) employees to act as Shop Stewards for employees covered
by this Agreement. Local 501 will furnish the Director of Human Resources, or designee, with the
names of employees selected as Shop Stewards and will update the list as necessary. An alternate
Shop Steward may be designated to act in the absence of the regular Shop Steward. Employees not
listed on the roster of Shop Stewards provided to OC San by Local 501 may not act as
representatives.
5.2. For purposes of meeting and conferring, Local 501 will be allowed to designate two (2) Shop Stewards
to attend (additional Shop Stewards may be added by mutual agreement of the parties). An additional
employee, who may or may not be a designated Shop Steward, may be invited to attend to provide
subject matter knowledge.
5.3. Shop Stewards will not perform non work-related duties on work time without the prior approval of
their immediate supervisor. Neither OC San nor Local 501 will interfere with, intimidate, restrain,
coerce or discriminate against employees because of the exercise or non-exercise of their rights to
engage in Local 501 activity.
ARTICLE 6. OC SAN RIGHTS
6.1. OC San inherent rights, powers, functions, duties, responsibilities and authority related to a
managerial or administrative character are reserved to OC San in its exercise of management
decision-making, except as specifically modified by the express provisions of this Memorandum. OC
San rights include, but are not limited to, the exclusive right to consider the merits, necessity or
organization of any service or activity provided by law, or administrative order; determine the mission
of its constituent departments, commissions and boards; set standards of service, determine the
procedures and standards of selection for employment and promotion; establish and implement
performance standards; direct its employees; take disciplinary action for proper cause; layoff
employees from duty because of lack of work or lack of funds; maintain the efficiency of OC San
operations; determine the methods, means and personnel by which OC San operations are to be
conducted; determine the content of job classifications; classify and reclassify positions; take all
necessary actions to carry out its mission in emergencies; and exercise complete control and
discretion over its organization and the technology of performing its work.
6.2. OC San retains all authority and rights conferred on it by law, or other legal sources, except to the
extent that such authority is explicitly waived by the express terms of this Agreement. OC San
exercise of its management rights hereunder shall not be subject to appeal or meeting and conferring,
however, that the exercise of such rights does not preclude Local 501 from appealing or meeting and
conferring the practical consequences or impacts that OC San decisions have on wages, hours, and
other terms and conditions of employment.
ARTICLE 7. NONDISCRIMINATION IN EMPLOYMENT
7.1. There will be no unlawful discrimination in the application of the provisions of this Agreement with
regard to actual or perceived race, color, religion, national origin, ancestry, sex, gender, gender
identity, gender expression, sexual orientation, age, physical or mental disability, medical condition,
genetic information, marital status, military or veteran status, reproductive health decision making, or
any other lawfully protected class. To the extent required by law or by OC San’s rules or regulations,
this provision of the Agreement will be applied to all members of the Unit without regard to any
protected classification.
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ARTICLE 8. SMOKE-FREE WORK ENVIRONMENT
8.1. OC San 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 OC San employees and their families, smoking
and the use of tobacco (cigarettes, cigars, e-cigarettes [“vaping”] and related tobacco products and
technologies) is not acceptable within OC San facilities, and may occur only in areas posted for
smoking.
ARTICLE 9. SAFETY
9.1. It is the duty of OC San to provide and maintain a safe place of employment. Local 501 will cooperate
by encouraging all employees covered by this Agreement to perform their work in a safe manner. It
is the duty of all employees covered by this Agreement, in the course of performing their assigned
duties, to be alert to unsafe practices, equipment, and conditions, and to follow the safety regulations
and requirements of OC San, and to report any unsafe practices or conditions to their immediate
supervisor. An employee will not be required to perform work that is unsafe.
9.2. OC San has a Safety Committee that includes up to six (6) members of Local 501. The committee’s
recommendations are advisory. The committee will meet at least quarterly; however, additional
meetings may be scheduled by either Local 501 or OC San.
ARTICLE 10. DISCIPLINE AND DISMISSAL
10.1. Discipline may occur when any of the following actions are taken for just cause with respect to any
employee in the Unit: verbal reprimand; written reprimand; suspension without pay; reduction in pay,
demotion to a classification with a lower pay grade, or dismissal.
10.2. Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by
OC San for just cause.
10.3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
10.4. A Notice of Intent is required and will be given to an employee whenever the disciplinary action
involves suspension without pay, reduction in pay, demotion to a classification with a lower pay grade,
or dismissal. The notice will be given to the affected employee either by delivery in person or by
Certified Mail sent to the employee's last known address. Such personal delivery or mailing will be
presumed to provide actual notice to the affected employee. The Notice of Intent will indicate the date
on which it was personally delivered or deposited in the mail, which will be the date of issuance.
10.5. The Notice of Intent will contain the following: (1) a description of the disciplinary action intended and
the effective date of the action; (2) the reasons for the proposed action; (3) a copy of the charges and
materials upon which the action is based; and, (4) a statement of the employee's right to respond,
either verbally or in writing to the person initially imposing the discipline, or to an OC San management
representative with authority to make an effective recommendation on the proposed action, the person
to whom any response must be directed, and the fact that such response must be received within ten
(10) business days of the date of issuance of the notice. The Notice will also advise the employee of
the right to representation.
10.6. Prior to the effective date of the proposed disciplinary action, the employee will be given an
opportunity to respond either verbally or in writing to a management representative with authority to
make an effective recommendation on the proposed action. After review of an employee's response,
OC San 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, OC San may reduce
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discipline without further notice. Further clarification of the disciplinary policies and procedures are
covered in OC San’s Personnel Policies and Procedures Manual.
10.7. Dismissal will be preceded by at least one (1) written reprimand, except in those situations in which
the employee knows or reasonably should have known that the performance or conduct was
unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty,
possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of
OC San property or funds, fighting on the job, insubordination, acts endangering people or property,
“no-call/no-show,” or other serious misconduct. OC San may substitute documented suspensions
without pay for written reprimands.
10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a
post-disciplinary hearing. The request must be submitted to the Director of Human Resources, or
designee, within ten (10) business days following the effective date of the disciplinary action (for
suspensions, the effective date will be the first business day following the final day of the suspension).
The Director of Human Resources, or designee, will schedule a post disciplinary hearing with the
General Manager or a hearing officer selected by the General Manager. The hearing officer may not
be an employee of OC San. The hearing officer will provide a written, advisory decision to the General
Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce
such discipline without the issuance of a further Notice of Intent. The decision of the General Manager
will be final.
10.9. Disciplinary actions will be recorded in employee performance reviews. All disciplinary action
documentation, except verbal reprimand documentation, will be maintained in an employee's
Personnel File in the Human Resources Department. Verbal reprimand documentation will be
maintained in the supervisor’s employee files. Supervisors shall inform management staff when a
verbal reprimand is to be implemented. If after twenty-four (24) months from implementation, there
have been no recurrences of similar incidents; supervisors shall destroy the verbal reprimand
documentation.
10.10. Written reprimands may be removed from an employee’s personnel file twenty-four (24) months
subsequent to the date of the issuance if there has been no recurrence of a similar incident during
the period. If managementIf the Human Resources Department agrees to remove the disciplinary
action documentation from an employee’s personnel file, such documentation will be retained in a
separate file by the Human Resources Department for the purpose of showing that progressive
discipline has been followed or in support of OC San proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this Article will be construed as a waiver of any statutory or
constitutional rights.
10.12. A reduction in pay or a demotion to a classification with a lower pay grade that is not a result of
performance deficiencies (for example, reclassifications, “bumping” associated with layoffs,
reasonable accommodation) will not be considered discipline.
ARTICLE 11. GRIEVANCE PROCEDURE
11.1. A grievance is any complaint that management has violated a specific provision of this Agreement,
except that, in accordance with Article 10 above, discipline, which requires a Notice of Intent, may not
be reviewed under this Grievance Procedure.
11.2. A grievance may be brought to the attention of OC San by an individual employee within the Unit or
by Local 501. OC San may not bring a grievance through this procedure. Grievances brought by two
(2) or more employees, and concerning the same incident, issue, or course of conduct, or multiple
grievances brought by the same employee may, upon mutual agreement of OC San and Local 501,
be consolidated for the purposes of this procedure.
11.3. Employees are encouraged prior to bringing forward a formal grievance, to discuss the issue with the
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Director of Human Resources, or designee, in an effort to bring about an informal resolution.
11.4. An employee may be self-represented or be represented by Local 501 at all steps of the Grievance
Procedure unless specifically agreed otherwise by Local 501 and the employee. OC San will provide
a copy of all written grievance settlements to Local 501. Any reference to days in this Article means
business days, Monday through Friday, excluding recognized holidays.
11.4.1. Step 1. An employee will submit his/her complaint in writing to his/her immediate
supervisor, or designee, within ten (10) days of the occurrence of the event giving rise to
the complaint, or within ten (10) days from the time that the employee became aware of
such event. The supervisor, or designee, will attempt to resolve the issues surrounding
the complaint, and respond in writing to the employee within ten (10) days.
11.4.2. Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the
employee's Division Manager, or designee, with a copy provided to the Director of Human
Resources, or designee. This request for formal review must be presented on a form
provided by OC San within ten (10) days of the conclusion of Step 1. The written
grievance must:
11.4.2.1. Identify the specific management act to be reviewed;
11.4.2.2. Specify how the employee was adversely affected;
11.4.2.3. List the specific provisions of the MOU that were allegedly violated and
state how they were violated;
11.4.2.4. Specify the remedy requested; and
11.4.2.5. Provide the date of attempts at informal resolution and the name of the
supervisor or individual involved.
11.4.2.6. The Division Manager, or designee, will respond in writing to the employee
within ten (10) days after the date the grievance is received.
11.4.3. Step 3. If a grievance is not settled under Step 1 or Step 2, it may be presented to the
employee’s Department Director, or designee, for review and written response. The
request for formal review must be presented on a form provided by the OC San within
five (5) days of the conclusion of Step 1 or 2, and must contain the information specified
in Step 2 above. A copy of each written communication on a grievance will be filed with
the Director of Human Resources, or designee. The Department Director, or designee,
will respond in writing to the employee within ten (10) days after the date the grievance
is received.
11.4.4. Step 4. If the grievance cannot be resolved under Step 3, it may be presented to anthe
Assistant General Manager, or designee, within five (5) days from the date the Step 3
finding was issued. The Assistant General Manager, or designee, will respond in writing
to the employee within ten (10) days after the date the grievance is received.
11.4.5. Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance
Procedure. If the grievance cannot be resolved under Step 4, it may be presented to the
General Manager, or designee, within five (5) days from the date the Step 4 finding was
issued. The General Manager, or designee, shall respond in writing to the employee
within ten (10) days after the date the grievance is received. The decision of the General
Manager, or designee, is final.
11.5. General Provisions. An employee will be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by a Local 501 Shop Steward, the employee
representative will be given reasonable time off without loss of pay to perform this responsibility.
Absence from work will be approved only if it does not cause disruption to OC San operations.
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However, if the time requested cannot be provided, an alternate time will be arranged.
11.6. Failure of a management representative to respond within the appropriate time limit will provide a
basis for the employee appealing to the next step. If a grievance is not presented or appealed within
the time limits, it will be considered resolved on the basis of the preceding response. The Director of
Human Resources, or designee, may be petitioned in writing to waive the step or time requirements
provided sufficient cause exists. Time limits may also be extended at any step upon mutual agreement
of the parties.
11.7. Resolution may be agreed upon at any stage of the grievance process. However, the Local 501 will
be notified prior to the resolution of any formal grievance matter.
ARTICLE 12. PROBLEM SOLVING PROCEDURE
12.1. Employees may bring problems to the attention of OC San 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. Counseling and performance appraisals are not subject to
the problem solving process. Any reference to days in this Article means business days.
12.2. Step 1: An employee will submit his/her issue that is not subject to the Grievance Procedure in writing
to his/her supervisor, or designee, within ten (10) days of the occurrence of the event giving rise to
the complaint or within ten (10) days from the time that the employee became aware of such event.
The supervisor, or designee, will review the situation or decision, and provide a written response
within five (5) days from the date they were notified of the problem.
12.3. Step 2: If the problem is not resolved to the employee's satisfaction, a written statement concerning
the problem may be filed with the employee’s Division Manager or designee, within ten (10) days of
receipt of the supervisor's decision. The employee raising the issue will be provided a written response
from the Division Manager, or designee, within ten (10) days after their statement is received.
12.4. Step 3: If a problem is not settled under Step 1 or Step 2, it may be presented within ten (10) days to
the Director of Human Resources, or designee, who, at their discretion, may form a Work Issues
Committee, comprised of the employee’s Department Director, or designee, another management
representative and two (2) Local 501 representatives. The Work Issues Committee may convene to
cooperatively review and develop recommendations for solution(s) to the problem. The Director of
Human Resources, or designee, may utilize the committee’s recommendation(s) to respond in writing
to the employee within fifteen (15) days after the date the problem is received.
12.5. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the
Director of Human Resources, or designee, is final.
ARTICLE 13. SALARY ADJUSTMENTS AND COMPENSATION
13.1. Merit Pay Step System
13.1.1. Each pay grade is divided into five (5) steps, with an approximate 5.0% difference
between each step.
13.1.2. Pay increases will only apply to eligible employees in an active payroll status on the
effective date of implementation. Eligible employees will not receive retroactivity if active
payroll status becomes effective after the date of implementation.
13.2. Merit Pay
13.2.1. Step Increase Pay – Bargaining unit employees will be eligible for Step Increase Pay
based upon receipt of year-end performance appraisal ratings issued by the assigned
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supervisor. Step Increase Pay will be paid according to the following:
13.2.1.1. Eligible - Employees must have a proficient year-end performance appraisal
to receive a one (1) step base-building salary increase until earning
placement at step five (5).
13.2.1.2. Ineligible - Employees who are placed on a Performance Improvement Plan
(PIP) due to a needs improvement performance review on the year-end
appraisal or who are on a PIP at the time of the year-end appraisal period
will remain at their current step until the PIP is satisfactorily completed.
13.2.1.3. Performance Management Program: The performance management
program includes three (3) rating categories (exceeds, proficient, and needs
improvement) for performance appraisals.
13.2.2. Development Pay – Employees under this Agreement will be eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a lump-
sum amount each pay period. Employees must have a proficient year-end performance
appraisal to be eligible for the following Development Pay types:
13.2.2.1. Education – Eligible employees who have completed a degree of approved
subjects at an accredited college or university will receive $25.00 per pay
period for an associate degree and $50.00 per pay period for an
undergraduate degree. The maximum amount of Education pay is fixed at
$50.00 per pay period.
13.2.2.2. Certification/License – Eligible employees who obtain an OC San approved
certification or license will receive $15.24 per pay period per certificate or
license with a maximum of three (3) certificates and/or licenses. The
maximum amount of certification/license pay for any combination of
certificates and/or licenses is fixed at $45.72 per pay period.
13.2.2.2.1. The overall maximum Development Pay for any combination of
education, certification and/or licenses is fixed at $95.72 per pay
period.
13.2.2.2.2. Grade V Pay – Employees who receive Grade V pay in
accordance with the applicable OC San policy are ineligible to
receive Development Pay for their Grade V California
Wastewater Treatment Plant Operator Certificate. Employees
who possess a Grade V Certificate and do not meet the criteria
for Grade V Pay are eligible for Development Pay in accordance
with the Development Pay Program Guidelines.
13.2.2.2.3. Employees who are placed on a PIP due to a needs
improvement performance review on the year-end performance
appraisal are not eligible for Development Pay until the PIP is
satisfactorily completed.
13.2.2.2.4. Employees who are placed on a PIP due to needs improvement
performance outside the year-end appraisal will have all
Development Pay suspended until the PIP is satisfactorily
completed. The return of Development Pay will not be
retroactive.
13.3. Salary Range Adjustments
13.3.1. Effective the first pay period in July 20225, employees under this Agreement will receive
salary range adjustments at a flat rate of 4.5%.
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13.3.2. Effective the first pay period in July 20236, employees under this Agreement will receive
salary range adjustments at a flat rate of 4.05%.
13.3.3. Effective the first pay period in July 20247, employees under this Agreement will receive
salary range adjustments at a flat rate of 3.50%.
13.3.4. One-time Lump Sum Payment – Employees hired or promoted into the Group as of the
last day of the first full pay period in July 20225 will receive a $20001,000 one-time
payment. The payment shall not apply to employees hired after the first full pay period
following approval and adoption of the Agreement.
ARTICLE 14. SEVERANCE PAY
14.1. Except for disciplinary cause or release from probation, when a full-time employee is terminated by
action of OC San, the employee will be notified in writing two (2) weeks prior to the effective separation
date. In the event OC San does not give such notification, the employee will be entitled to severance
pay in accordance with the formula set forth below:
14.1.1. Full-time, regular employees will be entitled to eight (8) hours pay for each full calendar
month of continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2. Employees in limited term or part-time positions, probationary employees and employees
who are separated for cause are not eligible for severance pay under any circumstances.
ARTICLE 15. DEFERRED COMPENSATION
15.1. Employees may participate in OC San approved deferred compensation plan subject to IRS
requirements, and in accordance with all guidelines for voluntary participation established by OC San
management.
15.2. Effective the first full pay period in July 2022, employees covered by OCERS Plans B and U who
participate in the deferred compensation plan, are eligible to receive up to $98 per month matching
OC San contribution. Effective the first full pay period in July 2023, employees covered by OCERS
Plans B and UEmployees covered by OCERS Plans B and U and who participate in the deferred
compensation plan, are eligible to receive up to $168 per month matching OC San contribution.
Effective the first full pay period in July 2025, employees covered by OCERS Plans B and U and who
participate in the deferred compensation plan, are eligible to receive up to $335.37 per month
matching OC San contribution. Effective the first full pay period in July 2026, employees covered by
OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive
up to $383.64 per month matching OC San contribution.
ARTICLE 16. HOLIDAYS
16.1. For the purpose of OC San’s business calendar, the days listed below are observed by OC San as
holidays. Employees who are assigned to eight (8), nine (9) or ten (10) hour shifts, Monday through
Friday, will observe the holidays listed in Schedule A. Employees who are assigned to twelve (12)
hour shifts will observe the holidays as listed in Schedule B. Employees shall receive holiday pay if
their entire scheduled work shifts immediately preceding and following the holiday are in a paid payroll
status, meaning the employee worked those shifts or utilized paid time off in lieu of working those
shifts. When an employee’s work schedule requires that they work on an observed holiday, the
employee shall be paid at his/her regular rate of pay for the holiday, or receive an equivalent amount
of Holiday Compensatory Time Off if requested by December 31 of the prior year on the Holiday
Comp Cashout Form. Employees shall also receive premium pay at the rate of one and one half (1.5)
times their regular hourly rate for all hours actually worked. Employees with a compensatory time off
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balance in excess of fifty (50) hours as of the last pay period ending in October will receive a
mandatory payout for the hours that exceed fifty (50).
SCHEDULE A
HOLIDAYS 20236 20247 20258
New Year's Day
January 21 January 1
January 1December
31
Martin Luther King, Jr. Day January 1619 January 1518 January 2017
President's Day February 2016 February 1915 February 1721
Memorial Day May 2925 May 2731 May 2629
Independence Day July 43 July 45 July 4
Labor Day September 47 September 26 September 14
Veteran's Day November 1011 November 11 November 1110
Thanksgiving Day November 2326 November 2825 November 2723
Day after Thanksgiving November 27 November 26 November 24
Day before Christmas December 24 December 23 December 25
Christmas December 25 December 24 December 26
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SCHEDULE A
HOLIDAY 2023 2024 2025
Day after Thanksgiving November 24 November 29 November 28
Day before Christmas December 25 December 24 December 24
Christmas December 26 December 25 December 25
Floating Holiday See 16.2 See 16.2 See 16.2
SCHEDULE B
HOLIDAY 20236 20247 20258
New Year's Day January 1 January 1 January 1
Martin Luther King, Jr. Day January 1619 January 1518 January 2017
President's Day February 2016 February 1915 February 1721
Memorial Day May 2925 May 2731 May 2629
Independence Day July 4 July 4 July 4
Labor Day September 47 September 26 September 14
Veteran's Day November 11 November 11 November 11
Thanksgiving Day November 2326 November 2825 November 2723
Day after Thanksgiving November 2227 November 2926 November 2824
Day before Christmas December 24 December 24 December 24
Christmas December 25 December 25 December 25
Floating Holiday See 16.2 See 16.2 See 16.2
16.2. Floating Holiday: Employees will be granted "Floating Holiday" hours equal to and no less than one
(1) regular workday during each calendar year. Floating Holiday hours may be utilized in one-quarter
(0.25) hour increments. New employees shall be granted a “Floating Holiday” on a pro-rata basis in
the first calendar year of service per the following table:
Hire Date Percent
1st Quarter (January-March) 100%
2nd Quarter (April-June) 75%
3rd Quarter (July-September) 50%
4th Quarter (October-December) 0%
16.3. Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject
to cash out or eligible for any mandatory payout regardless of reason. Every effort will be made to
approve an employee's request for a "Floating Holiday" off providing sufficient notice is given.
ARTICLE 17. HOURS OF WORK
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17.1. For record keeping and accounting purposes, the “workweek” for full-time employees is forty (40)
hours per 168-hour period, to be paid on a biweekly payroll basis of eighty (80) hours worked.
Employee work periods may be scheduled in shifts of four 9-hour days and one 4-hour day each
workweek (9/80), five 8-hour days each workweek (10/80), four 10-hour days each workweek (8/80),
or three 12-hour days and one 4-hour day each workweek (7/80). The starting and ending times of
employees’ workweeks may vary but will be subject to a bid agreement based on seniority. The
regular hours of work for each shift will be consecutive and will be posted. Current practices regarding
hours of work for Maintenance personnel and meals for Operations personnel will continue. The
regular hours of work for each shift will be consecutive, divided only by normal breaks or rest periods.
Work schedule and shift start and stop times will not be adjusted to avoid payment of overtime.
17.2. OC San may, in accordance with Article 6 – OC San Rights, change an employee’s work schedule
and/or work location with a thirty (30) day written notice to the affected employee. The change will not
be made as a disciplinary action or to avoid payment of overtime. The thirty (30) day written notice
will not apply to shift changes pursuant to Article 49.
17.3. The last fifteen (15) minutes of an Eemployee’s work shift will be designated as their cleanup period.
If the employee’s work shift is extended, the fifteen (15) minute cleanup period shall occur at the end
of the extended period. Employees may not avoid the cleanup period and end their shift before its
scheduled ending time.
17.4. Employees will receive paid rest periods not to exceed ten (10) minutes no more than twice in an
eight (8), nine (9) or ten (10) hour shift or three (3) times for a shift of more than ten (10) hours. Each
shift will contain a minimum thirty (30) minute meal period for every six (6) hours of work. Meal and
rest periods may not be avoided or accrued for the purpose of obtaining time off or shortening the
regular shift. If an employee reports to work as scheduled and was not notified that his/her hours had
been changed, he/she will receive two (2) hours pay at the overtime rate.
17.4.1. When employees from the Collections Division are assigned to line cleaning (gravity crew)
as part of a road crew and actively working an assignment, the supervisor may authorize
a paid thirty (30) minute meal period, understanding employees may be required to perform
work and work through lunch as necessary.
17.5. Operations
17.5.1. For purposes of this Article, the day shift is defined as an assigned work shift of at least
seven (7) consecutive hours, between 0600 hours and 1800 hours. The night shift is defined
as an assigned work shift of at least seven (7) consecutive hours, between 1800 and 0600
hours.
17.5.2. Any employee who declares that an individual hardship exists should submit a request, to
be excluded from the twelve (12) hour workweek, to the Human Resources Department.
Human Resources will determine if there is a valid employee hardship, on a case-by-case
basis, and notify the Local 501 representative of the decision.
17.6. Maintenance
17.6.1. Maintenance: Except where otherwise provided below, the official workweek for full-time
represented personnel in Maintenance will be forty (40) hours per week. The workweek will
consist of a four (4) consecutive day work schedule with ten (10) consecutive daily hours
in a workday with a one-half (½) hour unpaid lunch.
17.6.2. The workday will be 6:00 a.m. to 4:30 p.m. The workweek will begin on a Monday or a
Tuesday and end on the corresponding Thursday or Friday. All hours greater than 40- hours
in an individual’s assigned workweek will be considered overtime and paid at one and one-
half (1.5) times the regular rate of pay.
17.6.3. Disputes over days off will be handled on the basis of seniority except when OC San can
demonstrate a business necessity.
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17.6.4. Co-Generation: For purposes of this Article, the day shift is defined as an assigned work
shift of at least seven (7) consecutive hours, between 10:00 a.m. and 10:00 p.m., which is
inclusive of the Passdown period. The night shift is defined as an assigned work shift of at
least seven (7) consecutive hours, between 10:00 p.m. and 10:00 a.m., which is inclusive
of the Passdown period. In exigent circumstances where an employee is required to be
present outside of the regular shift, overtime may be authorized by management.
17.7. Any employee who declares that individual hardship exists based on their assigned schedule, should
submit a request 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.
ARTICLE 18. CALL-BACK PAY
18.1. When an employee is called back to work by OC San management without prior notice, and the
employee has completed his/her normal work shift and left the work station; when prior notice is given
but the work begins on the same day at least three (3) hours after completion of the regular shift; or
when an employee assigned to standby is actually called to work, the employee will receive a
minimum of three (3) hours of call back pay. The three (3) hour minimum, whether or not actually
worked, will be paid at the rate of one and one half (1.5) times the regular hourly rate.
18.2. The call back period shall begin when the standby employee has been informed by OC San to return
to work. The call back period shall end when either the employee arrives at his or her residence or
the original destination; in either case, the employee must inform OC San upon arrival.
18.3. If the call back period has ended and the employee is called back to work (whether within or outside
of the 3-hour minimum timeframe), a new call back period will be started and the employee will be
eligible for at least the 3-hour minimum call back pay.
18.4. If the call back period has not ended and the employee is called back to work (whether within or
outside of the 3-hour minimum timeframe), the call back period and associated pay will continue but
the employee will not be eligible for another 3-hour minimum call back pay.
18.5. Call back pay is applied per call back and not per work assignment or work order.
18.6. Call back work performed by employees on standby assignments is intended for activities that are
imperative and not routine in nature, as determined by the applicable on-duty Operations Supervisor
or designee.
18.6.1. In some instances, if call back work can be postponed for several hours, the Operations
Supervisor or designee will do so as a courtesy to the employee and to allow for the work
to be performed during daylight or day shift. For instance, a breakdown occurs at 3:00 a.m.
but work can be postponed a few hours so the standby employee can be called in at 6:00
a.m.
18.7. Fatigue Time: The intent of fatigue time is to provide eight (8) hours of rest between the end of an
employee's overtime/call-back work and the start of the next regularly scheduled work shift, by
replacing regular scheduled straight time hours with paid rest time. Fatigue time shall not be
considered unscheduled time off, and consistent with OC San Non-Base Building Pay policy, fatigue
time will be considered scheduled leave for purposes of calculating overtime pay. Employees are
responsible for obtaining supervisor approval in advance and accurately reporting fatigue time in the
timekeeping system.
If an employee is required to perform sixteen (16) hours or more of work in a rolling twenty-four (24)
hour period and the completion of the work results in less than eight (8) hours of rest prior to the start
of the employee's next regularly scheduled shift, the following options will be made available:
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18.7.1. Nearby hotel options, as identified in the Standby Process Guidelines: OM - SOP-03-002,
will be made available to employees to reduce travel time returning to their home, as well
as returning to work for their next scheduled shift; and/or,
18.7.2. The employee will be given the option to delay the start time of their next shift for up to eight
(8) hours, and will be compensated with fatigue time at their straight time rate of pay. For
example, for an employee in maintenance who is regularly scheduled to work from 6:00 am
to 4:30 p.m., who is held over to work until midnight, would be given the option to delay
their 6:00 a.m. start time until 8:00 a.m. The employee would receive two (2) hours of
fatigue time at straight time pay;
18.7.3. If upon completion of fatigue time, there are two (2) hours or less remaining in the
employee's regularly scheduled shift for that day, the employee may elect to use accrued
leave time and shall not be considered unscheduled time off, subject to supervisor
approval. If the supervisor determines there is a legitimate business necessity, an
employee may be required to report for the remainder of their regularly scheduled shift.
ARTICLE 19. STANDBY PAY
19.1. Treatment Plant: 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. Each plant
maintenance craft may create a standby list of a minimum of three (3) employees. Standby lists shall
first be populated by volunteers. If, after allowing for volunteers, the standby list still does not meet
the three (3) employee minimum, OC San shall populate the remaining vacant slots of the standby
list by means of reverse seniority within the division. Employees who volunteer or are mandated to
be on the standby list shall be competent, experienced, journey level employees. Employees who are
on their initial probation shall be eligible for standby the first day of the pay period following six (6)
months of employment without a break in service.
19.1.1. Each craft may create additional standby lists if anticipated work requires a specific skill set
that may not be readily available on the existing standby list. If additional standby lists are
required, affected employees will be notified.
19.2. Collections System: Standby is time during which an employee is not required to be at the work
location or at the employee’s residence but is required to be available for immediate return to work.
The standby list for the Collections division will contain a minimum of six (6) employees; three (3)
employees for primary standby and three (3) employees for secondary standby. The standby list shall
first be populated by volunteers. If, after allowing for volunteers, the standby list still does not meet
the six (6) employee minimum, OC San shall populate the remaining vacant slots of the standby list
by means of reverse seniority within the division. Employees who volunteer or are mandated to be on
the standby list shall be competent and experienced, having one (1) of the following:
a. at least eighteen (18) months of experience within the Collection Division, and be at a
Mechanic job classification level; or
b. at least four (4) years of experience within the Collections Division.
19.2.1. Employees who are on their initial probation shall be eligible for standby the first day of the
pay period following six (6) months of employment without a break in service.
19.3. Employees shall not complete more than two (2) consecutive weeks of standby without a seven (7)
day break between standby assignments.
19.4. Employees on standby will be compensated at the rate of $550 per week. Effective the first full pay
period in July 2025, employees on standby will be compensated at the rate of $600 per week.
19.4.1. Employees whose standby assignment include an OC San recognized Holiday will be
compensated with two (2) hours of straight time pay.
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19.5. Special Risk Standby: In the event of a “special risk,” (e.g., based on seismic, weather, high-flow,
and/or high impact events), the Director of Operations & Maintenance or his/her designee may
designate specific additional classifications to be on “Special Risk” standby. Employees on Special
Risk standby will be compensated on a pro-rated, daily basis, $78.57 for each day on Special Risk
standby.
ARTICLE 20. INSURANCE
20.1. OC San will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period will be held annually.
20.3. Medical Insurance
20.3.1. OC San will provide medical health insurance coverage through a Health Maintenance
Organization (HMO) medical insurance plan, a Preferred Provider Organization (PPO)
medical insurance plan, and a High Deductible Health Plan (HDHP).
20.4. Regular, full-time employees:
20.4.1. OC San will contribute 90% of employee only premiums for the HMO medical health plans
and 80% of employee only premiums for the PPO and HDHP medical health plans. OC San will
contribute 80% for employee +1 dependent and full family premiums for the HMO or, PPO or
HDHP medical plans. Any change in insurance rates will be shared equally in same ratio as
OC San and employees currently pay premiums. Before the renewal of any OC San's
sponsored health insurance plan, the parties agree to meet and confer as to changes in the
plan.
20.4.2. The HDHP will be accompanied by a Health Savings Account (HSA) to pay for qualified
medical expenses. OC San will use a portion of the cost savings in premiums to fund the HSA
accounts during active employment only. The HSA will be funded with the savings generated
annually by calculating the difference between OC San’s share of the PPO and HDHP
premiums. Exact HSA account funding will be calculated annually, prior to open enrollment,
in an amount up to the difference in deductibles, not to exceed OC San's aforementioned
annual premium cost savings.
20.4.3. OC San may reopen negotiations at any time during the term of the MOU to address the
impact of the Affordable Care Act (ACA), provided that no change may be made by OC San
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unless such change is either (1) mandated by the ACA or, (2) mutually agreed upon by the parties.
20.5. Group Insurance Premiums
20.5.1. Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
20.6. Life Insurance
20.6.1. OC San will pay up to the full premium for $50,000 term life insurance on each employee according to the plan terms,
which provide for reductions at specific ages.
20.7. Short Term Disability
20.7.1. OC San will provide a non-work related, short-term disability indemnity plan that provides benefits for employees
equal to California’s State Disability Insurance (SDI) program for up to twenty-six (26) weeks following a fourteen
(14) calendar day waiting period.
20.8. Long Term Disability
20.8.1. OC San will provide a non-work related, long-term disability indemnity plan that pays two- thirds of the employee's
rate of pay in effect at the time of such disability, not to exceed $5,000 per month, up to age 65, following a 90-day
waiting period of continuous disability, at such time that an employee completes five (5) years of service.
20.8.2. For participants age 64 and younger, the maximum period of payment is based on the Social Security Act
retirement age of 65. For participants age 65 and older, the maximum period of payment is specified. The specified
periods and additional information about coverage is included in OC San’s long-term disability plan contract
accession on the intranet.
20.8.3. No combination of disability or sick leave pay will result in more than an employee's regular rate of pay. Employees
may not receive short-term and long-term disability benefits at the same time. An employee who is otherwise not
eligible for OC San paid Long Term Disability may purchase such coverage at his or her own expense.
20.9. Dental Insurance
20.9.1. OC San will contribute 80% of employee only and 80% of full family premiums for dental insurance.
20.10. Vision Insurance
20.10.1. OC San will provide a vision insurance plan for regular, full-time employees and eligible dependents.
20.11. Retiring Employees
20.11.1. OC San will pay, for employees hired prior to July 1, 1988, two and one-half (2.5) months' premium for each year
of continuous service of a retiring employee towards the premium costs of coverage for the employee and eligible
dependents under OC San’s medical plan.
20.11.2. In the event OC San adds additional optional insurance plans, OC San’s share of the premium will be the same
as for existing plans as set forth above. In the event OC San changes underwriters for existing insurance plans,
the OC San’s share of the premium will be the same as for existing insurance plans as set forth above.
20.11.3.20.11.1. OC San will continue to implement the retiree medical health premium offset program wherein the cost
of health premiums are offset by ten dollars ($10) per month for every full year of continuous service up to a
maximum of 25 years or two hundred fifty dollars ($250) per month.
20.11.4.20.11.2. Continuous service is calculated based on benefitted employment. Time as an intern or in non-benefitted
status shall not count toward continuous service.
ARTICLE 21. REIMBURSEMENT ACCOUNT
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21.1. Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion of the cost of
benefits under the Plan through salary redirection arrangements. The options available under the flexible benefits program
are listed below. This is a brief overview of the different options. For complete information regarding Flexible Spending
Accounts employees must refer to the plan booklet available in the Human Resources Department.
21.2. Medical Care Reimbursement Account
21.2.1. The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds
in a Medical Care Reimbursement Account for purposes of reimbursing himself/herself for payment of health
care costs not otherwise covered by his/her medical insurance.
21.3. Dependent Care Assistance Account
21.3.1. The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds
in a Dependent Care Assistance Account for purposes of reimbursing himself/herself for childcare expenses or
day care for a disabled dependent.
ARTICLE 22. OVERTIME
22.1. Employees will be notified as soon as practicable after OC San decides upon the need for overtime or additional work.
OC San may require the performance of overtime. In the event no qualified employee wishes to work overtime, OC San's
management may select employees with the ability to perform the work by inreverse seniority. OC San managers will
attempt to evenly distribute overtime among employees based upon an employee's ability to perform the overtime work.
22.2 For the purposes of overtime calculation, all time charged to unscheduled leave will not be counted as time worked. Pay
for overtime will not occur until after work time (which includes scheduled leave) of forty (40) hours in a seven (7) day
workweek is reached.
