HomeMy WebLinkAbout2009-10-21 - Resolution No. 09-19
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RESOLUTION NO. 09-19
' RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING THE MEMORANDUM OF UNDERSTANDING AND
PAY PLAN BETWEEN THE DISTRICT AND THE
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
WHEREAS, District Personnel Rule 12 provides for the recognition of employee
organizations in order to promote communication between the District, its
employees and recognized employee organizations; and
WHEREAS, District employees have elected to be represented by the Yorba Linda
Water District Employees Association; and
WHEREAS, the District has recognized the Yorba Linda Water District Employees
Association as the recognized employee organization; and
WHEREAS, an agreement between the District and the Yorba Linda Water District
Employees Association exists and the details are set forth in the 2009-
2010 Memorandum of Understanding between the District and the Yorba
Linda Water District Employees Association.
' NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. The General Manager is authorized to execute the Memorandum of
Understanding between the Yorba Linda Water District and the Yorba
Linda Water District Employees Association for fiscal year 2009-2010 as
attached hereto and by this reference incorporated herein including its
attachments Exhibits "A" through "D"
Section 2. That Resolution 06-07 is hereby rescinded.
PASSED AND ADOPTED this 218t day of October 2009, by the following called vote:
AYES; Directors Beverage, Collett, Mills and Armstrong
NOES. None
ABSTAIN: None
ABSENT Director Armstrong
' John W. Summ , President
Yorba Linda Water District
Resolution No. 09-19 Adopting the MOU and Pay Plan Between the District and the YLWD Employees Association 1
ATTEST.
Ken Vecchiarelli, Secretary
Yorba Linda Water District
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Reviewed as to form by Special Employment Relations General Counsel:
Richard M. Kreisler, Esq.
Liebert Cassidy Whitmore
Resolution No. 09-19 Adopting the MOU and Pay Plan Between the District and the YLWD Employees Association 2
TABLE OF CONTENTS
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ARTICLE 1. RECOGNITION ............................................................................ 1
ARTICLE 2. SALARY SCHEDULE................................................................... 1
Section 2.1 Salary Schedules.......................................................................... 1
Section 2.2 Position Reclassification. .............................................................. 1
Section 2.3 Employee PERS Contribution Rate. ............................................. 2
Section 2.4 Merit Increases. ............................................................................ 2
Section 2.5 Acting Appointments..................................................................... 3
Section 2.6 Salary Deduction. ......................................................................... 4
Section2.7 Probation. ..................................................................................... 4
ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF ......................... 5
Section3.1 Overtime. ...................................................................................... 5
Section 3.2 Compensatory Time. .................................................................... 5
ARTICLE 4. STANDBY AND CALL OUT COMPENSATION............................ 6
Section 4.1 Standby Compensation. ............................................................... 6
Section 4.2 Call-Out Compensation. ............................................................... 6
ARTICLE 5. INSURANCE ................................................................................ 8
Section 5.1 Life Insurance. .............................................................................. 8
Section 5.2 Health and Accident Insurance..................................................... 8
Section 5.3 Dental Insurance........................................................................... 9
Section 5.4 Vision Coverage. .......................................................................... 9
Section 5.5 Domestic Partners. ....................................................................... 9
Section 5.6 Retiree Insurance Benefits. ........................................................ 10
Section 5.7 Cafeteria Plan............................................................................. 11
Section 5.8 Long-Term Disability................................... ............. 11
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ARTICLE 6. HOURS....................................................................................... 11
ARTICLE 7. HOLIDAYS ................................................................................. 12
ARTICLE 8. VACATION ................................................................................. 14
ARTICLE 9. LEAVES...................................................................................... 16
Section 9.1 Sick Leave. ................................................................................. 16
Section 9.2 Disability Leave........................................................................... 18
Section 9.3 Leave of Absence Without Pay................................................... 18
Section 9.4 Maternity Leave. ......................................................................... 19
Section 9.5 Jury Duty/Court Testimony. ........................................................ 20
Section 9.6 Bereavement Leave.................................................................... 20
Section 9.7 Emergency Leave Policy. ........................................................... 21
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ARTICLE 10. GRIEVANCE PROCEDURE......................................................
21
Section10.1 Purpose. ..................................................................................... 21
Section 10.2 Matters Subject to the Grievance Procedure. ............................. 21
Section 10.3 Informal Grievance Adjustment. ................................................. 21
Section 10.4 Formal Grievance Procedure...................................................... 22
Section 10.5 General Conditions. .................................................................... 23
ARTICLE 11. EMPLOYEE DISCIPLINE ........................................................... 24
Section 11.1 Forms of Discipline. .................................................................... 24
Section11.2 Procedure. .................................................................................. 24
Section 11.3 Appeal of Disciplinary Action. ..................................................... 25
ARTICLE12. JOB POSTING............................................................................ 27
ARTICLE 13. MISCELLANEOUS BENEFITS................................................... 27
Section 13.1 Safety Boot Allowance................................................................ 27
Section 13.2 Reimbursement for Certificates. ................................................. 28
Section 13.3 Education Reimbursement. ........................................................ 28
Section13.4 Uniforms. .................................................................................... 29
Section 13.5 Job Description........................................................................... 29
ARTICLE14. DRUG POLICY........................................................................... 29
ARTICLE 15. COMPLETION OF MEET AND CONFER .................................. 30
ARTICLE16. REOPENER ............................................................................... 30
ARTICLE 17. CONCERTED ACTIVITES ......................................................... 30
ARTICLE 18. TERM OF AGREEMENT............................................................ 31
ARTICLE 19. DISTRICT GOVERNING BOARD APPROVAL .......................... 31
YLWD EMPLOYESS ASSOCIATION MOU 2006/2009
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MEMORANDUM OF UNDERSTANDING
2009-2010
BY AND BETWEEN THE YORBA LINDA WATER DISTRICT
AND
THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
ARTICLE 1 RECOGNITION
Pursuant to the provisions of the Government Code and the Rules and
Regulations of the District, Yorba Linda Water District (hereinafter called the "District")
has recognized the Yorba Linda Water District Employees Association, (hereinafter
called the "Association") as the recognized representative of a bargaining unit consisting
of the classifications listed in Exhibit "B" (hereinafter sometimes called "unit employees,"
"employees," "members" or "unit members") to this Memorandum of Understanding
(hereinafter "MOU").
ARTICLE 2. SALARY SCHEDULE
Section 2.1 Salary Schedules
(a) For those employees who are employed as of the date of
ratification of this MOU, the salary schedule attached hereto as Exhibit "A" will remain in
effect beginning July 1, 2009 through June 30, 2010. The salary schedule reflects that
no base salary increase is provided.
Section 2.2 Position Reclassification
The following positions will be reclassified if and when a water rate increase is
adopted by the Board on or after September 14, 2009
(a) Mechanic I to Mechanic II
(b) Operations Secretary to Operations Assistant
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Section 2.3 Employee PERS Contribution Rate
During the remaining term of this MOU, the District shall pay the entire 7% of the
employee's contribution rate with payments to be credited to the employee's individual
account with PERS. The District's current contract as of the date of ratification with
CalPERS is for a retirement benefit based on the single highest year with a Fourth Level
of 1959 Survivor Benefit Program.
Section 2.4 Merit Increases
Merit Increases
Unit employees may be considered for merit salary increases. These merit
increases to steps within an established salary range shall not be automatic but may be
granted only for continued or sustained improvement by the unit employees in the
effective performance of the duties of his/her position as determined within the District's
sole discretion.
Effective October 1, 2006, the District implemented a nine (9) step salary
schedule with a 2.5% salary difference between steps replacing the District's previous
five (5) step salary schedule.
Subsequent movement on the salary schedule is based on merit as follows:
Evaluation Process
Each employee will be annually reviewed on a one-year interval following
completion of their probationary period. An employee who receives a meets lob
expectations evaluation shall be entitled to move one (1) step and an employee who
receives an exceeds iob expectations evaluation, shall move up two (2) steps.
Movement shall take place until an employee has reached Step 9 The District shall
endeavor to have performance reviews completed within two (2) weeks after the
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employee's anniversary date with the effective date of any merit salary increase being
on the anniversary date. If the evaluation is delayed beyond the two (2) week period,
any subsequent salary increase to which the employee is entitled as a result of the
performance review rating, shall be retroactive to the anniversary date.
Effective December 1, 2006 or soon thereafter as possible, the District will
implement a new performance evaluation form. Bargaining unit employee
representatives will be invited to participate in any training given to management and
supervisory employees in the use of the form. (Until implementation of the new form,
the existing performance evaluation form will remain in effect with the understanding
that bargaining unit members may be given written goals that will be added to the new
performance evaluation which will be used in evaluating future performance.)