ARTICLE 23. PROBATIONARY PERIOD
23.1. All new employees and employees who are reassigned or laterally transferred serve an initial probationary period
beginning with the date of hire, reassignment or transfer and extending to at least the first day of the pay period following
one-year of employment without a break in service. Extended absence without pay, short-term and long-term disability and
Workers' Compensation leave does not provide an opportunity to judge an employee’s capability to meet performance
expectations for a position, and thus the time spent on such leaves will not be included towards completion of the
probationary period and may result in an extension.
23.2. All new employees who are hired in apprenticeship and/or trainee positions shall serve an initial probationary period
beginning with the date of hire and extending to at least the first day of the pay period following the complete period of
training for the position, without a break in service. Extended absence without pay, short-term and long-term disability and
Workers' Compensation leave does not provide an opportunity to judge an employee’s capability to meet performance
expectations for a position, and thus the time spent on such leaves will not be included towards completion of the
probationary period and may result in an extension.
23.3. Employees who are rehired following a break in service must complete a new probationary period whether or not one was
previously completed.
23.4. New employees serving their initial probationary period shall be eligible for Development Pay and/or certification/license
reimbursement the first day of the pay period following six months of employment without a break in service.
23.5. An employee may be released during his/her initial probationary period at the discretion of OC San without recourse to
the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at-will” during his/her initial Probationary Period).
Employees within the initial probationary period do not have any property rights in their job during probation and may be
separated with or without cause.
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ARTICLE 24. PROMOTIONS
24.1. A promotion is the appointment of an employee to another classification with a higher maximum rate of pay. OC San will
determine whether a vacant position will be filled as an openexternal or promotional opportunity orinternal recruitment.
Whenever OC San intends to fill a position by promotion, OC San will post the opportunity for a minimum of ten (10)
business days. Employees must apply during the period of posting. Notices will be posted on OC San’s intranet. If the
promotion is for a classification that is subject to Department of Transportation requirements, the employee selected for
promotion must successfully complete alcohol and controlled substances testing in order to be promoted.
24.2. A promoted employee will serve a promotional probationary period lasting at least until the first day of the pay period six
(6) months after the effective date of the promotion. At any time during the promotional probationary period, an employee
may be returned to his/her previous position. If the employee does not pass the probationary period, OC San shall return
the employee to his or her previous position or an equivalent position. The promotional probation period may be extended
by mutual agreement between the employee and OC San’s management for up to ninety (90) days. If an employee is
promoted during his/her initial probationary period, the period will be extended until at least the first day of the pay period
six (6) months after the effective date of the promotion.
24.3. Promoted employees will receive the equivalent of a one (1) step increase in pay, not to exceed the top of the range for
the new classification or the minimum rate of the new classification whichever is greater.
ARTICLE 25. RETIREMENT
25.1. OC San will continue participation in the Orange County Employees Retirement System (OCERS), wherein all full-time
employees are considered members. The following retirement program is in effect pursuant to the contract between
OCERS and OC San.
25.1.1. Employees hired on or after September 21, 1979 and before July 1, 2011: OC San will continue to contract with
OCERS to provide the 2.5% @ 55 benefit formula (Plan H) based on the highest consecutive thirty-six (36) months
average earnings, past and future service.
25.1.1.1. OC San will continue to pay 3.5% of an eligible employee’s base salary towards the employee’s
contributions to OCERS.
25.1.2. Employees hired on or after July 1, 2011 and before January 1, 2013: The OC San will contract with OCERS to
provide the 1.667% @ 57.5 benefit formula (Plan B) based on the highest consecutive thirty-six (36) months
average earnings, past and future service.
25.1.2.1. OC San will pay 0% of an eligible employee’s base salary towards the employee’s contributions to
OCERS.
25.1.3. Employees hired on or after January 1, 2013: OC San will contract with OCERS to provide the 2.5% @ 67 benefit
formula (Plan U - PEPRA) based on the highest consecutive thirty-six
(36) months average earnings, past and future service.
25.1.3.1. OC San will pay 0% of an eligible employee’s base salary towards the employee’s contribution to
OCERS.
25.1.4. All monies actually contributed into the retirement system by an employee will be deducted from gross salary for
taxation purposes in accordance with Internal Revenue Code provisions.
ARTICLE 26. SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of fifty percent (50%) or more of the hours between 6:00
p.m. and 6:00 a.m. and who actually work that shift will receive a shift differential of $3.00 per hour.
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ARTICLE 27. LEAVE-OF-ABSENCE WITH PAY
27.1. Personal Leave
27.1.1. Personal leave is provided to allow employees time off with pay for vacation, personal business and illness or
injury. Personal leave is accrued by full-time employees for all paid hours, including hours actually worked and
hours in a paid-leave payroll status, on a biweekly basis as follows:
Years of Service Hours-
Biweekly
Hours-
Annual
In years 0 through 1 3.08 80
In years 2 through 4 5.38 140
In years 5 through 10 6.92 180
In year 11 7.23 188
In year 12 7.54 196
In year 13 7.85 204
In year 14 8.15 212
In year 15 8.46 220
In year 16 8.69 226
In year 17 8.92 232
In year 18 9.15 238
In year 19 9.38 244
In year 20 and over 9.62 250
27.1.2. When unpaid absences occur, personal leave accruals will be applied by straight proration of leave accruals based
on the number of hours actually worked, and is applicable to all types of leave, whether legally protected or not.
27.2. Scheduled Time Off
27.2.1. Management will make reasonable effort, considering the operational needs of OC San, to accommodate all
employee requests for time off. Scheduled time off should normally be requested at least two (2) weeks in advance
to increase the likelihood of those dates being approved.
27.2.2. Employees with at least one (1) year’s service must request and take at least forty (40) hours off each year.
27.2.3. Supervisor absences will not affect an employee’s ability to schedule time off unless the time off request is
submitted within two (2) weeks of the date requested.
27.2.4. Requests for time off that are submitted beyond six (6) months shall not be approved unless the request is for at
least one (1) week in duration. These requests shall be approved based on seniority. Requests for time off that
are less than one (1) week in duration must be submitted within six (6) months of the date requested. Time off
requests that are submitted within six (6) months shall be approved on a first-come, first-serve basis based on
staffing
requirements. Excessive single or partial day requests for time off may be cause for denial if the absence(s) is
found to negatively impact the effectiveness of work teams, scheduling of work, training, and the ability to take
multiple days off by other staff.
27.2.5. Full-day time off requests with less than twenty-three (23) hours’ notice shall be considered unscheduled. All other
time off requests, including partial day time off requests, must be requested in accordance with the provisions of
this Article and may be considered scheduled at management’s discretion based on business needs.
27.3. Unscheduled Time Off
27.3.1. Personal leave provides income protection to an employee unable to work due to illness, injury or pregnancy,
caring for an ill or injured member of his/her immediate family or other personal emergency. Unscheduled time off
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must be accounted for by completion of an Unscheduled Time Off Report upon the employee’s return to work. It
is the responsibility of OC San’s management to control the potential abuse of unscheduled time off privileges.
Tardiness less than fifteen (15) minutes will not be deducted from the employees pay, but numerous occurrences
will be addressed through the progressive discipline procedures. Employees who are more than fifteen (15)
minutes tardy to work must use accrued time off to offset the time away from work. Tardiness of more than fifteen
(15) minutes may be considered unscheduled time off based on excessive occurrences.
27.3.2. Employees must notify their supervisor prior to the start time of their shift when they are unable to report to work.
Any absence that is requested within twenty-three (23) hours of the start of an employee’s work schedule,
excluding protected leaves of absence and bereavement leave, shall be considered unscheduled time off.
27.3.2.1 Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall
be considered “no call/no show” and shall be subject to discipline, up to and including termination.
Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or
more consecutive days will be considered to have abandoned their job and shall be subject to discipline
up to and including termination.
27.3.3. An employee’s attendance record will be reviewed with an employee after five (5) separate occurrences of
unscheduled time off to provide an opportunity to assess problems that could potentially lead to disciplinary action.
The accumulation of the sixth (6th) and seventh (7th) occurrence within a twelve (12) month period will result in a
verbal warning. The eighth (8th) occurrence will result in a written warning. Employees who are charged with ten
(10) occurrences of unscheduled time off within a calendar twelve (12) month period will be subject to termination.
A rolling (12) month calendar period will be utilized to measure absence occurrences. A “rolling” twelve (12) month
calendar period is measured backward from the date the employee uses the leave. Absences of multiple
consecutive days involving the same injury or illness will be considered a single occurrence. OC San also has the
right to discipline employees on the basis of total absences away from work.
27.3.4. Employees returning from an extended leave should notify their supervisor as soon as possible to facilitate
personnel scheduling.
27.3.5. The employee may be required, at any time, to furnish a certificate issued by a licensed physician or nurse, or
other satisfactory evidence of illness; however, for unscheduled absences of ten (10) consecutive days or more,
a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted
to Human Resources. For absences of one (1) or more working days in an unpaid status, a request for leave and
a medical statement on prescribed forms, stating expected date of return must be submitted to Human Resources.
27.4. Personal Leave and Workers’ Compensation Leave
27.4.1. Employees who are injured in the course of their employment are placed on Workers’ Compensation Leave, and
receive wage loss benefits to which they are entitled under the Workers’ Compensation Act. Employees may
request to receive prorated Personal Leave pay to supplement their Workers’ Compensation payments in an
amount such that the sum of both is equal to the employee’s regular base pay.
27.5. Personal Leave Payoff
27.5.1. Employees who terminate, retire or decease will be paid in full at their current rate of pay for all Personal Leave
hours accrued.
27.6. Maximum Accrual
27.6.1. Employees may have a maximum accumulation of four hundred forty (440) hours of personal leave as of the last
day of the final pay period in December of each year. In the event an employee accrues personal leave in excess
of four hundred forty (440) hours, it must be used prior to said December date. All other remaining hours in excess
of four hundred forty (440) will be paid to the employee in the first pay period in January at the employee’s then
current hourly rate of compensation.
27.7. Sick Leave Bank
27.7.1. Employees who elected to bankhave banked sick leave that was accrued prior to being part of the implementation
of Personal Leave provisionsLocal 501 Unit may elect to use such time off for absence due to a bona fide illness,
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injury or pregnancy; to attend to the illness or injury of an immediate family member; or, for an employee or family
member who is a victim of violence, domestic violence, sexual assault, or stalking, for the purposes described in
Labor Code sections 230(c) and 230.1(a). Employees who retire or decease will be paid at the fifty percent (50%)
rate for all banked sick leave hours; an employee who terminates will be compensated for banked sick leave as
follows:
Banked Sick Leave
Hours Rate of Payoff
0 – 100 0 percent
101 – 240 25 percent
241 – 560 35 percent
Over 560 50 percent
27.7.2. If the need for leave is due to the employee’s own serious health condition, as defined in the Family and Medical
Leave Act (FMLA) or the California Family Rights Act (CFRA), the certification requirement will comply with the
provisions of these Acts.
27.8. Jury Duty Leave
27.8.1. Any full-time employee, including probationary, who is called for jury duty shall be entitled to his or her regular pay
for those hours of absence due to performance of jury duty for a period up to twenty-two (22) working days.
27.8.2. Prior to An employee serving jury duty service, each employee must complete a time off request through OC San’s
timesheet system and provide a copy of obtain an attendance slip from the summonscourt to be submitted to his or
hertheir supervisor with their timesheet in order to be eligible for regular pay for those hours of absence due to jury
duty.
27.8.3. 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.
27.8.4. A copy of the jury notice must be provided to the employee’s supervisor. Employees must report for work during
their regularly scheduled work shift when they are relieved from jury duty, unless there is less than one-half (½)
of their regular shift remaining.
27.9. Witness Leave
27.9.1. Any full-time, including probationary, employee, who is required to be absent from work by a subpoena properly
issued by a court, agency or commission legally empowered to subpoena witnesses, which subpoena compels
his/her presence as a witness, except in a matter wherein he/she is named as a defendant or plaintiff or as an
expert witness, will, upon approval of an online time off request, be entitled to the time necessary to comply with
such subpoena, provided any fees received for such service, exclusive of mileage, are submitted to OC San for
deposit in the General Fund of OC San.
27.9.2. An employee so subpoenaed must submit a copy of the subpoena to his/her supervisor and complete an online
time off request form in order to be eligible for pay for such absence. To be entitled to receive regular pay for such
witness leave, the employee must report for work at OC San for time not actually retained on witness service of
one (1) hour or more prior to and/or upon completion of each day’s service, exclusive of travel time.
27.10. Military Leave
27.10.1.A request for military leave will be made upon leave-of-absence forms approved by the Human Resources
Department and will state the date when it is desired to begin the leave- of-absence and the date of anticipated
return. A copy of the orders requiring such military service will be submitted with the request.
27.10.2.Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 will govern military
leave. In general, current law provides that an employee having one (1) year or more service with a public entity
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is entitled to military leave with pay not exceeding thirty (30) days per year if the employee is engaged in military
duty ordered for purposes of active military training or encampment. An employee who is required to attend
scheduled service drill periods or perform other inactive duty reserve obligations is entitled to military leave without
pay, not exceeding seventeen (17) calendar days per year, although the employee may, at his or her option, elect
to use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive drill period
obligations. Employees who participate in weekend military drill duty are not eligible for leave with pay for such
activity, but may have their regular work schedule changed to accommodate the required time off.
27.11. Bereavement Leave
27.11.1. Any full-time employee, whether probationary or regular, will receive a maximumup to five (5) days of bereavement
leave, thirty-six (36) hours of which will be paid time, for the death or funeral of an immediate family member. An
employee may use existing accruals (i.e., personal leave, compensatory time off) in order to be paid for up to five (5)
days. Bereavement leave shall be used within six (6) months of the death of the immediate family member. Immediate
family member is defined as the employee’s father, step-father, father- in-law, mother, step-mother, mother-in-law,
brother, step-brother, sister, step-sister, husband, wife, domestic partner, biological child, adopted child, step-child,
child of a domestic partner, grandchild, grandparent, foster parent, foster child, legal guardian, or any family member
with whom the employee resides. Employees must submit an online time off request form for approval by their
supervisor. Employees may be required to furnish evidence satisfactory to OC San of the family member’s death
and the employee’s relationship to the deceased family member. Employees may submit requests for bereavement
leave after the six (6) months to the Director of Human Resources or designee, who has the discretion to grant or
deny such requests. Any denial of a request for the use of bereavement leave after the designated six (6) months is
not grievable or otherwise subject to appeal.
ARTICLE 28. LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of OC San to grant employees leaves-of-absence without pay under certain circumstances and in
accordance with state and federal benefit entitlement laws. Except as stated below, employees will not receive
compensation during an unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence prior to
exhausting all paid leave accrual balances, excluding employees protected by PDL (Pregnancy Disability Leave)/FMLA
(Family and Medical Leave Act)/CFRA (California Family Rights Act) for their own serious health condition.
28.2. Using the prescribed forms, approved by OC San management, any full-time, including probationary, or part-time
employees with at least fifty-two (52) weeks of service and at least twelve hundred fifty (1,250) hours of service, may be
granted an FMLA and/or CFRA leave-of-absence without pay, not to exceed twelve (12) weeks in a rolling twelve (12)
month calendar period. A “rolling” twelve (12) month period is measured backward from the date the employee uses the
leave. A request for leaveLeave of absence without payAbsence Request must be made upon prescribed forms in all
instances where an employee is absent without pay for more than five (5) consecutive working days, or for absences of
ten (10) working days or more when using paid sick leave accruals.
28.3. Substitution of Paid Leave
28.3.1. Employees who request FMLA and/or CFRA Leave for qualifying purposes other than the employee’s own serious
health condition will be required to use all accruals before unpaid leave is granted. Paid time off will not accrue
during any pay period that an employee is absent without pay for more than one (1) day.
28.3.2. Personal leave accruals may be used for the care of the employee’s father, step-father, father-in-law, mother,
step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife, domestic partner, biological
child, adopted child, step-child, foster child, legal ward, child of a domestic partner, or a child to whom the
employee stands in loco parentis, grandchild, grandparent, foster parent, legal guardian, or any family member
with whom the employee resides.
28.4. Permissible Uses
28.4.1. FMLA Leave. FMLA Leave may be used for:
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28.4.1.1. The birth of a child or to care for a newborn of an employee;
28.4.1.2. The placement of a child with an employee in connection with the adoption or foster care of a child;
28.4.1.3. The care for the employee’s father, step-father, father-in-law, mother, step-mother, mother-in-law,
brother, step-brother, sister, step-sister, husband, wife, registered domestic partner, biological child,
adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent,
foster parent, legal guardian, or any family member with whom the employee resides who has a serious
health condition, as defined in the Act;
28.4.1.4. The employee’s own serious health condition that renders the employee unable to perform the essential
functions of his or her position, including incapacity due to pregnancy;
28.4.1.5. A qualifying exigency arising out of the fact that an employee’s family member is on covered active duty
or called to covered active duty status in the Armed Forces. A qualifying exigency may include activities
such as making arrangements for childcare, attending counseling relating to the active duty of the
service member, or attending to farewell or arrival arrangements for the service member;
28.4.1.6. The care for the employee’s family member or “next of kin” service member of the United States Armed
Forces who has a serious injury or illness incurred in the line of duty while on active military duty. This
leave may consist of up to twenty-six (26) weeks of unpaid leave during a single 12-month period.
28.4.2. CFRA Leave. CFRA Leave may be used for:
28.4.2.1. The same purposes as FMLA Leave, including the care of a domestic partner or child of a domestic
partnerdesignated person identified by the employee at the time the employee requests leave to care
for that person, and will run concurrently with FMLA Leave.
28.4.2.1.1 Employees are limited to one (1) “designated person” per rolling 12-month period.
28.4.2.2 CFRA Leave may not be used for 1) an employee’s incapacity due to pregnancy, or 2) to care for a family
member or next of kin with a serious injury or illness incurred in the line of duty. However, incapacity due
to pregnancy may entitle an employee to up to four (4) months of pregnancy disability leave under
California’s Pregnancy Disability Leave (PDL) law.
28.5. General Provisions
28.5.1. Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable, OC San requests thirty (30) days’ advance notice.
28.5.2. Medical Certification
28.5.2.1. As a condition of FMLA and/or CFRA Leave because of a serious health condition, OC San may require
certification by the employee’s attending physician in accordance with the Department of Labor (DOL)
regulations.
28.5.2.2. As a condition of FMLA and/or CFRA Leave because of an eligible family member’s serious health
condition, OC San may require certification by the eligible family member’s attending physician in
accordance with Department of Labor (DOL) regulations.
28.5.3. Medical and Dental Premiums
28.5.3.1. During FMLA and/or CFRA Leave, OC San will pay for medical and dental benefits at the same level as
coverage would have been provided if the employee was not on leave. The employee will be required
to pay his or her share of medical and dental premiums. Failure to submit a monthly co-payment, in
full, within forty-five
(45) days of the invoice date will result in loss of group coverage. Coverage will be reinstated upon return
to active employment.
28.5.4. Reinstatement
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28.5.4.1. Upon expiration of FMLA and/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 OC San’s obligation to continue health and
dental or other benefits will cease.
28.5.5. OC San Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave. Married employees will be limited to a combined total of twelve (12) weeks FMLA or CFRA
Leave in a rolling twelve (12) month calendar period for the care of a parent or newly born or placed
child.
28.5.6.28.5.5. General Leave
28.5.6.1.28.5.5.1. Employees who have exhausted all paid time off accruals may request to be granted a general
leave-of-absence by OC San management to attend to personal matters or for FMLA and/or CFRA
qualifying events after the expirations of previously authorized leave.
28.5.6.2.28.5.5.2. During a general leave-of-absence, the employee will be required to pay both OC San’s and the
employee’s share of medical and dental premiums.
28.5.6.3.28.5.5.3. Failure to submit a monthly co-payment, in full, within forty-five (45) days of the invoice date will
result in loss of group coverage. Coverage will be reinstated upon return to active employment.
28.5.7.28.5.6. Return to Work Policy
28.5.7.1.28.5.6.1. An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.5.7.2.28.5.6.2. If it is determined that the job demands of the position last held by the employee are not
compatible with the employee’s restrictions (with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA) and the employee is willing to return to work, placement
in an alternative position, if available, will be considered. The employee will be re-classified as medically
disqualified while alternative positions are being considered. Such time off will be without pay; however,
the employee may elect to use accrued leave hours, such as vacation, sick or personal, to receive
compensation. Placement of an employee in an alternative position requires a pre-placement medical
evaluation for the alternative job.
28.5.7.3.28.5.6.3. If it is determined that the job demands of the position last held by the employee are not
compatible with the employee’s restrictions (and cannot be reasonably accommodated if the employee
is disabled within the meaning of ADA/FEHA) and there is not an alternative position, or the employee’s
restrictions are not compatible with an alternative position, or the employee is not willing to return to
work, the employee will be re-classified as medically disqualified and not permitted to work. Thereafter,
the employee will be retired for disability, if eligible, or dismissed. Such dismissal will not imply
disciplinary action for cause. If requested, the employee’s file will indicate the employee left for personal
reasons.
28.5.8.28.5.7. Bridge of Service
28.5.8.1.28.5.7.1. If an employee is dismissed per Section 28.5.7.3 and then is rehired to a position within OC San
within one (1) year, OC San will bridge the employee’s service date. Bridging of service procedures
involve adding the total number of days away from work to the employee’s original date of hire.
28.5.9.28.5.8. Failure to Return to Work
28.5.9.1.28.5.8.1. If, upon the expiration of FMLA and/or CFRA Leave, or any OC San-approved extension thereof
including General Leave, an employee fails to return to work and no additional leave has been
authorized, the employee will be considered to have automatically resigned from his/her position. In
such cases, the employee will receive advance notification of OC San’s intent to implement an
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automatic resignation.
28.5.10.28.5.9. Compliance with Law
28.5.10.1.28.5.9.1. These leave-of-absence provisions will be interpreted and applied in a manner that is
consistent with the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct
conflict between these provisions, as written or applied, the provisions of law will govern.
ARTICLE 29. CLASSIFICATION STUDIES
29.1. An employee who believes his/her position is not properly classified may submit a written request to the Department
Director asking that a classification study be conducted. The Department Director will acknowledge the request in writing
and review the request for accuracy, and forward it to the Director of Human Resources, or designee, for consideration
and response. Classification studies will only be conducted twice a year in November and during the budget process;
therefore, classification study requests shall be submitted October 1st for the November review and according to the
Finance budget schedule. OC San’s management may also conduct classification studies at their discretion to ensure that
the duties and responsibilities of all employees are appropriately allocated within the classification structure.
29.1.1. The findings of the Human Resources Department are final and not subject to the appeal, problem-solving or
grievance process.
29.1.2. 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 OC San’s Board of Directors.
The recommendations of the classification study will be implemented in the first pay period immediately following
the completion of the study unless the recommendations require action by the Board of Directors prior to
implementation. In such event, the recommendations will be implemented in the first pay period immediately
following authorization by the Board.
29.2. Y-Rating
29.2.1. In the event the duties and responsibilities of a position are allocated to a lower paid classification, the salary of
the incumbent of that position will remain unchanged.
29.2.2. Y-rating will be granted for all reclassifications where employees are working in a job classification with a lower
maximum rate of pay.
29.2.3. The Y-rate will remain in effect until the salary range for the new classification equals or exceeds the employee's
Y-rated salary. Employees become eligible for merit increases and range adjustments when the Y-rate is no longer
in effect.
29.2.4. Career Change – Operator-in-Training: Y-rating will occur when an existing employee is selected as a candidate
for an Operator-in-Training classification when the employee’s hourly rate is higher than the applicable hourly rate
for the Operator-in-Training classification. The Y-rating shall begin with the effective date of the new classification
and continue for eighteen
(18) months. The employee must obtain a Grade I Plant Operator certificate within this eighteen (18) month period.
The employee will serve a probationary period for the first six
(6) months of this eighteen (18) month period. If the employee does not obtain a Grade I Plant Operator certificate
or does not pass probation, the employee will be returned to his/her prior position or an equivalent position.
29.2.5. Career Change – Power Plant Operator I: Y-rating will occur when an existing employee is selected as a candidate
for a Power Plant Operator I classification when the employee’s hourly rate is higher than the applicable hourly
rate for the Power Plant Operator I classification. The Y-rating shall begin with the effective date of the new
classification and continue for twenty-four (24) months. The employee will serve a probationary period for the first
six (6) months of this twenty-four (24) month period. If the employee does not pass probation, the employee will
be returned to his/her prior position or an equivalent position.
29.3. Reopener: OC San and Local 501 agree to reopen this Agreement to meet and confer regarding the comparison agencies
used for any classification and compensation studies.
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ARTICLE 30. DRIVER'S LICENSE
30.1. Employees who are required by OC San to drive must notify their supervisor and the Risk Management Division
immediately upon receipt of any status changes, including but not limited to a suspension or revocation of their California
Driver's License privileges. Failure to do so could result in disciplinary action up to and including separation.
30.2. If an employee whose license is suspended or revoked and is thus unable to perform his/her regular duties and
responsibilities notifies OC San 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 OC San’s
management discretion.
30.3. OC San will continue to pay the license renewals and physical examination costs of Class A &and B licenses that are
specifically required by OC San.
ARTICLE 31. LAYOFF PROCEDURE
31.1. Nothing herein will be construed to require OC San to fill vacant, budgeted positions nor to prohibit OC San from eliminating
vacant positions from the budget. OC San reserves the right to reassign staff to other positions in instances involving job
restructuring, reorganization or due to lack of work.
31.2. If, in the sole discretion of OC San’s management, personnel reductions are necessary, layoff order and recall lists will be
developed based upon job classification, priority of function, job performance, individual qualifications and seniority. Local
501 and employees subject to layoff will be provided with at least two (2) weeks notification in writing whenever possible.
31.3. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which
they remain qualified. Such request must be made in writing to the Human Resources Department within five (5) days of
receipt of the Layoff Notice. The salary of an employee who voluntarily demotes will be unchanged, except that it may not
exceed the top of the range for the lower level classification.
31.4. Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for a period
of two (2) years from the date of layoff. Individuals will be placed on the list in the inverse order of layoff, so that the last
person laid off is the first recalled. When a vacancy occurs in a classification for which a Recall list exists, an offer of
reemployment will be made to the individual on the top of the list. That individual must respond to the offer within five (5)
days, or the offer will be made to the next person on the list. An individual who either does not respond or refuses three (3)
consecutive offers will have his/her name removed from the list.
31.5. All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility
of all employees to keep the Human Resources Department informed of their current address, or where they may be
contacted.
ARTICLE 32. LIGHT DUTY
32.1. An employee who is released by a physician to perform limited duties because of a temporary disability may be assigned
to light duty at the discretion of OC San. Light duty may consist of duties other than those normally performed by the
employee and that are within the employee’s medical restrictions. An employee assigned to light duty will be paid the
regular wage rate for the job classification to which he or she was assigned prior to being temporarily disabled.
ARTICLE 33. MEDICAL EXAMINATION
33.1. When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers his/her own
health or safety, or that of others, OC San 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 OC San’s time and at OC San’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
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in the position.
ARTICLE 34. MILEAGE ALLOWANCE
34.1. Approved use of a personal vehicle for OC San business will be reimbursed at the current IRS rate.
ARTICLE 35. ACTING PAY
35.1. Employees who are assigned by OC San’s management to perform the duties of a budgeted position at a higher level for
a period of at least forty (40) consecutive hours in a pay period will be eligible for a one (1) step salary increase, or the first
step of the range for the higher level classification, whichever is greater. The higher rate of pay begins with hour forty-one
(41) and continues until the assignment ends or the six (6) month limitation has been reached at which time a determination
will be made as to whether the position should or should not be posted. Requests for acting pay require the pre- approval
of the employee’s Department Director and the Director of Human Resources, or designee(s). The forty (40) hour eligibility
period may be waived at the discretion of the General Manager.
35.2. Substitution Pay
35.2.1. Employees in the Operations and Maintenance Departments who are assigned by OC San’s management to
perform the duties of an absent Supervisor shall be eligible for Substitution Pay which shall begin with the first
hour of assignment.
35.3. Operations
35.3.1. If a Lead Plant Operator or Senior Plant Operator is assigned to perform the work of an Operations Supervisor
because of the absence of the regularly assigned Operations Supervisor and the unavailability of an alternate
Operations Supervisor for an entire shift, the Lead Plant Operator or Senior Plant Operator will be paid equal to a
one (1) step salary increase or the first step of the Operations Supervisor pay range, whichever is greater.
35.4. Maintenance
35.4.1. If an employee in any of the “Lead” classifications is assigned to perform the work of a Maintenance Supervisor
because of the absence of the regularly assigned Maintenance Supervisor and the unavailability of an alternate
Maintenance Supervisor for a period of at least two (2) weeks, the “Lead” worker will be paid equal to a one (1)
step salary increase or the first step of the Maintenance Supervisor pay range, whichever is greater.
ARTICLE 36. PERFORMANCE REVIEWS
(This Article intentionally left blank. Information related to performance reviews is included in Article 13.)
ARTICLE 37. PERSONNEL FILES
37.1. Employees have the right to inspect their Personnel File in the Human Resources Department during the normal office
hours of the Human Resources Department by appointment. Employees who wish to correct allegedly erroneous
information in their file, or request that items related to disciplinary matters be removed after the indicated time period has
elapsed, should submit a request in writing to the Director of Human Resources, or designee. It is the responsibility of each
employee to keep the personal information in his/her file current, including home address, telephone number and person
to contact in an emergency.
ARTICLE 38. BULLETIN BOARDS
38.1. Local 501 may use the bulletin boards located at Plant 1 (10844 Ellis Avenue, Fountain Valley, CA 92708) and Plant 2
(22212 Brookhurst Street, Huntington Beach, CA 92646) which are designated for use by employee groups to post notices
to OC San employees provided that: (a) no controversial matter which is critical or derogatory of OC San, its employees,
officers or Directors may be posted;
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(b) nothing posted by OC San may be removed; (c) Local 501 will remove its notices after a reasonable length of time; and (d)
only a reasonable number of notices will be posted.
ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1. A maximum of six (6) employees covered by this Agreement and appointed by Local 501 will be granted reasonable
release time for attending meet and confer sessions at the bargaining table. Release time will not be compensated for any
hours that exceed the employee's regularly scheduled hours of work.
39.2. Local 501 will provide the Director of Human Resources, or designee, with the names of employees requiring meet and
confer release time in advance of the meet and confer process. Release time will be limited exclusively to the six (6)
employees. The release time will be granted provided that the needs of OC San permit the time away from assigned work.
ARTICLE 40. USE OF OC SAN FACILITIES
40.1. OC San facilities may be used by Local 501 with prior notice to the Director of Human Resources, or designee, for the
purpose of holding meetings, to the extent that such use does not interfere with normal OC San operations. Local 501
agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. SCOPE OF BARGAINING
41.1. OC San and Local 501 acknowledge that during the negotiations which resulted in this Agreement, each party had the
unlimited right and opportunity to make demands and proposals with respect to all proper subjects within the scope of
representation. Therefore, the OC San and Local 501, for the term of this Agreement, except as otherwise provided herein,
each voluntarily and unqualifiedly waive the right, and each agrees that the other will not be obligated to bargain collectively
with respect to any subject or matter contained in this Agreement.
ARTICLE 42. IMPASSE PROCEDURES
42.1. If either OC San or Local 501 declares that an impasse exists in the meet and confer process, the party so declaring may
initiate the impasse procedure by providing the other party with a written request for an impasse meeting, together with a
statement of its position on all issues. An impasse meeting will be scheduled and held between the parties within fourteen
(14) calendar days or as soon as practicable to:
42.2. Review the position of the parties in a final effort to reach agreement on a memoranda of understanding, and
42.3. If the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined herein.
42.4. Impasse procedures are:
42.4.1. Mediation: If the parties mutually agree to submit the dispute to the State Mediation and Conciliation Service all
mediation proceedings will be private and as soon as practicable. The mediator will make no public
recommendation, nor take any public position at any time concerning the issues.
42.4.2. Fact-Finding: Whether the parties submit the dispute to mediation or not, Local 501 may request that the parties’
differences be submitted to a factfinding panel as soon as practicable. The cost of a fact finder and other mutually
incurred costs will be mutually shared by OC San and Local 501.
42.4.3. Board Actions: If the parties fail to resolve the impasse, the dispute will be sent to OC San’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
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43.1. Notwithstanding any other provisions in this Agreement, in the event that any Article, Section or Subsection of this
Agreement will be declared invalid by any court or by any State or Federal law or regulation, or should a decision by any
court or any State or Federal law or regulation diminish the benefits provided by this Agreement, or impose additional
obligations on OC San, OC San and Local 501 will meet and confer on the affected Article, Section or Subsection. In such
event, all other Articles, Sections or Subsections of this Agreement not affected will continue in full force and effect.
ARTICLE 44. UNIFORMS
44.1. OC San will provide and maintain twelve (12) uniform pants and shirts, which may include the name of the employee and
OC San’s seal, at no cost to appropriate personnel.
44.2. OC San will also provide each field employee with one (1) jacket. OC San will provide for the cleaning of the jacket, and will
determine when the jacket needs to be replaced.
44.3. OC San’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.
44.4. Employees covered by this AgreementClassifications designated in SOP-102 Personal Protective Equipment (PPE) shall
receive an annual voucher for a safety boot allowance in the amount of $2250 at the beginning of each fiscal year.
ARTICLE 45. SUBSTANCE ABUSE POLICY
45.1. OC San’s Drug and Alcohol Policy will apply to all Unit members. OC San may adopt or implement rules, regulations and
policies to be in compliance with Federal and State laws. In such cases, notification will be provided to the bargaining unit
prior to implementation.
45.2. Department of Transportation (DOT) Regulations
45.2.1. Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the
commercial driver’s license requirements of the Department of Transportation, Federal Highway Administration
CFR Part 382 is subject to OC San’s Anti- Drug and Alcohol Program. OC San will ensure that all alcohol or
controlled substances testing conducted under the Substance Abuse and Alcohol Misuse Plan complies with the
procedures set forth in CFR Part 40.
45.2.2. Any employee promoted, reassigned or transferred into a classification subject to DOT requirements will be
required to successfully complete alcohol and controlled substances testing prior to assuming the position.
45.3. OC San’s Substance Abuse Policy:
45.3.1. Any employee may be subject to discipline, up to and including termination, for any alcohol screen test that
indicates an alcohol concentration level of 0.02% or greater.
ARTICLE 46. NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS
46.1. New Employee Orientation
46.1.1. Local 501 will be allowed up to one half-hour each orientation session to communicate with Local 501-
represented classifications to explain the rights and benefits as set forth in this Agreement. Human Resources
staff will send to the Local 501 representative, or designee, a notice of each new employee orientation session.
The notice will be provided at least 10 days prior to the session, or as soon as practicable, and will include
pertinent session details.
46.1.2. OC San will hold new employee orientation sessions on a regular basis or at least on a quarterly basis, given
there are new Local 501-represented classifications. If there are no new hires in the Local 501-represented
classifications for a scheduled session, OC San will notify Local 501 as soon as possible in advance of the
session.
Local 501 MOU July 1, 2022 to June 30, 2025
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46.1.3. Human Resources staff will provide Local 501 with an electronic copy of the name, home address, personal
email address, and personal cell phone number of all new Local 501-represented employees within 30 days of
hire.
46.1.4. Human Resources staff will provide Local 501 with an electronic copy of the name, home address, personal
email address, and personal cell phone number of all Local 501-represented employees at least every 120
days.
46.2. Dues Deductions
46.2.1. OC San will deduct from each regular paycheck and remit to Local 501 the dues, initiation fees and assessments
for each employee who authorizes such deduction in writing. Such authorizations must be filed by the end of the
pay period prior to the period for which the deduction is requested.
46.2.2. OC San will provide Local 501 a quarterly list of the names of employees for whom it has made deductions, the
names of new employees, and the names of employees who have terminated.
ARTICLE 47. UNION DUES
47.1. Legislative Authority
47.1.1. The parties mutually understand and agree that in accordance with California Government Code Sections 3500,
et.seq., all full-time Unit employees represented by the International Union of Operating Engineers, Local 501
(hereinafter “Union”) have the right to join or not join the Union.
47.2. Union Dues
47.2.1. The Human Resources Department shall provide all current employees and any employees hired thereafter with
notice advising them that OC San has entered into a memorandum of understanding with the Union, and that all
employees within the Bargaining Unit are subject to the Agreement.
47.2.2. The Union shall submit to OC San a certified list of employees of whom to deduct monthly Union Dues from. If an
employee’s membership status changes, the Union shall notify OC San via amendment to the certified list. The
effective date of Union dues shall begin no later than the first full pay period after receipt of the certified list from
the Union. The monetary amount of Union Dues shall be set by the Union. In the event of a change to Union Dues,
the Union shall notify OC San of the adjusted amount.
47.2.3. The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the
amount of the dues authorized. When an employee is in a non-pay status for an entire pay period, no withholding
will be made to cover the pay period from future earnings. In the case of an employee in a non-pay status only
during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made.
In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deductions shall
be made. In this connection, all other legal and required deductions (including health care and insurance
deductions) have priority over Union dues and services fees.
47.3. Indemnification
47.3.1. The Union shall indemnify, defend and hold OC San harmless against any liability arising from any claims,
demands, or other action relating to OC San’s deduction of Union Dues, including claims relating to the Union’s
use of monies collected under these provisions. OC San reserves the right to select and direct legal counsel in
the case of any challenge to OC San’s deduction of Union Dues, and the Union agrees to pay any attorney,
arbitrator or court fees related thereto.
ARTICLE 48. PEACEFUL RESOLUTION OF DISPUTES
48.1. During the term of this Memorandum, or any subsequent period when impasse resolution procedures are in progress or
recommendations resulting from such procedures are being considered by the parties, OC San agrees it shall not lockout
employees in this Unit, and Local 501 agrees that it shall neither advocate, encourage or participate in any strike, including
sympathy strike, or work stoppages,
Local 501 MOU July 1, 2022 to June 30, 2025
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nor encourage employees to refrain in whole or in part from the full, faithful and proper performance of their duties of
employment.
ARTICLE 49. SHIFT CHANGES
49.1. The shift change provision is intended to provide an opportunity for employees to bid for open positions based on their job
knowledge, experience and seniority. An open position is considered an unencumbered position, or vacancy, resulting
from a transfer, promotion, separation, or retirement. Shift changes will be handled on the basis of seniority except when
OC San can demonstrate a business necessity.
49.2. Relief Operator
49.2.1. When Plant Operators, Senior Plant Operators or Power Plant Operator series are assigned to Relief Operator
positions, they will be entitled to $1.75 per hour premium.
49.2.2. Except in emergencies, an employee will be notified of a change in his/her work schedule at least forty-eight (48)
hours in advance of such change, preferably seven (7) calendar days in advance of such change. In the event that
notice is under forty-eight (48) hours, management will first try to fill vacancy from the overtime list. Failure to fill
from the overtime list will result in payment equivalent to call back pay in addition to any pay received from the
shift worked for the Relief Operator.
49.2.3. It will be the intent of Management that relief employees will receive two (2) consecutive days off and will only be
subject to split days off when schedule changes occur.
49.3. Shift change-bidding procedure
49.3.1. OC San will mail (email is acceptable) a Shift Change Request Form to employees in appropriate classifications
every six (6) months. Any employee who wishes to be assigned to the same or a different shift, and who is qualified
for that shift, may indicate his/her preference for reassignment on the Shift Change Request Form. The Shift
Change Request Form must be returned within thirty (30) days for an employee to be placed on a shift bid list. The
list of requests will be used for a period of six (6) months to fill vacant positions. A new employee or a promoted
employee may request through the Human Resources Department to be added to the current list within two (2)
weeks of his/her start date (new employee) or of being notified of the promotion.
49.3.2. When OC San intends to fill an open position, the following steps will be followed:
49.3.2.1. OC San will notify the most senior employee on the Shift Change Request list of the availability of the
open position; however, OC San may also notify the employee that his/her work location may not be
changed in accordance with Section 17.2. OC San agrees that it will verbally notify the employee about
the plant connected with the shift.
49.3.2.2. Within two (2) business days of the shift change offer, the employee must notify OC San in writing (email
is acceptable) of his/her decision to accept or reject the position.
49.3.2.3. If the most senior employee rejects the position, the position will be offered to the next most senior
employee on the list.
49.3.2.4. The process will be repeated until the position is filled or the list is exhausted.
49.3.3. If an employee declines a shift change offer, or does not notify the Human Resources Department within the two
(2) business days, his/her name will remain on the list unless they request in writing to have it removed. An
employee who accepts a shift change offer will be notified of the effective date of the shift change within seven
(7) business days.
49.3.4. When an employee is awarded a shift bid, the employee shall begin the new shift within 30 days of accepting the
bid. The 30 days may be extended if the shift change would interfere with the initial training of a newly hired Power
Plant Operator.
Local 501 MOU July 1, 2022 to June 30, 2025
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49.4. Requests for urgency transfer
49.4.1. On occasion, an employee may wish to initiate a transfer to a different shift or plant in response to a personal
situation beyond his/her immediate control. Management will make a reasonable effort to accommodate such
requests, considering the operational needs of OC San, in accordance with the following guidelines:
49.4.2. The requirement to work any shift is considered an essential job function. An employee who requests a transfer
due to health reasons that are supported by competent medical findings will be considered disabled and an effort
will be made to explore reasonable accommodations. If such accommodations cannot be made, or if the
accommodation would result in an undue business hardship on OC San, the employee will have the option of
remaining in the position unless his/her presence would pose a threat to the safety and welfare of others.
49.4.3. Transfer requests for non-medically related reasons will be considered only when the health or well being of the
employee or a member of his/her immediate family is involved. In such events, the transfer would normally be of
a temporary nature and limited to the duration of the emergency.
49.4.4. Employees who wish to submit a Request for Transfer must do so in writing to their supervisor. The request
should contain sufficient information to allow full consideration of the nature of the emergency or medical condition,
and include medical documentation.
ARTICLE 50. WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1. OC San’s Workplace Violence and Weapons Policy will applyand Workplace Violence Prevention & Security SOP applies
to all Unit members.
ARTICLE 51. RESIGNATION
51.1. Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written notice prior to
leaving. OC San may accept in writing any verbal or written resignation at any time and deem such resignation irrevocable.
Voluntary written termination of employment with OC San is automatically deemed irrevocable after seventy-two (72)
hours from the receipt of the resignation except by approval of the Director of Human Resources, or designee.
ARTICLE 52. OPERATOR CERTIFICATION
52.1. All employees assigned to the Lead Plant Operator, Senior Plant Operator, Plant Operator or Operator- in-Training
classifications will comply with the certification requirements of Chapter 4, Title 23, Subchapter 14 of the California
Administrative Code. Failure to maintain a valid certificate will be grounds for dismissal. This provision will not be subject to
the Grievance Procedure.
52.2. OC San will notify the Office of Operator Certification in writing within thirty (30) days of a final disciplinary action resulting
in suspension, demotion or discharge of a certified operator if the discipline is the result of commission of any of the acts
defined as grounds for discipline within the Operator Certification Regulations.
52.3. As a condition of employment, newly hired Operator-in-Training employees who do not possess a Certificate of Competence
will apply for an Operator-in-Training Certificate and pay any applicable fee to the State Water Resources Control Board
and submit proof of such application to the Human Resources Department within ten (10) business days of employment.
Operators-in-Training who do not receive their Grade I Certificate within three (3) years from their date of hire will be released
from
52.3. OC San’s employment. OC San agrees to continue its current policy of reimbursing Operations and Maintenance
employees for required certifications upon receiving a passing score.
ARTICLE 53. OPERATOR ROTATIONS
53.1 All employees assigned to the Lead Plant Operator, Senior Plant Operator, Plant Operator or Operator-in-Training
classifications will be subject to Plant Operator Process Area and Plant Rotation Programs as developed.
Local 501 MOU July 1, 2022 to June 30, 2025
Page 22
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SIGNATURE
PAGE
2025 - 2028
MEMORANDUM OF
UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION
DISTRICT
AND THE
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL
501
FOR THE
OPERATIONS AND MAINTENANCE
GROUP
Executed:____________________________
2022 - 2025 - 2028
MEMORANDUM OF
UNDERSTANDING BETWEEN THE
ORANGE COUNTY SANITATION
DISTRICT AND THE
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL
501 FOR THE
OPERATIONS AND MAINTENANCE
GROUP
Executed: _ _
LOCAL 501 ORANGE COUNTY SANITATION DISTRICT
Edward J. Curly, Business Manager and
General Vice President
Laura Drottz Kalty, Lead Negotiator
Thomas O’Mahar, President Celia ChandlerLaura Maravilla, Director of Human
Resources
Deric Barnes, Business RepresentativeVice
President, Director of Public Employees
Laura MaravillaThys DeVries, Human Resources
& Risk Manager
Richard BartowReisee Salamero, Business
Representative
Andrew Nau, Human Resources Supervisor
Local 501 MOU July 1, 2022 to June 30, 2025
Page 23
Page 23
_ _
David Collett
Luis Gasca, Shop Steward
_ _
Janine Aguilar, Human Resources Supervisor
Rick Mirolla, Shop Steward Thys DeVriesStephanie Barron, Principal
Human Resources Analyst
Lia TogiaBrett Beutler, Shop Steward Stephanie Barron, Senior Human
Resources Analyst
Tim Hopkins, Shop Steward
Jason Biedermann, Shop Steward
Tracey MurphyMike Rose, Shop Steward
Robert Solis, Shop Steward
Luis Gasca, Shop Steward
Local 501 MOU July 1, 2022 to June 30, 2025
Page 24
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EXHIBIT A
LOCAL 501 - OPERATIONS AND MAINTENANCE UNIT
Effective Effective Effective
1-Jul-22 14-Jul-23 12-Jul-24
Classification
Pay
Grade
MIN MAX
MIN MAX
MIN MAX
Automotive/Heavy Equipmt Technician LOC67
Electrical Technician I LOC65
Electrical Technician II LOC71
Facilities Worker LOC62
Instrumentation Technician I LOC65
Instrumentation Technician II LOC71
Lead Electrical Technician LOC75
Lead Facilities Worker LOC66
Lead Instrumentation Technician LOC75
Lead Mechanic LOC72
Lead Plant Operator LOC75
Lead Power Plant Operator LOC75
Machinist LOC68
Maintenance Worker LOC60
Mechanic LOC62
Mobile Crane Operator LOC67
Operator-In-Training LOC58
Plant Operator LOC66
Power Plant Operator I LOC66
Power Plant Operator II LOC71
Reliability Maintenance Technician LOC75
Senior Mechanic LOC68
Senior Plant Operator LOC71
Welder/Fabricator LOC67
$42.25 $51.36
$40.23 $48.87
$46.61 $56.67
$37.36 $45.41
$40.23 $48.87
$46.61 $56.67
$51.48 $62.55
$41.24 $50.13
$51.48 $62.55
$47.78 $58.09
$51.48 $62.55
$51.48 $62.55
$43.28 $52.62
$35.56 $43.22
$37.36 $45.41
$42.25 $51.36
$33.82 $41.12
$41.24 $50.13
$41.24 $50.13
$46.61 $56.67
$51.48 $62.55
$43.28 $52.62
$46.61 $56.67
$42.25 $51.36
$43.94 $53.41 $45.48 $55.28
$41.84 $50.82 $43.30 $52.60
$48.47 $58.94 $50.17 $61.00
$38.85 $47.23 $40.21 $48.88
$41.84 $50.82 $43.30 $52.60
$48.47 $58.94 $50.17 $61.00
$53.54 $65.05 $55.41 $67.33
$42.89 $52.14 $44.39 $53.96
$53.54 $65.05 $55.41 $67.33
$49.69 $60.41 $51.43 $62.52
$53.54 $65.05 $55.41 $67.33
$53.54 $65.05 $55.41 $67.33
$45.01 $54.72 $46.59 $56.64
$36.98 $44.95 $38.27 $46.52
$38.85 $47.23 $40.21 $48.88
$43.94 $53.41 $45.48 $55.28
$35.17 42.76 $36.40 $44.26
$42.89 $52.14 $44.39 $53.96
$42.89 $52.14 $44.39 $53.96
$48.47 $58.94 $50.17 $61.00
$53.54 $65.05 $55.41 $67.33
$45.01 $54.72 $46.59 $56.64
$48.47 $58.94 $50.17 $61.00
$43.94 $53.41 $45.48 $55.28
Local 501 MOU July 1, 2022 to June 30, 2025
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STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4410 Agenda Date:7/23/2025 Agenda Item No:4.
FROM:Laura Drottz Kalty, Chief Negotiator
Originator: Laura Maravilla, Director of Human Resources
SUBJECT:
SUCCESSOR MEMORANDA OF UNDERSTANDING FOR THE SUPERVISOR AND
PROFESSIONAL MANAGEMENT GROUPS
..end
CHIEF NEGOTIATOR'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OC SAN 25-08, entitled, “A Resolution of the Board of Directors of the
Orange County Sanitation District approving the Memoranda of Understanding (MOUs)
between the Orange County Sanitation District and the Supervisory and Professional
Management Group, for Fiscal Years 2025/2026, 2026/2027 & 2027/2028”; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange
County Sanitation District and the two (2) Supervisory and Professional Management Group
bargaining units.
BACKGROUND
The MOUs between the Orange County Sanitation District (OC San)and the Supervisory and
Professional Management Group bargaining units that became effective on July 1,2022,expired on
June 30,2025.On September 25,2024,the Board of Directors selected Laura Drottz Kalty of
Liebert Cassidy Whitmore to serve as its Chief Negotiator to negotiate successor agreements with all
recognized employee organizations.Subsequently,on November 20,2024,the Steering Committee
provided Ms. Kalty with negotiating parameters and authority to commence negotiations.
The Supervisory and Professional Management Group (SPMG)submitted its initial proposals for
successor MOUs on March 17,2025.SPMG and OC San have met and conferred in good faith eight
(8) times since receiving the initial proposal.
On June 24,2025,OC San and SPMG reached a Tentative Agreement on the terms and conditions
of employment for employees represented by SPMG,as set forth in the successor MOUs being
presented for final approval and adoption by the OC San Board of Directors.
On June 25,2025,the Board of Directors authorized Ms.Kalty to proceed with a three-year contract
and salary increases for both SPMG units as follows:4.5%for the first year,4.5%for the second
year,and 3.0%for the final year of the contract.This includes corresponding salary range
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year,and 3.0%for the final year of the contract.This includes corresponding salary range
adjustments effective the first full pay period in July for each year of the contract,with the first
increase to commence in July 2025.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Offer competitive compensation and benefits
·Cultivate a highly qualified, well-trained, and diverse workforce
·Negotiate fair and equitable labor agreements
·Maintain positive employer-employee relations
·Provide professional growth & development
PROBLEM
The MOUs between OC San and SPMG bargaining units that became effective on July 1,2022,
expired on June 30,2025.OC San has a legal duty to bargain in good faith and,upon reaching full
and final agreement on successor MOUs with a bargaining group,approval must be obtained from its
governing body.
PROPOSED SOLUTION
Adopt Resolution OC SAN 25-08,entitled,“A Resolution of the Board of Directors of the Orange
County Sanitation District approving the Memoranda of Understanding (MOUs)between the Orange
County Sanitation District and the Supervisory and Professional Management Group,for Fiscal Years
2025/2026, 2026/2027 & 2027/2028”.
TIMING CONCERNS
OC San and SPMG have bargained in good faith and have reached tentative agreement on
successor MOUs that shall go into effect July 2025, contingent on Board approval.
RAMIFICATIONS OF NOT TAKING ACTION
Some of the impacts of not approving successor labor agreements include labor instability,employee
morale, and impasse.
PRIOR COMMITTEE/BOARD ACTIONS
On September 25,2024,the Board of Directors authorized staff to execute an agreement with Ms.
Kalty of Liebert Cassidy Whitmore to serve as OC San’s Chief Negotiator.This action was taken
pursuant to OC San’s Purchasing Ordinance No. OC SAN-61.
In preparation for and during the meet and confer process,the Ms.Kalty received direction for labor
negotiations with SPMG from the Steering Committee and the Board of Directors.
The SPMG meet and confer process was agendized for discussion in Closed Session at the following
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The SPMG meet and confer process was agendized for discussion in Closed Session at the following
Committee/Board meetings:
•March 26, 2025 - Steering Committee and Board Meeting
•April 23, 2025 - Steering Committee and Board Meeting
•May 28, 2025 - Steering Committee and Board Meeting
•June 25, 2025 - Steering Committee and Board Meeting
ADDITIONAL INFORMATION
The SPMG is the recognized employee organization certified to provide exclusive representation
over wages,hours of work,and other terms and conditions of employment for exempt employees in
the Supervisor Group and Professional Group bargaining units.
There are 301 exempt employees represented by SPMG.The Supervisor Group consists of 64
employees,and the Professional Group consists of 237 employees.Employees in these groups are
assigned to classifications that perform frontline supervisory duties and program-related
development,implementation,and analytical duties associated with supporting the collection,
treatment,and recycling of wastewater.Some supervisory classifications are assigned to a 365-days
per year, 7-days per week, 24-hours per day operation.
Based on Board authorization,OC San reached a full tentative agreement with SPMG on June 24,
2025,including a three-year contract with a 4.5%salary increase in the first year,a 4.5%salary
increase in the second year,and a 3.0%salary increase for the final year of the contract.SPMG
distributed the proposals to their membership for voting and SPMG’s membership ratified the
proposals by majority vote in June 2025.
Full redlined versions of each SPMG MOU are attached for review.A summary of the key changes to
the MOUs are as follows:
1.Article 1, Recognition: Term of the agreement begins July 1, 2025.
2.Article 2, Duration: Agreement terminates on June 30, 2028.
3.Article 10, Discipline and Dismissal. Revise language to align with policy:
10.9 Disciplinary actions will be recorded in employee performance reviews.
4.Article 12, Problem Solving Procedure. Revise language to include:
12.1 Counseling and performance appraisals are not subject to the problem solving
procedure.
5.Article 13, Salary Adjustments and Compensation:
13.8 Salary Range Adjustments:
13.8.1 Effective the first pay period of July 2025, 4.5% salary range adjustment.
13.8.2 Effective the first pay period of July 2026, 4.5% salary range adjustment.
13.8.3 Effective the first pay period of July 2027, 3.0% salary range adjustment.
13.10 One-Time Lump Sum Payment -Employees hired or promoted into the Group as of the
last day of the first full pay period in July 2025 will receive a $1000 one-time lump sum
payment.The payment shall not apply to employees hired after the first full pay period
following approval and adoption of the agreement.
6.Article 15, Deferred Compensation:
15.1.1 OC San will make a 401(a)plan available to eligible employees to allow for applicable
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matching OC San contributions.Participating employees shall be responsible for any
administrative fees associated with this plan.
15.2 Effective the first full pay period in July 2025,employees covered by OCERS Plans B and
U and who participate in the deferred compensation plan,are eligible to receive up to a $445
per month OC San matching contribution.
7.Article 27, Leave of Absence with Pay:
27.6 Bereavement Leave. Revise language to align with changes in the law:
27.6.1 Any full-time employee,whether probationary or regular,shall receive up to five
(5)days of bereavement leave,thirty-six (36)hours of which will be paid,for the death
or funeral of an immediate family member.An employee may use existing accruals
(i.e.,sick,vacation,administrative leave,compensatory time off)in order to be paid for
up to five (5) days.
27.7 Administrative Leave.
27.7.1 Administrative Leave is provided to FLSA exempt employees who are not eligible
for overtime in an effort to recognize that based on the nature of the work and
classification, the job and duties may extend beyond regularly scheduled work hours.
27.7.2 Effective the first pay period in July,regular full-time employees in the Group
shall be granted sixty (60) hours of Administrative Leave.
8.Article 44, Uniforms. Revise language to include:
44.3 Employees working in divisions designated in SOP-102 Personal Protective Equipment
(PPE) are eligible to receive a safety boot allowance and shall receive either an annual or bi-
annual voucher in the amount of $250 as applicable.
In addition to the aforementioned changes,the proposed MOUs include general housekeeping
updates to certain articles for purposes of language clarification and to ensure alignment with
changes in applicable laws, regulations, and internal administrative procedures.
CEQA
N/A
FINANCIAL CONSIDERATIONS
The total cost is $16,108,651 over the term of the agreement.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 25-08
·Supervisor Group MOU (Redlined)
·Professional Group MOU (Redlined)
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OC SAN 25-08-1
RESOLUTION NO. OC SAN 25-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
MEMORANDA OF UNDERSTANDING (MOUS) BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE
SUPERVISORY AND PROFESSIONAL MANAGEMENT GROUP,
FOR FISCAL YEARS 2025/2026, 2026/2027 & 2027/2028
WHEREAS, on July 27, 2022, the Board of Directors (“Directors”) of the Orange
County Sanitation District (OC San) authorized the General Manager to sign the Memoranda
of Understanding with the Supervisory and Professional Management Group (referred
hereinafter as “SPMG”), regarding salaries, benefits and terms and conditions of employment
for the period July 1, 2022 through June 30, 2025 (“2022 MOUs”).
WHEREAS, prior to the expiration of the 2022 MOUs, on February 17, 2025, SPMG
requested to meet and confer regarding successor MOUs.
WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of
SPMG have met and conferred with the representatives of OC San and have reached an
understanding with regard to certain terms and conditions relative to employment;
WHEREAS, through negotiations the parties agreed that any salary changes would
take effect during the first full pay period in July 2025; and
WHEREAS, the parties have modified the 2025 MOUs between OC San and SPMG
to reflect the parties’ understanding regarding certain terms and conditions, which by this
reference are made a part of this resolution as if set forth herein.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER:
Section 1. The aforementioned MOUs between OC San and SPMG for the
contract period of July 1, 2025 through June 30, 2028, attached hereto as Exhibit A is hereby
approved.
Section 2. The General Manager is authorized to sign the Memoranda of
Understanding with SPMG for the period of July 1, 2025, through June 30, 2028, in a form
approved by General Counsel.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held July 23,
2025.
_______________________________________
Ryan P. Gallagher
Board Chairman
OC SAN 25-08-2
ATTEST:
_______________________________________
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 25-08-3
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 25-08 was passed
and adopted at a regular meeting of said Board on the 23rd day of July 2025, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 23rd day of July 2025.
Kelly A. Lore. MMC
Clerk of the Board of Directors
Orange County Sanitation District
12829516.10 OR040-04812829516.10 OR040\039\10130397.v1-048
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE SUPERVISOR GROUP
July 1, 20225 through June 30, 20258
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TABLE OF CONTENTS
ARTICLE 1. - RECOGNITION .............................................................................................................................1
ARTICLE 2. - DURATION....................................................................................................................................1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................1
ARTICLE 4. - GROUP ACCESS .........................................................................................................................1
ARTICLE 5. - GROUP RIGHTS ...........................................................................................................................2
ARTICLE 6. - OC SAN RIGHTS ..........................................................................................................................2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT .................................................................................2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT ......................................................................................2
ARTICLE 9. - SAFETY ........................................................................................................................................3
ARTICLE 10. - DISCIPLINE AND DISMISSAL .....................................................................................................3
ARTICLE 11. - GRIEVANCE PROCEDURE .........................................................................................................5
11.4.1. STEP 1 ..................................................................................................................................................... 5
11.4.2. STEP 2 ..................................................................................................................................................... 5
11.4.4. STEP 3 ..................................................................................................................................................... 5
11.4.5. STEP 4 ..................................................................................................................................................... 6
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ...........................................................................................6
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ....................................................................6
13.3. MERIT PAY ............................................................................................................................................... 7
13.4. PERFORMANCE MANAGEMENT PROGRAM ................................................................................................... 7
13.5. DEVELOPMENT PAY ................................................................................................................................... 7
13.8. SALARY RANGE ADJUSTMENTS .................................................................................................................. 8
13.9. INVESTMENT INCENTIVE SALARY (IIS) ........................................................................................................ 8
13.10. ONE-TIME LUMP SUM PAYMENT ................................................................................................................ 8
ARTICLE 14. - SEVERANCE PAY ........................................................................................................................8
ARTICLE 15. - DEFERRED COMPENSATION ....................................................................................................8
ARTICLE 16. - HOLIDAYS ....................................................................................................................................9
16.2. FLOATING HOLIDAY ................................................................................................................................... 9
ARTICLE 17. - HOURS OF WORK .................................................................................................................... 10
ARTICLE 18. ...................................................................................................................................................... 10
ARTICLE 19. ................................................................................................................................................... 10
ARTICLE 20. - INSURANCE .............................................................................................................................. 10
20.3. MEDICAL INSURANCE ............................................................................................................................... 11
20.8. GROUP INSURANCE PREMIUMS ................................................................................................................ 11
20.9. LIFE INSURANCE...................................................................................................................................... 11
20.10 SHORT TERM DISABILITY ………………………………………………………………………………………..11
20.11. LONG TERM DISABILITY ........................................................................................................................... 11
20.12. DENTAL INSURANCE ................................................................................................................................ 12
20.13. VISION INSURANCE .................................................................................................................................. 12
20.14 RETIRING EMPLOYEES …………………………………………………………………………………………12
20.15. HEALTH REIMBURSEMENT ARRANGEMENT ................................................................................................ 12
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ARTICLE 21. - REIMBURSEMENT ACCOUNT................................................................................................. 13
21.2. MEDICAL REIMBURSEMENT ACCOUNT ...................................................................................................... 13
21.3. DEPENDENT CARE ASSISTANCE ACCOUNT ............................................................................................... 13
ARTICLE 22. - EXTRAORDINARY SERVICES COMPENSATION .................................................................. 14
ARTICLE 23. - PROBATIONARY PERIOD ....................................................................................................... 14
ARTICLE 24. - PROMOTIONS ........................................................................................................................... 15
ARTICLE 25. - RETIREMENT ............................................................................................................................ 15
25.1.1. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1, 2010 ........................... 16
25.1.2. EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 2010 AND BEFORE JANUARY 1, 2013 .................................. 16
25.1.3. EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 .................................................................................. 16
ARTICLE 26. - SHIFT DIFFERENTIAL .............................................................................................................. 16
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY ............................................................................................ 16
27.1. VACATION LEAVE .................................................................................................................................... 16
27.2. SICK LEAVE ............................................................................................................................................ 17
27.3. JURY DUTY LEAVE .................................................................................................................................. 19
27.4. WITNESS LEAVE ...................................................................................................................................... 19
27.5. MILITARY LEAVE ...................................................................................................................................... 20
27.6. BEREAVEMENT LEAVE ............................................................................................................................. 20
27.7. ADMINISTRATIVE LEAVE ........................................................................................................................... 21
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................... 21
28.3. SUBSTITUTION OF PAID LEAVE. ................................................................................................................ 22
28.4. PERMISSIBLE USES ................................................................................................................................. 22
28.5. GENERAL PROVISIONS ............................................................................................................................ 23
ARTICLE 29. - CLASSIFICATION STUDIES ..................................................................................................... 25
29.3. Y-RATING ............................................................................................................................................... 25
ARTICLE 30. - DRIVER’S LICENSE .................................................................................................................. 26
ARTICLE 31. - LAYOFF PROCEDURE ............................................................................................................. 26
ARTICLE 32. - LIGHT DUTY .............................................................................................................................. 27
ARTICLE 33. - MEDICAL EXAMINATION ......................................................................................................... 27
ARTICLE 34. - MILEAGE ALLOWANCE ........................................................................................................... 27
ARTICLE 35. - ACTING PAY ............................................................................................................................. 27
ARTICLE 36. ...................................................................................................................................................... 27
ARTICLE 37. - PERSONNEL FILES .................................................................................................................. 27
ARTICLE 38. - BULLETIN BOARDS ................................................................................................................. 28
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................ 28
ARTICLE 40. - USE OF OC SAN FACILITIES .................................................................................................. 28
ARTICLE 41. - SCOPE OF BARGAINING ......................................................................................................... 28
ARTICLE 42. - IMPASSE PROCEDURES ......................................................................................................... 28
42.2. IMPASSE PROCEDURES ........................................................................................................................... 28
ARTICLE 43. - SEVERABILITY ......................................................................................................................... 29
ARTICLE 44. - UNIFORMS ................................................................................................................................ 29
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ARTICLE 45. - SUBSTANCE ABUSE POLICY ................................................................................................. 29
45.2. DEPARTMENT OF TRANSPORTATION (DOT) REGULATIONS ........................................................................ 29
45.3. OC SAN'S SUBSTANCE ABUSE POLICY ..................................................................................................... 30
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS ............................................... 30
ARTICLE 47. - MAINTENANCE OF MEMBERSHIP ......................................................................................... 30
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES .............................................................................. 31
ARTICLE 49. ...................................................................................................................................................... 31
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ............................................................. 31
ARTICLE 51. - RESIGNATION .......................................................................................................................... 31
ARTICLE 52. ...................................................................................................................................................... 31
SIGNATURE PAGE .............................................................................................................................................. 32
ARTICLE 1. - RECOGNITION .............................................................................................................................1
ARTICLE 2. - DURATION....................................................................................................................................1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................1
ARTICLE 4. - GROUP ACCESS .........................................................................................................................1
ARTICLE 5. - GROUP RIGHTS ...........................................................................................................................2
ARTICLE 6. - OC SAN RIGHTS ..........................................................................................................................2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT .................................................................................2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT ......................................................................................2
ARTICLE 9. - SAFETY ........................................................................................................................................3
ARTICLE 10. - DISCIPLINE AND DISMISSAL .....................................................................................................3
ARTICLE 11. - GRIEVANCE PROCEDURE .........................................................................................................5
11.4.1. STEP 1 ..................................................................................................................................................... 5
11.4.2. STEP 2 ..................................................................................................................................................... 5
11.4.4. STEP 3 ..................................................................................................................................................... 5
11.4.5. STEP 4 ..................................................................................................................................................... 6
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ...........................................................................................6
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ....................................................................7
13.3. MERIT PAY ............................................................................................................................................... 7
13.4. PERFORMANCE MANAGEMENT PROGRAM ................................................................................................... 7
13.5. DEVELOPMENT PAY ................................................................................................................................... 7
13.8. SALARY RANGE ADJUSTMENTS .................................................................................................................. 8
13.9. INVESTMENT INCENTIVE SALARY (IIS) ........................................................................................................ 8
13.10. ONE-TIME LUMP SUM PAYMENT ................................................................................................................ 8
ARTICLE 14. - SEVERANCE PAY ........................................................................................................................8
ARTICLE 15. - DEFERRED COMPENSATION ....................................................................................................8
ARTICLE 16. - HOLIDAYS ....................................................................................................................................9
16.2. FLOATING HOLIDAY ................................................................................................................................... 9
ARTICLE 17. - HOURS OF WORK .................................................................................................................... 10
ARTICLE 18. ...................................................................................................................................................... 10
ARTICLE 19. ............................................................................................................................................... 1110
ARTICLE 20. - INSURANCE .......................................................................................................................... 1110
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20.3. MEDICAL INSURANCE ............................................................................................................................... 11
20.8. GROUP INSURANCE PREMIUMS ................................................................................................................ 11
20.9. LIFE INSURANCE...................................................................................................................................... 11
20.10 SHORT TERM DISABILITY ………………………………………………………………………………………..11
20.11. LONG TERM DISABILITY ....................................................................................................................... 1211
20.12. DENTAL INSURANCE ................................................................................................................................ 12
20.13. VISION INSURANCE .................................................................................................................................. 12
20.14 RETIRING EMPLOYEES …………………………………………………………………………………………12
20.15. HEALTH REIMBURSEMENT ARRANGEMENT ................................................................................................ 12
ARTICLE 21. - REIMBURSEMENT ACCOUNT................................................................................................. 13
21.2. MEDICAL REIMBURSEMENT ACCOUNT .................................................................................................. 1413
21.3. DEPENDENT CARE ASSISTANCE ACCOUNT ........................................................................................... 1413
ARTICLE 22. - EXTRAORDINARY SERVICES COMPENSATION .............................................................. 1413
ARTICLE 23. - PROBATIONARY PERIOD ................................................................................................... 1514
ARTICLE 24. - PROMOTIONS ........................................................................................................................... 15
ARTICLE 25. - RETIREMENT ........................................................................................................................ 1615
25.1.1. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1, 2010 ........................... 16
25.1.2. EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 2010 AND BEFORE JANUARY 1, 2013 .................................. 16
25.1.3. EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 .................................................................................. 16
ARTICLE 26. - SHIFT DIFFERENTIAL .......................................................................................................... 1716
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY ........................................................................................ 1716
27.1. VACATION LEAVE ................................................................................................................................ 1716
27.2. SICK LEAVE ........................................................................................................................................ 1817
27.3. JURY DUTY LEAVE .............................................................................................................................. 2019
27.4. WITNESS LEAVE ...................................................................................................................................... 20
27.5. MILITARY LEAVE .................................................................................................................................. 2120
27.6. BEREAVEMENT LEAVE ......................................................................................................................... 2120
27.7. ADMINISTRATIVE LEAVE ........................................................................................................................... 21
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................... 22
28.3. SUBSTITUTION OF PAID LEAVE. ................................................................................................................ 22
28.4. PERMISSIBLE USES ............................................................................................................................. 2322
28.5. GENERAL PROVISIONS ............................................................................................................................ 23
ARTICLE 29. - CLASSIFICATION STUDIES ................................................................................................. 2625
29.3. Y-RATING ........................................................................................................................................... 2726
ARTICLE 30. - DRIVER’S LICENSE .............................................................................................................. 2726
ARTICLE 31. - LAYOFF PROCEDURE ............................................................................................................. 27
ARTICLE 32. - LIGHT DUTY .......................................................................................................................... 2827
ARTICLE 33. - MEDICAL EXAMINATION ..................................................................................................... 2827
ARTICLE 34. - MILEAGE ALLOWANCE ....................................................................................................... 2827
ARTICLE 35. - ACTING PAY ............................................................................................................................. 28
ARTICLE 36. .................................................................................................................................................. 2928
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ARTICLE 37. - PERSONNEL FILES .............................................................................................................. 2928
ARTICLE 38. - BULLETIN BOARDS ............................................................................................................. 2928
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS .................................................... 2928
ARTICLE 40. - USE OF OC SAN FACILITIES .............................................................................................. 2928
ARTICLE 41. - SCOPE OF BARGAINING ......................................................................................................... 29
ARTICLE 42. - IMPASSE PROCEDURES ..................................................................................................... 3029
42.2. IMPASSE PROCEDURES ....................................................................................................................... 3029
ARTICLE 43. - SEVERABILITY ..................................................................................................................... 3029
ARTICLE 44. - UNIFORMS ................................................................................................................................ 30
ARTICLE 45. - SUBSTANCE ABUSE POLICY ............................................................................................. 3130
45.2. DEPARTMENT OF TRANSPORTATION (DOT) REGULATIONS ........................................................................ 29
45.3. OC SAN'S SUBSTANCE ABUSE POLICY ..................................................................................................... 30
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS ........................................... 3130
ARTICLE 47. - MAINTENANCE OF MEMBERSHIP ..................................................................................... 3231
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES .......................................................................... 3231
ARTICLE 49. .................................................................................................................................................. 3231
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ......................................................... 3231
ARTICLE 51. - RESIGNATION .......................................................................................................................... 32
ARTICLE 52. .................................................................................................................................................. 3332
SIGNATURE PAGE .......................................................................................................................................... 3433
APPENDIX A ..................................................................................................................................................... 33
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE SUPERVISOR GROUP
In accordance with the provisions of California Government Code Sections 3500, et seq., and
Resolution No. OC San 23-09, as Resolution No. OCSD 18-18 has been repealed, of the Orange
County Sanitation District’s (OC San) Boards of Directors, OC San's authorized representatives
have met and conferred in good faith with representatives of the Supervisor Group. These
meetings have resulted in an agreement and understanding to recommend that the employees
represented by the Supervisor Group accept these terms and conditions, and that the Board of
Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of
employment for the employees represented by the Supervisor Group as set forth in this
Agreement.