Section 2.5 Acting Appointments
The Personnel Officer may appoint an employee to serve in a position on a
temporary "acting aPPointment basis. Although the District shall give reasonable
consideration to an employees expression of unwillingness to serve in an acting
appointment, such expression shall not be controlling, and the District shall be
empowered to make the acting appointment regardless of such expression by the
employee. The District decision to appoint an employee to an acting position shall not
be subject to administrative or civil challenge. After serving in an acting position for 30
consecutive work days, the employee shall be paid prospectively on the 315` work day at
the lowest step in the salary range of the acting position which provides an increase
closest to but not less than 5% over the step held by the employee in his/her
classification. Eligibility for this "acting" compensation is contingent on the responsible
supervisor determining that the employee has satisfactorily served the necessary
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consecutive work days in the acting position. For example, if an employee serves in an
acting position for 29 consecutive work days, is removed, and reappointed 10 work days
later for a period of 29 consecutive days, no acting compensation shall be paid. If an
employee works for 45 consecutive work days in an acting position, is then removed
from the acting position and reappointed 10 working days later for 20 work days, no
acting pay is earned during the 20 work day period. The employee shall return to
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his/her original position and salary step at the discretion of the Personnel Officer The
term of an "acting appointment" shall last not longer than one (1) year (365 consecutive
calendar days.)
Section 2.6 Salary Deduction
The District shall maintain a "414(h)(2)" plan under the Internal Revenue Code
for the purpose of treating contributions to PERS as deferred income for tax purposes to
the extent permitted by law Contributions will continue to be deducted from the
employee's actual gross salary as reflected on the employee's pay stub. Employees
shall otherwise be responsible for all taxes related to fringe and reimbursement benefits
and the District shall make deductions in accordance with the law
Section 2.7 Probation
Effective October 1, 2006, all new hires shall be subject to a twelve (12) month
probationary period. An existing employee who is promoted to a new position shall be
required to serve a six (6) month promotional probationary period in the promotional
position.
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ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF
Section 3 1 Overtime
A unit employee covered by this Memorandum of Understanding who performs
authorized work in excess of an eight (8) hour work day, (or in excess of 9 hours for
those employees who work a nine-eighty (9/80) schedule,) or a forty (40) hour work
week, shall be compensated for such overtime work at the rate of one and one-half
times his/her regular hourly rate of pay Overtime shall be calculated to the nearest
one-quarter hour of overtime worked. In order to receive overtime compensation, non-
emergency overtime must be authorized in advance by the appropriate department
manager and approved by the General Manager
Section 3.2 Compensatory Time
At the employee's option, overtime may be earned as "compensatory time off"
instead of as cash. The maximum amount of compensatory time off which shall be
accrued is forty (40) hours. Compensatory time off shall be credited at the rate of 1-1/2
hours of compensatory time off for each hour of overtime worked.
At the employee's discretion, the employee may submit a written request to
payroll for cash distribution of not greater than twenty (20) hours of accrued
compensatory time off during any payroll period. Upon separation from employment,
the employee shall be compensated at the then existing regular rate of pay for all
accrued compensatory time off.
An employee desiring to utilize compensatory time off shall submit a written
application to a supervisor authorized to grant the use of the time off, and shall be
allowed the time off, in 15 minute increments, unless in the supervisor's sole
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determination, use of the compensatory time off at the requested date and time, shall
result in an undue hardship to the District.
ARTICLE 4 STANDBY AND CALL OUT COMPENSATION
Section 4 1 Standby Compensation
A unit employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than normal scheduled working hours, and
not as an extension of a regularly scheduled shift, shall be paid a flat fee for each day
he/she is assigned to standby duty The flat fee during the term of this MOU shall be
Thirty Dollars ($30.00).
(It is understood that standby duty for pump operations will be provided by
qualified and available employees as assigned by the supervisor and/or operations
manager, and that those individuals in Maintenance Worker I and Maintenance
Distribution Operator II positions determined qualified by the District shall be eligible for
standby duty Otherwise, standby eligibility will be as existed prior to the date of this
Memorandum of Understanding.) The pay for standby time may be accrued to the
second payday in December and paid in a lump sum or it may be paid at the regular
pay period in which the standby duty is completed.
Section 4.2 Call-Out Compensation
1 Call-out compensation shall be as follows:
(a) When a unit employee is called out (whether required to travel to a
work site or to address an emergency electronically) for emergency situations arising at
times other than the employee's normally scheduled working hours, and not as an
extension of a regularly scheduled shift, the employee shall be paid time and one-half
base rate for each hour worked; provided, however, the employee will be paid a
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minimum of two hours. However, the employee shall not be entitled to call-out
compensation in excess of two (2) hours, where multiple call-outs occur in any one
consecutive two (2) hour period following the normally scheduled shift and the
cumulative actual call-out work time is not greater than two (2) hours during any one,
two (2) hour period of time. If multiple call-outs occur in any one, two (2) hour period of
time and the cumulative call-out time worked in that period exceeds two (2) hours, the
employee shall receive call-out compensation for the actual cumulative call-out hours
worked in excess of two (2) hours. When call out work commences in a particular two
(2) hour period and is completed in one or more subsequent two (2) hour periods, the
employee shall receive the two (2) hour minimum for the following two (2) hour period(s)
as well. Call back compensation for the following two (2) period(s) shall then be
computed pursuant to the above rules.
EXAMPLE
START SHIFT 0700
END SHIFT 1630
CALL BACK TWO (2) HOUR PERIODS:
1630 - 1830
1830 -2030
2030 -2230 ETC
1630 -1830
5 call outs, each requiring an electronic response, with total time
expenditure of 1.5 hours = two (2) hours call back pay
OR
Call back commences at 1800 hours and is completed at 1900 hours = 4
hours call back (two (2) hour minimum for 1630 - 1830 and additional two
(2) hour minimum for 1830 - 2030.)
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" HOWEVER - AT 1930, employee commences a 30 minute electronic call
= no additional payment as employee has already received two (2) hour
minimum for period 1830 - 2030.
ARTICLE 5 INSURANCE
Section 5.1 Life Insurance
The District shall continue to provide group life insurance, in the amount of one
times basic annual salary rounded to the next higher multiple of $1,000, for each full-
time permanent unit employee under age 70 after two full calendar months of service, in
accordance with the provisions of the contract between the District and any company of
the District's choosing providing such coverage. An employee may increase the
coverage to up to two (2) times their annual salary by authorizing the additional
premium to be deducted from his/her salary
Section 5.2 Health and Accident Insurance
The District shall pay 100% of the premium for hospital and medical insurance
for all unit employees who work in excess of 30 hours per week, after they have worked
for two calendar months, and up to 2/3 of the additional premium toward unit employee
dependent coverage for covered employees with one dependent or up to 2/3 of the
additional premium toward unit employee dependent coverage for covered employees
with more than one dependent in accordance with the provisions of any contract
between the District and any company or companies of the District's choosing. The
individual employee shall pay the cost of the difference in premium, to be deducted from
his/her salary The employees shall have the option of selecting a District-designated
Health Maintenance Organization ("HMO"). The District contribution for HMO coverage
will be in accordance with this paragraph.
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Section 5.3 Dental Insurance
The District shall pay 100% of the premium for dental insurance for all unit
employees who work 30 hours or more per week, after they have worked for two
calendar months, and 2/3 of the additional premium toward unit employee dependent
coverage for covered employees with one dependent or 2/3 of the additional premium
toward unit employee dependent coverage for covered employees with more than one
dependent in accordance with the provisions of any contract between the District and
any company or companies of the District's choosing. The individual employee shall
pay the cost of the difference in premium, to be deducted from his/her salary The
employees shall have the option of selecting "Delta Care" with the contribution for "Delta
Care" to be in accordance with this paragraph.
Section 5.4 Vision Coverage
The District shall pay 100% of the premium, toward the premium for vision
insurance for unit members who work more than 30 hours per week, after they have
worked for two calendar months, and 2/3 of the additional premium toward dependent
coverage for covered employees with one dependent, or 2/3 of the additional premium
toward dependent coverage for covered employees with more than one dependent, in
accordance with the provisions of any contract between the District and any company or
companies of the District's choosing. The individual employee shall pay the cost of the
difference in premium, to be deducted from his/her salary
Section 5.5 Domestic Partners
Effective October 1, 2006, "dependent" shall include a domestic partner for whom
a California State Registration Certificate is provided.