ARTICLE 1. - RECOGNITION
1.1. This Agreement, effective July 1, 20225, is entered into between the Orange County
Sanitation District, referred to hereinafter as the "OC San", and the Supervisor
Group, referred to hereinafter as "Group”, as a mutual recommendation to the Board
of Directors of OC San of those wages, hours of work, and terms and conditions of
employment.
ARTICLE 2. - DURATION
2.1. This Agreement will be binding on OC San and the Group when approved and
adopted by OC San’s Board of Directors. This Agreement will terminate on June 30,
20258. Any issue regarding the question of representation shall be brought pursuant
to the Employer-Employee Relations Resolutions (EERR), Resolution No. OC San
23-09, as Resolution No. OCSD 18-18 has been repealed.
ARTICLE 3. - SUCCESSOR AGREEMENT
3.1. The Group will submit in writing its initial proposal for a successor agreement prior to
the expiration date of this Agreement.
ARTICLE 4. - GROUP ACCESS
4.1. A Group representative will have access to OC San facilities during normal working
hours for the purpose of assisting Group employees in processing grievances or
investigating matters arising out of the application of provisions of this Agreement.
4.2. The Group will provide the Human Resources Department or designee, with a list of
Representatives who are authorized to request access under this article, and will
notify the Director of Human Resources, or designee, of any changes in that list.
4.3. Group access will not unreasonably interfere with OC San operations, or with the
work of employees in any manner. OC San reserves the right to restrict access in
certain areas designated confidential or secure.
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ARTICLE 5. - GROUP RIGHTS
5.1. The Group may designate up to five (5) employees to act as representatives for
employees covered by this Agreement. The Group will furnish the Human Resources
Department with the names of employees selected as representatives and will
update the list as necessary. An alternate representative may be designated to act in
the absence of the regular representative. Employees not listed on the roster of
representatives provided to OC San by the Group may not act as representatives.
5.2. Representatives will not perform non work-related duties on work time without the
prior approval of their immediate supervisor. Neither OC San nor the Group will
interfere with, intimidate, restrain, coerce or discriminate against employees because
of the exercise or non-exercise of their rights to engage in Group activity.
ARTICLE 6. – OC SAN RIGHTS
6.1. OC San inherent rights, powers, functions, duties, responsibilities and authority
related to a managerial or administrative character are reserved to OC San in its
exercise of management decision-making, except as specifically modified by the
express provisions of this Memorandum. OC San rights include, but are not limited
to, the exclusive right to consider the merits, necessity or organization of any service
or activity provided by law, or administrative order; determine the mission of its
constituent departments, commissions and boards; set standards of service,
determine the procedures and standards of selection for employment and promotion;
establish and implement performance standards; direct its employees; take
disciplinary action for proper cause; layoff employees from duty because of lack of
work or lack of funds; maintain the efficiency of OC San operations; determine the
methods, means and personnel by which OC San operations are to be conducted;
determine the content of job classifications; classify and reclassify positions; take all
necessary actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its work.
6.2. OC San retains all authority and rights conferred on it by law, or other legal sources,
except to the extent that such authority is explicitly waived by the express terms of
this agreement. OC San exercise of its management rights hereunder shall not be
subject to appeal or meeting and conferring, however, that the exercise of such rights
does not preclude the Group from appealing or meeting and conferring the practical
consequences or impacts that OC San decisions have on wages, hours, and other
terms and conditions of employment.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
7.1. There will be no unlawful discrimination in the application of the provisions of this
Agreement with regard to actual or perceived race, color, religion, national origin,
ancestry, sex, gender, gender identity, gender expression, sexual orientation, age,
physical or mental disability, medical condition, genetic information, marital status, or
military or veteran status, reproductive health decision making or any other lawfully
protected class. To the extent required by law or by OC San's rules or regulations,
this provision of the Agreement will be applied to all members of the Group without
regard to any protected classification.
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
8.1. OC San 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
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smoking and the potentially harmful effect it has on the health and well being of OC
San employees and their families, smoking and the use of tobacco (cigarettes,
cigars, e-cigarettes [“vaping”] and related tobacco products and technologies) is not
acceptable within OC San facilities, and may occur only in areas posted for smoking.
ARTICLE 9. - SAFETY
9.1. It is the duty of OC San to provide and maintain a safe place of employment. The
Group will cooperate by encouraging all employees covered by this Agreement to
perform their work in a safe manner. It is the duty of all employees covered by this
Agreement, in the course of performing their assigned duties, to be alert to unsafe
practices, equipment, and conditions, and to follow the safety regulations and
requirements of OC San, and to report any unsafe practices or conditions to their
immediate supervisor. An employee will not be required to perform work that is
unsafe.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
10.1. Discipline may occur when any of the following actions are taken for just cause with
respect to any employee in the Group: verbal reprimand; written reprimand;
suspension without pay; reduction in pay; demotion to a classification with a lower
pay grade, or dismissal.
10.2. Dismissal, for purposes of this Article, is the separation of a non-probationary
employee initiated by OC San for just cause.
10.3. A Notice of Intent is not required when the disciplinary action involves a verbal
reprimand or written reprimand.
10.4. A Notice of Intent is required and will be given to an employee whenever the
disciplinary action involves suspension without pay, reduction in pay, demotion to a
classification with a lower pay grade, or dismissal. The notice will be given to the
affected employee either by delivery in person or by Certified Mail sent to the
employee's last known address. Such personal delivery or mailing will be presumed
to provide actual notice to the affected employee. The Notice of Intent will indicate
the date on which it was personally delivered or deposited in the mail, which will be
the date of issuance.
10.5. The Notice of Intent will contain the following: (1) a description of the disciplinary
action intended and the effective date of the action; (2) the reasons for the proposed
action; (3) a copy of the charges and materials upon which the action is based; and,
(4) a statement of the employee's right to respond, either verbally or in writing to the
person initially imposing the discipline, or to an OC San management representative
with authority to make an effective recommendation on the proposed action; the
person to whom any response must be directed, and the fact that such response
must be received within ten (10) business days of the date of issuance of the notice.
The Notice will also advise the employee of the right to representation.
10.6. Prior to the effective date of the proposed disciplinary action, the employee will be
given an opportunity to respond either verbally or in writing to a management
representative with authority to make an effective recommendation on the proposed
action. After review of an employee's response, OC San 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, OC San may reduce
discipline without further notice. Further clarification of the disciplinary policies and
procedures are covered in OC San’s Personnel Policies & Procedures Manual.
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10.7. Dismissal will be preceded by at least one (1) written reprimand, except in those
situations in which the employee knows or reasonably should have known that the
performance or conduct was unsatisfactory. Such performance or conduct may
involve, but is not limited to, dishonesty, possession, use, sale or being under the
influence of drugs or alcohol, theft or misappropriation of OC San property or funds,
fighting on the job, insubordination, acts endangering people or property, “no-call/no-
show” or other serious misconduct. OC San may substitute documented suspensions
without pay for written reprimands.
10.7.1. Employees who fail to provide any notice to their supervisor and fail to report
to work as scheduled shall be considered “no call/no show” and shall be
subject to discipline, up to and including termination. Employees who fail to
provide any notice to their supervisor and fail to report to work for three (3) or
more consecutive days will be considered to have abandoned their job and
shall be subject to discipline up to and including termination.
10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee
may request a post-disciplinary hearing. The request must be submitted to the
Assistant General Manager or designee, within ten (10) business days following the
effective date of the disciplinary action (for suspensions, the effective date will be the
first business day following the final day of the suspension). The Director of Human
Resources, or designee, will schedule a post disciplinary hearing with the General
Manager or a hearing officer selected by the General Manager. The hearing officer
may not be an employee of OC San. The hearing officer will provide a written,
advisory decision to the General Manager. The General Manager may uphold the
disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager will be
final. If the hearing officer upholds the disciplinary action, the employee will pay the
full cost and expenses of the hearing officer.
10.9. Disciplinary actions will be recorded in employee performance reviews. All
disciplinary action documentation, except verbal reprimand documentation, will be
placed in an employee's Personnel File in the Human Resources Department.
Verbal reprimand documentation will be kept in the supervisor’s employee files.
Supervisors shall inform management staff when a verbal reprimand is to be
implemented. If after twenty-four (24) months from implementation there have been
no recurrences of similar incidents, the supervisor shall destroy the verbal reprimand
documentation.
10.10. Written reprimands may be removed from an employee’s personnel file twenty-four
(24) months subsequent to the date of the issuance, provided that there has been no
recurrence of a similar incident during the period. If the Human Resources
Department agrees to remove the written reprimand documentation from an
employee’s personnel file such documentation will be retained in a separate file by
the Human Resources Department for the purpose of showing that progressive
discipline has been followed or in support of OC San proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this
Agreement through the Problem Solving Procedure. Nothing in this article will be
construed as a waiver of any statutory or constitutional rights.
10.12. A reduction in pay or demotion to a classification with a lower pay grade that is not a
result of performance deficiencies (for example, reclassifications, “bumping”
associated with layoffs, reasonable accommodation) shall not be considered
discipline.
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ARTICLE 11. - GRIEVANCE PROCEDURE
11.1. A grievance is any complaint that management has violated a specific provision of
this Agreement, except that, in accordance with Article 10 above, discipline which
requires a Notice of Intent may not be reviewed under this Grievance Procedure.
11.2. A grievance may be brought to the attention of OC San by an individual employee
within the Group or by the Group. OC San may not bring a grievance through this
procedure. Grievances brought by two (2) or more employees, and concerning the
same incident, issue, or course of conduct, or multiple grievances brought by the
same employee may, upon mutual agreement of OC San and the Group, be
consolidated for the purposes of this procedure.
11.3. Employees are encouraged prior to bringing forward a formal grievance, to discuss
the issue with the Director of Human Resources, or designee, in an effort to bring
about an informal resolution.
11.4. An employee may be self-represented or be represented by the Group at all steps of
the Grievance Procedure unless specifically agreed otherwise by the Group and the
employee. OC San will provide a copy of all written grievance settlements to the
Group. Any reference to days in this article implies business days.
11.4.1. Step 1. An employee who has a complaint will attempt to resolve it with
his/her immediate supervisor within ten (10) days of the occurrence of the
event giving rise to the complaint, or within ten (10) days from the time that
the employee became aware of such event. The supervisor will attempt to
resolve the issues surrounding the complaint, and respond to the employee
within ten (10) days.
11.4.2. Step 2. If the grievance is not settled informally at Step 1, it may be
submitted in writing to the employee's Department Head, or designee, with a
copy provided to the Director of Human Resources or designee. This request
for formal review must be presented on a form provided by OC San within
ten (10) days of the conclusion of Step 1. The written grievance must:
11.4.2.1. Identify the specific management act to be reviewed;
11.4.2.2. Specify how the employee was adversely affected;
11.4.2.3. List the specific provisions of this agreement that were allegedly
violated and state how they were violated;
11.4.2.4. Specify the remedy requested; and
11.4.2.5. Provide the date of attempts at informal resolution and the name
of the supervisor or individual involved.
11.4.3. The Department Head will respond in writing to the employee within ten (10)
days after the date the grievance is received.
11.4.4. Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to
the Assistant General Manager, or designee, for review and written
response. The request for formal review must be presented on a form
provided by OC San within ten (10) days of the conclusion of Step 1 or 2,
and must contain the information specified in Step 2 above. A copy of each
written communication on a grievance shall be filed with the Assistant
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General Manager, or designee. The Assistant General Manager, or
designee, will respond in writing to the employee within ten (10) days after
the date the grievance is received.
11.4.5. Step 4. If the grievance cannot be resolved under Step 3, it may be
presented to the General Manager within ten (10five (5) days from the date
the Step 3 finding was issued. The General Manager, or designee, will
respond in writing to the employee within fifteen (15ten (10) days after the
date the grievance is received. The decision of the General Manager is final.
11.5. General Provisions. An employee will be given reasonable time off without loss of
pay to present and process a grievance. If an employee is represented by the Group,
the Group may designate one (1) employee to present and process the grievance.
The employee representative will be given reasonable time off without loss of pay to
perform this responsibility. Absence from work will be approved only if it does not
cause disruption to OC San operations. However, if the time requested cannot be
provided, an alternate time will be arranged.
11.6. Failure of a supervisor, Department Head or other management representative to
respond within the appropriate time limit will provide a basis for the employee
appealing to the next step. If a grievance is not presented or appealed within the time
limits, it will be considered resolved on the basis of the preceding response. The
Human Resources Department may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists. Time limits may also be extended at
any step upon mutual agreement of the parties. OC San agrees to meet face-to-face
with the employee at each step of the grievance procedure at the request of the
employee.
11.7. Resolution may be agreed upon at any stage of the grievance process. However, the
Group will be notified prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
12.1. Employees may bring problems to the attention of OC San 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. Counseling and performance appraisals are not subject to the problem
solving procedure. Any reference to days in this article implies business days.
12.2. Employees should discuss concerns regarding issues that are not grievable with their
supervisor as soon as possible. The supervisor will review the situation or decision,
and provide a written response within five (5) days from the date they were notified of
the problem.
12.3. If the problem is not resolved to the employee's satisfaction, the employee may file a
written statement concerning the problem with the Human Resources Department
within ten (10) days of receipt of the supervisor's decision. Upon request of either
party, a meeting will be held to define issues and establish the remedies sought. The
employee will be provided a written response within ten (10) days after his/her
statement is received. Time limits may be extended for cause upon mutual consent
of the parties, and the decision of the Human Resources Department is final.
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ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
13.1. Each pay grade is divided into five (5) steps, with an approximate 5.0% difference
between each step.
13.2. Pay increases will only apply to eligible employees in an active payroll status on the
effective date of implementation. Eligible employees will not receive retroactivity if
active payroll status becomes effective after the date of implementation.
13.3. Merit Pay
13.3.1. Step Increase Pay – Group employees are eligible for Step Increase Pay
based upon receipt of year-end performance appraisal ratings issued by the
assigned supervisor. Step Increase Pay will be paid according to the
following:
13.3.1.1. Eligible - Employees must have a proficient year-end performance
appraisal to receive a one (1) step base-building salary increase
until earning placement at step five (5).
13.3.1.2. Ineligible - Employees who are placed on a Performance
Improvement Plan (PIP) due to a needs improvement performance
review on the year-end appraisal or who are on a PIP at the time of
the year-end appraisal period will remain at their current step until
the PIP is satisfactorily completed.
13.4. Performance Management Program: The performance management program
includes two (2) rating categories (proficient and needs improvement) for
performance appraisals.
13.5. Development Pay – Employees under this Agreement are eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a
lump-sum amount each pay period. Employees must have a proficient year-end
performance appraisal to be eligible for the following Development Pay types:
13.5.1. Education –Eligible employees who obtain or who have obtained a
graduate degree of approved subjects at an accredited college or
university will receive $75.00 per pay period.
13.5.2. Certification/License –Eligible employees who obtain or who have
obtained an OC San approved certification or license will receive $15.24
per pay period per certificate or license with a maximum of three (3)
certificates and/or licenses.
13.5.3. Grade V Pay – Employees who receive Grade V pay in accordance with
the applicable OC San policy are ineligible to receive Development Pay
for their Grade V California Wastewater Treatment Plant Operator
Certificate. Employees who possess a Grade V Certificate and do not
meet the criteria for Grade V Pay are eligible for Development Pay in
accordance with the Development Pay Program Guidelines.
13.6. Employees who are placed on a PIP due to a needs improvement performance
review on the year-end performance appraisal are not eligible for Development Pay
until the PIP is satisfactorily completed.
13.7. Employees who are placed on a PIP due to needs improvement performance outside
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the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13.8. Salary Range Adjustments
13.8.1. Effective the first pay period in July 20225, employees under this
Agreement will receive salary range adjustments at a flat rate of 4.5%.
13.8.2. Effective the first pay period in July 20236, employees under this
Agreement will receive salary range adjustments at a flat rate of 4.05%.
13.8.3. Effective the first pay period in July 20247, employees under this
Agreement will receive salary range adjustments at a flat rate of 3.50%.
13.9. Investment Incentive Salary (IIS)
13.9.1. An additional amount of 4% of base salary will be paid to employees
hired or promoted into the Group on or before October 16, 2003 in a
lump-sum amount each pay period. This provision continues to make
employees whole as a result of the Ventura decision. The above
percentages will not be counted toward base salary for the purpose of
salary surveys.
13.9.2. In addition, employees hired or promoted into the Group on or before
October 16, 2003 will be paid $1250 annually or $48.08 per pay period in
IIS to further encourage savings and investment for retirement.
13.9.3. IIS amounts are applied to annual, retirement, and termination leave
payouts for eligible employees.
13.10. One-Time Lump Sum Payment – Employees hired or promoted into the Group as of
the last day of the first full pay period in July 20225 will receive a $1,5000 one-time
payment. The payment shall not apply to employees hired after the first full pay
period following approval and adoption of the Agreement.
ARTICLE 14. - SEVERANCE PAY
14.1. Except for disciplinary cause or release from probation, when a full-time employee is
terminated by action of OC San, the employee will be notified in writing two (2) weeks
prior to the effective separation date. The employee will be entitled to severance pay
in accordance with the formula set forth below:
14.1.1. Full-time, regular employees will be entitled to eight (8) hours pay for
each full calendar month of continuous employment not to exceed one
hundred sixty (160) hours pay.
14.1.2. Employees in limited term or part-time positions, probationary employees
and employees who are separated for cause are not eligible for
severance pay under any circumstances.
ARTICLE 15. - DEFERRED COMPENSATION
15.1. Employees may participate in OC San approved deferred compensation plans,
subject to IRS requirements, and in accordance with all guidelines for voluntary
participation established by OC San management.
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15.1.1. Effective the first full pay period in July 2022, employeesOC San will
make a 401(a) plan available to eligible employees to allow for applicable
matching OC San contributions. Participating employees shall be
responsible for any administrative fees associated with this plan.
15.2. Employees covered by OCERS Plans B and U and who participate in the deferred
compensation plan, are eligible to receive up to a $235 per month matching OC San
contribution. Effective the first full pay period in July 2025, employees covered by
OCERS Plans B and U and who participate in the deferred compensation plan, are
eligible to receive up to $445 per month matching OC San contribution.
ARTICLE 16. - HOLIDAYS
16.1. The days listed below are observed by OC San as holidays. Employees will receive
holiday pay if their entire scheduled work shifts immediately preceding and following
the holiday are in a paid payroll status, meaning the employee worked those shifts or
utilized paid time off in lieu of working those shifts. When an employee's work
schedule requires that they work on an observed holiday, the employee will be paid
at the employee's regular rate of pay for the holiday, and will also receive pay at the
rate of one and one half (1.5) times his/her regular hourly rate for all hours actually
worked. Employees may also elect to receive Holiday Compensatory Time Off on an
hour for hour basis rather than receive holiday pay, if requested by December 31 of
the prior year on the Holiday Comp Cashout Form. When a holiday occurs on an
employee's regular scheduled day off, the employee will accrue compensatory time
off for the amount of hours normally scheduled for that day. Employees with a
compensatory time off balance in excess of fifty (50) hours as of the last pay period
ending in October will receive a mandatory payout for the hours that exceed fifty (50).
The mandatory payout shall be made in the form of a contribution into the employee’s
HRA according to Article 20 – Insurance, Health Reimbursement Arrangement,
Section 20.15.4.
Holidays
New Year’s Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday (refer to
section 16.2)
16.2. Floating Holiday: Employees will be granted “Floating Holiday” hours equal to and no
less than one (1) regular workday during each calendar year. Floating Holiday hours
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may be utilized in one quarter (.25) hour increments. New employees shall be
granted a “Floating Holiday” on a pro rata basis in the first calendar year of service
per the following table:
Hire Date Percent
1st Quarter (January-March) 100%
2nd Quarter (April-June) 75%
3rd Quarter (July-September) 50%
4th Quarter (October-December) 0%
16.3. Employees must use the “Floating Holiday” within the year it is granted, and it is not
subject to cash out or eligible for any mandatory payout regardless of reason. Every
effort will be made to approve an employee's request for a "Floating Holiday" off
providing sufficient notice is given.
16.4. Part-time employees are eligible for holiday benefits on a pro-rata basis as set forth
in applicable OC San Policy.
ARTICLE 17. - HOURS OF WORK
17.1. The work schedule for full-time employees will be eighty (80) hours per biweekly pay
period, normally scheduled in shifts of five (5) eight 8-hour days each week, four (4)
nine 9-hour days each week and one (1) additional 8-hour day on alternate weeks
(9/80), four (4) ten 10-hour days each week (8/80), or three (3) twelve 12-hour days
each week and one (1) additional 8-hour day on alternate weeks (7/80). However,
with the approval of the employee’s supervisor, employees may be allowed to flex
their schedule within the pay period provided that the business needs, work flow, and
customer service needs of OC San are met.
17.1.1. Operations Supervisors and Chief Plant Operators will receive paid thirty
(30) minute meal periods during which time Operations Supervisors and
Chief Plant Operators will remain on OC San premises and perform any
work as necessary.
17.2. OC San may, at its sole discretion, change an employee’s work schedule with thirty
(30) days written notice to the affected employee, which may be waived by the
employee per written request.
17.2.1. The 30-day notice will not be applicable if the change is a result of a
reasonable accommodation.
17.3. OC San may provide the option of telecommuting, as set forth in the Telecommuting
Policy.
ARTICLE 18.
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ARTICLE 19.
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ARTICLE 20. - INSURANCE
20.1. OC San will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following
date of hire, regardless of hire date. An open enrollment period will be held annually.
20.3. Medical Insurance
20.3.1. OC San will provide medical health insurance coverage through a Health
Maintenance Organization (HMO) medical insurance plan, a Preferred
Provider Organization (PPO) medical insurance plan, and a High
Deductible Health Plan (HDHP).
20.4. Regular, full-time employees OC San will contribute 90% of employee only premiums
for the HMO medical health plans and 80% of employee only premiums for the PPO
and HDHP medical plans. OC San will contribute 80% of the employee +1
dependent and full family premiums for the HMO or, PPO or HDHP medical plans.
Any change in insurance rates will be shared equally in same ratio as OC San and
employees currently pay premiums. Before the renewal of any OC San sponsored
health insurance plan, the parties agree to meet and confer as to changes in the
plan.
20.5. Regular, part-time employees Part-time employees are eligible for medical insurance
benefits on a pro-rata basis as set forth in the applicable OC San Policy.
20.6. The HDHP will be accompanied by a Health Savings Account (HSA) to pay for
qualified medical expenses. OC San will use a portion of the cost savings in
premiums to fund the HSA accounts during active employment only. The HSA will be
funded with the savings generated annually by calculating the difference between OC
San’s share of the PPO and HDHP premiums. Exact HSA account funding will be
calculated annually, prior to open enrollment, in an amount up to the difference in
deductibles, not to exceed OC San's aforementioned annual premium cost savings.
20.7. OC San may reopen negotiations at any time during the term of this agreement to
address the impact of the Affordable Care Act (ACA).
20.8.20.7. Group Insurance Premiums
20.8.1.20.7.1. Group insurance premiums that are paid by salary redirection
can be made on a pre-tax basis.
20.9.20.8. Life Insurance
20.9.1.20.8.1. OC San will pay up to the full premium for $50,000 term life
insurance on each employee according to the plan terms, which provide
for reductions at specific ages.
20.10.20.9. Short Term Disability
20.10.1.20.9.1. OC San will provide a non-work related, short-term disability
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indemnity plan that provides benefits for employees equal to the
maximum weekly amount provided through California’s State Disability
Insurance (SDI) program for up to twenty-six (26) weeks following a
fourteen (14) calendar day waiting period.
20.11.20.10. Long Term Disability
20.11.1.20.10.1. OC San will provide a non-work related, long-term disability
indemnity plan that pays two-thirds of the employee's rate of pay in effect
at the time of such disability, not to exceed $5,000 per month, following a
90-day waiting period of continuous disability, at such time that an
employee completes five (5) years of service.
20.11.2.20.10.2. For participants age 64 and younger, the maximum period of
payment is based on the Social Security Act retirement age of 65. For
participants age 65 and older, the maximum period of payment is
specified. The specified periods and additional information about
coverage is included in OC San’s long term disability plan contract
accessible on the intranet.
20.11.3.20.10.3. No combination of disability or sick leave pay will result in more
than an employee's regular rate of pay. Employees may not receive
short-term and long-term disability benefits at the same time. An
employee who is otherwise not eligible for OC San paid Long Term
Disability may purchase such coverage at their own expense.
20.12.20.11. Dental Insurance
20.12.1.20.11.1. OC San will contribute 80% of employee only and full family
premiums for dental insurance.
20.13.20.12. Vision Insurance
20.13.1.20.12.1. OC San will provide a vision insurance plan for regular, full-time
employees and eligible dependents. Part-time employees are eligible for
vision insurance benefits on a pro-rata basis as set forth in applicable
OC San Policy.
20.14.20.13. Retiring Employees
20.14.1. OC San will pay, for employees hired prior to July 1, 1988, two and one-
half (2.5) months' premium for each year of continuous service of a
retiring employee towards the premium costs of coverage for the
employee and eligible dependents under OC San medical plan.
20.14.2. In the event OC San adds additional optional insurance plans, OC San's
share of the premium will be the same as for existing plans as set forth
above. In the event OC San changes underwriters for existing insurance
plans, OC San's share of the premium will be the same as for existing
insurance plans as set forth above.
20.14.3.20.13.1. OC San will continue to implement the retiree medical health
premium offset program wherein the cost of health premiums are offset
by $10 per month for every full year of continuous service up to a
maximum of 25 years or $250 per month.
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20.14.4.20.13.2. Continuous service is calculated based on benefitted
employment. Time as an intern or in non-benefitted status shall not
count toward continuous service.
20.15.20.14. Health Reimbursement Arrangement: OC San will establish a Health
Reimbursement Arrangement (HRA) for all employees in the Group, per Internal
Revenue Guidance Rev. Rul. 2002-41 and Rev. No.Code Sections 105 and 106 and
IRS Notice 2002-45.
20.15.1.20.14.1. All employees of the Group shall be required to contribute
uniformly to the HRA according to the following plan design and may not
opt out.
20.15.2.20.14.2. All mandatory sick leave payouts shall be contributed to the
employee’s HRA according to the provisions in Article 27 – Leave of
Absence with Pay, Sections 27.2.5 and 27.2.11.
20.15.3.20.14.3. All mandatory vacation payouts shall be contributed to the
employee’s HRA in accordance with Article 27 – Leave of Absence with
Pay, Section 27.1.5.
20.15.4.20.14.4. All mandatory compensatory payouts shall be contributed to the
employee’s HRA in accordance with Article 16 - Holidays, Section 16.1.
20.15.5.20.14.5. In the event of death while employed at OC San, any
compensation as a result of any accrued and unused sick leave,
vacation leave, and compensatory leave payouts shall be paid to the
employee’s designated beneficiaries.
20.15.6.20.14.6. In the event of death, the employee’s HRA account and all
remaining monies within the account shall be transferred to the qualified
dependent of record. The qualified dependent of record is a designation
defined by IRS rules rather than an employee-chosen beneficiary. In the
event there is no qualified dependent of record, all assets in the HRA
shall be forfeited and distributed on a non-discriminatory basis to
remaining plan participants.
20.15.7.20.14.7. In the event of termination by OC San, any compensation as a
result of accrued and unused sick leave, vacation leave, and
compensatory leave payouts shall be paid directly to the employee.
20.15.8.20.14.8. OC San shall pay the administrative costs of the HRA plan up to
a maximum of $30 per year per employee. Employees shall be
responsible for any asset management fees.
20.15.9.20.14.9. Effective the last full pay period in October 2022, OC San will
contribute $50 per month to each employee’s HRA account.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
21.1. Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars
to pay for their portion of the cost of benefits under the Plan through salary
redirection arrangements. The options available under the flexible benefits program
are listed below. This is a brief overview of the different options. For complete
information regarding Flexible Spending Accounts employees must refer to the plan
booklet available in the Human Resources Department.
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21.2. Medical Reimbursement Account
21.2.1. The purpose of this account is to provide a method through which the
employee can accumulate pre-tax funds in a Medical Care
Reimbursement Account for purposes of reimbursing himself/herself for
payment of health care costs not otherwise covered by his/her medical
insurance.
21.3. Dependent Care Assistance Account
21.3.1. The purpose of this account is to provide a method through which the
employee can accumulate pre-tax funds in a Dependent Care Assistance
Account for purposes of reimbursing himself/herself for childcare
expenses or day care for a disabled dependent.
ARTICLE 22. – EXTRAORDINARY SERVICES COMPENSATION
22.1. Employees in the Group are exempt from the overtime provisions of the Fair Labor
Standards Act. However, when services are required beyond what is normally
expected of a position in this Group, employees will be eligible to receive additional
compensation, as defined herein, for performing extraordinary services.
Extraordinary services shall be defined as:
22.1.1. The General Manager declares an emergency. A declaration of an
emergency is at the sole discretion of the General Manager whose
decision is final and not subject to any other provision of this Agreement,
including Article 11 – Grievance Procedure or Article 12 – Problem
Solving Procedure.
22.1.2. The General Manager determines that there exists a critical event. A
critical event is defined as work of a prolonged nature; involving non-
emergency related services; major special projects; or when a
substantial effort must be expended to meet a compliance date or
scheduled deadline. The designation of a critical event is at the sole
discretion of the General Manager whose decision is final and not
subject to any other provision of this Agreement, including Article 11 –
Grievance Procedure or Article 12 – Problem Solving Procedure.
22.1.3. Written approval of a critical event must be obtained in advance of the
work to be performed. The authorization shall set forth the work to be
accomplished, the anticipated start and end date and those employees
expected to participate in the work. The Department Head, or designee,
will be responsible for determining the actual start and end date as well
as those who actually work the event.
22.2. Upon the declaration of an emergency or upon the designation of a critical event,
employees will be compensated as follows:
22.2.1. Compensation will be restricted to those employees that are assigned to
the event, independent from which department they are assigned.
22.2.2. For emergencies, compensation will occur for all hours outside the
employee’s regularly scheduled work shift. For critical events,
compensation will occur for all hours after an initial 10 hours of
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uncompensated time has elapsed.
22.2.3. Employees in the Operations Supervisor classification will receive
additional compensation at one and one-half (1.5) times their regular rate
of pay. All other classifications shall receive straight time compensation.
ARTICLE 23. – PROBATIONARY PERIOD
23.1. All new employees serve an initial probationary period beginning with the date of hire
and extending to at least the first day of the pay period following one-year of
employment without a break in service. Extended absence without pay, short-term
and long-term disability and Workers' Compensation leave does not provide an
opportunity to judge an employees' capability to meet performance expectations for a
position, and thus the time spent on such leaves will not be included towards
completion of the probationary period and may result in an extension.
23.2. Employees who are rehired following a break in service must complete a new
probationary period whether or not one was previously completed.
23.3. New employees serving their initial probationary period shall be eligible for
Development Pay and/or certification/license reimbursement the first day of the pay
period following six months of employment without a break in service.
23.4. An employee may be released during his/her initial probationary period at the
discretion of OC San without recourse to the Grievance, Discipline or Appeal
Procedure (i.e., an employee is “at-will” during his/her probationary period).
Employees within the initial probationary period do not have any property rights in
their job during probation and may be separated with or without cause.
23.5. Employees who are reassigned or, laterally transferred or have a voluntary job
change will serve a probationary period of six months. The “probationary period”
shall not divest an employee of his/her property right in his/her former position.
Rejection of probation during this period shall result in the employee reverting to
his/her former assignment and/or position.
ARTICLE 24. – PROMOTIONS
24.1. A promotion is the appointment of an employee to another classification with a higher
maximum rate of pay. OC San will determine whether a vacant position will be filled
as an openexternal or promotionalinternal recruitment. Whenever OC San intends to
fill a position by promotion, OC San will post the opportunity for a minimum of ten
(10) business days. Employees must apply during the period of posting. Notices will
be posted on OC San’s intranet.
24.2. A promoted employee will serve a promotional probationary period lastingthat
extends to at least until the first day of the pay period following twenty-six months
after(26) weeks of employment without a break in service, beginning with the
effective date of the promotion. OC San may extend an employee's promotional
probationary period for the length of any period during which an employee is on an
extended leave of absence during the probationary period.
24.3. If the promotion is for a classification that is subject to Department of Transportation
requirements, the employee selected for promotion will be required to successfully
complete alcohol and controlled substances testing prior to assuming the position.
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24.3.24.4. At any time during the promotional probationary period, an employee may be
returned to his/her previous position. or an equivalent position. The promotional
probationary period may be extended by mutual agreement between the employee
and OC San management for up to ninety (90) days.
24.4.24.5. 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 months(26)
weeks after the effective date of the promotion.
24.5.1. For those employees promoted during the pendency of their initial
probationary period, such period shall run concurrently with the
promotional probationary period and shall apply over the promotional
probationary period while it remains in effect. Should the initial
probationary period end before the promotional probationary period, the
promoted employee shall remain on the promotional probationary period
for the remaining period until at least the first day of the pay period
following twenty-six (26) weeks of employment without a break in service.
24.5.24.6. Promoted employees will receive the equivalent of a one (1) step increase in pay,
not to exceed the top of the range for the new classification or the minimum rate of
the new classification whichever is greater.
ARTICLE 25. – RETIREMENT
25.1. OC San will continue participation in the Orange County Employees Retirement
System (OCERS), wherein all full-time employees and part-time employees
scheduled to work twenty (20) hours per week, or more are considered members.
The following retirement program is in effect pursuant to the contract between
OCERS and OC San.
25.1.1. Employees hired on or after September 21, 1979 and before October 1,
2010: OC San will continue to contract with OCERS to provide the 2.5%
@ 55 benefit formula (Plan H) based on the highest consecutive thirty-six
(36) months average earnings, past and future service.
25.1.1.1. OC San will continue to pay 3.5% of an eligible employee’s
base salary towards the employee’s contribution to OCERS.
25.1.2. Employees hired on or after October 1, 2010 and before January 1,
2013: OC San will contract with OCERS to provide the 1.667% @ 57.5
benefit formula (Plan B) based on the highest consecutive thirty-six (36)
months average earnings, past and future service.
25.1.2.1. OC San will pay 0% of an eligible employee’s base salary
towards the employee’s contributions to OCERS.
25.1.3. Employees hired on or after January 1, 2013: OC San will contract with
OCERS to provide the 2.5% @ 67 benefit formula (Plan U - PEPRA)
based on the highest consecutive thirty-six (36) months average
earnings, past and future service.
25.1.3.1. OC San will pay 0% of an eligible employee’s base salary
towards the employee’s contribution to OCERS.
25.2. All monies actually contributed into the retirement system by an employee will be
deducted from gross salary for taxation purposes in accordance with Internal
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Revenue Code provisions.
ARTICLE 26. – SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of 50% or more of the
hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift will receive a
shift differential of $3.00 per hour. for each hour worked between 6:00 p.m. and 6:00
a.m.
ARTICLE 27. – LEAVE-OF-ABSENCE WITH PAY
27.1. Vacation Leave
27.1.1. Except as otherwise provided, regular full-time employees accrue
vacation leave, beginning with the first day of employment, in
accordance with the following schedule:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 5.85 152
In year 15 6.16 160
In year 16 6.46 168
In year 17 6.77 176
In year 18 7.08 184
In year 19 7.39 192
In year 20 and over 7.69 200
27.1.2. Part-time employees accrue vacation leave on a pro-rata basis as set
forth in applicable OC San Policy.
27.1.3. Vacation leave may only be utilized in increments of one-quarter (0.25)
hour or more. Vacation leave is accrued for all paid hours, including
hours actually worked and hours in a paid-leave payroll status.
27.1.4. When unpaid absences occur, vacation leave accruals will be applied by
straight proration of leave accruals based on the number of hours paid
within the pay period, and is applicable to all types of leave, whether
legally protected or not.
27.1.5. Annual Payoff. Employees may have a maximum accumulation of two
hundred (200) hours as of the last day of the final pay period in
December of each year. In the event an employee accrues vacation
leave in excess of two hundred (200) hours, it must be used prior to said
December date,; all other remaining hours in excess of two hundred
(200) will be contributed into the employee’s HRA according to Article 20
– Insurance, Health Reimbursement Arrangement, Section 20.15.3.
This will occur in the first pay period in January at the employee's then
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current hourly rate of compensation.
27.2. Sick Leave
27.2.1. Definition. Sick leave is an insurance or protection provided by OC San
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: to
attend to the illness or injury of a family member as hereinafter defined:
or, for an employee or family member who is a victim of violence,
domestic violence, sexual assault, or stalking, for the purposes described
in Labor Code sections 230(c) and 230.1(a). Temporary employees shall
receive sick leave benefits as required by State law.
27.2.2. Method. - Sick Leave Accrual. Full-time employees hired prior to
November 27, 1981, accrue paid sick leave at the rate of three and one-
half (3.5) hours for each biweekly pay period of continuous service;
ninety-one (91) hours per year. Full-time employees hired on or after
November 27, 1981, accrue paid sick leave at the rate of three (3.0)
hours for each biweekly pay period of continuous service; (seventy-eight
(78) hours per year), beginning with the first day of employment.
27.2.3. Part-time employees accrue sick leave on a pro-rata basis as set forth in
applicable OC San Policy.
27.2.4. When unpaid absences occur, sick leave accruals will be applied by
straight proration of leave accruals based on the number of hours paid
within the pay period, and is applicable to all types of leave, whether
legally protected or not.
27.2.5. Annual Payoff. Employees may elect annually to be paid for any unused
sick leave hours accrued through the last pay period ending in October
at their current hourly rate according to the following payoff schedule.
The mandatory payout shall be made in the form of a contribution into
the employee’s HRA according to Article 20 – Insurance, Health
Reimbursement Arrangement, Section 20.15.2:
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
27.2.6. Employees who terminate for any reason other than retirement or death
will be compensated for any accrued and unused sick leave according to
the above schedule. Employees who retire or decease with twenty (20)
years or more of service will be paid at the one hundred percent (100%)
rate for all accrued and unused sick leave. Employees who retire or
decease with less than twenty (20) years of service will be paid at the
seventy-five percent (75%) rate for all accrued and unused sick leave.
27.2.7. Permissible Uses. Sick leave may be applied only to the following
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situations:
27.2.7.1. Absence due to illness, injury or pregnancy of an employee.
27.2.7.2. Absence due to medical and dental office appointments of an
employee when approved by the employee's supervisor.
27.2.7.3 Absence for the care of the employee's father, father-in-law,
mother, mother-in-law, brother, sister, husband, wife,
domestic partner, child, child of domestic partner,
grandparent, grandchild, legal guardian, or family member
with whom the employee resides; or designated person. A
designated person is a person identified by the employee at
the time the employee requests sick leave. The employee is
limited to one designated person per rolling 12-month period.
27.2.7.4. Absence due to a job-related injury.
27.2.7.5. Absence related to an employee or family member who is a
victim of violence, domestic violence, sexual assault, or
stalking, for the purposes described in Labor Code sections
246.5, 230(c) and 230.1(a).
27.2.7.6. Bereavement Leave, as set forth in section 27.6.1, below.
27.2.8. Protected Sick Leave. As prescribed under California Labor Code section
233, employees may use up to one-half (1/2) of their annual sick leave
accruals in any calendar year for qualifying reasons to care for eligible
family members.
27.2.8.27.2.9. General Provisions. To qualify for sick leave pay, the employee
must notify OC San at or in advance of the time the employee is
scheduled to report for duty. Minimum charge to the employee’s sick
leave account will be one-quarter (0.25) hour increments.
27.2.9.27.2.10. The Human Resources Department and department
management will be responsible for controlling the abuse of the sick
leave privilege. Except for the first forty (40) hours or five (5) days of sick
leave use as prescribed under the California Paid Sick Leave Law, if
notified in advance by a manager or supervisor, the employee may be
required to furnish a certificate issued by a licensed physician or nurse,
or other satisfactory evidence of illness. For absences of ten (10)
consecutive working days or more, a request for leave and a medical
statement, on prescribed forms, stating expected date of return must be
submitted to the Human Resources Department. Upon return to work, a
written doctor's release must be submitted to the Human Resources
Department. For absences of one (1) or more working days in an unpaid
status, a request for leave and a medical statement, on prescribed forms,
stating expected date of return must be submitted to the Human
Resources Department.
27.2.10.27.2.11. If the need for leave is due to the employee's serious health
condition, as defined in the Family and Medical Leave Act ("FMLA") or
the California Family Rights Act ("CFRA"), the certification requirement
will comply with the provisions of these Acts.
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27.2.11.27.2.12. Sick Leave Incentive Plan. If the average sick leave usage of
employees in the Group is under forty (40) hours per year, calculated on
annualized actual time off from October to October, based on the last
pay periods ending in October, exclusive of catastrophic illness or injury
requiring absence in excess of two hundred (200) hours or industrial
injury leave in excess of eighty (80) hours, the annual payoff for unused
sick leave will be as follows in the chart below. The mandatory payout
shall be made in the form of a contribution into the employee’s HRA
according to Article 20 – Insurance, Health Reimbursement
Arrangement, Section 20.15.2:
Accrued Sick Leave Hours Rate of Payoff
0 – 100 15%
101 – 240 45%
241 – 560 60%
Over 560 (mandatory) 75%
27.3. Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty
will be entitled to his/her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two (22) working
days.
27.3.2 Prior to jury duty service, employees must complete an online time off
request form. To be entitled to receive regular pay for such jury leave,
employees must report for work during their regularly scheduled work
shift when they are relieved from jury duty service, unless there is less
than one-half (½) of a regular shift remaining. Employees are not
compensated for jury duty occurring on scheduled days off.
27.3.3 An employee serving jury duty must obtain an attendance slip from the
court to be submitted to his/her supervisor with his/her timesheet in order
to be eligible for regular pay for those hours of absence due to jury duty.
27.4 Witness Leave
27.4.1 Any full-time, including probationary, employee, who is required to be
absent from work by a subpoena properly issued by a court, agency or
commission legally empowered to subpoena witnesses, which subpoena
compels his/her presence as a witness, except in a matter wherein
he/she is named as a defendant or plaintiff or as an expert witness, will,
upon approval of an online time off request, be entitled the time
necessary to comply with such subpoena. An employee’s regular pay
will be reduced by the amount of witness leave pay received, exclusive
of mileage.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to
his/her supervisor and complete an online time off request form in order
to be eligible for pay for such absence. To be entitled to receive regular
pay for such witness leave, the employee must report for work at OC
San for time not actually retained on witness service of one (1) hour or
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more prior to and/or upon completion of each day's service, exclusive of
travel time.
27.5 Military Leave
27.5.1 A request for military leave will be made upon leave-of-absence forms
approved by the Human Resources Department and will state the date
when it is desired to begin the leave-of-absence and the date of
anticipated return. A copy of the orders requiring such military service will
be submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California,
Sections 395-395.5 will govern military leave. In general, current law
provides that an employee having one (1) year or more service with a
public entity is entitled to military leave with pay not exceeding thirty (30)
days per year if the employee is engaged in military duty ordered for
purposes of active military training or encampment. An employee who is
required to attend scheduled service drill periods or perform other
inactive duty reserve obligations is entitled to military leave without pay,
not exceeding seventeen (17) calendar days per year, although the
employee may, at his or her option, elect to use vacation, administrative
leave, or personal leave time to attend the scheduled reserve drill
periods or to perform other inactive drill period obligations. Employees
who participate in weekend military drill duty are not eligible for leave
with pay for such activity, but may have their regular work schedule
changed to accommodate the required time off.
27.6 Bereavement Leave
27.6.1 Any full-time employee, whether probationary or regular, shall receive a
maximumup to five (5) days of bereavement leave, thirty-six (36) hours
off with payof which will be paid, for the death or funeral of an immediate
family member. An employee may use existing accruals (i.e., sick,
vacation, administrative leave, compensatory time off) in order to be paid
for up to five (5) days. Bereavement leave shall be used within six (6)
months of the death of the immediate family member. Immediate family
member is defined as the employee's father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-
sister, husband, wife, domestic partner, biological child, adopted child,
step-child, child of a domestic partner, grandchild, grandparent, foster
parent, foster child, legal guardian, or any family member with whom the
employee resides. Employees must submit an online time off request
form for approval by their supervisor. Employees may be required to
furnish evidence satisfactory to OC San of the family member’s death
and the employee’s relationship to the deceased family member.
Employees may submit requests for bereavement leave after the six (6)
months to the Director of Human Resources or designee, who has the
discretion to grant or deny such requests. Any denial of a request for the
use of bereavement leave after the designated six (6) months is not
grievable or otherwise subject to appeal.
27.6.2 Part-time employees are eligible for paid bereavement leave on a pro-
rata basis as set forth in applicable OC San Policy.
27.7 Administrative Leave
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27.7.1 Administrative Leave is provided to FLSA exempt employees who are
not eligible for overtime in an effort to recognize that based on the nature
of the work and classification, the job and duties may extend beyond
regularly scheduled work hours.
27.7.127.7.2 Effective the first pay period in July, regular full-time employees
in the Group shall be granted forty (40sixty (60) hours of Administrative
Leave. Employees who are hired or promoted intobecome part of the
Group shall be granted Administrative Leave on a pro-rata basis per the
following schedule:
Hire Date Percent
July - September 100%
October - December 75%
January - March 50%
April - June 0%
27.7.227.7.3 Administrative Leave will be administered in accordance with the
following guidelines:
27.7.2.127.7.3.1 Administrative Leave may be used in one-
quarter-( (0.25) hour increments.
27.7.2.227.7.3.2 Any unused Administrative Leave, within the
fiscal year granted, will not be carried over to the next fiscal
year.
27.7.2.327.7.3.3 Any unused Administrative Leave, within the
fiscal year granted, is not subject to cash out or eligible for any
mandatory payout.
27.7.2.427.7.3.4 Employees who cease to be part of the Group
for any reason will forfeit any unused Administrative Leave.
27.7.3.5 Movement within the Supervisory and Professional Groups will
not be subject to pro-rata granting, or forfeiture of
Administrative Leave.
ARTICLE 28. – LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of OC San to grant employees leaves-of-absence without pay under
certain circumstances and in accordance with state and federal benefit entitlement
laws. Except as stated below, employees will not receive compensation during an
unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence
prior to exhausting all paid leave accrual balances, excluding employees protected
by PDL (Pregnancy Disability Leave)/FMLA (Family and Medical Leave Act)/CFRA
(California Family Rights Act) for their own serious health condition.
28.2. Using the prescribed forms, approved by OC San management, any full-time,
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including probationary, or part-time employees with at least fifty-two (52) weeks of
service and at least twelve hundred fifty (1,250) hours of service, may be granted an
FMLA and/or CFRA leave-of-absence without pay, not to exceed twelve (12) weeks
in a rolling twelve (12) month calendar period. A “rolling” twelve (12) month period is
measured backward from the date the employee uses the leave. A request for
leaveLeave of absence without payAbsence Request must be made upon prescribed
forms in all instances where an employee is absent without pay for more than five (5)
consecutiveone (1) working days, or for absences of ten (10) working days or more
when using paid sick leave accruals.
28.3. Substitution of Paid Leave.
28.3.1. Employees who request FMLA and/or CFRA Leave for qualifying
purposes other than the employee’s own serious health condition will be
required to use all accruals before unpaid leave is granted.
28.3.2. Vacation, sick leave, administrative leave or personal leave accruals may
be used for the care of the employee’s father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-
sister, husband, wife, domestic partner, biological child, adopted child,
step-child, foster child, legal ward, child of a domestic partner, or a child
to whom the employee stands in loco parentis, grandchild, grandparent,
foster parent, legal guardian, or any family member with whom the
employee resides.
28.4. Permissible Uses
28.4.1. FMLA Leave. FMLA leave may be used for:
28.4.1.1. The birth of a child or to care for a newborn of an employee;
28.4.1.2. The placement of a child with an employee in connection with
the adoption or foster care of a child;
28.4.1.3. The care for the employee’s father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother,
sister, step-sister, husband, wife, domestic partner, biological
child, adopted child, step-child, foster child, legal ward, child of
a domestic partner, grandchild, grandparent, foster parent,
legal guardian, or any family member with whom the employee
resides, who has a serious health condition, as defined in the
Act;
28.4.1.4. The employee’s own serious health condition that renders the
employee unable to perform the essential functions of his or
her position, including incapacity due to pregnancy;
28.4.1.5. A qualifying exigency arising out of the fact that an employee’s
family member is on covered active duty or called to covered
active duty status in the Armed Forces. A qualifying exigency
may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of
the service member, or attending to farewell or arrival
arrangements for the service member;
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28.4.1.6. The care for the employee’s family member or “next of kin”
service member of the United States Armed Forces who has a
serious injury or illness incurred in the line of duty while on
active military duty. This leave may consist of up to 26 weeks
of unpaid leave during a single 12-month period.
28.4.2. CFRA Leave. CFRA Leave may be used for:
28.4.2.1. The same purposes as FMLA Leave, including the care of a
domestic partner or child of a domestic partnerdesignated
person identified by the employee at the time the employee
requests leave to care for that person, and will run
concurrently with FMLA leave.
28.4.2.1.1. Employees are limited to one (1) “designated
person” per rolling 12-month period.
28.4.2.2. CFRA Leave may not be used for 1) an employee’s incapacity
due to pregnancy, or 2) to care for a family member or next of
kin with a serious injury or illness incurred in the line of duty.
However, incapacity due to pregnancy may entitle an
employee to up to four (4) months of pregnancy disability leave
under California’s Pregnancy Disability Leave (PDL) law.
28.5. General Provisions
28.5.1. Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable, OC San requests
thirty (30) days advance notice.
28.5.2. Medical Certification
28.5.2.1. As a condition of FMLA and/or CFRA Leave because of a
serious health condition, OC San may require certification by
the employee’s attending physician in accordance with the
Department of Labor (DOL) regulations.
28.5.2.2. As a condition of FMLA and/or CFRA Leave because of an
eligible family member’s serious health condition, OC San may
require certification by the eligible family member’s attending
physician in accordance with the Department of Labor (DOL)
regulations.
28.5.3. Medical and Dental Premiums
28.5.3.1. During FMLA and/or CFRA Leave, OC San will pay for medical
and dental benefits at the same level as coverage would have
been provided if the employee was not on leave. The
employee will be required to pay his or her share of medical
and dental premiums. Failure to submit a monthly co-payment,
in full, within forty-five (45) days of the invoice date will result in
loss of group coverage. Coverage will be reinstated upon
return to active employment.
28.5.4. Reinstatement
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28.5.4.1. Upon expiration of FMLA and/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 OC San's obligation to continue health and dental
or other benefits will cease.
28.5.5. OC San Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave Married employees will be limited to a combined
total of twelve (12) weeks FMLA or CFRA Leave in a rolling
twelve (12) month calendar period for the care of a parent or
newly born or placed child.
28.5.6.28.5.5. General Leave
28.5.6.1.28.5.5.1. Employees who have exhausted all paid time off
accruals may request to be granted a general leave-of-
absence by OC San management to attend to personal
matters, or for FMLA and/or CFRA qualifying events after the
expirations of previously authorized leave.
28.5.6.2.28.5.5.2. During a general leave-of-absence, the
employee will be required to pay both OC San's and the
employee’s share of medical and dental premiums.
28.5.6.3.28.5.5.3. Failure to submit a monthly co-payment, in full,
within forty-five (45) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to
active employment.
28.5.7.28.5.6. Return to Work Policy
28.5.7.1.28.5.6.1. An employee who has been absent from work
due to a medical reason may be subject to a Return-to-Work
medical evaluation.
28.5.7.2.28.5.6.2. If it is determined that the job demands of the
position last held by the employee are not compatible with the
employee’s restrictions (with reasonable accommodation if the
employee is disabled within the meaning of the ADA/FEHA)
and the employee is willing to return to work, placement in an
alternative position, if available, will be considered. The
employee will be re-classified as medically disqualified while
alternative positions are being considered. Such time off will
be without pay; however, the employee may elect to use
accrued leave hours, such as vacation, sick or personal, to
receive compensation. Placement of an employee in an
alternative position requires a pre-placement medical
evaluation for the alternative job.
28.5.7.3.28.5.6.3. If it is determined that the job demands of the
position last held by the employee are not compatible with the
employee’s restrictions (and cannot be reasonably
accommodated if the employee is disabled within the meaning
of ADA/FEHA) and there is not an alternative position, or the
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employee’s restrictions are not compatible with an alternative
position, or the employee is not willing to return to work, the
employee will be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee will be retired for
disability, if eligible, or dismissed. Such dismissal will not imply
disciplinary action for cause. If requested, the employee’s file
will indicate the employee left for personal reasons.
28.5.8.28.5.7. Bridge of Service
28.5.8.1.28.5.7.1. If an employee is dismissed per Section 28.5.7.3
and then is rehired to a position within OC San within one (1)
year, OC San will bridge the employee’s service date. Bridging
of service procedures involve adding the total number of days
away from work to the employee’s original date of hire.
28.5.9.28.5.8. Failure to Return to Work
28.5.9.1.28.5.8.1. If, upon the expiration of FMLA and/or CFRA
Leave, or any OC San-approved extension thereof including
General Leave, an employee fails to return to work and no
additional leave has been authorized, the employee will be
considered to have automatically resigned from his/her
position. In such cases, the employee will receive advance
notification of OC San’s intent to implement an automatic
resignation.
28.5.10.28.5.9. Compliance with Law
28.5.10.1.28.5.9.1. These Leave-of-Absence provisions will be
interpreted and applied in a manner that is consistent with the
provisions of FMLA, CFRA, ADA and all other laws. In the
event there is a direct conflict between these provisions, as
written or applied, the provisions of law will govern.
ARTICLE 29. - CLASSIFICATION STUDIES
29.1. The law requires meet and confer over changes to wages, hours, and terms and
conditions of employment; OC San is committed to complying with the law.
29.2. 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 Human Resources Department for
consideration and response. Classification studies will only be conducted twice a
year in November and during the budget process; therefore, classification study
requests shall be submitted October 1st for the November review and according to
the Finance budget schedule which normally requests all information by the end of
February. OC San management may also conduct classification studies at their
discretion to ensure that the duties and responsibilities of all employees are
appropriately allocated within the classification structure.
29.2.1. The findings of the Human Resources Department are final and not
subject to the appeal, problem-solving or grievance processes.
29.2.2. All classification study findings regarding existing classifications are
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subject to approval by the General Manager; findings recommending a
new job classification range are subject to approval by OC San's Board
of Directors. The recommendations of the classification study will be
implemented in the first pay period immediately following the completion
of the study unless the recommendations require action to be taken by
the Board of Directors prior to implementation. In such event, the
recommendations will be implemented in the first pay period immediately
following authorization by the Board.
29.3. Y-Rating
29.3.1. In the event the duties and responsibilities of a position are allocated to a
lower paid classification, the salary of the incumbent of that position will
remain unchanged.
29.3.2. Y-rating will be granted for all reclassifications where employees are
working in a job classification with a lower maximum rate of pay resulting
from changes to OC San’s staffing requirements, organizational structure
or “bumping” associated with layoffs. Y-rating shall not apply in cases
involving disciplinary actions or voluntary changes to a job classification
with a lower maximum rate of pay (unless otherwise authorized by the
General Manager).
29.3.3. The Y-rate will remain in effect until the salary range for the new
classification equals or exceeds the employee's Y-rated salary.
Employees become eligible for merit increases and range adjustments
when the Y-rate is no longer in effect.
29.4. Reopener: OC San and SPMG agree to reopen this Agreement to meet and confer
regarding the comparison agencies used for any classification and compensation
studies.
ARTICLE 30. - DRIVER’S LICENSE
30.1. Employees who are required by OC San to drive must notify their supervisor and the
Risk Management Division immediately upon receipt of any status changes, including
but not limited to a suspension or revocation of their California Driver's License
privileges. Failure to do so could result in disciplinary action up to and including
separation.
30.2. If an employee whose license is suspended or revoked and is unable to perform
his/her regular duties and responsibilities notifies OC San 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 OC San's management discretion.
30.3. OC San will continue to pay the license renewals and physical examination costs of
Class A and B licenses that are specifically required by OC San.
ARTICLE 31. - LAYOFF PROCEDURE
31.1. If, in the sole discretion of OC San's management, personnel reductions are
necessary, layoff order and recall lists will be developed based upon job
classification, priority of function, job performance, individual qualifications and
seniority. The Group and employees subject to lay off will be provided with at least
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two (2) weeks notification in writing whenever possible.
31.2. Employees in classifications subject to layoff may request a voluntary demotion to
any previously held position for which they remain qualified. Such request must be
made in writing to the Human Resources Department within five (5) days of receipt of
the Layoff Notice. The salary of an employee who voluntarily demotes will be
unchanged, except that it may not exceed the top step of the range for the lower level
classification.
31.3. Recall lists will be developed for all classifications experiencing personnel reductions,
and will be maintained for a period of two (2) years from the date of layoff. Individuals
will be placed on the list in the inverse order of layoff, so that the last person laid off is
the first recalled. When a vacancy occurs in a classification for which a Recall list
exists, an offer of reemployment will be made to the individual on the top of the list.
That individual must respond to the offer within five (5) days, or the offer will be made
to the next person on the list. An individual who either does not respond or refuses
three (3) consecutive offers will have his/her name removed from the list.
31.4. All notification and responses must be in writing and delivered either in person or by
Certified Mail. It is the responsibility of all employees to keep the Human Resources
Department informed of their current address, or where they may be contacted.
ARTICLE 32. - LIGHT DUTY
32.1. An employee who is released by a physician to perform limited duties because of a
temporary disability may be assigned to light duty at the discretion of OC San. Light
duty may consist of duties other than those normally performed by the employee and
that are within the employee’s medical restrictions. An employee assigned to light
duty will be paid the regular wage rate for the job classification to which he or she
was assigned prior to being temporarily disabled.
ARTICLE 33. - MEDICAL EXAMINATION
33.1. When there is reasonable evidence to suggest that an employee is impaired in a
manner that endangers his/her own health or safety, or that of others, OC San 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 OC San time and at OC San expense. An employee
may submit an independent medical opinion regarding his/her condition and
addressing his/her ability to competently perform the duties of the position. This
information will be reviewed and considered by a competent medical authority in
arriving at a decision regarding the individual's continued employment in the position.
ARTICLE 34. - MILEAGE ALLOWANCE
34.1. Approved use of a personal vehicle for OC San business will be reimbursed at the
current IRS rate.
ARTICLE 35. - ACTING PAY
35.1. Employees who are assigned by OC San management to perform the duties of an
open, budgeted position at a higher level for a period of at least one hundred
(100eighty (80) consecutive hours will be eligible for a one (1) step salary increase,
or the first step of the range for the higher level classification, whichever is greater.
The higher rate of pay begins with the 8101st hour, and continues until the
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assignment ends or the six (6) month limitation has been reached at which time a
determination will be made as to whether the position should or should not be
posted. Requests for acting pay require the approval of the Department Head and
the Human Resources Department. The one hundred (100eighty (80)-hour eligibility
period may be waived at the discretion of the General Manager. Time served in
higher level assignments shall be credited as qualifying experience for promotional
purposes.
ARTICLE 36.
(This article intentionally left blank.)
ARTICLE 37. - PERSONNEL FILES
37.1. Employees have the right to inspect their Personnel File in the Human Resources
Department during the normal office hours of the Human Resources Department by
appointment. Employees who wish to correct allegedly erroneous information in their
file, or request that items related to disciplinary matters be removed after the
indicated time period has elapsed, should submit a request in writing to the Human
Resources Department. It is the responsibility of each employee to keep the personal
information in his/her files current, including home address, telephone number and
person to contact in an emergency.
ARTICLE 38. - BULLETIN BOARDS
38.1. The Group may use the bulletin boards located at Plant 1 and Plant 2 which are
designated for use by employee Groups to post notices to OC San employees
provided that: (a) no controversial matter which is critical or derogatory of OC San, its
employees, officers or Directors may be posted; (b) nothing posted by OC San may
be removed; (c) the Group will remove its notices after a reasonable length of time;
and (d) only a reasonable number of notices will be posted.
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1. A maximum of three (3) employees covered by this Agreement and appointed by the
Group will be granted reasonable release time for attending meet and confer
sessions at the bargaining table. Release time will not be compensated for any
hours that exceed the employee's regularly scheduled hours of work.
39.2. The Group will provide the Human Resources Department with the names of
employees requiring meet and confer release time in advance of the meet and confer
session. The release time will be granted provided that the needs of OC San permit
the time away from assigned work.
ARTICLE 40. - USE OF OC SAN FACILITIES
40.1. OC San facilities may be used by the Group with prior notice to the Human
Resources Department for the purpose of holding meetings, to the extent that such
use does not interfere with normal OC San operations. The Group agrees to pay for
the cost of any additional custodial or security services.
ARTICLE 41. - SCOPE OF BARGAINING
41.1. OC San and the Group acknowledge that during the negotiations which resulted in
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this Agreement, each party had the unlimited right and opportunity to make demands
and proposals with respect to all proper subjects within the scope of representation.
Therefore, OC San and the Group, for the term of this Agreement, except as
otherwise provided herein, each voluntarily and unqualifiedly waive the right, and
each agrees that the other will not be obligated to bargain collectively with respect to
any subject or matter contained in this Agreement.
ARTICLE 42. - IMPASSE PROCEDURES
42.1. If either OC San or Group declares that an impasse exists in the meet and confer
process, the party so declaring may initiate the impasse procedure by providing the
other party with a written request for an impasse meeting, together with a statement
of its position on all issues. An impasse meeting will be scheduled and held between
the parties within fourteen (14) calendar days or as soon as practicable to:
42.1.1. Review the position of the parties in a final effort to reach agreement on
a memorandum of understanding, and if the impasse is not resolved, to
discuss the immediate utilization of impasse procedures outlined herein.
42.2. Impasse Procedures are:
42.2.1. Mediation: If the parties mutually agree to submit the dispute to the State
Mediator and Conciliation Service all mediation proceedings will be
private and as soon as practicable. The mediator will make no public
recommendation, nor take any public position at any time concerning the
issues.
42.2.2. Fact-Finding: Whether the parties submit the dispute to mediation or not,
the Group may request that the parties’ differences be submitted to a
factfinding panel as soon as practicable. The cost of a fact finder and
other mutually incurred costs will be mutually shared by OC San and
Group.
42.2.3. Board Actions: If the parties fail to resolve the impasse, the dispute will
be sent to OC San Board of Directors for resolution. Each party will
submit its written proposal on all issues to the Board. The Board may
take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse will
be final and binding.
ARTICLE 43. - SEVERABILITY
43.1. Notwithstanding any other provisions in this Agreement, in the event that any article,
section or subsection of this Agreement will be declared invalid by any court or by
any state or federal law or regulation, or should a decision by any court or any state
or federal law or regulation diminish the benefits provided by this Agreement, or
impose additional obligations on OC San, OC San and the Group will meet and
confer on the affected article, section or subsection. In such event, all other articles,
sections or subsections of this Agreement not affected will continue in full force and
effect.
ARTICLE 44. - UNIFORMS
44.1. OC San will provide and maintain ten (10) uniform pants and shirts, which may
include the name of the employee and OC San seal, at no cost to employees whose
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duties require that they wear uniforms. OC San will also provide lab coats as required
by the lab managermanagement.
44.2. All employees who are issued uniforms must wear them during the performance of
their regular duties. Other clothing appropriate to the occasion, as determined by OC
San management, may be worn when attending business meetings. Failure to wear
required clothing, shoes and safety equipment may be cause for disciplinary action.
44.3. Employees working in divisions designated in SOP-102 Personal Protective
Equipment (PPE) asre eligible to receive a safety boot allowance shall receive either
an annual or bi-annual voucher in the amount of $250 as applicable.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
45.1. OC San’s Substance Abuse Policy will apply to all Group members. OC San and the
Group agree to meet and confer for any proposed revisions to the policy. OC San
may adopt or implement rules, regulations and policies to be in compliance with
federal and state laws. In such cases, notification will be provided to the Group prior
to implementation.
45.2. Department of Transportation (DOT) Regulations
45.2.1. Every driver who operates a commercial motor vehicle in interstate or
intrastate commerce, and is subject to the commercial driver’s license
requirements of the Department of Transportation, Federal Highway
Administration CFR Part 382 is subject to OC San's Anti-Drug and
Alcohol Program. OC San will ensure that all alcohol or controlled
substances testing conducted under the Substance Abuse and Alcohol
Misuse Plan complies with the procedures set forth in CFR Part 40.
45.3. OC San’s Substance Abuse Policy:
45.3.1. Any employee may be subject to discipline, up to and including
termination, for any alcohol screen test that indicates an alcohol
concentration level of 0.02% or greater.
ARTICLE 46. – NEW EMPLOYEE ORIENTATION AND DUES
DEDUCTIONS
46.1. New Employee Orientation
46.1.1. The Group will be allowed up to one half-hour each orientation session to
communicate with Group-represented classifications to explain the rights
and benefits as set forth in this Agreement. Human Resources staff will
send to the Group representative, or designee, a notice of each new
employee orientation session. The notice will be provided at least 10
days prior to the session, or as soon as practicable, and will include
pertinent session details.
46.1.2. OC San will hold new employee orientation sessions on a regular basis
or at least on a quarterly basis, given there are new Group-represented
classifications. If there are no new hires in the Group-represented
classifications for a scheduled session, OC San will notify the Group as
soon as possible in advance of the session.
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46.1.3. Human Resources staff will provide the Group with an electronic copy of
the name, home address, personal email address, and personal cell
phone number of all new Group-represented employees within 30 days
of hire.
46.1.4. Human Resources staff will provide the Group with an electronic copy of
the name, home address, personal email address, and personal cell
phone number of all Group-represented employees at least every 120
days.
46.2. Dues Deductions
46.2.1. Remittance of the aggregate amount of all dues and other proper
deductions made from the salaries of employees covered hereunder
shall be made to AFSCME along with an electronic report detailing the
employee's name, employee number, bargaining unit, classification title,
work location, work phone, work e-mail, hire date, home address, home
phone, home e-mail, cell phone, , and deduction amount(s) and type(s).
46.2.2. The Group shall indemnify, defend and hold the OC San harmless
against any liability from any claims, demands, or other action related to
OC San’s deduction of Union Dues, including claims related to the
Union’s use of monies collected under these provisions.
ARTICLE 47. – MAINTENANCE OF MEMBERSHIP
47.1. All employees who are members of the Group, or who become members of the
Group, shall remain members of the Group, except that any employee may withdraw
his/her membership by written notice to the Group and OC San during the ten day
period between ninety (90) and one hundred (100) days preceding the expiration of
this agreement.
ARTICLE 48. – PEACEFUL RESOLUTION OF DISPUTES
48.1. During the term of this Memorandum, or any subsequent period when impasse
resolution procedures are in progress or recommendations resulting from such
procedures are being considered by the parties, OC San agrees it will not lockout
employees in this Group, and Group agrees that it will neither advocate, encourage
or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whole or in part from the full, faithful and proper
performance of their duties of employment.
ARTICLE 49.
(This article intentionally left blank)
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1. OC San’s Workplace Violence and Weapons Policy will applyand Workplace
Violence Prevention & Security SOP applies to all Group members. OC San and the
Group agree to meet and confer for any proposed revisions to the policy.
ARTICLE 51. - RESIGNATION
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51.1. Employees resigning from OC San are expected to give a minimum of two (2) weeks
advanced written notice prior to leaving. OC San may accept in writing any verbal or
written resignation at any time and deem such resignation irrevocable. Voluntary
written resignation of employment with OC San is automatically deemed irrevocable
after seventy-two (72) hours from OC San’s receipt of the resignation except by
approval of the Human Resources Department.
ARTICLE 52.
(This article intentionally left blank)
Supervisor Group MOU Page 34 of 356
12829516.10 OR040-04812829516.10 OR040\039\10130397.v1-048
SIGNATURE PAGE
2022 – 2025 – 2028
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES OF THE SUPERVISOR GROUP
Executed: ________________________________
SUPERVISOR GROUP ORANGE COUNTY SANITATION DISTRICT
Russell Maitland, Business Representative,
AFSCME Council 36 (Affiliate of SPMG)
Laura Drottz Kalty, Lead Negotiator
Larry Roberson, Senior Contracts
Administrator
Celia ChandlerLaura Maravilla, Director of
Human Resources
Marc Brown, Principal StaffIT Analyst Laura MaravillaThys DeVries, Human
Resources & Risk Manager
Angela Brandt, AccountingBen Bewley,
Maintenance Supervisor
Andrew Nau, Human Resources Supervisor
Nick OswaldMike Oberly, Maintenance
SupervisorSpecialist
Janine Aguilar, Human Resources Supervisor
Dickie Fernandez, Senior Engineer Stephanie Barron, Principal Human
Resources Analyst
Brian Finkelstein, Senior Engineer
Dickie Fernandez, Engineer
Thys DeVriesStephanie Barron, Principal
Human Resources Analyst
Supervisor Group MOU Page 35 of 356
12829516.10 OR040-04812829516.10 OR040\039\10130397.v1-048
Brian Finkelstein, Senior Engineer Stephanie Barron, Senior Human Resources
Analyst
Supervisor Group MOU Page 36 of 356
12829516.10 OR040-04812829516.10 OR040\039\10130397.v1-048
APPENDIX A
Medical Insurance Plan Design Components1,2
CURRENT STATE
Plan Design Component PPO High Deductible Health Plan
In-Network Non-Network In-Network Non-Network
Deductible $150 / $450 $1,400 / $2,800650 / $3,300
Annual Out-of-
Pocket Max/Member $2,000 $3,000 $2,5003,400 $5,000
Annual Out-of-
Pocket Max/Family $4,000 $6,000 $5,000 $10,000
Major Medical
Physician Office Visit $15/Visit 30% 10% 30%
Specialist Office Visit $15/Visit 30% 10% 30%
Preventive Care No Charge 30% No Charge Not Covered
Inpatient Hospitalization 10% 30% + $500 10% 30% (up to $600/day,
non-emergency)
Outpatient
Hospitalization/Surgery 10% 30% 10% 30% (up to
$350/admit)
Emergency Room $100 / Visit + 10%
(copay waived if admitted)
$100 / Visit + 10%
(copay waived if admitted)
Infertility Benefits Not Covered Not Covered
Urgent Care $15/Visit 30% 10% 30%
Chiropractic $15 / Visit
(30 visits/year)
30%
(30 visits/year)
10% / Visit
(30 visits/year)
30% / Visit
(30 visits/year)
Opt-Out from Plan Yes Yes Yes
Prescription Drugs Generic / Brand /
Non-Preferred Brand
Generic / Brand/
Non-Preferred Brand
Generic / Brand /
Non-Preferred Brand
Retail $5 / $20 / $35
(30-day supply)
50% of the
prescription
drug maximum
allowed
amount & costs
in excess up to
$250 per
prescription
$10 / $25 / $40 after
deductible
(30-day supply)
$10 plus 25% / $25
plus 25% / $40 plus
25% (30-day supply)
Mail Order $5 / $40 / $70
(90-day supply)
Not Covered
$20 / $50 / $80 after
deductible
(90-day supply)
Not Covered
1 Plan Design Components will include any applicable mandated legislative changes. 2 This is not a complete description of all benefit provisions. The information contained in Summary Plan Descriptions (SPDs) and
Evidence of Coverage (EOC) booklets prevails.