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Section 5.6 Retiree Insurance Benefits
Subject to carrier approval, the District shall pay the amounts provided in
Sections 5.2, 5.3 and 5.4 of this Agreement for any employee who retires from the
District for a period of time which is equivalent to one (1) year or pro-ration thereof on a
monthly basis for each three (3) years of service to the District or pro-ration thereof on a
quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of
age, must have five (5) years of service with the District, must provide ninety (90) days
notice of intent to retire, must remain in a retired status, and must retire from the District
during the term of this Agreement while in good standing (did not retire after being
provided written notice that disciplinary investigation/proceedings were pending which in
the sole judgment of the District are reasonably anticipated to result in a
recommendation of dismissal from employment or which have resulted in a
determination by the District to impose dismissal. If a dismissal is appealed and results
in a final administrative decision, (and where appealable, a court determination)
reinstating the employee, the withheld benefit shall be retroactively implemented to the
date of dismissal.) If any benefit period remains when the employee or his/her spouse
reaches ages 65, whichever is latest, the coverage shall end and convert to Medicare
Supplement for the remainder of the benefit period. For purposes of this Agreement,
retired status means that the employee shall not work for compensation for more than
nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District
shall require an employee to certify under penalty of perjury that the employee has
remained on retired status and/or to submit to such additional verification as the District
deems necessary to demonstrate retired status. The retired employee must make any
contribution required of a regular employee pursuant to Section 5.2, 5.3 or 5.4 prior to
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the first day of the month in which coverage is to be extended. Failure of an employee
to make such payment shall result in termination of coverage and termination of any
right to any benefit pursuant to this section.
Section 5.7 Cafeteria Plan
To the extent lawful, the District shall extend its current plan under Section 125 of
the Internal Revenue Code to cover unit employees.
Section 5.8 Long-Term Disability
The District shall provide a long-term disability plan for employees which has a
90-day elimination period and provides at least sixty percent (60%) of salary for a
designated period of time in accordance with coverage procured by the District from a
carrier to be determined at the District's sole discretion.
ARTICLE 6 HOURS
1 The regular work week for all full-time unit employees covered by this
MOU shall be forty (40) hours as scheduled by department heads. It is expressly
understood the department manager may schedule maintenance and plant operation
shifts which include evening, weekend and holiday work. (Specifically, the department
manager may create crews consisting of two individuals, one from either a Sr
Maintenance Distribution Operator or Maintenance Distribution Operator III, and the
other from a Maintenance Distribution Operator II or Maintenance Worker I position
assigned to an on-duty maintenance shift available for emergency situations and other
maintenance assignments which may be required to work Saturdays or Sundays.
Volunteers for such crews shall first be solicited. In the event that there are insufficient
volunteers, all maintenance employees shall be assigned to such crews on a three (3)
month rotating basis. Employees may work out trades, provided that the trade is
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completed within the same work week and one (1) day notice is given to the Supervisor
Plant operators shall be assigned in accordance with past practice.) For all unit
employees with an average regular work week of forty (40) hours, the hourly rate of pay
shall be twelve times the monthly rate divided by 2,080 (40 hours times 52 weeks). An
employee may request a part-time assignment which shall be granted at the sole
discretion of the General Manager or his/her designee. The District, at its sole
discretion, may offer a nine-eighty (9/80) work schedule.
2. Those unit employees covered by this Memorandum of Understanding
whose regularly scheduled forty (40) hour work week or special shift work week
includes working hours after 6:00 P.M. and/or before 6:00 A.M. Monday through Friday,
and/or any hours on Saturday and/or Sunday and/or holidays, shall be paid a differential
equal to their regular hourly rate plus five percent (5%) for each hour worked after 6:00
P.M. and/or before 6:00 A.M. Monday through Friday, and/or all hours worked on
Saturday and/or Sunday and/or holidays.
ARTICLE 7 HOLIDAYS
1 Holidays for full-time unit employees covered by this Memorandum of
Understanding (with the exception of employees assigned to special shift work for
pumping plant operations and on-duty maintenance available for emergency situations)
as set forth in Exhibit "C
2. Holiday pay will be based on the work hours scheduled for the designated
holiday
(a) For those unit employees whose scheduled work week is Monday
through Friday, a holiday falling on a Saturday shall be taken on Friday and any holiday
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falling on Sunday shall be taken on Monday, unless another day is designated by the
General Manager
(b) For those unit employees not assigned to special shift work whose
scheduled work week is not Monday through Friday, any holiday falling on their
scheduled days off shall be taken so as to provide the employee with three consecutive
days off, unless another day is designated by the General Manager
(For example; for a Sunday to Thursday work week, if a holiday falls on
Friday or Saturday, the employee takes Thursday as a holiday; or, for a Tuesday to
Saturday work week, if a holiday falls on Saturday or Sunday, the employee takes
Tuesday as a holiday)
3. Unit employees assigned to special shift work shall be entitled to receive
one day of paid time off (an in-lieu holiday) on a day designated or approved by the
District at the regular rate of pay for each holiday whether or not the holiday falls on a
regularly scheduled workday for that employee, so long as the pumping plant is manned
and/or a maintenance crew is on duty at work for emergency situations during the
holiday period.
4 If unit employees, other than employees assigned to special shift work,
are required to work on a holiday, they shall receive, in addition to the paid holiday,
compensation equivalent to one and one-half (1-1/2) times their regular rate of pay for
the time actually worked during a regularly scheduled holiday
5. In order to be eligible for holiday pay, a unit employee must be either at
work or on paid leave of absence on the regularly scheduled workday immediately
preceding the day observed as the holiday and the regularly scheduled workday
immediately following the day observed as the holiday
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ARTICLE 8. VACATION
1 Unit employees covered by this Memorandum of Understanding shall
receive annual vacation with pay in accordance with the following provisions:
(a) Full-time unit employees with an average regular work week of 40
hours shall accrue paid vacation at the following rate per month:
0 but less than 5 yrs. Service 6-2/3 hrs/mo (10 days/yr)
5 but less than 15 yrs. Service 10 hrs/mo (15 days/yr)
15 or more years service 13-1/3 hrs/mo (20 days/yr)
(b) Part-time unit employees shall accrue paid vacation in proportion to
the average or normal hours worked as a part-time employee.
2. For vacation accrual, the last day of the month shall be considered the
ending of the accrual period and all accruals for the preceding month or fraction of a
month thereof shall be credited to the employee at this time; provided, however, that the
date for determining a change in the accrual rate provided in paragraph 9 1(a) shall be
the first day of the month on which the employee was hired by the District.
3. Paid vacation hours shall continue to accrue in accordance with the above
provisions during any period of leave with pay
4 AII' vacations shall be scheduled and taken in accordance with the best
interest of the District and the department in which the employee is employed.
5. The maximum amount of vacation that may be taken at any given time
shall be that amount that has accrued to the employee concerned. The minimum
amount of vacation that may be taken at any given time shall be fifteen (15) minutes.
6. A unit employee shall be eligible to take any accrued vacation after
completion of thirteen (13) pay periods during their original twelve (12) month
probationary period.
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7. Each unit employee shall have vacation time deducted in fifteen (15)
minute increments.
8. The maximum vacation that may be accrued shall not be more than one
and one-half (1-1/2) times the amount that may be accrued in one year of service. If the
employee has accrued the maximum amount of hours of vacation, no additional hours
shall be accrued, nor shall the cash equivalent of what would have been excess hours,
be earned by the employee. However, where in the sole discretion of the General
Manager it is determined that requirements of the District are the sole reason for an
employee being unable to timely schedule and utilize vacation time off, said employee
may be provided authorization to accrue additional vacation time in an amount
determined in the sole discretion of the General Manager
9 Upon termination, a unit employee shall be compensated in cash at
his/her current rate of pay for any vacation accrued but not taken.
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10. In the event that any recognized holiday occurs during a unit employee's
vacation, the vacation account shall not be debited for the holiday hours. The only
vacation hours that shall be charged against the employee's accrued vacation time shall
be those hours that the employee is regularly scheduled to work.
11 For the term of this MOU only, unit members who have been employed by
the District for more than one year may sell to the District up to forty (40) hours of
accrued unused vacation time upon thirty (30) days prior notice, provided that a
minimum of one-half (1/2) the vacation time to which he/she is entitled within the same
annual period of the sold vacation time remains in the employee's vacation account
after the cash distribution. A member who has been employed by the District for more
than one year may also buy from the District up to an additional forty (40) hours of
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vacation time within any calendar year for use during the same calendar year, provided
that full and complete payment has been made for the purchased vacation time by
salary modification prior to use of the vacation time. It is expressly understood that this
benefit is provided at the sole discretion of the District and shall automatically terminate
upon the expiration of this MOU unless an extension is expressly agreed to by the
District.
ARTICLE 9 LEAVES
Section 9 1 Sick Leave
1 Sick leave is provided for use if the employee is unable to work because
of illness, and as otherwise allowed by law
2. A unit employee eligible for paid sick leave shall be granted such leave for
the following reasons:
(a) Physical incapacity of the employee due to illness or injury
(b) Enforced quarantine of the employee in accordance with
community health regulations.
(c) Illness of a member of the employee's immediate family (child,
parent, spouse or domestic partner) which requires the attendance of the employee
(sick leave usage shall not exceed one half (1/2) of a year's accrual of sick leave.)