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Medical Insurance Plan Design Components1,2
CURRENT STATE
Plan Design Component Anthem HMO Kaiser HMO Kaiser Bronze
Deductible None None $5,000 Individual
$10,000 Family
Annual Out-of-
Pocket Max/Member $1,500 $1,500 $6,250
Annual Out-of-
Pocket Max/Family $3,000 $3,000 $12,500
Major Medical
Physician Office Visit $15 / Visit $15/ Visit $60/ Visit
Specialist Office Visit $15 / Visit $15/ Visit $70/ Visit
Preventive Care No Charge No Charge No Charge
Inpatient Hospitalization $100 Admit $100 Admit 30%
Outpatient
Hospitalization/Surgery $50 Admit $15 Co-pay
(per procedure) 30%
Emergency Room $100 / Visit
(waived if admitted)
$100 / Visit
(waived if admitted)
$300 / Visit
(waived if admitted)
Infertility Benefits Status Quo Status Quo Not Covered
Urgent Care $15 / Visit $15 / Visit $60 / Visit
Chiropractic $15 / Visit
(60 visits/year) *
$10 / Visit
(30 visits/year) Not Covered
Opt-Out from Plan Yes Yes Yes
Prescription Drugs Generic / Brand/ Non-
Preferred Brand Generic / Brand Generic / Brand
Retail $5 / $20 / $35
(30-day supply)
$5 / $20
(30-day supply)
$15 / $50 medical
deductible applies
(30-day supply)
Mail Order $5 / $40 / $70
(90-day supply)
$5 / $20
(100-day supply)
$30 / $100 medical
deductible applies
(100-day supply)
1 Plan Design Components will include any applicable mandated legislative changes. 2 This is not a complete description of all benefit provisions. The information contained in Summary Plan Descriptions (SPDs)
and Evidence of Coverage (EOC) booklets prevails.
* For chiropractic services through the American Specialty Health (ASH) Network, the copay is $10 with a maximum of 30 visits
in a calendar year for covered services.
8971409.1 OR040-031 8971409.112829516.10 OR040-031 048
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE PROFESSIONAL GROUP
July 1, 20225 through June 30, 20258
Page ii
8971409.1 OR040-031
TABLE OF CONTENTS
ARTICLE 1. - RECOGNITION .............................................................................................................................1
ARTICLE 2. - DURATION....................................................................................................................................1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................1
ARTICLE 4. - GROUP ACCESS .........................................................................................................................1
ARTICLE 5. - GROUP RIGHTS ...........................................................................................................................2
ARTICLE 6. - OC SAN RIGHTS ..........................................................................................................................2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT .................................................................................2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT ......................................................................................2
ARTICLE 9. - SAFETY ........................................................................................................................................3
ARTICLE 10. - DISCIPLINE AND DISMISSAL .....................................................................................................3
ARTICLE 11. - GRIEVANCE PROCEDURE .........................................................................................................5
11.4.1. STEP 1 ..................................................................................................................................................... 5
11.4.2. STEP 2 ..................................................................................................................................................... 5
11.4.4. STEP 3 ..................................................................................................................................................... 5
11.4.5. STEP 4 ..................................................................................................................................................... 6
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ...........................................................................................6
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ....................................................................6
13.3. MERIT PAY ............................................................................................................................................... 7
13.4. PERFORMANCE MANAGEMENT PROGRAM ................................................................................................... 7
13.5. DEVELOPMENT PAY ................................................................................................................................... 7
13.8. SALARY RANGE ADJUSTMENTS .................................................................................................................. 8
13.9. INVESTMENT INCENTIVE SALARY (IIS) ........................................................................................................ 8
13.10. ONE-TIME LUMP SUM PAYMENT ................................................................................................................ 8
ARTICLE 14. - SEVERANCE PAY ........................................................................................................................8
ARTICLE 15. - DEFERRED COMPENSATION ....................................................................................................8
ARTICLE 16. - HOLIDAYS ....................................................................................................................................9
16.2. FLOATING HOLIDAY ................................................................................................................................... 9
ARTICLE 17. - HOURS OF WORK .................................................................................................................... 10
ARTICLE 18. ……….. ........................................................................................................................................... 10
ARTICLE 19. ……….. ........................................................................................................................................... 10
ARTICLE 20. - INSURANCE .............................................................................................................................. 10
20.3. MEDICAL INSURANCE ............................................................................................................................... 10
20.8. GROUP INSURANCE PREMIUMS ................................................................................................................ 11
20.9. LIFE INSURANCE...................................................................................................................................... 11
20.10 SHORT TERM DISABILITY………………………………………………………………………………………. 11
20.11. LONG TERM DISABILITY ........................................................................................................................... 11
20.12. DENTAL INSURANCE ................................................................................................................................ 12
20.13. VISION INSURANCE .................................................................................................................................. 12
20.14 RETIRING EMPLOYEES ............................................................................................................................. 12
20.15 HEALTH REIMBURSEMENT ARRANGEMENT ..………………………………………………………………….12
Page iii
8971409.1 OR040-031
ARTICLE 21. - REIMBURSEMENT ACCOUNT................................................................................................. 13
21.2. MEDICAL REIMBURSEMENT ACCOUNT ...................................................................................................... 13
21.3. DEPENDENT CARE ASSISTANCE ACCOUNT ............................................................................................... 13
ARTICLE 22. - EXTRAORDINARY SERVICES COMPENSATION .................................................................. 13
ARTICLE 23. - PROBATIONARY PERIOD ....................................................................................................... 14
ARTICLE 24. - PROMOTIONS ........................................................................................................................... 15
ARTICLE 25. - RETIREMENT ............................................................................................................................ 15
25.1.1. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1, 2010 ........................... 15
25.1.2. EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 2010 AND BEFORE JANUARY 1, 2013 .................................. 16
25.1.3. EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 .................................................................................. 16
ARTICLE 26. - SHIFT DIFFERENTIAL .............................................................................................................. 16
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY ............................................................................................ 16
27.1. VACATION LEAVE .................................................................................................................................... 16
27.2. SICK LEAVE ............................................................................................................................................ 17
27.3. JURY DUTY LEAVE .................................................................................................................................. 19
27.4. WITNESS LEAVE ...................................................................................................................................... 19
27.5. MILITARY LEAVE ...................................................................................................................................... 20
27.6. BEREAVEMENT LEAVE ............................................................................................................................. 20
27.7. ADMINISTRATIVE LEAVE ........................................................................................................................... 20
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................... 21
28.3. SUBSTITUTION OF PAID LEAVE. ................................................................................................................ 21
28.4. PERMISSIBLE USES ................................................................................................................................. 22
28.5. GENERAL PROVISIONS ............................................................................................................................ 23
ARTICLE 29. - CLASSIFICATION STUDIES ..................................................................................................... 25
29.3. Y-RATING ............................................................................................................................................... 25
ARTICLE 30. - DRIVER’S LICENSE .................................................................................................................. 26
ARTICLE 31. - LAYOFF PROCEDURE ............................................................................................................. 26
ARTICLE 32. - LIGHT DUTY .............................................................................................................................. 26
ARTICLE 33. - MEDICAL EXAMINATION ......................................................................................................... 27
ARTICLE 34. - MILEAGE ALLOWANCE ........................................................................................................... 27
ARTICLE 35. - ACTING PAY ............................................................................................................................. 27
ARTICLE 36. ……………………………………………………………………………………………………………..27
ARTICLE 37. - PERSONNEL FILES .................................................................................................................. 27
ARTICLE 38. - BULLETIN BOARDS ................................................................................................................. 27
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................ 28
ARTICLE 40. - USE OF OC SAN FACILITIES .................................................................................................. 28
ARTICLE 41. - SCOPE OF BARGAINING ......................................................................................................... 28
ARTICLE 42. - IMPASSE PROCEDURES ......................................................................................................... 28
42.2. IMPASSE PROCEDURES ........................................................................................................................... 28
ARTICLE 43. - SEVERABILITY ......................................................................................................................... 29
ARTICLE 44. - UNIFORMS ................................................................................................................................ 29
Page iv
8971409.1 OR040-031
ARTICLE 45. - SUBSTANCE ABUSE POLICY ................................................................................................. 29
45.2. DEPARTMENT OF TRANSPORTATION (DOT) REGULATIONS ........................................................................ 29
45.3. OC SAN'S SUBSTANCE ABUSE POLICY ..................................................................................................... 29
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS ............................................... 30
ARTICLE 47. - MAINTENANCE OF MEMBERSHIP ......................................................................................... 30
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES .............................................................................. 30
ARTICLE 49. ……………………………………………………………………………………………………………..31
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ............................................................. 31
ARTICLE 51. - RESIGNATION .......................................................................................................................... 31
ARTICLE 52. ……………………………………………………………………………………………………………..31
SIGNATURE PAGE .............................................................................................................................................. 32
ARTICLE 1. - RECOGNITION .............................................................................................................................1
ARTICLE 2. - DURATION....................................................................................................................................1
ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................1
ARTICLE 4. - GROUP ACCESS .........................................................................................................................1
ARTICLE 5. - GROUP RIGHTS ...........................................................................................................................2
ARTICLE 6. - OC SAN RIGHTS ..........................................................................................................................2
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT .................................................................................2
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT ......................................................................................2
ARTICLE 9. - SAFETY ........................................................................................................................................3
ARTICLE 10. - DISCIPLINE AND DISMISSAL .....................................................................................................3
ARTICLE 11. - GRIEVANCE PROCEDURE .........................................................................................................5
11.4.1. STEP 1 ..................................................................................................................................................... 5
11.4.2. STEP 2 ..................................................................................................................................................... 5
11.4.4. STEP 3 ..................................................................................................................................................... 5
11.4.5. STEP 4 ..................................................................................................................................................... 6
ARTICLE 12. - PROBLEM SOLVING PROCEDURE ...........................................................................................6
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ....................................................................7
13.3. MERIT PAY ............................................................................................................................................... 7
13.4. PERFORMANCE MANAGEMENT PROGRAM ................................................................................................... 7
13.5. DEVELOPMENT PAY ................................................................................................................................... 7
13.8. SALARY RANGE ADJUSTMENTS .................................................................................................................. 8
13.9. INVESTMENT INCENTIVE SALARY (IIS) ........................................................................................................ 8
13.10. ONE-TIME LUMP SUM PAYMENT ................................................................................................................ 8
ARTICLE 14. - SEVERANCE PAY ........................................................................................................................8
ARTICLE 15. - DEFERRED COMPENSATION ....................................................................................................8
ARTICLE 16. - HOLIDAYS ....................................................................................................................................9
16.2. FLOATING HOLIDAY ............................................................................................................................... 109
ARTICLE 17. - HOURS OF WORK .................................................................................................................... 10
ARTICLE 18. ……….. ........................................................................................................................................... 10
ARTICLE 19. ……….. ........................................................................................................................................... 10
ARTICLE 20. - INSURANCE .......................................................................................................................... 1110
Page v
8971409.1 OR040-031
20.3. MEDICAL INSURANCE ........................................................................................................................... 1111
20.8. GROUP INSURANCE PREMIUMS ................................................................................................................ 11
20.9. LIFE INSURANCE...................................................................................................................................... 11
20.10 SHORT TERM DISABILITY………………………………………………………………………………………. 11
20.11. LONG TERM DISABILITY ....................................................................................................................... 1211
20.12. DENTAL INSURANCE ................................................................................................................................ 12
20.13. VISION INSURANCE .................................................................................................................................. 12
20.14 RETIRING EMPLOYEES ............................................................................................................................. 12
20.15 HEALTH REIMBURSEMENT ARRANGEMENT ..………………………………………………………………….12
ARTICLE 21. - REIMBURSEMENT ACCOUNT................................................................................................. 13
21.2. MEDICAL REIMBURSEMENT ACCOUNT ...................................................................................................... 13
21.3. DEPENDENT CARE ASSISTANCE ACCOUNT ........................................................................................... 1413
ARTICLE 22. - EXTRAORDINARY SERVICES COMPENSATION .............................................................. 1413
ARTICLE 23. - PROBATIONARY PERIOD ................................................................................................... 1514
ARTICLE 24. - PROMOTIONS ........................................................................................................................... 15
ARTICLE 25. - RETIREMENT ........................................................................................................................ 1615
25.1.1. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1, 2010 ....................... 1615
25.1.2. EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 2010 AND BEFORE JANUARY 1, 2013 .................................. 16
25.1.3. EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 .................................................................................. 16
ARTICLE 26. - SHIFT DIFFERENTIAL .............................................................................................................. 16
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY ........................................................................................ 1716
27.1. VACATION LEAVE ................................................................................................................................ 1716
27.2. SICK LEAVE ............................................................................................................................................ 17
27.3. JURY DUTY LEAVE .............................................................................................................................. 2019
27.4. WITNESS LEAVE ...................................................................................................................................... 20
27.5. MILITARY LEAVE ...................................................................................................................................... 20
27.6. BEREAVEMENT LEAVE ......................................................................................................................... 2120
27.7. ADMINISTRATIVE LEAVE ........................................................................................................................... 21
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................... 22
28.3. SUBSTITUTION OF PAID LEAVE. ............................................................................................................ 2322
28.4. PERMISSIBLE USES ............................................................................................................................. 2322
28.5. GENERAL PROVISIONS ............................................................................................................................ 23
ARTICLE 29. - CLASSIFICATION STUDIES ................................................................................................. 2625
29.3. Y-RATING ............................................................................................................................................... 26
ARTICLE 30. - DRIVER’S LICENSE .............................................................................................................. 2726
ARTICLE 31. - LAYOFF PROCEDURE ......................................................................................................... 2727
ARTICLE 32. - LIGHT DUTY .......................................................................................................................... 2827
ARTICLE 33. - MEDICAL EXAMINATION ..................................................................................................... 2827
ARTICLE 34. - MILEAGE ALLOWANCE ....................................................................................................... 2827
ARTICLE 35. - ACTING PAY ......................................................................................................................... 2828
ARTICLE 36. ……………………………………………………………………………………………………………..28
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ARTICLE 37. - PERSONNEL FILES .................................................................................................................. 28
ARTICLE 38. - BULLETIN BOARDS ................................................................................................................. 28
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................ 28
ARTICLE 40. - USE OF OC SAN FACILITIES .............................................................................................. 2928
ARTICLE 41. - SCOPE OF BARGAINING ......................................................................................................... 29
ARTICLE 42. - IMPASSE PROCEDURES ......................................................................................................... 29
42.2. IMPASSE PROCEDURES ........................................................................................................................... 29
ARTICLE 43. - SEVERABILITY ..................................................................................................................... 3029
ARTICLE 44. - UNIFORMS ................................................................................................................................ 30
ARTICLE 45. - SUBSTANCE ABUSE POLICY ................................................................................................. 30
45.2. DEPARTMENT OF TRANSPORTATION (DOT) REGULATIONS ........................................................................ 30
45.3. OC SAN'S SUBSTANCE ABUSE POLICY ..................................................................................................... 30
ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS ........................................... 3130
ARTICLE 47. - MAINTENANCE OF MEMBERSHIP ......................................................................................... 31
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES .............................................................................. 31
ARTICLE 49.
……………………………………………………………………………………………………………..3231
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ......................................................... 3231
ARTICLE 51. - RESIGNATION .......................................................................................................................... 32
ARTICLE 52. ……………………………………………………………………………………………………………..32
SIGNATURE PAGE .............................................................................................................................................. 33
APPENDIX A ..................................................................................................................................................... 33
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE PROFESSIONAL GROUP
In accordance with the provisions of California Government Code Sections 3500, et seq., and
Resolution No. OC San 23-09, as Resolution No. OCSD 18-18 has been repealed, of the Orange
County Sanitation District’s (OC San) Boards of Directors, OC San's authorized representatives
have met and conferred in good faith with representatives of the Professional Group. These
meetings have resulted in an agreement and understanding to recommend that the employees
represented by the Professional Group accept these terms and conditions, and that the Board of
Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of
employment for the employees represented by the Professional Group as set forth in this
Agreement.
ARTICLE 1. - RECOGNITION
1.1. This Agreement, effective July 1, 20225, is entered into between the Orange County
Sanitation District, referred to hereinafter as the "OC San", and the Professional
Group, referred to hereinafter as "Group”, as a mutual recommendation to the Board
of Directors of OC San of those wages, hours of work, and terms and conditions of
employment.
ARTICLE 2. - DURATION
2.1. This Agreement will be binding on OC San and the Group when approved and
adopted by OC San’s Board of Directors. This Agreement will terminate on June 30,
20258. Any issue regarding the question of representation shall be brought pursuant
to the Employer-Employee Relations Resolutions (EERR), Resolution No. OC San
23-09, as Resolution No. OCSD 18-18 has been repealed.
ARTICLE 3. - SUCCESSOR AGREEMENT
3.1. The Group will submit in writing its initial proposal for a successor agreement prior to
the expiration date of this Agreement.
ARTICLE 4. - GROUP ACCESS
4.1. A Group representative will have access to OC San facilities during normal working
hours for the purpose of assisting Group employees in processing grievances or
investigating matters arising out of the application of provisions of this Agreement.
4.2. The Group will provide the Human Resources Department or designee, with a list of
Representatives who are authorized to request access under this article, and will
notify the Director of Human Resources, or designee, of any changes in that list.
4.3. Group access will not unreasonably interfere with OC San operations, or with the
work of employees in any manner. OC San reserves the right to restrict access in
certain areas designated confidential or secure.
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ARTICLE 5. - GROUP RIGHTS
5.1. The Group may designate up to five (5) employees to act as representatives for
employees covered by this Agreement. The Group will furnish the Human Resources
Department with the names of employees selected as representatives and will
update the list as necessary. An alternate representative may be designated to act in
the absence of the regular representative. Employees not listed on the roster of
representatives provided to OC San by the Group may not act as representatives.
5.2. Representatives will not perform non work-related duties on work time without the
prior approval of their immediate supervisor. Neither OC San nor the Group will
interfere with, intimidate, restrain, coerce or discriminate against employees because
of the exercise or non-exercise of their rights to engage in Group activity.
ARTICLE 6. – OC SAN RIGHTS
6.1. OC San inherent rights, powers, functions, duties, responsibilities and authority
related to a managerial or administrative character are reserved to OC San in its
exercise of management decision-making, except as specifically modified by the
express provisions of this Memorandum. OC San rights include, but are not limited
to, the exclusive right to consider the merits, necessity or organization of any service
or activity provided by law, or administrative order; determine the mission of its
constituent departments, commissions and boards; set standards of service,
determine the procedures and standards of selection for employment and promotion;
establish and implement performance standards; direct its employees; take
disciplinary action for proper cause; layoff employees from duty because of lack of
work or lack of funds; maintain the efficiency of OC San operations; determine the
methods, means and personnel by which OC San operations are to be conducted;
determine the content of job classifications; classify and reclassify positions; take all
necessary actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its work.
6.2. OC San retains all authority and rights conferred on it by law, or other legal sources,
except to the extent that such authority is explicitly waived by the express terms of
this agreement. OC San exercise of its management rights hereunder shall not be
subject to appeal or meeting and conferring, however, that the exercise of such rights
does not preclude the Group from appealing or meeting and conferring the practical
consequences or impacts that OC San decisions have on wages, hours, and other
terms and conditions of employment.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
7.1. There will be no unlawful discrimination in the application of the provisions of this
Agreement with regard to actual or perceived race, color, religion, national origin,
ancestry, sex, gender, gender identity, gender expression, sexual orientation, age,
physical or mental disability, medical condition, genetic information, marital status, or
military or veteran status, reproductive health decision making or any other lawfully
protected class. To the extent required by law or by OC San's rules or regulations,
this provision of the Agreement will be applied to all members of the Group without
regard to any protected classification.
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
8.1. OC San 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
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smoking and the potentially harmful effect it has on the health and well being of OC
San employees and their families, smoking and the use of tobacco (cigarettes,
cigars, e-cigarettes [“vaping”] and related tobacco products and technologies) is not
acceptable within OC San facilities, and may occur only in areas posted for smoking.
ARTICLE 9. - SAFETY
9.1. It is the duty of OC San to provide and maintain a safe place of employment. The
Group will cooperate by encouraging all employees covered by this Agreement to
perform their work in a safe manner. It is the duty of all employees covered by this
Agreement, in the course of performing their assigned duties, to be alert to unsafe
practices, equipment, and conditions, and to follow the safety regulations and
requirements of OC San, and to report any unsafe practices or conditions to their
immediate supervisor. An employee will not be required to perform work that is
unsafe.
ARTICLE 10. - DISCIPLINE AND DISMISSAL
10.1. Discipline may occur when any of the following actions are taken for just cause with
respect to any employee in the Group: verbal reprimand; written reprimand;
suspension without pay; reduction in pay; demotion to a classification with a lower
pay grade, or dismissal.
10.2. Dismissal, for purposes of this Article, is the separation of a non-probationary
employee initiated by OC San for just cause.
10.3. A Notice of Intent is not required when the disciplinary action involves a verbal
reprimand or written reprimand.
10.4. A Notice of Intent is required and will be given to an employee whenever the
disciplinary action involves suspension without pay, reduction in pay, demotion to a
classification with a lower pay grade, or dismissal. The notice will be given to the
affected employee either by delivery in person or by Certified Mail sent to the
employee's last known address. Such personal delivery or mailing will be presumed
to provide actual notice to the affected employee. The Notice of Intent will indicate
the date on which it was personally delivered or deposited in the mail, which will be
the date of issuance.
10.5. The Notice of Intent will contain the following: (1) a description of the disciplinary
action intended and the effective date of the action; (2) the reasons for the proposed
action; (3) a copy of the charges and materials upon which the action is based; and,
(4) a statement of the employee's right to respond, either verbally or in writing to the
person initially imposing the discipline, or to an OC San management representative
with authority to make an effective recommendation on the proposed action; the
person to whom any response must be directed, and the fact that such response
must be received within ten (10) business days of the date of issuance of the notice.
The Notice will also advise the employee of the right to representation.
10.6. Prior to the effective date of the proposed disciplinary action, the employee will be
given an opportunity to respond either verbally or in writing to a management
representative with authority to make an effective recommendation on the proposed
action. After review of an employee's response, OC San 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, OC San may reduce
discipline without further notice. Further clarification of the disciplinary policies and
procedures are covered in OC San’s Personnel Policies & Procedures Manual.
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10.7. Dismissal will be preceded by at least one (1) written reprimand, except in those
situations in which the employee knows or reasonably should have known that the
performance or conduct was unsatisfactory. Such performance or conduct may
involve, but is not limited to, dishonesty, possession, use, sale or being under the
influence of drugs or alcohol, theft or misappropriation of OC San property or funds,
fighting on the job, insubordination, acts endangering people or property, “no-call/no-
show” or other serious misconduct. OC San may substitute documented suspensions
without pay for written reprimands.
10.7.1. Employees who fail to provide any notice to their supervisor and fail to
report to work as scheduled shall be considered “no call/no show” and
shall be subject to discipline, up to and including termination. Employees
who fail to provide any notice to their supervisor and fail to report to work
for three (3) or more consecutive days will be considered to have
abandoned their job and shall be subject to discipline up to and including
termination.
10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee
may request a post-disciplinary hearing. The request must be submitted to the
Assistant General Manager or designee, within ten (10) business days following the
effective date of the disciplinary action (for suspensions, the effective date will be the
first business day following the final day of the suspension). The Director of Human
Resources, or designee, will schedule a post disciplinary hearing with the General
Manager or a hearing officer selected by the General Manager. The hearing officer
may not be an employee of OC San. The hearing officer will provide a written,
advisory decision to the General Manager. The General Manager may uphold the
disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager will be
final. If the hearing officer upholds the disciplinary action, the employee will pay the
full cost and expenses of the hearing officer.
10.9. Disciplinary actions will be recorded in employee performance reviews. All
disciplinary action documentation, except verbal reprimand documentation, will be
placed in an employee's Personnel File in the Human Resources Department.
Verbal reprimand documentation will be kept in the supervisor’s employee files.
Supervisors shall inform management staff when a verbal reprimand is to be
implemented. If after twenty-four (24) months from implementation there have been
no recurrences of similar incidents, the supervisor shall destroy the verbal reprimand
documentation.
10.10. Written reprimands may be removed from an employee’s personnel file twenty-four
(24) months subsequent to the date of the issuance, provided that there has been no
recurrence of a similar incident during the period. If the Human Resources
Department agrees to remove the written reprimand documentation from an
employee’s personnel file such documentation will be retained in a separate file by
the Human Resources Department for the purpose of showing that progressive
discipline has been followed or in support of OC San proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this
Agreement through the Problem Solving Procedure. Nothing in this article will be
construed as a waiver of any statutory or constitutional rights.
10.12. A reduction in pay or demotion to a classification with a lower pay grade that is not a
result of performance deficiencies (for example, reclassifications, “bumping”
associated with layoffs, reasonable accommodation) shall not be considered
discipline.
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ARTICLE 11. - GRIEVANCE PROCEDURE
11.1. A grievance is any complaint that management has violated a specific provision of
this Agreement, except that, in accordance with Article 10 above, discipline which
requires a Notice of Intent may not be reviewed under this Grievance Procedure.
11.2. A grievance may be brought to the attention of OC San by an individual employee
within the Group or by the Group. OC San may not bring a grievance through this
procedure. Grievances brought by two (2) or more employees, and concerning the
same incident, issue, or course of conduct, or multiple grievances brought by the
same employee may, upon mutual agreement of OC San and the Group, be
consolidated for the purposes of this procedure.
11.3. Employees are encouraged prior to bringing forward a formal grievance, to discuss
the issue with the Director of Human Resources, or designee, in an effort to bring
about an informal resolution.
11.4. An employee may be self-represented or be represented by the Group at all steps of
the Grievance Procedure unless specifically agreed otherwise by the Group and the
employee. OC San will provide a copy of all written grievance settlements to the
Group. Any reference to days in this article implies business days.
11.4.1. Step 1. An employee who has a complaint will attempt to resolve it with
his/her immediate supervisor within ten (10) days of the occurrence of the
event giving rise to the complaint, or within ten (10) days from the time that
the employee became aware of such event. The supervisor will attempt to
resolve the issues surrounding the complaint, and respond to the employee
within ten (10) days.
11.4.2. Step 2. If the grievance is not settled informally at Step 1, it may be
submitted in writing to the employee's Department Head, or designee, with a
copy provided to the Director of Human Resources or designee. This request
for formal review must be presented on a form provided by OC San within
ten (10) days of the conclusion of Step 1. The written grievance must:
11.4.2.1. Identify the specific management act to be reviewed;
11.4.2.2. Specify how the employee was adversely affected;
11.4.2.3. List the specific provisions of this agreement that were allegedly
violated and state how they were violated;
11.4.2.4. Specify the remedy requested; and
11.4.2.5. Provide the date of attempts at informal resolution and the name
of the supervisor or individual involved.
11.4.3. The Department Head will respond in writing to the employee within ten (10)
days after the date the grievance is received.
11.4.4. Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to
the Assistant General Manager, or designee, for review and written
response. The request for formal review must be presented on a form
provided by OC San within ten (10) days of the conclusion of Step 1 or 2,
and must contain the information specified in Step 2 above. A copy of each
written communication on a grievance shall be filed with the Assistant
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General Manager, or designee. The Assistant General Manager, or
designee, will respond in writing to the employee within ten (10) days after
the date the grievance is received.
11.4.5. Step 4. If the grievance cannot be resolved under Step 3, it may be
presented to the General Manager within ten (10five (5) days from the date
the Step 3 finding was issued. The General Manager, or designee, will
respond in writing to the employee within fifteen (15ten (10) days after the
date the grievance is received. The decision of the General Manager is final.
11.5. General Provisions. An employee will be given reasonable time off without loss of
pay to present and process a grievance. If an employee is represented by the Group,
the Group may designate one (1) employee to present and process the grievance.
The employee representative will be given reasonable time off without loss of pay to
perform this responsibility. Absence from work will be approved only if it does not
cause disruption to OC San operations. However, if the time requested cannot be
provided, an alternate time will be arranged.
11.6. Failure of a supervisor, Department Head or other management representative to
respond within the appropriate time limit will provide a basis for the employee
appealing to the next step. If a grievance is not presented or appealed within the time
limits, it will be considered resolved on the basis of the preceding response. The
Human Resources Department may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists. Time limits may also be extended at
any step upon mutual agreement of the parties. OC San agrees to meet face-to-face
with the employee at each step of the grievance procedure at the request of the
employee.
11.7. Resolution may be agreed upon at any stage of the grievance process. However, the
Group will be notified prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
12.1. Employees may bring problems to the attention of OC San 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. Counseling and performance appraisals are not subject to the problem
solving procedure. Any reference to days in this article implies business days.
12.2. Employees should discuss concerns regarding issues that are not grievable with their
supervisor as soon as possible. The supervisor will review the situation or decision,
and provide a written response within five (5) days from the date they were notified of
the problem.
12.3. If the problem is not resolved to the employee's satisfaction, the employee may file a
written statement concerning the problem with the Human Resources Department
within ten (10) days of receipt of the supervisor's decision. Upon request of either
party, a meeting will be held to define issues and establish the remedies sought. The
employee will be provided a written response within ten (10) days after his/her
statement is received. Time limits may be extended for cause upon mutual consent
of the parties, and the decision of the Human Resources Department is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
13.1. Each pay grade is divided into five (5) steps, with an approximate 5.0% difference
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between each step.
13.2. Pay increases will only apply to eligible employees in an active payroll status on the
effective date of implementation. Eligible employees will not receive retroactivity if
active payroll status becomes effective after the date of implementation.
13.3. Merit Pay
13.3.1. Step Increase Pay – Group employees are eligible for Step Increase Pay
based upon receipt of year-end performance appraisal ratings issued by the
assigned supervisor. Step Increase Pay will be paid according to the
following:
13.3.1.1. Eligible - Employees must have a proficient year-end performance
appraisal to receive a one (1) step base-building salary increase
until earning placement at step five (5).
13.3.1.2. Ineligible - Employees who are placed on a Performance
Improvement Plan (PIP) due to a needs improvement performance
review on the year-end appraisal or who are on a PIP at the time of
the year-end appraisal period will remain at their current step until
the PIP is satisfactorily completed.
13.4. Performance Management Program: The performance management program
includes two (2) rating categories (proficient and needs improvement) for
performance appraisals.
13.5. Development Pay – Employees under this Agreement are eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a
lump-sum amount each pay period. Employees must have a proficient year-end
performance appraisal to be eligible for the following Development Pay types:
13.5.1. Education –Eligible employees who obtain or who have obtained a
graduate degree of approved subjects at an accredited college or
university will receive $75.00 per pay period.
13.5.2. Certification/License –Eligible employees who obtain or who have
obtained an OC San approved certification or license will receive $15.24
per pay period per certificate or license with a maximum of three (3)
certificates and/or licenses.
13.5.3. Grade V Pay – Employees who receive Grade V pay in accordance with
the applicable OC San policy are ineligible to receive Development Pay
for their Grade V California Wastewater Treatment Plant Operator
Certificate. Employees who possess a Grade V Certificate and do not
meet the criteria for Grade V Pay are eligible for Development Pay in
accordance with the Development Pay Program Guidelines.
13.6. Employees who are placed on a PIP due to a needs improvement performance
review on the year-end performance appraisal are not eligible for Development Pay
until the PIP is satisfactorily completed.
13.7. Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
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13.8. Salary Range Adjustments
13.8.1. Effective the first pay period in July 20225, employees under this
Agreement will receive salary range adjustments at a flat rate of 4.5%.
13.8.2. Effective the first pay period in July 20236, employees under this
Agreement will receive salary range adjustments at a flat rate of 4.05%.
13.8.3. Effective the first pay period in July 20247, employees under this
Agreement will receive salary range adjustments at a flat rate of 3.50%.
13.9. Investment Incentive Salary (IIS)
13.9.1. An additional amount of 4% of base salary will be paid to employees
hired or promoted into the Group on or before October 16, 2003 in a
lump-sum amount each pay period. This provision continues to make
employees whole as a result of the Ventura decision. The above
percentages will not be counted toward base salary for the purpose of
salary surveys.
13.9.2. In addition, employees hired or promoted into the Group on or before
October 16, 2003 will be paid $1250 annually or $48.08 per pay period in
IIS to further encourage savings and investment for retirement.
13.9.3. IIS amounts are applied to annual, retirement, and termination leave
payouts for eligible employees.
13.10. One-Time Lump Sum Payment – Employees hired or promoted into the Group as of
the last day of the first full pay period in July 20225 will receive a $1,5000 one-time
payment. The payment shall not apply to employees hired after the first full pay
period following approval and adoption of the Agreement.
ARTICLE 14. - SEVERANCE PAY
14.1. Except for disciplinary cause or release from probation, when a full-time employee is
terminated by action of OC San, the employee will be notified in writing two (2) weeks
prior to the effective separation date. The employee will be entitled to severance pay
in accordance with the formula set forth below:
14.1.1. Full-time, regular employees will be entitled to eight (8) hours pay for
each full calendar month of continuous employment not to exceed one
hundred sixty (160) hours pay.
14.1.2. Employees in limited term or part-time positions, probationary employees
and employees who are separated for cause are not eligible for
severance pay under any circumstances.
ARTICLE 15. - DEFERRED COMPENSATION
15.1. Employees may participate in OC San approved deferred compensation plans,
subject to IRS requirements, and in accordance with all guidelines for voluntary
participation established by OC San management.
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15.1.
15.1.1. Effective the first full pay period in July 2022, employeesOC San will
make a 401(a) plan available to eligible employees to allow for applicable
matching OC San contributions. Participating employees shall be
responsible for any administrative fees associated with this plan.
15.2. Employees covered by OCERS Plans B and U and who participate in the deferred
compensation plan, are eligible to receive up to a $235 per month matching OC San
contribution. Effective the first full pay period in July 2025, employees covered by
OCERS Plans B and U and who participate in the deferred compensation plan, are
eligible to receive up to $445 per month matching OC San contribution.
ARTICLE 16. - HOLIDAYS
16.1. The days listed below are observed by OC San as holidays. Employees will receive
holiday pay if their entire scheduled work shifts immediately preceding and following
the holiday are in a paid payroll status, meaning the employee worked those shifts or
utilized paid time off in lieu of working those shifts. When an employee's work
schedule requires that they work on an observed holiday, the employee will be paid
at the employee's regular rate of pay for the holiday, and will also receive pay at the
rate of one and one half (1.5) times his/her regular hourly rate for all hours actually
worked. Employees may also elect to receive Holiday Compensatory Time Off on an
hour for hour basis rather than receive holiday pay, if requested by December 31 of
the prior year on the Holiday Comp Cashout Form. When a holiday occurs on an
employee's regular scheduled day off, the employee will accrue compensatory time
off for the amount of hours normally scheduled for that day. Employees with a
compensatory time off balance in excess of fifty (50) hours as of the last pay period
ending in October will receive a mandatory payout for the hours that exceed fifty (50).
The mandatory payout shall be made in the form of a contribution into the employee’s
HRA according to Article 20 – Insurance, Health Reimbursement Arrangement,
Section 20.15.4.
Holidays
New Year’s Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday (refer to
section 16.2)
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16.2. Floating Holiday: Employees will be granted “Floating Holiday” hours equal to and no
less than one (1) regular workday during each calendar year. Floating Holiday hours
may be utilized in one quarter (.25) hour increments. New employees shall be
granted a “Floating Holiday” on a pro rata basis in the first calendar year of service
per the following table:
Hire Date Percent
1st Quarter (January-March) 100%
2nd Quarter (April-June) 75%
3rd Quarter (July-September) 50%
4th Quarter (October-December) 0%
16.3. Employees must use the “Floating Holiday” within the year it is granted, and it is not
subject to cash out or eligible for any mandatory payout regardless of reason. Every
effort will be made to approve an employee's request for a "Floating Holiday" off
providing sufficient notice is given.
16.4. Part-time employees are eligible for holiday benefits on a pro-rata basis as set forth
in applicable OC San Policy.
ARTICLE 17. - HOURS OF WORK
17.1. The work schedule for full-time employees will be eighty (80) hours per biweekly pay
period, normally scheduled in shifts of five (5) eight 8-hour days each week, four (4)
nine 9-hour days each week and one (1) additional 8-hour day on alternate weeks
(9/80), four (4) ten 10-hour days each week (8/80), or three (3) twelve 12-hour days
each week and one (1) additional 8-hour day on alternate weeks (7/80). However,
with the approval of the employee’s supervisor, employees may be allowed to flex
their schedule within the pay period provided that the business needs, work flow, and
customer service needs of OC San are met.
17.2. OC San may, at its sole discretion, change an employee’s work schedule with thirty
(30) days written notice to the affected employee, which may be waived by the
employee per written request.
17.2.1. The 30-day notice will not be applicable if the change is a result of a
reasonable accommodation.
17.3. OC San may provide the option of telecommuting, as set forth in the Telecommuting
Policy.
ARTICLE 18.
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ARTICLE 19.
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ARTICLE 20. - INSURANCE
20.1. OC San will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following
date of hire, regardless of hire date. An open enrollment period will be held annually.
20.3. Medical Insurance
20.3.1. OC San will provide medical health insurance coverage through a Health
Maintenance Organization (HMO) medical insurance plan, a Preferred
Provider Organization (PPO) medical insurance plan, and a High
Deductible Health Plan (HDHP).
20.4. Regular, full-time employees OC San will contribute 90% of employee only premiums
for the HMO medical health plans and 80% of employee only premiums for the PPO
and HDHP medical plans. OC San will contribute 80% of the employee +1
dependent and full family premiums for the HMO, PPO, or PPOHDHP medical plans.
Any change in insurance rates will be shared equally in same ratio as OC San and
employees currently pay premiums. Before the renewal of any OC San sponsored
health insurance plan, the parties agree to meet and confer as to changes in the
plan.
20.5. Regular, part-time employees Part-time employees are eligible for medical insurance
benefits on a pro-rata basis as set forth in the applicable OC San Policy.
20.6. The HDHP will be accompanied by a Health Savings Account (HSA) to pay for
qualified medical expenses. OC San will use a portion of the cost savings in
premiums to fund the HSA accounts during active employment only. The HSA will be
funded with the savings generated annually by calculating the difference between OC
San’s share of the PPO and HDHP premiums. Exact HSA account funding will be
calculated annually, prior to open enrollment, in an amount up to the difference in
deductibles, not to exceed OC San's aforementioned annual premium cost savings.
20.7. OC San may reopen negotiations at any time during the term of this agreement to
address the impact of the Affordable Care Act (ACA).
20.8.20.7. Group Insurance Premiums
20.8.1.20.7.1. Group insurance premiums that are paid by salary redirection
can be made on a pre-tax basis.
20.9.20.8. Life Insurance
20.9.1.20.8.1. OC San will pay up to the full premium for $50,000 term life
insurance on each employee according to the plan terms, which provide
for reductions at specific ages.
20.10.20.9. Short Term Disability
20.10.1.20.9.1. OC San will provide a non-work related, short-term disability
indemnity plan that provides benefits for employees equal to the
maximum weekly amount provided through California’s State Disability
Insurance (SDI) program for up to twenty-six (26) weeks following a
fourteen (14) calendar day waiting period.
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20.11.20.10. Long Term Disability
20.11.1.20.10.1. OC San will provide a non-work related, long-term disability
indemnity plan that pays two-thirds of the employee's rate of pay in effect
at the time of such disability, not to exceed $5,000 per month, following a
90-day waiting period of continuous disability, at such time that an
employee completes five (5) years of service.
20.11.2.20.10.2. For participants age 64 and younger, the maximum period of
payment is based on the Social Security Act retirement age of 65. For
participants age 65 and older, the maximum period of payment is
specified. The specified periods and additional information about
coverage is included in OC San’s long term disability plan contract
accessible on the intranet.
20.11.3.20.10.3. No combination of disability or sick leave pay will result in more
than an employee's regular rate of pay. Employees may not receive
short-term and long-term disability benefits at the same time. An
employee who is otherwise not eligible for OC San paid Long Term
Disability may purchase such coverage at their own expense.
20.12.20.11. Dental Insurance
20.12.1.20.11.1. OC San will contribute 80% of employee only and full family
premiums for dental insurance.
20.13.20.12. Vision Insurance
20.13.1.20.12.1. OC San will provide a vision insurance plan for regular, full-time
employees and eligible dependents. Part-time employees are eligible for
vision insurance benefits on a pro-rata basis as set forth in applicable
OC San Policy.
20.14.20.13. Retiring Employees
20.14.1. OC San will pay, for employees hired prior to July 1, 1988, two and one-
half (2.5) months' premium for each year of continuous service of a
retiring employee towards the premium costs of coverage for the
employee and eligible dependents under OC San medical plan.
20.14.2. In the event OC San adds additional optional insurance plans, OC San's
share of the premium will be the same as for existing plans as set forth
above. In the event OC San changes underwriters for existing insurance
plans, OC San's share of the premium will be the same as for existing
insurance plans as set forth above.
20.14.3.20.13.1. OC San will continue to implement the retiree medical health
premium offset program wherein the cost of health premiums are offset
by $10 per month for every full year of continuous service up to a
maximum of 25 years or $250 per month.
20.14.4.20.13.2. Continuous service is calculated based on benefitted
employment. Time as an intern or in non-benefitted status shall not
count toward continuous service.
20.15.20.14. Health Reimbursement Arrangement: OC San will establish a Health
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Reimbursement Arrangement (HRA) for all employees in the Group, per Internal
Revenue Guidance Rev. Rul. 2002-41Code Sections 105 and Rev. No.106 and IRS
Notice 2002-45.
20.15.1.20.14.1. All employees of the Group shall be required to contribute
uniformly to the HRA according to the following plan design and may not
opt out.
20.15.2.20.14.2. All mandatory sick leave payouts shall be contributed to the
employee’s HRA according to the provisions in Article 27 – Leave of
Absence with Pay, Sections 27.2.5 and 27.2.11.
20.15.3.20.14.3. All mandatory vacation payouts shall be contributed to the
employee’s HRA in accordance with Article 27 – Leave of Absence with
Pay, Section 27.1.5.
20.15.4.20.14.4. All mandatory compensatory payouts shall be contributed to the
employee’s HRA in accordance with Article 16 - Holidays, Section 16.1.
20.15.5.20.14.5. In the event of death while employed at OC San, any
compensation as a result of any accrued and unused sick leave,
vacation leave, and compensatory leave payouts shall be paid to the
employee’s designated beneficiaries.
20.15.6.20.14.6. In the event of death, the employee’s HRA account and all
remaining monies within the account shall be transferred to the qualified
dependent of record. The qualified dependent of record is a designation
defined by IRS rules rather than an employee-chosen beneficiary. In the
event there is no qualified dependent of record, all assets in the HRA
shall be forfeited and distributed on a non-discriminatory basis to
remaining plan participants.
20.15.7.20.14.7. In the event of termination by OC San, any compensation as a
result of accrued and unused sick leave, vacation leave, and
compensatory leave payouts shall be paid directly to the employee.
20.15.8.20.14.8. OC San shall pay the administrative costs of the HRA plan up to
a maximum of $30 per year per employee. Employees shall be
responsible for any asset management fees.
20.15.9.20.14.9. Effective the last full pay period in October 2022, OC San will
contribute $50 per month to each employee’s HRA account.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
21.1. Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars
to pay for their portion of the cost of benefits under the Plan through salary
redirection arrangements. The options available under the flexible benefits program
are listed below. This is a brief overview of the different options. For complete
information regarding Flexible Spending Accounts employees must refer to the plan
booklet available in the Human Resources Department.
21.2. Medical Reimbursement Account
21.2.1. The purpose of this account is to provide a method through which the
employee can accumulate pre-tax funds in a Medical Care
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Reimbursement Account for purposes of reimbursing himself/herself for
payment of health care costs not otherwise covered by his/her medical
insurance.
21.3. Dependent Care Assistance Account
21.3.1. The purpose of this account is to provide a method through which the
employee can accumulate pre-tax funds in a Dependent Care Assistance
Account for purposes of reimbursing himself/herself for childcare
expenses or day care for a disabled dependent.
ARTICLE 22. – EXTRAORDINARY SERVICES COMPENSATION
22.1. Employees in the Group are exempt from the overtime provisions of the Fair Labor
Standards Act. However, when services are required beyond what is normally
expected of a position in this Group, employees will be eligible to receive additional
compensation, as defined herein, for performing extraordinary services.
Extraordinary services shall be defined as:
22.1.1. The General Manager declares an emergency. A declaration of an
emergency is at the sole discretion of the General Manager whose
decision is final and not subject to any other provision of this Agreement,
including Article 11 – Grievance Procedure or Article 12 – Problem
Solving Procedure.
22.1.2. The General Manager determines that there exists a critical event. A
critical event is defined as work of a prolonged nature; involving non-
emergency related services; major special projects; or when a
substantial effort must be expended to meet a compliance date or
scheduled deadline. The designation of a critical event is at the sole
discretion of the General Manager whose decision is final and not
subject to any other provision of this Agreement, including Article 11 –
Grievance Procedure or Article 12 – Problem Solving Procedure.
22.1.3. Written approval of a critical event must be obtained in advance of the
work to be performed. The authorization shall set forth the work to be
accomplished, the anticipated start and end date and those employees
expected to participate in the work. The Department Head, or designee,
will be responsible for determining the actual start and end date as well
as those who actually work the event.
22.2. Upon the declaration of an emergency or upon the designation of a critical event,
employees will be compensated as follows:
22.2.1. Compensation will be restricted to those employees that are assigned to
the event, independent from which department they are assigned.
22.2.2. For emergencies, compensation will occur for all hours outside the
employee’s regularly scheduled work shift. For critical events,
compensation will occur for all hours after an initial 10 hours of
uncompensated time has elapsed.
22.2.3. Employees in the Operations Supervisor classification will receive
additional compensation at one and one-half (1.5) times their regular rate
of pay. All other classifications shall receive straight time compensation.
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ARTICLE 23. – PROBATIONARY PERIOD
23.1. All new employees serve an initial probationary period beginning with the date of hire
and extending to at least the first day of the pay period following one-year of
employment without a break in service. Extended absence without pay, short-term
and long-term disability and Workers' Compensation leave does not provide an
opportunity to judge an employees' capability to meet performance expectations for a
position, and thus the time spent on such leaves will not be included towards
completion of the probationary period and may result in an extension.
23.2. Employees who are rehired following a break in service must complete a new
probationary period whether or not one was previously completed.
23.3. New employees serving their initial probationary period shall be eligible for
Development Pay and/or certification/license reimbursement the first day of the pay
period following six months of employment without a break in service.
23.4. An employee may be released during his/her initial probationary period at the
discretion of OC San without recourse to the Grievance, Discipline or Appeal
Procedure (i.e., an employee is “at-will” during his/her initial probationary period).
Employees within the initial probationary period do not have any property rights in
their job during probation and may be separated with or without cause.
23.5. Employees who are reassigned, or laterally transferred or have a voluntary job
change will serve a probationary period of six months. The “probationary period”
shall not divest an employee of his/her property right in his/her former position.
Rejection of probation during this period shall result in the employee reverting to
his/her former assignment and/or position.
ARTICLE 24. – PROMOTIONS
24.1. A promotion is the appointment of an employee to another classification with a higher
maximum rate of pay. OC San will determine whether a vacant position will be filled
as an openexternal or promotionalinternal recruitment. Whenever OC San intends to
fill a position by promotion, OC San will post the opportunity for a minimum of ten
(10) business days. Employees must apply during the period of posting. Notices will
be posted on OC San’s intranet.
24.2. A promoted employee will serve a promotional probationary period lastingthat
extends to at least until the first day of the pay period following twenty-six months
after(26) weeks of employment without a break in service, beginning with the
effective date of the promotion. OC San may extend an employee's promotional
probationary period for the length of any period during which an employee is on an
extended leave of absence during the probationary period.
24.3. If the promotion is for a classification that is subject to Department of Transportation
requirements, the employee selected for promotion will be required to successfully
complete alcohol and controlled substances testing prior to assuming the position.
24.3.24.4. At any time during the promotional probationary period, an employee may be
returned to his/her previous position. or an equivalent position. The promotional
probationary period may be extended by mutual agreement between the employee
and OC San management for up to ninety (90) days.
24.4.24.5. If an employee is promoted during his/her initial probationary period, the period
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will be extended until at least the first day of the pay period twenty-six months(26)
weeks after the effective date of the promotion.
24.5.1. For those employees promoted during the pendency of their initial
probationary period, such period shall run concurrently with the
promotional probationary period and shall apply over the promotional
probationary period while it remains in effect. Should the initial
probationary period end before the promotional probationary period, the
promoted employee shall remain on the promotional probationary period
for the remaining period until at least the first day of the pay period
following twenty-six (26) weeks of employment without a break in service.
24.5.24.6. Promoted employees will receive the equivalent of a one (1) step increase in pay,
not to exceed the top of the range for the new classification or the minimum rate of
the new classification whichever is greater.
ARTICLE 25. – RETIREMENT
25.1. OC San will continue participation in the Orange County Employees Retirement
System (OCERS), wherein all full-time employees and part-time employees
scheduled to work twenty (20) hours per week or more are considered members.
The following retirement program is in effect pursuant to the contract between
OCERS and OC San.
25.1.1. Employees hired on or after September 21, 1979 and before October 1,
2010: OC San will continue to contract with OCERS to provide the 2.5%
@ 55 benefit formula (Plan H) based on the highest consecutive thirty-six
(36) months average earnings, past and future service.
25.1.1.1. OC San will continue to pay 3.5% of an eligible employee’s
base salary towards the employee’s contribution to OCERS.
25.1.2. Employees hired on or after October 1, 2010 and before January 1,
2013: OC San will contract with OCERS to provide the 1.667% @ 57.5
benefit formula (Plan B) based on the highest consecutive thirty-six (36)
months average earnings, past and future service.
25.1.2.1. OC San will pay 0% of an eligible employee’s base salary
towards the employee’s contributions to OCERS.
25.1.3. Employees hired on or after January 1, 2013: OC San will contract with
OCERS to provide the 2.5% @ 67 benefit formula (Plan U - PEPRA)
based on the highest consecutive thirty-six (36) months average
earnings, past and future service.
25.1.3.1. OC San will pay 0% of an eligible employee’s base salary
towards the employee’s contribution to OCERS.
25.2. All monies actually contributed into the retirement system by an employee will be
deducted from gross salary for taxation purposes in accordance with Internal
Revenue Code provisions.
ARTICLE 26. – SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of 50% or more of the
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hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift will receive a
shift differential of $3.00 per hour. for each hour worked between 6:00 p.m. and 6:00
a.m.
ARTICLE 27. – LEAVE-OF-ABSENCE WITH PAY
27.1. Vacation Leave
27.1.1. Except as otherwise provided, regular full-time employees accrue
vacation leave, beginning with the first day of employment, in
accordance with the following schedule:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 5.85 152
In year 15 6.16 160
In year 16 6.46 168
In year 17 6.77 176
In year 18 7.08 184
In year 19 7.39 192
In year 20 and over 7.69 200
27.1.2. Part-time employees accrue vacation leave on a pro-rata basis as set
forth in applicable OC San Policy.
27.1.3. Vacation leave may only be utilized in increments of one-quarter (0.25)
hour or more. Vacation leave is accrued for all paid hours, including
hours actually worked and hours in a paid-leave payroll status.
27.1.4. When unpaid absences occur, vacation leave accruals will be applied by
straight proration of leave accruals based on the number of hours paid
within the pay period, and is applicable to all types of leave, whether
legally protected or not.
27.1.5. Annual Payoff. Employees may have a maximum accumulation of two
hundred (200) hours as of the last day of the final pay period in
December of each year. In the event an employee accrues vacation
leave in excess of two hundred (200) hours, it must be used prior to said
December date;, all other remaining hours in excess of two hundred
(200) will be contributed into the employee’s HRA according to Article 20
– Insurance, Health Reimbursement Arrangement, Section 20.15.3.
This will occur in the first pay period in January at the employee's then
current hourly rate of compensation.
27.2. Sick Leave
27.2.1. Definition. Sick leave is an insurance or protection provided by OC San
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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: to
attend to the illness or injury of a family member as hereinafter defined:
or, for an employee or family member who is a victim of violence,
domestic violence, sexual assault, or stalking, for the purposes described
in Labor Code sections 230(c) and 230.1(a). Temporary employees shall
receive sick leave benefits as required by State law.
27.2.2. Method. - Sick Leave Accrual. Full-time employees hired prior to
November 27, 1981, accrue paid sick leave at the rate of three and one-
half (3.5) hours for each biweekly pay period of continuous service;
ninety-one (91) hours per year. Full-time employees hired on or after
November 27, 1981, accrue paid sick leave at the rate of three (3.0)
hours for each biweekly pay period of continuous service; (seventy-eight
(78) hours per year), beginning with the first day of employment.
27.2.3. Part-time employees accrue sick leave on a pro-rata basis as set forth in
applicable OC San Policy.
27.2.4. When unpaid absences occur, sick leave accruals will be applied by
straight proration of leave accruals based on the number of hours paid
within the pay period, and is applicable to all types of leave, whether
legally protected or not.
27.2.5. Annual Payoff. Employees may elect annually to be paid for any unused
sick leave hours accrued through the last pay period ending in October
at their current hourly rate according to the following payoff schedule.
The mandatory payout shall be made in the form of a contribution into
the employee’s HRA according to Article 20 – Insurance, Health
Reimbursement Arrangement, Section 20.15.2:
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory) 50%
27.2.6. Employees who terminate for any reason other than retirement or death
will be compensated for any accrued and unused sick leave according to
the above schedule. Employees who retire or decease with twenty (20)
years or more of service will be paid at the one hundred percent (100%)
rate for all accrued and unused sick leave. Employees who retire or
decease with less than twenty (20) years of service will be paid at the
seventy-five percent (75%) rate for all accrued and unused sick leave.
27.2.7. Permissible Uses. Sick leave may be applied only to the following
situations:
27.2.7.1. Absence due to illness, injury or pregnancy of an employee.
27.2.7.2. Absence due to medical and dental office appointments of an
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employee when approved by the employee's supervisor.
27.2.7.3. Absence for the care of the employee's father, father-in-law,
mother, mother-in-law, brother, sister, husband, wife,
domestic partner, child, child of domestic partner,
grandparent, grandchild, legal guardian, or family member
with whom the employee resides;. or designated person. A
designated person is a person identified by the employee at
the time the employee requests sick leave. The employee is
limited to one designated person per rolling 12-month period..
27.2.7.4. Absence due to a job-related injury.
27.2.7.5. Absence related to an employee or family member who is a
victim of violence, domestic violence, sexual assault, or
stalking, for the purposes described in Labor Code sections
246.5, 230(c) and 230.1(a).
27.2.7.6. Bereavement Leave, as set forth in section 27.6.1, below.
27.2.8. Protected Sick Leave. As prescribed under California Labor Code section
233, employees may use up to one-half (1/2) of their annual sick leave
accruals in any calendar year for qualifying reasons to care for eligible
family members.
27.2.8.27.2.9. General Provisions. To qualify for sick leave pay, the employee
must notify OC San at or in advance of the time the employee is
scheduled to report for duty. Minimum charge to the employee’s sick
leave account will be one-quarter (0.25) hour increments.
27.2.9.27.2.10. The Human Resources Department and department
management will be responsible for controlling the abuse of the sick
leave privilege. Except for the first forty (40) hours or five (5) days of sick
leave use as prescribed under the California Paid Sick Leave Law, if
notified in advance by a manager or supervisor, the employee may be
required to furnish a certificate issued by a licensed physician or nurse,
or other satisfactory evidence of illness. For absences of ten (10)
consecutive working days or more, a request for leave and a medical
statement, on prescribed forms, stating expected date of return must be
submitted to the Human Resources Department. Upon return to work, a
written doctor's release must be submitted to the Human Resources
Department. For absences of one (1) or more working days in an unpaid
status, a request for leave and a medical statement, on prescribed forms,
stating expected date of return must be submitted to the Human
Resources Department.
27.2.10.27.2.11. If the need for leave is due to the employee's serious health
condition, as defined in the Family and Medical Leave Act ("FMLA") or
the California Family Rights Act ("CFRA"), the certification requirement
will comply with the provisions of these Acts.
27.2.11.27.2.12. Sick Leave Incentive Plan. If the average sick leave usage of
employees in the Group is under forty (40) hours per year, calculated on
annualized actual time off from October to October, based on the last
pay periods ending in October, exclusive of catastrophic illness or injury
requiring absence in excess of two hundred (200) hours or industrial
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injury leave in excess of eighty (80) hours, the annual payoff for unused
sick leave will be as follows in the chart below. The mandatory payout
shall be made in the form of a contribution into the employee’s HRA
according to Article 20 – Insurance, Health Reimbursement
Arrangement, Section 20.15.2:
Accrued Sick Leave Hours Rate of Payoff
0 – 100 15%
101 – 240 45%
241 – 560 60%
Over 560 (mandatory) 75%
27.3. Jury Duty Leave
27.3.1. Any full-time, including probationary, employee who is called for jury duty
will be entitled to his/her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two (22) working
days.
27.3.2. Prior to jury duty service, employees must complete an online time off
request form. To be entitled to receive regular pay for such jury leave,
employees must report for work during their regularly scheduled work
shift when they are relieved from jury duty service, unless there is less
than one-half (½) of a regular shift remaining. Employees are not
compensated for jury duty occurring on scheduled days off.
27.3.3. An employee serving jury duty must obtain an attendance slip from the
court to be submitted to his/her supervisor with his/her timesheet in order
to be eligible for regular pay for those hours of absence due to jury duty.
27.4. Witness Leave
27.4.1. Any full-time, including probationary, employee, who is required to be
absent from work by a subpoena properly issued by a court, agency or
commission legally empowered to subpoena witnesses, which subpoena
compels his/her presence as a witness, except in a matter wherein
he/she is named as a defendant or plaintiff or as an expert witness, will,
upon approval of an online time off request, be entitled the time
necessary to comply with such subpoena. An employee’s regular pay
will be reduced by the amount of witness leave pay received, exclusive
of mileage.
27.4.2. An employee so subpoenaed must submit a copy of the subpoena to
his/her supervisor and complete an online time off request form in order
to be eligible for pay for such absence. To be entitled to receive regular
pay for such witness leave, the employee must report for work at OC
San for time not actually retained on witness service of one (1) hour or
more prior to and/or upon completion of each day's service, exclusive of
travel time.
27.5. Military Leave
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27.5.1. A request for military leave will be made upon leave-of-absence forms
approved by the Human Resources Department and will state the date
when it is desired to begin the leave-of-absence and the date of
anticipated return. A copy of the orders requiring such military service will
be submitted with the request.
27.5.2. Provisions of the Military and Veterans Code of the State of California,
Sections 395-395.5 will govern military leave. In general, current law
provides that an employee having one (1) year or more service with a
public entity is entitled to military leave with pay not exceeding thirty (30)
days per year if the employee is engaged in military duty ordered for
purposes of active military training or encampment. An employee who is
required to attend scheduled service drill periods or perform other
inactive duty reserve obligations is entitled to military leave without pay,
not exceeding seventeen (17) calendar days per year, although the
employee may, at his or her option, elect to use vacation, administrative
leave, or personal leave time to attend the scheduled reserve drill
periods or to perform other inactive drill period obligations. Employees
who participate in weekend military drill duty are not eligible for leave
with pay for such activity, but may have their regular work schedule
changed to accommodate the required time off.
27.6. Bereavement Leave
27.6.1. Any full-time employee, whether probationary or regular, shall receive a
maximumreceive up to five (5) days of bereavement leave, thirty-six (36)
hours off with payof which will be paid, for the death or funeral of an
immediate family member. An employee may use existing accruals (i.e.,
sick, vacation, administrative leave, compensatory time off) in order to be
paid for up to five (5) days. Bereavement leave shall be used within six
(6) months of the death of the immediate family member. Immediate
family member is defined as the employee's father, step-father, father-in-
law, mother, step-mother, mother-in-law, brother, step-brother, sister,
step-sister, husband, wife, domestic partner, biological child, adopted
child, step-child, child of a domestic partner, grandchild, grandparent,
foster parent, foster child, legal guardian, or any family member with
whom the employee resides. Employees must submit an online time off
request form for approval by their supervisor. Employees may be
required to furnish evidence satisfactory to OC San of the family
member’s death and the employee’s relationship to the deceased family
member. Employees may submit requests for bereavement leave after
the six (6) months to the Director of Human Resources or designee, who
has the discretion to grant or deny such requests. Any denial of a
request for the use of bereavement leave after the designated six (6)
months is not grievable or otherwise subject to appeal.
27.6.2. Part-time employees are eligible for paid bereavement leave on a pro-
rata basis as set forth in applicable OC San Policy.
27.7. Administrative Leave
27.7.1. Administrative Leave is provided to FLSA exempt employees who are
not eligible for overtime in an effort to recognize that based on the nature
of the work and classification, the job and duties may extend beyond
regularly scheduled work hours.
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27.7.1.27.7.2. Effective the first pay period in July, regular full-time employees
in the Group shall be granted forty (40sixty (60) hours of Administrative
Leave. Employees who are hired or promoted intobecome part of the
Group shall be granted Administrative Leave on a pro-rata basis per the
following schedule:
Hire Date Percent
July - September 100%
October - December 75%
January - March 50%
April - June 0%
27.7.2.27.7.3. Administrative Leave will be administered in accordance with the
following guidelines:
27.7.2.1.27.7.3.1. Administrative Leave may be used in one-
quarter-(0.25) hour increments.
27.7.2.2.27.7.3.2. Any unused Administrative Leave, within the
fiscal year granted, will not be carried over to the next fiscal
year.
27.7.2.3.27.7.3.3. Any unused Administrative Leave, within the
fiscal year granted, is not subject to cash out or eligible for any
mandatory payout.
27.7.2.4.27.7.3.4. Employees who cease to be part of the Group
for any reason will forfeit any unused Administrative Leave.
27.7.3.5. Movement within the Supervisory and Professional Groups will
not be subject to pro-rata granting, or forfeiture of
Administrative Leave.
ARTICLE 28. – LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of OC San to grant employees leaves-of-absence without pay under
certain circumstances and in accordance with state and federal benefit entitlement
laws. Except as stated below, employees will not receive compensation during an
unpaid leave-of-absence. Employees will not be granted an unpaid leave of absence
prior to exhausting all paid leave accrual balances, excluding employees protected
by PDL (Pregnancy Disability Leave)/FMLA (Family and Medical Leave Act)/CFRA
(California Family Rights Act) for their own serious health condition.
28.2. Using the prescribed forms, approved by OC San management, any full-time,
including probationary, or part-time employees with at least fifty-two (52) weeks of
service and at least twelve hundred fifty (1,250) hours of service, may be granted an
FMLA and/or CFRA leave-of-absence without pay, not to exceed twelve (12) weeks
in a rolling twelve (12) month calendar period. A “rolling” twelve (12) month period is
measured backward from the date the employee uses the leave. A Leave of Absence
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Rrequest for leave of absence without pay must be made upon prescribed forms in
all instances where an employee is absent without pay for more than five (5)
consecutiveone (1) working days, or for absences of ten (10) working days or more
when using paid sick leave accruals.
28.3. Substitution of Paid Leave.
28.3.1. Employees who request FMLA and/or CFRA Leave for qualifying
purposes other than the employee’s own serious health condition will be
required to use all accruals before unpaid leave is granted.
28.3.2. Vacation, sick leave, administrative leave or personal leave accruals may
be used for the care of the employee’s father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-
sister, husband, wife, domestic partner, biological child, adopted child,
step-child, foster child, legal ward, child of a domestic partner, or a child
to whom the employee stands in loco parentis, grandchild, grandparent,
foster parent, legal guardian, or any family member with whom the
employee resides.
28.4. Permissible Uses
28.4.1. FMLA Leave. FMLA leave may be used for:
28.4.1.1. The birth of a child or to care for a newborn of an employee;
28.4.1.2. The placement of a child with an employee in connection with
the adoption or foster care of a child;
28.4.1.3. The care for the employee’s father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother,
sister, step-sister, husband, wife, domestic partner, biological
child, adopted child, step-child, foster child, legal ward, child of
a domestic partner, grandchild, grandparent, foster parent,
legal guardian, or any family member with whom the employee
resides, who has a serious health condition, as defined in the
Act;
28.4.1.4. The employee’s own serious health condition that renders the
employee unable to perform the essential functions of his or
her position, including incapacity due to pregnancy;
28.4.1.5. A qualifying exigency arising out of the fact that an employee’s
family member is on covered active duty or called to covered
active duty status in the Armed Forces. A qualifying exigency
may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of
the service member, or attending to farewell or arrival
arrangements for the service member;
28.4.1.6. The care for the employee’s family member or “next of kin”
service member of the United States Armed Forces who has a
serious injury or illness incurred in the line of duty while on
active military duty. This leave may consist of up to 26 weeks
of unpaid leave during a single 12-month period.
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28.4.2. CFRA Leave. CFRA Leave may be used for:
28.4.2.1. The same purposes as FMLA Leave, including, the care of a
domestic partner or child of a domestic partnerdesignated
person identified by the employee at the time the employee
requests leave to care for that person, and will run
concurrently with FMLA leave.
28.4.2.1.1. Employees are limited to one (1) “designated
person” per rolling 12-month period.
28.4.2.2. CFRA Leave may not be used for 1) an employee’s incapacity
due to pregnancy, or 2) to care for a family member or next of
kin with a serious injury or illness incurred in the line of duty.
However, incapacity due to pregnancy may entitle an
employee to up to four (4) months of pregnancy disability leave
under California’s Pregnancy Disability Leave (PDL) law.
28.5. General Provisions
28.5.1. Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable, OC San requests
thirty (30) days advance notice.
28.5.2. Medical Certification
28.5.2.1. As a condition of FMLA and/or CFRA Leave because of a
serious health condition, OC San may require certification by
the employee’s attending physician in accordance with the
Department of Labor (DOL) regulations.
28.5.2.2. As a condition of FMLA and/or CFRA Leave because of an
eligible family member’s serious health condition, OC San may
require certification by the eligible family member’s attending
physician in accordance with the Department of Labor (DOL)
regulations.
28.5.3. Medical and Dental Premiums
28.5.3.1. During FMLA and/or CFRA Leave, OC San will pay for medical
and dental benefits at the same level as coverage would have
been provided if the employee was not on leave. The
employee will be required to pay his or her share of medical
and dental premiums. Failure to submit a monthly co-payment,
in full, within forty-five (45) days of the invoice date will result in
loss of group coverage. Coverage will be reinstated upon
return to active employment.
28.5.4. Reinstatement
28.5.4.1. Upon expiration of FMLA and/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 OC San's obligation to continue health and dental
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or other benefits will cease.
28.5.5. OC San Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave Married employees will be limited to a combined
total of twelve (12) weeks FMLA or CFRA Leave in a rolling
twelve (12) month calendar period for the care of a parent or
newly born or placed child.
28.5.6.28.5.5. General Leave
28.5.6.1.28.5.5.1. Employees who have exhausted all paid time off
accruals may request to be granted a general leave-of-
absence by OC San management to attend to personal
matters, or for FMLA and/or CFRA qualifying events after the
expirations of previously authorized leave.
28.5.6.2.28.5.5.2. During a general leave-of-absence, the
employee will be required to pay both OC San's and the
employee’s share of medical and dental premiums.
28.5.6.3.28.5.5.3. Failure to submit a monthly co-payment, in full,
within forty-five (45) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to
active employment.
28.5.7.28.5.6. Return to Work Policy
28.5.7.1.28.5.6.1. An employee who has been absent from work
due to a medical reason may be subject to a Return-to-Work
medical evaluation.
28.5.7.2.28.5.6.2. If it is determined that the job demands of the
position last held by the employee are not compatible with the
employee’s restrictions (with reasonable accommodation if the
employee is disabled within the meaning of the ADA/FEHA)
and the employee is willing to return to work, placement in an
alternative position, if available, will be considered. The
employee will be re-classified as medically disqualified while
alternative positions are being considered. Such time off will
be without pay; however, the employee may elect to use
accrued leave hours, such as vacation, sick or personal, to
receive compensation. Placement of an employee in an
alternative position requires a pre-placement medical
evaluation for the alternative job.
28.5.7.3.28.5.6.3. If it is determined that the job demands of the
position last held by the employee are not compatible with the
employee’s restrictions (and cannot be reasonably
accommodated if the employee is disabled within the meaning
of ADA/FEHA) and there is not an alternative position, or the
employee’s restrictions are not compatible with an alternative
position, or the employee is not willing to return to work, the
employee 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
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disciplinary action for cause. If requested, the employee’s file
will indicate the employee left for personal reasons.
28.5.8.28.5.7. Bridge of Service
28.5.8.1.28.5.7.1. If an employee is dismissed per Section 28.5.7.3
and then is rehired to a position within OC San within one (1)
year, OC San will bridge the employee’s service date. Bridging
of service procedures involve adding the total number of days
away from work to the employee’s original date of hire.
28.5.9.28.5.8. Failure to Return to Work
28.5.9.1.28.5.8.1. If, upon the expiration of FMLA and/or CFRA
Leave, or any OC San-approved extension thereof including
General Leave, an employee fails to return to work and no
additional leave has been authorized, the employee will be
considered to have automatically resigned from his/her
position. In such cases, the employee will receive advance
notification of OC San’s intent to implement an automatic
resignation.
28.5.10.28.5.9. Compliance with Law
28.5.10.1.28.5.9.1. These Leave-of-Absence provisions will be
interpreted and applied in a manner that is consistent with the
provisions of FMLA, CFRA, ADA and all other laws. In the
event there is a direct conflict between these provisions, as
written or applied, the provisions of law will govern.
ARTICLE 29. - CLASSIFICATION STUDIES
29.1. The law requires meet and confer over changes to wages, hours, and terms and
conditions of employment; OC San is committed to complying with the law.
29.2. 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 Human Resources Department for
consideration and response. Classification studies will only be conducted twice a
year in November and during the budget process; therefore, classification study
requests shall be submitted October 1st for the November review and according to
the Finance budget schedule which normally requests all information by the end of
February. OC San management may also conduct classification studies at their
discretion to ensure that the duties and responsibilities of all employees are
appropriately allocated within the classification structure.
29.2.1. The findings of the Human Resources Department are final and not
subject to the appeal, problem-solving or grievance processes.
29.2.2. 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 OC San's Board
of Directors. The recommendations of the classification study will be
implemented in the first pay period immediately following the completion
of the study unless the recommendations require action to be taken by
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the Board of Directors prior to implementation. In such event, the
recommendations will be implemented in the first pay period immediately
following authorization by the Board.
29.3. Y-Rating
29.3.1. In the event the duties and responsibilities of a position are allocated to a
lower paid classification, the salary of the incumbent of that position will
remain unchanged.
29.3.2. Y-rating will be granted for all reclassifications where employees are
working in a job classification with a lower maximum rate of pay resulting
from changes to OC San’s staffing requirements, organizational structure
or “bumping” associated with layoffs. Y-rating shall not apply in cases
involving disciplinary actions or voluntary changes to a job classification
with a lower maximum rate of pay (unless otherwise authorized by the
General Manager).
29.3.3. The Y-rate will remain in effect until the salary range for the new
classification equals or exceeds the employee's Y-rated salary.
Employees become eligible for merit increases and range adjustments
when the Y-rate is no longer in effect.
29.4. Reopener: OC San and SPMG agree to reopen this Agreement to meet and confer
regarding the comparison agencies used for any classification and compensation
studies.
ARTICLE 30. - DRIVER’S LICENSE
30.1. Employees who are required by OC San to drive must notify their supervisor and the
Risk Management Division immediately upon receipt of any status changes, including
but not limited to a suspension or revocation of their California Driver's License
privileges. Failure to do so could result in disciplinary action up to and including
separation.
30.2. If an employee whose license is suspended or revoked and is unable to perform
his/her regular duties and responsibilities notifies OC San 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 OC San's management discretion.
30.3. OC San will continue to pay the license renewals and physical examination costs of
Class A and B licenses that are specifically required by OC San.
ARTICLE 31. - LAYOFF PROCEDURE
31.1. If, in the sole discretion of OC San's management, personnel reductions are
necessary, layoff order and recall lists will be developed based upon job
classification, priority of function, job performance, individual qualifications and
seniority. The Group and employees subject to lay off will be provided with at least
two (2) weeks notification in writing whenever possible.