(d) Routine medical or dental appointments for the employee only or
illness of an emergency nature within the employee's immediate family In order to
receive sick pay for the routine medical or dental appointments, the employee must
notify his immediate supervisor twenty-four (24) hours in advance; otherwise, sick leave
will be denied. Sick leave for routine medical or dental leave is for the length of the
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appointment only and for reasonable travel time to and from the appointment and the
work site.
3. In the event that a unit employee is absent on paid sick leave in excess of
one (1) day, or if the District has cause to believe that an employee is misusing sick
leave, the District may require that the employee submit a written statement by a
physician licensed by the State of California certifying that the employee's or the
employee's family member's condition prevented him/her from performing the duties of
his/her position.
4 Unit employees shall accrue annual sick leave with pay in accordance with
the following provisions:
(a) Full-time unit employees with an average regular work week of forty
(40) hours shall receive paid sick leave at the rate of one (1) day per month.
(b) Part-time unit employees shall receive sick pay in proportion to the
average or normal hours worked as a part-time, employee (e.g., an employee whose
regular work week is twenty (20) hours shall receive one-half (1/2) day sick leave per
month).
(c) Paid sick leave shall continue to accrue in accordance with the
above provisions during any period of leave with pay
5. Each unit employee may use sick leave in fifteen (15) minute increments.
An employee with a regular workday of eight (8) hours shall have eight (8) hours
deducted from his/her accrued sick leave time for each regularly scheduled working day
that he/she is on paid sick leave.
6. In the event that any paid holiday occurs during a period when a unit
employee is on paid sick leave, the employee's sick leave account shall not be debited
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for what would otherwise be a holiday usage. The only sick leave hours that shall be
charged against the employee's accrued sick leave shall be those hours that the
employee is regularly scheduled to work.
7 A unit employee who retires (in accordance with the Public Employees'
Retirement System qualifications) shall be paid at the rate of his final salary for 3/8 of
his/her accumulated days of sick leave, if any, at the time of separation from active
employment. If the employee should die, his/her estate shall be entitled to such
payment.
Section 9.2 Disability Leave
1 In situations where a unit employee has been injured in a non-duty
accident and his/her disability leave exceeds one calendar month or the total use of
his/her accumulated leaves, including sick leave, paid time off and vacation exceeds
one calendar month, that portion of the leave exceeding 30 calendar days, shall
constitute a break in service and his/her merit review dates and anniversary date will be
adjusted accordingly.
2. An injured employee may elect to take as much of his/her accumulated
sick leave, or his/her accumulated vacation as when added to his/her disability
indemnity will result in a payment to him/her of not more than his/her full salary or wage.
Section 9.3 Leave of Absence Without Pay
1 Department managers may grant a regular or probationary unit employee
leave of absence without pay for a period not to exceed two (2) weeks. Such leaves
shall be reported to the Personnel Officer in the manner and method which he/she shall
prescribe.
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2. The General Manager may grant a permanent or probationary unit
employee leave of absence without pay or seniority for a period not to exceed six (6)
months. After six (6) months, the leave of absence may be extended if authorized by
the Board of Directors. No such leave shall be granted except upon written request of
the employee, setting forth the reason for the request. Approval shall be in writing from
the General Manager or his/her designee and entirely within his/her discretion.
3. In situations where a unit employee shall request leave without pay for a
period in excess of one (1) calendar month, he/she shall submit to the District any and
all actual premiums for any and all insurance coverage. If the employee chooses not to
submit any or all of these premiums, his/her coverage shall be terminated within the
limits prescribed by the benefit carriers and will be reinstated within the limits prescribed
by the benefit carrier at the time of his/her reinstatement by the District.
4 Upon expiration of a regularly approved leave or within twenty-four (24)
hours notice to return to duty, the unit employee shall be reinstated in the position held
at the time the leave was granted. Failure on the part of a unit employee on leave to
report promptly at its expiration, or within forty-eight (48) hours after notice to return to
duty shall be cause for immediate discharge. The depositing in the United States mail
of a first-class postage-paid letter addressed to the unit employee's last known place of
residence shall be reasonable notice.
Section 9 4 Maternity Leave
Maternity leave with or without pay shall follow the same procedures as leave
granted for other disabilities provided, however, that an employee who has exhausted
all accrued sick leave, compensatory time and vacation time shall be entitled to an
unpaid leave of absence for a total of four (4) months leave when combined with sick
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leave, vacation and compensatory time, provided that the employee furnishes to District
a physician's verification of inability to work. Each request for maternity leave must be
accompanied by a statement from a licensed physician verifying the pregnancy, the last
day the unit member may work, and the expected date of return to work. In no case will
the expectant mother be allowed to work beyond the date specified by her physician,
and notification must be given to the District thirty (30) days prior to the last scheduled
date of work.
Section 9 5 Jury Duty/Court Testimony
A full-time unit employee required to sere as a trial juror shall be entitled to be
absent from his/her duties during the period of such service. During these periods of
service, the employee shall receive full compensation from the District for a period not
to exceed 10 working days for each period of jury duty If court records indicate that the
employee advised the court of this 10 working day limit, and the employees is
nonetheless selected for a jury where the jury duty exceeds 10 working days, the
excess days shall be paid by the District. if witness fees or juror fees, except mileage
reimbursement, are submitted to the District.
Section 9 6 Bereavement Leave
Upon the death of a member of an employee's immediate family, an employee
shall be entitled to use up to three (3) days of District-paid bereavement leave for
attendance at funeral services and conduct of business associated with the deceased.
Immediate family shall include spouse, child, brother, sister, parent, parent-in-law,
grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepbrother,
stepsister, stepchild, a state registered domestic partner or any other relative living in
the same household. The General Manager, at his/her sole discretion, may allow the
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employee to use up to an additional four (4) days of sick leave for this purpose or use of
such leave for bereavement of non-immediate family members.
Section 9 7 Emergency Leave Policy
The emergency leave policy is attached hereto as Exhibit "D "
ARTICLE 10. GRIEVANCE PROCEDURE
Section 10.1 Purpose
The purpose of this section is to enhance communications between the District
and unit employees by providing a fair and impartial review and consideration of
grievances at the level closest to their point of origin within a reasonable time period
without jeopardizing the employee's position or employment.
Section 10.2 Matters Subiect to the Grievance Procedure
1 A grievance may be filed for the alleged violation of this Memorandum of
Understanding.
2. The grievance procedure shall not be used to establish new policies or
change any existing rules. It shall not be used in matters resulting from any form of
disciplinary action or evaluation content.
Section 10.3 Informal Grievance Adjustment
1 Whenever possible, a unit employee who has a complaint shall try to solve
the problem through informal discussion with his/her supervisor not later than 10
working days after the aggrieved employee knew or reasonably should have known of
the basis for commencing the grievance procedure. The supervisor shall make
whatever investigation he/she deems necessary and reply in writing within ten (10)
working days. Any matters for which he/she does not have authority to make a decision
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shall be brought to the attention of a higher level supervisor who does have the proper
authority
2. If the unit employee is not satisfied with the decision reached through the
informal discussion, and/or some other extenuating circumstances exist, he/she shall in
writing bring the matter to the attention of the next level of authority not later than ten
(10) working days after receipt of the informal decision. The higher level supervisor
shall make whatever investigation he/she deems necessary and reply in writing not later
than ten (10) working days after receipt of the written grievance. If the employee is still
not satisfied with the decision, he/she may file a formal grievance within ten (10)
working days of receipt of the higher level supervisor's written decision.
Section 10.4 Formal Grievance Procedure
1 The formal grievance procedure may be followed only after failure to
resolve a problem through informal grievance adjustment. If the unit employee is not in
agreement with the informal written decision reached, he/she may, within ten (10)
working days of the receipt of the higher level supervisor's written decision, file a formal
grievance in writing with the Personnel Officer with a copy to the General Manager The
Personnel Officer shall make whatever investigation he/she deems necessary to allow
fair consideration of the situation and shall present a written reply to the employee
within ten working days after receipt of the written grievance. A copy of the reply shall
be forwarded to the General Manager
2. If the unit employee is not satisfied with the decision of the Personnel
Officer, he/she may file a written appeal to the General Manager within five (5) working
days after having received the written reply of the Personnel Officer Within ten (10)
working days of receipt of the written appeal, the General Manager shall make a written
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decision which shall be final and binding on all parties. The General Manager may
conduct whatever investigation and/or meeting(s) which he/she deems appropriate.
Section 10.5 General Conditions
1 The Personnel Officer shall receive and retain copies of all written
materials pertaining to the grievance.
2. A unit employee may represent himself/herself or at his/her own expense,
select whomever he/she desires to represent him/her in the grievance procedure.
3. If a unit employee fails to proceed with a grievance within any of the time
limits specified in the section, the grievance shall be deemed denied with no further
basis for appeal.
4 If a District supervisor/manager below the level of the General Manager
fails to reply within any of the time limits specified in this section, the grievance shall be
deemed denied. The time limits for appeal of a denied grievance shall commence
running either upon receipt by the grievant of a timely written grievance rejection, or
absent such rejection, at the end of the supervisory reply period, where no written
rejection has been provided.
5. Any of the time limits specified in this section may be extended when
mutually agreed upon by all parties concerned.
6. Either the grievant, or the Personnel Officer or General Manager, may
request a meeting to review the grievance prior to a decision.
7 When it is necessary for a grievant or designated representative to attend
a grievance meeting or hearing with management during the work day, he/she will be
released without loss of pay in order to permit participation in the foregoing activities
provided advance arrangements are made with the employee's department head.
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ARTICLE 11 EMPLOYEE DISCIPLINE
Section 11 1 Forms of Discipline
The employment of every unit employee who has passed probation shall be
subject to suspension, demotion or dismissal for cause.
Section 11.2 Procedure
1 When a unit employee who has passed probation is to be dismissed,
demoted or suspended without pay, specific written charges shall be prepared and
presented by the employee's department manager for action by the Personnel Officer
2. The Personnel Officer shall provide such a unit employee with written
notice of the proposed action, the date it will be effective, the charge(s) on which the
proposal is based, and relevant written materials, written reports and documents, and
notification that the employee is entitled to respond to the charges as provided below
Prior to the effective date of the proposed action, such a unit employee shall have the
right to file with the Personnel Officer a written response to the charges or request the
right to make an oral response. The Personnel Officer may act upon the initial written or
oral presentation of the employee or may request that the employee submit a further
response in writing, or permit the employee a further oral presentation. Failure of the
employee to make a written response or request an oral presentation shall constitute
waiver of this pre-disciplinary provision. At his/her own expense, the employee shall be
entitled to be represented by counsel or other person of his/her choosing during the
course of the above proceedings.
3. The Personnel Officer shall provide written notice of his/her final
determination to such a unit employee. The decision of the Personnel Officer shall be
immediately implemented.
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Section 11.3 Appeal of Disciplinary Action
1 When disciplinary action has been taken by the Personnel Officer
pursuant to Section 11.2 the employee shall have the right to appeal. Appeal shall not
suspend the effective date of the discipline. Failure to timely appeal by the employee or
his/her representative will make the action by the Personnel Officer final and conclusive.
2. Subject to paragraph 11.3.1, such a unit employee who has been
disciplined, within fifteen (15) calendar days after having been furnished with a copy of
the final notice of action by the Personnel Officer may appeal to the Board of Directors
by filing with the General Manager a written answer to the charges and requesting a
hearing thereon.
3. In the case of suspensions of less than ten (10) working days, the Board
of Directors may appoint two (2) of its members to informally hear and make
recommendations concerning the appeal. No written transcript of proceedings shall be
required, but any documents submitted by either side shall be included with the report of
the two (2) members. The report of the two (2) members shall be submitted to the full
Board and shall include a summary of the facts supporting their recommendation that
the discipline be sustained, modified, or rejected. The determination of the full Board
shall be final.
(a) In the case of a disciplinary action other than set forth in paragraph
11.3.3, the Board of Directors shall appoint a hearing officer to conduct a hearing on
appeal of any disciplinary action.
(b) The hearing shall be conducted in the manner most conducive to
determination of the truth, and the hearing officer shall not be bound by technical rules
of evidence.
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(c) The hearing officer shall determine the relevancy, weight, and
credibility of testimony and evidence. The hearing officer shall base his/her findings on
the preponderance of evidence.
(d) Each side will be permitted an opening statement and closing
argument. The Personnel Officer or his/her representative shall first present his/her
witnesses and evidence to sustain the charges and the unit employee will then present
his/her witnesses and evidence in defense.
(e) Each side will be allowed to examine and cross-examine witnesses.
(f) Both the Personnel Officer and the unit employee may be
represented by legal counsel. The unit employee may retain counsel or other
representative, at his/her own expense.
(g) The hearing officer shall, if requested by either party, subpoena
witnesses and/or require production of other relevant records or relevant evidence.
(h) The hearing officer may, prior to or during a hearing, grant a
continuance for any reason he/she believes to be important to his/her reaching a fair
and proper decision.
(i) The hearing officer shall prepare a recommended decision and
forward it to the Board of Directors no later than thirty (30) days after the matter of
appeal was taken under submission by the hearing officer The recommended decision
shall set forth which charges, if any, the hearing officer feels are sustained and the
reasons therefore.
Q) Such an employee or his/she representative may obtain a copy of
the transcript of the hearing upon request and agreement to pay for necessary costs.
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4. After receiving the recommendation of the committee of the two (2)
i
members or the hearing officer, and after consideration of the record only, the Board of
Directors may sustain or reject any or all of the charges filed against the unit employee.
If the Board of Directors modifies the discipline, the Board shall, consistent with its
decision, order all or part of the employee's full compensation from the time of dismissal
or suspension to be paid.
5. Such a unit employee who has been suspended or dismissed may be
reinstated to his/her position as a result of a successful appeal. In the event of such
reinstatement, the employee shall be entitled to his/her former status of employment.
6. Dismissal of a unit employee from the District service following the pre-
disciplinary meeting at the Personnel Officer level, shall:
(a) Constitute a dismissal as of the same date from all positions which
the unit employee may hold in the District service.
(b) Terminate the salary of the unit employee as of the effective date of
his/her dismissal except that he/she shall be compensated for any unpaid salary,
unused vacation, compensatory time off, and "alternative time" to his/her credit as of the
date of dismissal.
ARTICLE 12. JOB POSTING
All openings for employment positions in the District shall be posted for at least
two (2) weeks prior to the deadline for submission of applications.
ARTICLE 13 MISCELLANEOUS BENEFITS
Section 13.1 Safety Boot Allowance
Unit employees including those assigned to Engineering who are required to
wear work boots in the performance of their job, as determined by the Department
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Manager, shall be eligible for District-purchased boots in an amount not to exceed
$150 00, provided that the boots are from a list pre-approved by the General Manager
or his/her designee. The difference between $150.00 and the amount actually used
may be carried over for one year and combined with a subsequent allocation for boot
reimbursement.
Section 13.2 Reimbursement for Certificates
The District shall reimburse unit employees for sums paid to the appropriate state
agencies for obtaining or renewing of production or distribution certificates.
Section 13.3 Education Reimbursement
The District shall provide educational reimbursement to unit employees for costs
of tuition, fees, books and parking relating to educational courses taken and completed
at accredited institutions at a rate not to exceed standard resident fees as charged by
the California State University Course work must be job related as determined and
approved in advance by the General Manager Proof of payment and successful
completion of the course must accompany the reimbursement request on a form
provided by the District. (If a licensing agency requires a minimum grade, that grade
shall be the measure of "successful" course completion.) Employee shall be
responsible for any tax consequences as a result of education reimbursement.
If for any reason, the employee separates from District employment prior to
completion of one (1) calendar year from the date of distribution by the District of funds
provided for herein, all such amounts distributed during that one (1) calendar year
period, shall be considered a judgment due and owing to the District. The judgment
amount shall be deducted from the employee's closing check. Any remaining, non-
reimbursed amount shall be paid to the District within ninety (90) calendar days of
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separation from District employment. Each employee receiving funds pursuant to this
Section shall sign a written agreement to comply with the terms of this section as a
condition precedent to receipt of any such funds.
Section 13.4 Uniforms
The field uniforms provided to employees may include District-issued shorts and
T-shirts which may only be worn in accordance with District established safety
guidelines.
Section 13.5 Job Description
The Association hereby agrees to the implementation of the job descriptions
presented as of the date of ratification of this Agreement.
ARTICLE 14 DRUG POLICY
In addition to any other District adopted drug policy, effective January 1, 1996,
the Yorba Linda Water District must comply with the United States Department of
Transportation regulations implementing the Federal Omnibus Transportation Employee
Testing Act of 1991 Specifically, the District must comply with the regulations of the
Federal Highway Administration (FHWA). Adoption of a policy is one of the District's
obligations under the regulations, and it is the intent of the District to comply fully with
both the letter and spirit of this law, as well as to continue to administer the District's
Drug Free Workplace policy, adopted in 1993. Specific procedures for administering all
policies described in this Article 14 and in the Department of Transportation regulations
are subject to the Personnel Rule reopener in Article 16 When completed, each
employee will be given a copy of these procedures and sign a statement attesting to
having received and read them. Compliance with this policy is a condition of
employment.