31.2. Employees in classifications subject to layoff may request a voluntary demotion to
any previously held position for which they remain qualified. Such request must be
made in writing to the Human Resources Department within five (5) days of receipt of
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the Layoff Notice. The salary of an employee who voluntarily demotes will be
unchanged, except that it may not exceed the top step of the range for the lower level
classification.
31.3. Recall lists will be developed for all classifications experiencing personnel reductions,
and will be maintained for a period of two (2) years from the date of layoff. Individuals
will be placed on the list in the inverse order of layoff, so that the last person laid off is
the first recalled. When a vacancy occurs in a classification for which a Recall list
exists, an offer of reemployment will be made to the individual on the top of the list.
That individual must respond to the offer within five (5) days, or the offer will be made
to the next person on the list. An individual who either does not respond or refuses
three (3) consecutive offers will have his/her name removed from the list.
31.4. All notification and responses must be in writing and delivered either in person or by
Certified Mail. It is the responsibility of all employees to keep the Human Resources
Department informed of their current address, or where they may be contacted.
ARTICLE 32. - LIGHT DUTY
32.1. An employee who is released by a physician to perform limited duties because of a
temporary disability may be assigned to light duty at the discretion of OC San. Light
duty may consist of duties other than those normally performed by the employee and
that are within the employee’s medical restrictions. An employee assigned to light
duty will be paid the regular wage rate for the job classification to which he or she
was assigned prior to being temporarily disabled.
ARTICLE 33. - MEDICAL EXAMINATION
33.1. When there is reasonable evidence to suggest that an employee is impaired in a
manner that endangers his/her own health or safety, or that of others, OC San 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 OC San time and at OC San expense. An employee
may submit an independent medical opinion regarding his/her condition and
addressing his/her ability to competently perform the duties of the position. This
information will be reviewed and considered by a competent medical authority in
arriving at a decision regarding the individual's continued employment in the position.
ARTICLE 34. - MILEAGE ALLOWANCE
34.1. Approved use of a personal vehicle for OC San business will be reimbursed at the
current IRS rate.
ARTICLE 35. - ACTING PAY
35.1. Employees who are assigned by OC San management to perform the duties of an
open, budgeted position at a higher level for a period of at least one hundred
(100eighty (80) consecutive hours will be eligible for a one (1) step salary increase,
or the first step of the range for the higher level classification, whichever is greater.
The higher rate of pay begins with the 8101st hour, and continues until the
assignment ends or the six (6) month limitation has been reached at which time a
determination will be made as to whether the position should or should not be
posted. Requests for acting pay require the approval of the Department Head and
the Human Resources Department. The one hundred (100eighty (80)-hour eligibility
period may be waived at the discretion of the General Manager. Time served in
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higher level assignments shall be credited as qualifying experience for promotional
purposes.
ARTICLE 36.
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ARTICLE 37. - PERSONNEL FILES
37.1. Employees have the right to inspect their Personnel File in the Human Resources
Department during the normal office hours of the Human Resources Department by
appointment. Employees who wish to correct allegedly erroneous information in their
file, or request that items related to disciplinary matters be removed after the
indicated time period has elapsed, should submit a request in writing to the Human
Resources Department. It is the responsibility of each employee to keep the personal
information in his/her files current, including home address, telephone number and
person to contact in an emergency.
ARTICLE 38. - BULLETIN BOARDS
38.1. The Group may use the bulletin boards located at Plant 1 and Plant 2 which are
designated for use by employee Groups to post notices to OC San employees
provided that: (a) no controversial matter which is critical or derogatory of OC San, its
employees, officers or Directors may be posted; (b) nothing posted by OC San may
be removed; (c) the Group will remove its notices after a reasonable length of time;
and (d) only a reasonable number of notices will be posted.
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1. A maximum of three (3) employees covered by this Agreement and appointed by the
Group will be granted reasonable release time for attending meet and confer
sessions at the bargaining table. Release time will not be compensated for any
hours that exceed the employee's regularly scheduled hours of work.
39.2. The Group will provide the Human Resources Department with the names of
employees requiring meet and confer release time in advance of the meet and confer
session. The release time will be granted provided that the needs of OC San permit
the time away from assigned work.
ARTICLE 40. - USE OF OC SAN FACILITIES
40.1. OC San facilities may be used by the Group with prior notice to the Human
Resources Department for the purpose of holding meetings, to the extent that such
use does not interfere with normal OC San operations. The Group agrees to pay for
the cost of any additional custodial or security services.
ARTICLE 41. - SCOPE OF BARGAINING
41.1. OC San and the Group acknowledge that during the negotiations which resulted in
this Agreement, each party had the unlimited right and opportunity to make demands
and proposals with respect to all proper subjects within the scope of representation.
Therefore, OC San and the Group, for the term of this Agreement, except as
otherwise provided herein, each voluntarily and unqualifiedly waive the right, and
each agrees that the other will not be obligated to bargain collectively with respect to
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any subject or matter contained in this Agreement.
ARTICLE 42. - IMPASSE PROCEDURES
42.1. If either OC San or Group declares that an impasse exists in the meet and confer
process, the party so declaring may initiate the impasse procedure by providing the
other party with a written request for an impasse meeting, together with a statement
of its position on all issues. An impasse meeting will be scheduled and held between
the parties within fourteen (14) calendar days or as soon as practicable to:
42.1.1. Review the position of the parties in a final effort to reach agreement on
a memorandum of understanding, and if the impasse is not resolved, to
discuss the immediate utilization of impasse procedures outlined herein.
42.2. Impasse Procedures are:
42.2.1. Mediation: If the parties mutually agree to submit the dispute to the State
Mediator and Conciliation Service all mediation proceedings will be
private and as soon as practicable. The mediator will make no public
recommendation, nor take any public position at any time concerning the
issues.
42.2.2. Fact-Finding: Whether the parties submit the dispute to mediation or not,
the Group may request that the parties’ differences be submitted to a
factfinding panel as soon as practicable. The cost of a fact finder and
other mutually incurred costs will be mutually shared by OC San and
Group.
42.2.3. Board Actions: If the parties fail to resolve the impasse, the dispute will
be sent to OC San Board of Directors for resolution. Each party will
submit its written proposal on all issues to the Board. The Board may
take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse will
be final and binding.
ARTICLE 43. - SEVERABILITY
43.1. Notwithstanding any other provisions in this Agreement, in the event that any article,
section or subsection of this Agreement will be declared invalid by any court or by
any state or federal law or regulation, or should a decision by any court or any state
or federal law or regulation diminish the benefits provided by this Agreement, or
impose additional obligations on OC San, OC San and the Group will meet and
confer on the affected article, section or subsection. In such event, all other articles,
sections or subsections of this Agreement not affected will continue in full force and
effect.
ARTICLE 44. - UNIFORMS
44.1. OC San will provide and maintain ten (10) uniform pants and shirts, which may
include the name of the employee and OC San seal, at no cost to employees whose
duties require that they wear uniforms. OC San will also provide lab coats as required
by the lab managermanagement.
44.2. All employees who are issued uniforms must wear them during the performance of
their regular duties. Other clothing appropriate to the occasion, as determined by OC
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San management, may be worn when attending business meetings. Failure to wear
required clothing, shoes and safety equipment may be cause for disciplinary action.
44.3. Employees working in divisions designated in SOP-102 Personal Protective
Equipment (PPE) as eligible to receive a safety boot allowance shall receive either an
annual or bi-annual voucher in the amount of $250 as applicable.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
45.1. OC San’s Substance Abuse Policy will apply to all Group members. OC San and the
Group agree to meet and confer for any proposed revisions to the policy. OC San
may adopt or implement rules, regulations and policies to be in compliance with
federal and state laws. In such cases, notification will be provided to the Group prior
to implementation.
45.2. Department of Transportation (DOT) Regulations
45.2.1. Every driver who operates a commercial motor vehicle in interstate or
intrastate commerce, and is subject to the commercial driver’s license
requirements of the Department of Transportation, Federal Highway
Administration CFR Part 382 is subject to OC San's Anti-Drug and
Alcohol Program. OC San will ensure that all alcohol or controlled
substances testing conducted under the Substance Abuse and Alcohol
Misuse Plan complies with the procedures set forth in CFR Part 40.
45.3. OC San’s Substance Abuse Policy:
45.3.1. Any employee may be subject to discipline, up to and including
termination, for any alcohol screen test that indicates an alcohol
concentration level of 0.02% or greater.
ARTICLE 46. – NEW EMPLOYEE ORIENTATION AND DUES
DEDUCTIONS
46.1. New Employee Orientation
46.1.1. The Group will be allowed up to one half-hour each orientation session to
communicate with Group-represented classifications to explain the rights
and benefits as set forth in this Agreement. Human Resources staff will
send to the Group representative, or designee, a notice of each new
employee orientation session. The notice will be provided at least 10
days prior to the session, or as soon as practicable, and will include
pertinent session details.
46.1.2. OC San will hold new employee orientation sessions on a regular basis
or at least on a quarterly basis, given there are new Group-represented
classifications. If there are no new hires in the Group-represented
classifications for a scheduled session, OC San will notify the Group as
soon as possible in advance of the session.
46.1.3. Human Resources staff will provide the Group with an electronic copy of
the name, home address, personal email address, and personal cell
phone number of all new Group-represented employees within 30 days
of hire.
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46.1.4. Human Resources staff will provide the Group with an electronic copy of
the name, home address, personal email address, and personal cell
phone number of all Group-represented employees at least every 120
days.
46.2. Dues Deductions
46.2.1. Remittance of the aggregate amount of all dues and other proper
deductions made from the salaries of employees covered hereunder
shall be made to AFSCME along with an electronic report detailing the
employee's name, employee number, bargaining unit, classification title,
work location, work phone, work e-mail, hire date, home address, home
phone, home e-mail, cell phone, , and deduction amount(s) and type(s).
46.2.2. The Group shall indemnify, defend and hold the OC San harmless
against any liability from any claims, demands, or other action related to
OC San’s deduction of Union Dues, including claims related to the
Union’s use of monies collected under these provisions.
ARTICLE 47. – MAINTENANCE OF MEMBERSHIP
47.1. All employees who are members of the Group, or who become members of the
Group, shall remain members of the Group, except that any employee may withdraw
his/her membership by written notice to the Group and OC San during the ten day
period between ninety (90) and one hundred (100) days preceding the expiration of
this agreement.
ARTICLE 48. – PEACEFUL RESOLUTION OF DISPUTES
48.1. During the term of this Memorandum, or any subsequent period when impasse
resolution procedures are in progress or recommendations resulting from such
procedures are being considered by the parties, OC San agrees it will not lockout
employees in this Group, and Group agrees that it will neither advocate, encourage
or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whole or in part from the full, faithful and proper
performance of their duties of employment.
ARTICLE 49.
(This article intentionally left blank)
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1. OC San’s Workplace Violence and Weapons Policy will applyand Workplace
Violence Prevention & Security SOP applies to all Group members. OC San and the
Group agree to meet and confer for any proposed revisions to the policy.
ARTICLE 51. - RESIGNATION
51.1 Employees resigning from OC San are expected to give a minimum of two (2) weeks
advanced written notice prior to leaving. OC San may accept in writing any verbal or
written resignation at any time and deem such resignation irrevocable. Voluntary written
resignation of employment with OC San is automatically deemed irrevocable after
seventy-two (72) hours from OC San’s receipt of the resignation except by approval of
the Human Resources Department.
Professional Group MOU Page 33 of 356
8971409.1 OR040-031 8971409.112829516.10 OR040-031 048
ARTICLE 52.
(This article intentionally left blank)
Professional Group MOU Page 34 of 356
8971409.1 OR040-031 8971409.112829516.10 OR040-031 048
SIGNATURE PAGE
2022 – 2025 – 2028
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES OF THE PROFESSIONAL GROUP
Executed: ________________________________
PROFESSIONAL GROUP ORANGE COUNTY SANITATION DISTRICT
Russell Maitland, Business Representative,
AFSCME Council 36 (Affiliate of SPMG)
Laura Drottz Kalty, Lead Negotiator
Larry Roberson, Senior Contracts Administrator Celia ChandlerLaura Maravilla, Director of
Human Resources
Marc Brown, Principal StaffIT Analyst Laura MaravillaThys DeVries, Human
Resources & Risk Manager
Angela Brandt, AccountingBen Bewley,
Maintenance Supervisor
Andrew Nau, Human Resources Supervisor
Nick OswaldMike Oberly, Maintenance
SupervisorSpecialist
Janine Aguilar, Human Resources Supervisor
Dickie Fernandez, Senior Engineer
Thys DeVriesStephanie Barron, Principal
Human Resources Analyst
Stephanie Barron, Senior Human Resources
Analyst
Brian Finkelstein, Senior Engineer
Professional Group MOU Page 35 of 356
8971409.1 OR040-031 8971409.112829516.10 OR040-031 048
APPENDIX A
Medical Insurance Plan Design Components1,2
CURRENT STATE
Plan Design Component PPO High Deductible Health Plan
In-Network Non-Network In-Network Non-Network
Deductible $150 / $450 $1,400 / $2,800 650 / $3,300
Annual Out-of-
Pocket Max/Member $2,000 $3,000 $2,500 3,400 $5,000
Annual Out-of-
Pocket Max/Family $4,000 $6,000 $5,000 $10,000
Major Medical
Physician Office Visit $15/Visit 30% 10% 30%
Specialist Office Visit $15/Visit 30% 10% 30%
Preventive Care No Charge 30% No Charge Not Covered
Inpatient Hospitalization 10% 30% + $500 10% 30% (up to $600/day,
non-emergency)
Outpatient
Hospitalization/Surgery 10% 30% 10% 30% (up to
$350/admit)
Emergency Room $100 / Visit + 10%
(copay waived if admitted)
$100 / Visit + 10%
(copay waived if admitted)
Infertility Benefits Not Covered Not Covered
Urgent Care $15/Visit 30% 10% 30%
Chiropractic $15 / Visit
(30 visits/year)
30%
(30 visits/year)
10% / Visit
(30 visits/year)
30% / Visit
(30 visits/year)
Opt-Out from Plan Yes Yes Yes
Prescription Drugs Generic / Brand /
Non-Preferred Brand
Generic / Brand/
Non-Preferred Brand
Generic / Brand /
Non-Preferred Brand
Retail $5 / $20 / $35
(30-day supply)
50% of the
prescription
drug maximum
allowed
amount & costs
in excess up to
$250 per
prescription
$10 / $25 / $40 after
deductible
(30-day supply)
$10 plus 25% / $25
plus 25% / $40 plus
25% (30-day supply)
Mail Order $5 / $40 / $70
(90-day supply)
Not Covered
$20 / $50 / $80 after
deductible
(90-day supply)
Not Covered
Professional Group MOU Page 36 of 356
8971409.1 OR040-031 8971409.112829516.10 OR040-031 048
1 Plan Design Components will include any applicable mandated legislative changes. 2 This is not a complete description of all benefit provisions. The information contained in Summary Plan Descriptions (SPDs) and
Evidence of Coverage (EOC) booklets prevails.
Medical Insurance Plan Design Components1,2
CURRENT STATE
Plan Design Component Anthem HMO Kaiser HMO Kaiser Bronze
Deductible None None $5,000 Individual
$10,000 Family
Annual Out-of-
Pocket Max/Member $1,500 $1,500 $6,250
Annual Out-of-
Pocket Max/Family $3,000 $3,000 $12,500
Major Medical
Physician Office Visit $15 / Visit $15/ Visit $60/ Visit
Specialist Office Visit $15 / Visit $15/ Visit $70/ Visit
Preventive Care No Charge No Charge No Charge
Inpatient Hospitalization $100 Admit $100 Admit 30%
Outpatient
Hospitalization/Surgery $50 Admit $15 Co-pay
(per procedure) 30%
Emergency Room $100 / Visit
(waived if admitted)
$100 / Visit
(waived if admitted)
$300 / Visit
(waived if admitted)
Infertility Benefits Status Quo Status Quo Not Covered
Urgent Care $15 / Visit $15 / Visit $60 / Visit
Chiropractic $15 / Visit
(60 visits/year) *
$10 / Visit
(30 visits/year) Not Covered
Opt-Out from Plan Yes Yes Yes
Prescription Drugs Generic / Brand/ Non-
Preferred Brand Generic / Brand Generic / Brand
Retail $5 / $20 / $35
(30-day supply)
$5 / $20
(30-day supply)
$15 / $50 medical
deductible applies
(30-day supply)
Mail Order $5 / $40 / $70
(90-day supply)
$5 / $20
(100-day supply)
$30 / $100 medical
deductible applies
(100-day supply)
1 Plan Design Components will include any applicable mandated legislative changes.
2 This is not a complete description of all benefit provisions. The information contained in Summary Plan Descriptions (SPDs)
and Evidence of Coverage (EOC) booklets prevails.
* For chiropractic services through the American Specialty Health (ASH) Network, the copay is $10 with a maximum of 30 visits
in a calendar year for covered services.
Professional Group MOU Page 37 of 356
8971409.1 OR040-031 8971409.112829516.10 OR040-031 048
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4385 Agenda Date:7/23/2025 Agenda Item No:5.
FROM:Rob Thompson, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
ACQUISITION OF RIGHTS-OF-WAY AND EASEMENTS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No.OC SAN 25-09 entitled,“A Resolution of the Board of Directors of Orange
County Sanitation District Authorizing the General Manager to Acquire Project-Related Permanent
Easements,Rights-of-Way,and Other Interests in Real Property of $150,000 or Less and to Acquire
Temporary Construction Easements of Less than Five Years for Projects Approved by the Board of
Directors; and Repealing Resolution No. OCSD 98-44.”
BACKGROUND
The Orange County Sanitation District (“OC San”)may acquire any interest in real property
necessary or convenient for the construction,maintenance,and operation of a sewerage system as a
sanitation district pursuant to the California Health and Safety Code section 4740.Additionally,
Government Code Section 27281 permits public agencies,by resolution,to authorize one or more
officers or agents to accept and consent to deeds or grants of interests in real property or easements
on its behalf.
Resolution No.OCSD 98-44 was adopted on August 26,1998,updating authority provided to the
General Manager to acquire right-of-way and easements.Ordinance No.OC SAN-61 passed and
adopted by the Board on July 26,2023,authorized the General Manager (“GM”)to approve and
execute non-real estate contracts and applicable renewals for budgeted procurements that cost One
Hundred Fifty Thousand Dollars ($150,000) or less (“Contract Threshold”).
Since 1998,OC San has undergone organizational changes as well as operational changes that
make the current Resolution outdated.Staff proposes to update the Resolution to reflect these
organizational changes,project costs,and the delegation of authority changes with respect to the
acquisition of easements,right-of-way,and other real property interests,especially where temporary
construction easements are concerned,for project development.Specifically,staff finds that it is in
the best interest of OC San to increase the authority of the GM to acquire permanent easements,
right-of-way,and other real estate interests costing One Hundred Fifty Thousand Dollars ($150,000)
or less,consistent with the Contract Threshold for non-real estate contracts.Staff proposes to
delegate the General Manager authority to acquire temporary construction easements of any value
Orange County Sanitation District Printed on 7/16/2025Page 1 of 3
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File #:2025-4385 Agenda Date:7/23/2025 Agenda Item No:5.
delegate the General Manager authority to acquire temporary construction easements of any value
with terms of five (5) years or less in connection with Board-approved projects.
RELEVANT STANDARDS
·Comply with Resolution No. OCSD 98-44
·Comply with Ordinance No. OC SAN-61 (Purchasing Ordinance)
·Comply with California Health and Safety Code Section 4740
·Comply with Government Code Section 27281
PROBLEM
Resolution No.OCSD 98-44 limits the GM’s authority to purchase rights-of-way and easements to
$100,000,which no longer reflects current project costs or operational realities.Additionally,
Resolution No.OCSD 98-44 subjects OC San’s acquisition of temporary construction easements to
the same constraints.These constraints can delay projects causing inefficiencies when timely
acceptance of easements is needed to support construction schedules and continuity of OC San
operations.
As an example,for each easement exceeding the GM’s purchasing limit,staff must prepare a staff
report and other exhibits for placement on an upcoming Board agenda.Depending on the Board
meeting schedule,it can take up to three weeks (if not more)when a staff report and Board
authorization are required.Increasing the purchase limits and authorizing acquisition of temporary
easements and interests in real estate will place OC San in a much-improved position to ensure
operational continuity.
PROPOSED SOLUTION
Adopt the attached Resolution which authorizes the GM to (1)acquire easements,right-of-way,and
other interests in real property for One Hundred Fifty Thousand ($150,000)Dollars or less where
necessary for projects approved by the Board of Directors,where related to the construction,
installation,operation,maintenance,repair,or replacement of OC San facilities or infrastructure,
without prior submittal of such acquisitions to the Board of Directors for approval,and (2)acquire OC
San temporary construction easements that are (a)necessary for the construction of projects
approved by the Board of Directors for the construction,installation,operation,maintenance,repair,
or replacement of OC San facilities or infrastructure and (b) have a term not exceeding five (5) years.
Delegating this authority to the General Manager conforms real estate acquisition limits to OC San’s
other contract limits and significantly enhances the agency’s ability to advance projects requiring
temporary construction easements.To promote transparency and accountability,the Resolution also
requires the GM to provide quarterly reports to the Board identifying all acquired easements,rights-of
-way, or other real estate interests and their material terms.
TIMING CONCERNS
Major 2025-26 projects will require 2-3 additional months to bring into effect if Board approval of each
temporary construction easement is required.
Orange County Sanitation District Printed on 7/16/2025Page 2 of 3
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File #:2025-4385 Agenda Date:7/23/2025 Agenda Item No:5.
RAMIFICATIONS OF NOT TAKING ACTION
Without an updated resolution,the GM lacks clearly defined preauthorization to acquire temporary
easements or other real property interests on behalf of OC San without Board of Director approval.
Requiring the GM to seek Board approval for such offers delays time-sensitive project activities,
complicates project delivery,and has the potential to interfere with the continuity of OC San
operations.Updating the delegation to authorize purchases up to $150,000 for Board-approved
projects will further streamline property acquisition processes and reduce administrative obstacles
that could otherwise hinder project schedules.
PRIOR COMMITTEE/BOARD ACTIONS
August 1998 -Adopted Resolution No.OCSD 98-44 Authorizing the District’s General Manager to
purchase Rights-Of-Way and Easements Costing $100,000.00 or Less for Projects Approved by the
Board of Directors
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) FINDINGS
This Resolution is not subject to CEQA pursuant to Sections 15060(c)(2)(the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment)and 15060(c)(3)(the
activity is not a project as defined in Section 15378)of the CEQA Guidelines (Chapter 3 to Title 14 of
the California Code of Regulations)because it has no potential for resulting in physical change to the
environment, directly or indirectly.
FINANCIAL CONSIDERATIONS
There is no direct fiscal impact by amending the authority levels of OC San’s Purchasing Ordinance
as it pertains to Easements.Amending the GM’s authority is intended to make the acquisition and
purchasing protocols more streamlined and efficient,thereby saving administrative staff time.
Delaying projects pending the acquisition of temporary construction easements almost inevitably
leads to an escalation in contract pricing.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 25-09
Orange County Sanitation District Printed on 7/16/2025Page 3 of 3
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OC SAN 25-09-1
RESOLUTION NO. OC SAN 25-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
AUTHORIZING THE GENERAL MANAGER TO ACQUIRE
PROJECT-RELATED PERMANENT EASEMENTS, RIGHT-
OF-WAY, AND OTHER INTERESTS IN REAL PROPERTY
FOR $150,000 OR LESS AND TO ACQUIRE TEMPORARY
CONSTRUCTION EASEMENTS OF LESS THAN FIVE YEARS
FOR PROJECTS APPROVED BY THE BOARD OF
DIRECTORS, AND REPEALING RESOLUTION NO. OCSD
98-44
WHEREAS, the Orange County Sanitation District (“OC San”) is a governmental
agency formally organized under the laws of the State of California (Government Code
§§ 6500 et seq.);
WHEREAS, OC San may acquire any interest in real property necessary or
convenient for the construction, maintenance, and operation of a sewerage system as a
sanitation district pursuant to the California Health and Safety Code section 4740;
WHEREAS, California Government Code section 27281 provides that a
governmental agency may, by resolution, authorize one or more of its officers or agents
to acquire, accept, and consent to deeds or grants conveying an interest in or easement
upon real estate for public purposes;
WHEREAS, OC San has heretofore authorized the General Manager to
purchase, without approval by the Board, supplies, services and equipment to carry out
Board policy;
WHEREAS, Resolution No. OCSD 98-44 passed and adopted by the Board on
August 26, 1998, specifically authorized the General Manager (or his designee) to
purchase easements that cost One Hundred Thousand Dollars ($100,000) or less which
are necessary for projects approved by the Board without prior submittal of such
purchases to the Board for approval;
WHEREAS, Ordinance No. OC-SAN-61 passed and adopted by the Board on July
26, 2023, authorized the General Manager to approve and execute non-real estate
contracts and applicable renewals for budgeted procurements for One Hundred Fifty
Thousand Dollars ($150,000) or less (“Contract Threshold”);
WHEREAS, it is frequently necessary to acquire rights-of-way and easements to
facilitate construction projects which have been approved by the Board of Directors,
sometimes with very little time to avoid project delays;
OC SAN 25-09-2
WHEREAS, requiring formal action from OC San’s Board of Directors for each
conveyance for project construction can result in administrative delays and inefficiencies
that impede timely project delivery;
WHEREAS, the Board of Directors finds that the acquisition of permanent
easements, right-of-way, and other real estate interests costing One Hundred Fifty
Thousand Dollars ($150,000.00) or less should be left to the discretion of the General
Manager for the timely completion of OC San projects;
WHEREAS, the Board of Directors finds that the acquisition of temporary
construction easements of any value with a term of five (5) years or less should be left to
the discretion of the General Manager;
WHEREAS, the Board of Directors has reviewed this Resolution and now desires
to (i) authorize the General Manager to consent to the acquisition of permanent
easements, right-of-way, and other real property interests costing One Hundred Fifty
Thousand Dollars ($150,000) or less, consistent with the Contract Threshold, and (ii) to
authorize the General Manager to acquire temporary construction easements of any
value with a term of five (5) years or less, in order to facilitate efficient construction
activities for projects approved by the Board of Directors.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ORANGE COUNTY
SANITATION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are hereby
incorporated as findings.
Section 2. Authorization to Acquire Easements and Right-of-Way. That the
General Manager, or the General Manager’s designee, is hereby authorized to acquire
easements, right-of-way, and other interests in real property that cost One Hundred
Fifty Thousand ($150,000.00) Dollars or less, necessary for projects approved by the
Board of Directors related to the construction, installation, operation, maintenance,
repair, or replacement of OC San facilities or infrastructure, without prior submittal of
such purchases to the Board of Directors for approval. All such acquisitions shall be
executed in a form approved by General Counsel.
Section 3. Authorization to Acquire Temporary Construction Easements.
That the General Manager, or the General Manager’s designee, is hereby authorized
to acquire deeds or grants conveying to OC San temporary construction easements
that are (i) necessary for the construction of projects approved by the Board of
Directors for the construction, installation, operation, maintenance, repair, or
replacement of OC San facilities or infrastructure and (ii) have a term not exceeding
five (5) years. Such acquisitions may be made without prior submittal to the Board of
Directors for approval. This delegation further authorizes the General Manager, or their
designee, to take any actions reasonably necessary, including execution of any related
OC SAN 25-09-3
documentation, to facilitate recordation consistent with Government Code section
27281. All such documentation shall be executed in a form approved by General
Counsel.
Section 4. Reporting of Easements. The General Manager shall report to the
Board of Directors all right-of-way, easements, and other interests purchased or
accepted pursuant to this delegation of authority no less than on a quarterly basis. This
report shall include the location, purpose, and relevant terms of the purchase or
acceptance.
Section 5. Severability. If any section, subsection, sentence, clause, or
phrase in this Resolution is for any reason held invalid, the validity of the remainder of
this Resolution shall not be affected thereby. The Board of Directors hereby declares
that it would have approved this Resolution, irrespective of the fact that one or more
sections, subsections, sentences, clauses, or phrases, or the application thereof, are
held invalid.
Section 6. Effective Date. This Resolution shall take effect immediately upon
its adoption.
Section 7. California Environmental Quality Act (“CEQA”). The Board finds
that this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of
Regulations) because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Section 8. Conflicting Resolutions. This Resolution shall supersede and
rescind any prior resolutions or portions thereof only to the extent they conflict with or
are contrary with the provisions set forth herein. To this end, Resolution No. OCSD 98-
44 is hereby repealed.
OC SAN 25-09-4
PASSED AND ADOPTED at a Regular meeting of the Board of Directors held
July 23, 2025.
______________________________
Ryan P. Gallagher
Board Chairman
ATTEST:
______________________________
Kelly A. Lore, MMC
Clerk of the Board
APPROVED AS TO FORM:
______________________________
Scott C. Smith
General Counsel
OC SAN 25-09-5
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 25-09 was passed
and adopted at a regular meeting of said Board on the 23rd day of July 2025, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 23rd day of July 2025.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4375 Agenda Date:7/23/2025 Agenda Item No:CS-1
FROM:Robert Thompson, General Manager
SUBJECT:
CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Designated Representatives:General Manager Robert Thompson,Assistant General Manager
Lorenzo Tyner, and Director of Human Resources Laura Maravilla.
Unrepresented Employees:
Confidential Group, Manager Group, and Executive Managers Group.
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board,the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential
litigation;(c)employment actions or negotiations with employee representatives;or which are exempt
from public disclosure under the California Public Records Act,may be reviewed by the Board during
a permitted closed session and are not available for public inspection.At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 7/15/2025Page 1 of 1
powered by Legistar™
Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee
From: General Counsel
Date: July 23, 2025
Re: Closed Session Items
The Steering Committee will hold a closed session on July 23, 2025, for the purpose of holding a conference with its labor negotiators regarding employee compensation, terms of employment, and benefits. The closed session will be held pursuant to the authority of California Government
Code section 54957.6. Respectfully submitted,
SCOTT C. SMITH
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4384 Agenda Date:7/23/2025 Agenda Item No:CS-2
FROM:Laura Maravilla, Director of Human Resources
SUBJECT:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(B)(1)
RECOMMENDATION: Convene in Closed Session:
Public Employee Performance Evaluation
Number of Employees: 1
·General Manager
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board,the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential
litigation;(c)employment actions or negotiations with employee representatives;or which are exempt
from public disclosure under the California Public Records Act,may be reviewed by the Board during
a permitted closed session and are not available for public inspection.At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 7/15/2025Page 1 of 1
powered by Legistar™
Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee
From: General Counsel
Date: July 23, 2025
Re: Closed Session Items
The Steering Committee will hold a closed session on July 23, 2025, for the purpose of considering the performance evaluation of the General Manager of the Orange County Sanitation District. The closed session will be held pursuant to the authority of California Government Code section
54957(b)(1). Respectfully submitted,
SCOTT C. SMITH
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4412 Agenda Date:7/23/2025 Agenda Item No:CS-3
FROM:Ryan P. Gallagher, Board Chairman
SUBJECT:
CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Designated Representatives:Board Chairman Ryan Gallagher and Board Vice-Chairman Jon
Dumitru
Unrepresented Employee: General Manager
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board,the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential
litigation;(c)employment actions or negotiations with employee representatives;or which are exempt
from public disclosure under the California Public Records Act,may be reviewed by the Board during
a permitted closed session and are not available for public inspection.At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 7/16/2025Page 1 of 1
powered by Legistar™
Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee
From: General Counsel
Date: July 23, 2025
Re: Closed Session Items
The Steering Committee will hold a closed session on July 23, 2025, for the purpose of holding a conference with its labor negotiators regarding employee compensation, terms of employment, and benefits for the Orange County Sanitation District’s General Manager. The closed session
will be held pursuant to the authority of California Government Code section 54957.6. Respectfully submitted,
SCOTT C. SMITH
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4383 Agenda Date:7/23/2025 Agenda Item No:CS-4
FROM:Robert Thompson, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 3
A. Michael Oberly v. Orange County Sanitation District, Orange County Superior Court and Does
1-25, Orange County Superior Court Case No. 30-2025-01489491-CU-OE-CJC.
B. Julie Ha v. Orange County Sanitation District, Orange County Superior Court Case No. 30-
2025-01484899-CU-WT-CJC.
C. Joe Lara v. Orange County Sanitation District, Orange County Superior Court Case No. 30-
2025-01451615-CU-OE-CJC.
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board,the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential
litigation;(c)employment actions or negotiations with employee representatives;or which are exempt
from public disclosure under the California Public Records Act,may be reviewed by the Board during
a permitted closed session and are not available for public inspection.At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 7/15/2025Page 1 of 1
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Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee
From: General Counsel
Date: July 23, 2025
Re: Closed Session Items
The Steering Committee will hold a closed session on July 23, 2025, for the purpose of conferring with its legal counsel regarding existing litigation to which the Orange County Sanitation District is a party. The titles of the three cases to be discussed are:
1. Michael Oberly v. Orange County Sanitation District and Does 1-25, Orange County Superior Court Case No. 30-2025-01489491-CU-OE-CJC; 2. Julie Ha v. Orange County Sanitation District, Orange County Superior Court Case
No. 30-2025-01484899-CU-WT-CJC; and 3. Joe Lara v. Orange County Sanitation District, Orange County Superior Court Case No. 30-2025-01451615-CU-OE-CJC.
The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1).
Respectfully submitted, SCOTT C. SMITH
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LOS Level Of Service RFP Request For Proposal
APWA American Public Works
Association MGD Million Gallons Per Day RWQCB Regional Water Quality
Control Board
AQMD Air Quality Management
District MOU Memorandum of
Understanding SARFPA Santa Ana River Flood
Protection Agency
ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor
BOD Biochemical Oxygen Demand NEPA National Environmental Policy
Act SARWQCB Santa Ana Regional Water
Quality Control Board
CARB California Air Resources
Board NGOs Non-Governmental
Organizations SAWPA Santa Ana Watershed
Project Authority
CASA California Association of
Sanitation Agencies NPDES National Pollutant Discharge
Elimination System SCADA Supervisory Control And
Data Acquisition
CCTV Closed Circuit Television NWRI National Water Research
Institute SCAP
Southern California
Alliance of Publicly Owned Treatment Works
CEQA California Environmental
Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality
Management District
CIP Capital Improvement
Program OCCOG Orange County Council of
Governments SOCWA South Orange County
Wastewater Authority
CRWQCB California Regional Water
Quality Control Board OCHCA Orange County Health Care
Agency SRF Clean Water State
Revolving Fund
CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan
CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources
Control Board
EMT Executive Management Team OSHA Occupational Safety and
Health Administration TDS Total Dissolved Solids
EPA US Environmental Protection Agency PCSA
Professional
Consultant/Construction
Services Agreement
TMDL Total Maximum Daily Load
FOG Fats, Oils, and Grease PDSA Professional Design Services
Agreement TSS Total Suspended Solids
gpd gallons per day PFAS
Per- and Polyfluoroalkyl
Substances WDR Waste Discharge
Requirements
GWRS Groundwater Replenishment
System PFOA Perfluorooctanoic Acid WEF Water Environment
Federation
ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation
IERP Integrated Emergency
Response Plan POTW Publicly Owned Treatment
Works WIFIA Water Infrastructure
Finance and Innovation Act
JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the
Nation Act
LAFCO Local Agency Formation
Commission PSA Professional Services
Agreement WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater.
BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone.
BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water.
BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for
commercial and home gardens to improve and maintain fertile soil and stimulate plant growth.
CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities.
COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater.
COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water.
CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants.
DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample.
GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”).
GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS
process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance.
PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects.
PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon).
PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents.
PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility.
PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment.
SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and
regulations designed to achieve public health standards by reducing emissions from business and industry.
SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
SLUDGE – Untreated solid material created by the treatment of wastewater.
TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater.
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them.
URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans.
WASTEWATER – Any water that enters the sanitary sewer.
WATERSHED – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.