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ARTICLE 15. COMPLETION OF MEET AND CONFER
It is understood that this MOU represents the sole and complete understanding
between the parties and shall govern their entire relationship and shall be the sole
source of any rights which may be asserted hereunder and that the parties shall not be
obligated to meet and confer except pursuant to their mutual consent, or with respect to
any subject or matter, specifically provided for by this MOU The parties further
understand that all rights not clearly and expressly limited by this MOU are expressly
reserved to the District as evidenced by the EERR, even though not enumerated in this
MOU The express provisions of this MOU constitute the only limitations upon the
District's rights to determine, implement, supplement, change, modify, or discontinue in
whole or in part any term or condition of employment or adopt any policy, rule,
regulation or practice as the District deems fit or appropriate (herein described as
"management rights",) provided however, that the District shall meet and confer as
regards the impact of its exercise of "management rights," and shall comply with all
federal and state laws relating to employee rights, opportunities and benefits.
ARTICLE 16. REOPENER
Not later than October 28, 2009, the parties agree to reopen the meet and confer
process regarding the subject of the District Personnel Rules and Regulations and the
Drug Policy This reopener does not limit other reopeners that may be allowed pursuant
to Article 15, above.
ARTICLE 17 CONCERTED ACTIVITIES
1 Apart from and in addition to existing legal restrictions upon remedies for
work stoppages, the Association hereby agrees that neither it nor its members, agents,
representatives or persons acting in concert with any of them, shall incite, engage or
THE YLWD EMPLOYEES ASSOCIATION MOU 200912010 30
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participate in any strike, walkout, slowdown, sick-out or other work stoppage of any
nature against the District whatsoever or wheresoever located, including, but not limited
to disputes which are related to the subject matter contained in this MOU; disputes
between the District and any other organization, persons or employees; or jurisdictional
disputes. In the event of any strike, walkout, slowdown, sick-out or other work stoppage
or threat thereof against the District, the Association and its officers will take all steps
reasonably within their control to end or avert the same.
2. Those represented by the Association shall not authorize, engage in,
encourage, sanction, recognize or assist in any strike, walkout, sick-out or other work
stoppage or picket in furtherance thereof, or participate in concerted interference in
violation of this provision or refuse to perform duly assigned services in violation of this
provision. It is understood that any person represented by the Association found in
violation of this provision will be subject to discipline, including termination, as
determined appropriate by the District.
ARTICLE 18. TERM OF AGREEMENT
This agreement shall remain in force for the period of July 1, 2009 through June
30, 2010 by resolution of the governing board of the District.
ARTICLE 19 DISTRICT GOVERNING BOARD APPROVAL
It is the understanding of the District and the Association that this MOU shall
have no force or effect whatsoever unless or until adopted by resolution of the
governing board of the District. Following approval of the governing board, the District
shall implement the terms of this MOU by appropriate resolution or other means.
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding the day, month and year
noted.
YORBA LINDA WATER DISTRICT YORBA LINDA WATER DISTRICT
EMPLOYEE'S ASSOCIATION
By- By- n Brundahl , President Ken Vecchiarelli, General Manager
By*
Brian Vargas, Vice Pre ' Pat Grady, A is . General Manager
By- * - By.
ector Gi ight, HR anage
By
Ariel Bacani, Director
By
my Anda, Director
October 21, 2009
BY
Date
Eduardo Gutierrez, Secretary
By-.
Z e-Woller, Treasurer
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351607.1 Y0030-008
TABLE OF CONTENTS
Paqe
ARTICLE 1 RECOGNITION 1
ARTICLE 2. SALARY SCHEDULE 1
Section 2.1 Salary Schedules. 1
Section 2.2 Position Reclassification. 1
Section 2.3 Employee PERS Contribution Rate. 2
Section 2.4 Merit Increases... 2
Section 2.5 Acting Appointments. 3
Section 2.6 Salary Deduction. 4
Section 2.7 Probation. 4
ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF 5
Section 3.1 Overtime. 5
Section 3.2 Compensatory Time. 5
ARTICLE 4 STANDBY AND CALL OUT COMPENSATION 6
Section 4 1 Standby Compensation. 6
Section 4.2 Call-Out Compensation.. 6
ARTICLE 5. INSURANCE 8
Section 5.1 Life Insurance. 8
Section 5.2 Health and Accident Insurance. 8
Section 5.3 Dental Insurance. 9
Section 5.4 Vision Coverage. 9
Section 5.5 Domestic Partners. 9
Section 5.6 Retiree Insurance Benefits. 10
Section 5.7 Cafeteria Plan.... 11
Section 5.8 Long-Term Disability 11
ARTICLE 6. HOURS 11
ARTICLE 7 HOLIDAYS . 12
ARTICLE 8. VACATION 14
ARTICLE 9. LEAVES 16
Section 9.1 Sick Leave. .16
Section 9.2 Disability Leave. 18
Section 9.3 Leave of Absence Without Pay 18
Section 9.4 Maternity Leave. .19
Section 9.5 Jury Duty/Court Testimony 20
Section 9.6 Bereavement Leave. 20
Section 9.7 Emergency Leave Policy. 21
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Page
ARTICLE 10. GRIEVANCE PROCEDURE. 21
Section 10.1 Purpose.... 21
Section 10.2 Matters Subject to the Grievance Procedure. 21
Section 10.3 Informal Grievance Adjustment. 21
Section 10.4 Formal Grievance Procedure. 22
Section 10.5 General Conditions. 23
ARTICLE 11 EMPLOYEE DISCIPLINE 24
Section 11 1 Forms of Discipline. 24
Section 11.2 Procedure. 24
Section 11 3 Appeal of Disciplinary Action. 25
ARTICLE 12. JOB POSTING... 27
ARTICLE 13. MISCELLANEOUS BENEFITS 27
Section 13.1 Safety Boot Allowance. 27
Section 13.2 Reimbursement for Certificates. 28
Section 13.3 Education Reimbursement. 28
Section 13.4 Uniforms. 29
Section 13.5 Job Description. 29
ARTICLE 14 DRUG POLICY 29
ARTICLE 15. COMPLETION OF MEET AND CONFER .30
ARTICLE 16. REOPENER 30
ARTICLE 17 CONCERTED ACTIVITES 30
ARTICLE 18. TERM OF AGREEMENT 31
ARTICLE 19. DISTRICT GOVERNING BOARD APPROVAL 31
YLWO EMPLOYESS ASSOCIATION MOU 200612009
351607 1 Y0030-008 -II-
Exhibit "A"
Pay Plan Bargaining Unit Employees
Effective July 1st, 2009 thru June 30, 2010
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
BU 10
Monthly $2,413.5475 $2,473.8862 $2,535.7333 $2,599.1267 $2,664.1048 $2,730.7075 $2,798.9752 $2,868.9495 $2,940.6733
Hourly $13.9243 $14.2724 $14.6292 $14.9950 $15.3698 $15.7541 $16.1479 $16.5516 $16.9654
BU 11
Monthly $2,534.2249 $2,597.5805 $2,662.5200 $2,729.0830 $2,797.3101 $2,867.2428 $2,938.9239 $3,012.3970 $3,087 7069
Hourly $14.6205 $14.9860 $15.3607 $15.7447 $16.1383 $16.5418 $16.9553 $17.3792 $17.8137
BU 12
Monthly $2,660.9361 $2,7274595 $2,795.6460 $2,865.5372 $2,9371756 $3,010.6050 $3,085.8701 $3,163.0169 $3,242.0923
Hourly $15.3516 $15.7353 $16.1287 $16.5319 $16.9452 $17.3689 $17.8031 $18.2482 $18.7044
BU 13
Monthly $2,793.9829 $2,863.8325 $2,935.4283 $3,008.8140 $3,084.0344 $3,1611352 $3,240.1636 $3,3211677 $3,404.1969
Hourly $16.1191 $16.5221 $16.9352 $17.3585 $177925 $18.2373 $18.6933 $19.1606 $19.6396
BU 14
Monthly $2,933.6821 $3,007.0241 $3,082.1997 $3,159.2547 $3,238.2361 $3,319.1920 $3,402.1718 $3,487.2261 $3,574.4067
Hourly $16.9251 $17.3482 $177819 $18.2265 $18.6821 $19.1492 $19.6279 $20.1186 $20.6216
BU 15
Monthly $3,080.3662 $3,157.3753 $3,236.3097 $3,317.2175 $3,400.1479 $3,485.1516 $3,572.2804 $3,661.5874 $3,753.1271
Hourly $177713 $18.2156 $18.6710 $19.1378 $19.6162 $20.1066 $20.6093 $21 1245 $21.6527
BU 16
Monthly $3,234.3845 $3,315.2441 $3,398.1252 $3,483.0783 $3,570.1553 $3,659.4092 $3,750.8944 $3,844.6668 $3,940.7834
Hourly $18.6599 $19.1264 $19.6046 $20.0947 $20.5970 $211120 $21.6398 $22.1808 $22.7353
BU 17
Monthly $3,396.1037 $3,481.0063 $3,568.0315 $3,657.2322 $3,748.6631 73,842.3796 $3,938.4391 $4,036.9001 $4,137.8226
Hourly $19.5929 $20.0827 $20.5848 $21.0994 $21.6269 $22.1676 $22.7218 $23.2898 $23.8721
BU 18
Monthly $3,565.9089 $3,655.0566 $3,746.4330 $3,840.0939 $3,936.0962 $4,034.4986 $4,135.3611 $4,238.7451 $4,344.7137
Hourly $20.5726 $21.0869 $21.6140 $22.1544 $22.7082 $23.2760 $23.8579 $24.4543 $25.0557
(Page 2 of 2) Exhibit A
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
BU 19
Monthly $3,744.2043 $3,837.8094 $3,933.7547 $4,032.0985 $4,132.9010 $4,236.2235 $4,342.1291 $4,4576824 $4,561.9494
Hourly $21.6012 $22.1412 $22.6947 $23.2621 $23.8437 $24.4398 $25.0507 $25.6770 $26.3189
BU 20
Monthly $3,9314146 $4,029.6999 $4,130.4424 $4,233.7035 $4,339.5461 $4,448.0347 $4,559.2356 $4,673.2165 $4,790.0469
Hourly $22.6812 $23.2483 $23.8295 $244252 $25.0358 $25.6617 $26.3033 $26.9609 $27.6349
BU 21
Monthly $4,127.9853 $4,2311849 $4,336.9645 $4,445.3887 $4,556.5234 $4,670.4365 $4,7871974 $4,906.8773 $5,029.5492
Hourly $23.8153 $24.4107 $25.0209 $25.6465 $26.2876 $26.9448 $27.6184 $28.3089 $29.0166
BU 22
Monthly $4,334.3845 $4,442.7442 $4,553.8128 $4,667.6581 $4,784.3495 $4,903.9583 $5,026.5572 $5,152.2212 $5,281.0267
Hourly $25.0061 $25.6312 $26.2720 $26.9288 $27.6020 $28.2921 $28.9994 $29.7244 $30.4675
BU 23
Monthly $4,5511038 $4,664.8814 $4,781.5034 $4,901.0410 $5,023.5670 $5,149.1562 $5,277.8851 $5,409.8322 $5,545.0780
Hourly $26.2564 $26.9128 $27.5856 $28.2752 $28.9821 $29.7067 $30.4493 $31.2106 $31.9908
BU 24
Monthly $4,778.6590 $4,898.1254 $5,020.5786 $5,146.0930 $5,274.7454 $5,406.6140 $5,5417793 $5,680.3238 $5,822.3319
Hourly $27.5692 $28.2584 $28.9649 $29.6890 $30.4312 $311920 $31.9718 $32.7711 $33.5904
BU 25
Monthly $5,017.5919 $5,143.0317 $5,271.6075 $5,403.3977 $5,538.4826 $5,676.9447 $5,818.8683 $5,964.3400 $6,113.4485
Hourly $28.9476 $29.6713 $30.4131 $311734 $31.9528 $32.7516 $33.5704 $34.4097 $35.2699
BU 26
Monthly $5,268.4715 $5,400.1833 $5,535.1879 $5,673.5676 $5,815.4068 $5,960.7919 $6,109.8117 $6,262.5570 $6,419.1209
Hourly $30.3950 $311549 $31.9338 $32.7321 $33.5504 $34.3892 $35.2489 $36.1301 $37.0334
BU 27
Monthly $5,531.8951 $5,670.1925 $5,811.9473 $5,957.2460 $6,106.1771 $6,258.8315 $6,415.3023 $6,575.6849 $6,740.0770
Hourly $31.9148 $32.7126 $33.5305 $34.3687 $35.2279 $36.1086 $37.0114 $37.9366 $38.8851
In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated @ 2.5% between each step and 5.0% between each range.
EXHIBIT B
YORBA LINDA WATER DISTRICT
BARGAINING UNIT EMPLOYEES ASSOCIATION
SALARY RANGES AND AUTHORIZED CLASSIFICATIONS
09-14-2009
CLASSIFICATION TITLE SALARY RANGES
Accounting Assistant I BU17
Accounting Assistant II BU21
Construction Inspector BU24
Customer Service Representative I BU15
Customer Service Representative 11 BU17
Customer Service Representative III BU19
Engineering Secretary BU17
Engineering Technician I BU20
Engineering Technician II BU24
Facilities Maintenance BU21
GIS Administrator BU26
GIS Technician BU24
Information Systems Technician BU22
Information Systems Technician II/Programmer BU24
Instrumentation Technician BU25
Maintenance Distribution Operator 11 BU20
Maintenance Distribution Operator III BU23
Maintenance Worker I BU17
Mechanic I BU17
Mechanic 11 BU21
Mechanic III BU23
Meter Reader I BU16
Meter Reader II BU18
Meter Services Representative BU23
Operations Assistant BU19
Plant Operator I BU17
Plant Operator II BU23
Project Engineer BU26
Sr. Fleet Mechanic BU26
Sr Maintenance Distribution Operator BU26
Sr. Plant Operator BU26
Storekeeper BU 19
Water Quality Technician I BU20
Water Quality Technician II BU22
350831.1 Y0030.008
EXHIBIT C
1. Independence Day
2. Labor Day
3. Veterans Day
4 Thanksgiving
5 Day after Thanksgiving
6. Christmas Eve
7 Christmas Day
8. New Years Day
9 Presidents Day
10. Memorial Day
11 Employee Chosen Floater
350310.1 Y0030-008
EXHIBIT D
Yorba Linda
Water District
Policies and Procedures
Policy No. 7010-09-05
Effective Date: October 27, 2009
Prepared By: Gina Knight, HR Manager
Applicability District Wide
POLICY: EMERGENCY LEAVE POLICY
1.0 PURPOSE
The purpose of this policy is to establish guidelines whereby regular full-time
employees may donate accrued leave hours to other employees who have
experienced a personal or immediate family member's catastrophic illness or
injury, which has created a financial hardship.
2.0 SCOPE
The Yorba Linda Water District (District) recognizes it is in the District's interest
to establish a policy that enables employees to donate on a voluntary and
confidential basis a portion of their vacation, alternate, compensatory and/or
administrative leave in increments of at least two (2) hours to fellow employees
who have experienced a catastrophic illness or injury This policy delineates
procedures for the transfer of leave from one employee to another employee.
Income received as a result of this policy will be governed by applicable IRS
regulations.
A. Definition of Terms
1. Catastrophic illness or injury is defined as a serious illness or injury
expected to incapacitate the employee or immediate family member for
an extended period of time creating a financial hardship, because the
employee has exhausted all accumulated leave. Catastrophic illness
or injury for these purposes is further defined as a debilitating illness or
injury of the employee or an immediate family member, which will
result in the employee being required to take time off from work for an
extended period to care for the ill family member As a result, the
employee may suffer financial hardship having exhausted all of his/her
accumulated leave.
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350835.1 Y0030.008
2. Donor is defined as a regular full-time District employee who has
passed his/her initial probation and has completed a voluntary request
form to transfer leave to a fellow employee.
3. Immediate Family Member is defined as an employee's spouse,
registered domestic partner, children, step-children, foster children,
sisters, brothers, grandparents, grandchildren and parent.
4 Donated hours are defined as leave hours that an employee agrees to
donate to another employee on catastrophic leave.
5. Recipient Employee is defined as a current regular full-time District
employee who has completed his/her original probationary period and
is receiving or planning to receive donated time.
6. Regular full-time employees are defined as a current full-time District
employee who has completed his/her original probationary period.
7 12-Month Period is defined as a 12-month period measured forward
from the date an employee first receives donated hours.
3.0 PROCEDURES
A. To receive or donate leave, as provided for in this policy, an employee
must have completed his/her original probationary period.
B. To receive donated leave time:
1 An employeetfamily member must be on an approved medical leave of
absence resulting from a medical emergency for a minimum of 90
continuous work hours (approximately 10 working days);
2. An employee must have submitted a treating physician's off-work order
verifying the medical necessity to be off work for at least 90 continuous
working hours (approximately 10 working days); and
3. An employee shall be required to exhaust all of his/her available leave
balances, inclusive of any balances accrued during the most recent
pay period, if the employee is anticipated to be on a doctor approved
medical leave for the time stated in the physician's off-work order
C All medical documentation submitted to or otherwise obtained by the
District shall be made a part of the employee's confidential medical file in
the Human Resources Department and shall thereafter be covered by the
Privacy Act. The District shall protect privacy and confidentiality.
However, a Recipient Employee who chooses at his/her own discretion to
make such fact or any other medical facts known to others such that the
District's guarantee of confidentiality is then compromised cannot hold the
District liable for failure to maintain such privacy and confidentiality
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350835.1 Y0030-008
D A written request for receipt of transferred leave by the employee
experiencing the catastrophic illness or injury must be submitted to the
Human Resources Manager for approval.
E. The Human Resources Manager will notify each employee requesting
donated leave through this policy of the decision to approve the request
for donated time.
F For the purpose of this policy, employees who have requested and been
authorized to receive leave donations will be referred to as Recipient
Employees.
G. Transfer of Leave
1 Any regular full-time District employee desiring to donate leave time
will need to complete a Donation of Accrued Leave Form (Exhibit
B) indicating the number of leave hours to be donated and the
name of the individual to receive the donated leave hours. All
donations shall be voluntary and confidential (and the donor shall
not receive any remuneration from the employee or representative
of the employee).
2. Donor Employees may, on a voluntary and confidential basis,
donate vacation, alternate, compensatory leave and/or
administrative leave, to more than one recipient employee at the
same time in increments of at least two (2) hours for each recipient
employee.
3. Donor Employees donating hours under this policy must maintain:
a. A minimum of 40 hours vacation time after donation. If the
offered donation would result in a vacation time balance
below 40 hours, only those hours in excess of the hours
necessary to maintain the 40 hour minimum will be eligible
for donation.
b. A minimum of 20 hours alternate time after donation. If the
offered donation would result in an alternate time balance
below 20 hours, only those hours in excess of the hours
necessary to maintain the 20 hour minimum will be eligible
for donation.
C. A minimum of 20 hours of compensatory time after donation.
If the offered donation would result in a compensatory time
balance below 20 hours, only those hours in excess of the
hours necessary to maintain the 20 hours minimum will be
eligible for donation.
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350835.1 Y0030.008
4 Donated leave hours will be distributed to Recipient Employees as
made available by Donor Employees. However, no more than 80
hours will be distributed to any Recipient Employee during a bi-
weekly pay period. Benefits received under this policy will be
considered gross income and will be regulated according to
applicable IRS rules. Such gross income may affect the amount of
income received from other compensation programs provided by
the employer
5 The donated hours will be converted to dollars at the hourly rate of
the donor The dollars shall then be converted to sick leave at the
hourly rate of the recipient of the donation. The appropriate hours
of sick leave will then be credited to the recipient for use during the
catastrophic illness or injury leave.
6. Recipient Employees utilizing leave donated to him/her pursuant to
this Policy shall continue to earn all benefits, leave accruals,
seniority, retirement credit, etc. as provided for under his/her
respective (bargaining) agreement.
H. Processing of Donated Hours
1 The Donor Employee shall submit the Donation of Accrued Leave
Form to the Human Resources Department. Human Resources (or
Payroll) will verify that the Donor Employee has sufficient vacation,
alternate, compensatory; and/or administrative leave time to make
the donation. If the Donor Employee has insufficient hours, the
Donation of Accrued Leave Form will be returned to the Donor
Human Resources will ensure all requests to donate leave hours
are in accordance with the guidelines of this policy The Donor
Employee shall designate from which types of leave accruals; the
donation shall be made.
2. The Human Resources Department will notify the Recipient
Employee of the initial and future donations in writing. The names
of the Donor Employees and amount donated will remain
confidential.
3. The Payroll division will reduce the Donor Employee's designated
accrued leave balance(s) by the number of hours donated.
4 To the extent that there are multiple donors for any one recipient,
distributions to any one recipient shall be in equal amounts from
each donor, to the extent sufficient individual donor hours exist.
For example, assume there are five donors for recipient employee
"A," with one of the five donors having donated 10 hours, and the
other 4 donors having donated 2 hours each. Employee "A" is to
be provided with a 10 hour distribution. Two hours would be
deducted from each of the five donor accounts, resulting in one
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350835.1 Y0030-008
1
remaining donor account of eight hours. This eight hour amount is
available for the next distribution.
5 The Payroll division will determine the value of the time donation
based on the Recipient Employee's current hourly rate.
a. A timecard will be generated for the Recipient Employee by
their department manager with assistance from Human
Resources identifying the donated hours for a specific pay
period. Payroll will then process the timecard on the next
available payroll. A check will be processed for the Recipient
Employee as a regular payroll check and will be subject to
applicable IRS regulations.
b. The check will be mailed to the Recipient Employee's home
unless other arrangements are made in advance with the
Payroll division.
6. In the event an employee has reached an unpaid status, no future
donations shall be processed for said catastrophic illness or injury
4.0 RESPONSIBILITY ASSIGNMENTS
RECIPIENT EMPLOYEE. Responsible for submitting a written request to
the Human Resources Manager for approval.
Responsible to provide the Human Resources
Manager or designated representative with all
documentation required in Section 3.0 of this
Policy
Responsible to approve any solicitation of
donors by signing a copy of Exhibit A, Approval
of Solicitation for Donated Leave form.
DONOR EMPLOYEE. Responsible to approve the donation of his/her
leave by signing a copy of Exhibit B, Donation
of Accrued Leave form.
Responsible for submitting the Donation of
accrued Leave form to the Human Resources
Department by the Monday of a payroll week.
HUMAN RESOURCES: Responsible to coordinate and approve the
transfer of leave time between Donor and
Recipient Employees.
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350835.1 Y0030-008
Responsible to verify that employees only
donate leave as provided for in Section 3.0 of
this policy
Responsible to administer this policy and to
periodically review and update said policy
PAYROLL DEPARTMENT Responsible to adjust individual leave
balances.
5.0 EXHIBITS
Exhibit A - Approval of Solicitation for Donated Leave Form
Exhibit B - Donation of Accrued Leave Form
Exhibit C - Emergency Leave Policy Acknowledgement Form
Approved:
~ ~~ October 21, 2009
Kenneth R. Vecchiarelli Date
General Manager
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350835.1 Y0030-008
Exhibit A
Yorba Linda
Water District
APPROVAL OF SOLICITATIONS FOR DONATED LEAVE
As an employee who qualifies for the receipt of leave donated by other District
employees, I hereby authorize the Human Resources Manager and/or
designated representative to work with my representative, Name:
, regarding the solicitation of donations on my
behalf I understand that in order to solicit donations, it might be necessary for
the above individual representative designated by me, to release my name and
the medical emergency which requires this solicitation and hereby authorize the
release of said information.
As a recipient of donated leave, I understand that certain conditions must be met
before I can receive said donated leave and acknowledge that I have met all of
those conditions as provided for under Emergency Leave Policy No. 7010-09-05.
Additionally, I agree that to the extent that I am in receipt of State Disability, long
term disability, workers compensation benefits, and/or any other disability related
insurance benefits, I shall fully reimburse the donor accounts with said insurance
benefits.
Print Employee's Name
Employee's Signature
Date Signed
I have private disability insurance: Yes ❑ No ❑
Having verified that the above named employee meets all the conditions for
receiving donated leave from other District employees, I hereby authorize them
to solicit leave on said employee's behalf
Human Resources Manager Date Signed
Distribution: Employee's Personnel File
Payroll
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350835.1 Y0030.008
Exhibit B
Yorba Linda
Water District
DONATION OF ACCRUED LEAVE
I hereby voluntarily authorize the transfer of the following leave amounts from my
leave balance(s) to I understand that said
transfer is to assist a District employee who qualifies under the Emergency
Leave Policy No. 7010-09-05 to receive leave from other employees due to
medical emergencies. I understand that I cannot rescind this transfer, and I lose
all rights to utilize the leave amounts once they have been transferred.
The donation of leave is being made voluntarily, and I have not been offered nor
accepted any remuneration for making this donation.
Type of Leave Hours
Vacation Leave
Alternate Leave
Compensatory Leave
Administrative Leave
Print Employee's Name Date Signed
Employee's Signature
Having verified that the above named employee meets all the conditions for
donating leave, I hereby authorize the transfer of those hours of donated leave
indicated above to employee's sick leave
accrual.
Human Resources Manager Date Signed
Posted to the recipient employee's sick leave accrual on
200_, by
Distribution: Employee's Personnel File
Payroll
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350835.1 Y0030-008
7010-09-05
Exhibit C
Yorba Linda
Water District
Emergency Leave Policy
Acknowledgement Form
I acknowledge that I have received and read the provisions contained in this
Emergency Leave Policy I understand that it is my responsibility to consult my
supervisor or the Human Resources Department if I have any questions that are
not answered in the Policy
I also understand that the provisions in this Policy are guidelines and may not
address all circumstances that may arise. In such case, the Human Resources
Department shall apply the Policy based on factors including but not limited to:
past practices, rules of statutory interpretation.
EMPLOYEE'S NAME (printed):
EMPLOYEE'S SIGNATURE.
DATE.
Distribution: Original to Personnel File
Copy: Employee
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350835.1 Y0030-008