HomeMy WebLinkAbout2021-08-10 - Resolution No. 2021-34 RESOLUTION NO. 2021-34
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE DISTRICT AND THE
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
FOR THE REMAINDER OF FISCAL YEARS 2022-23
WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted
the Memorandum of Understanding (MOU) between the District and the
Yorba Linda Water District Employees Association (Association) for Fiscal
Years 2018-23 (Resolution No. 18-10).
WHEREAS, the Board of Directors adopts amendments to the MOU and associated
Exhibits from time to time.
WHEREAS, the Board of Directors desires to further amend throughout the entire MOU
the title of Human Resources/Risk and Safety Manager to Human
Resources and Risk Manager.
WHEREAS, the Board of Directors desires to further amend Section 6.02, Section 7.01,
and Section 9.02 of the MOU to allow employees to accrue vacation leave
over their total annual maximum due to business necessity or medical leave
of absence at the sole discretion of the General Manager.
WHEREAS, the Board of Directors desires to further amend Exhibit A of the MOU to
include the title of Water Quality Technician II which was inadvertently left
off in previous amendments.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Resolution No. 2021-34 Amending the MOU and Exhibit A 1
SECTION 1. That effective July 1, 2021, the title of Human Resources/Risk and Safety
Manager and Sections 6.02, 7.01, and 9.02 of the Memorandum of
Understanding between the District and the Yorba Linda Water District
Employees Association for Fiscal Years 2018-23 be amended to read as
attached hereto and by this reference incorporated herein.
SECTION 2. That effective July 1, 2021, Exhibit A of the Memorandum of Understanding
between the District and the Yorba Linda Water District Employees
Association for Fiscal Years 2018-23 be amended to read as attached
hereto and by this reference incorporated herein.
PASSED AND ADOPTED this 10th day of August 2021 by the following called vote:
AYES: Directors DesRoches, Jones, Lindsey, and Miller
NOES: None
ABSTAIN: None
ABSENT: Director Hawkins
J. Wayn Miller, PhD, Vice President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
An rew B. Ga n, Esq.
Kidman Gagen Law LLP
Resolution No. 2021-34 Amending the MOU and Exhibit A 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
YORBA LINDA WATER DISTRICT
AND
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
JULY 1, 2018 THROUGH JUNE 30, 2023
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Table of Contents
ARTICLE I – MANAGEMENT RIGHTS ...................................................................................... 1
Section 1.01 – General .......................................................................................................... 1
ARTICLE II – RECOGNITION .................................................................................................... 1
Section 2.01 – General .......................................................................................................... 1
Section 2.02 – Agency Shop .................................................................................................. 1
Section 2.03 – New Employees ............................................................................................. 2
Section 2.04 – Current Employees ......................................................................................... 2
ARTICLE III – DEFINITIONS ..................................................................................................... 2
Section 3.01 – Definitions ...................................................................................................... 2
ARTICLE IV – CLASSIFICATION AND COMPENSATION ........................................................ 6
Section 4.01 – Compensation ................................................................................................ 6
Section 4.02 – Classification Revision and Reclassification ................................................... 6
Section 4.03 – Request for Classification Review .................................................................. 7
Section 4.04 – Salary Schedules ........................................................................................... 7
Section 4.05 – Salary Step for New Employees ..................................................................... 8
Section 4.06 – Probation ........................................................................................................ 8
Section 4.07 – Merit Increases ............................................................................................... 9
Section 4.08 – Salary on Promotion ......................................................................................10
Section 4.09 – Salary on Transfer .........................................................................................10
Section 4.10 – Salary on Demotion .......................................................................................10
Section 4.11 – Salary on Position Reclassification ................................................................11
Section 4.12 – Acting Pay .....................................................................................................11
ARTICLE V – EMPLOYEE BENEFITS ......................................................................................13
Section 5.01 – Retirement System ........................................................................................13
Section 5.02 – Employee CalPERS Contribution Rate and Formula .....................................13
Section 5.03 – Deferred Compensation ................................................................................14
Section 5.04 – Medical Insurance .........................................................................................14
Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D) ..............14
Section 5.06 – Supplemental Life Insurance and Accidental Death and Dismemberment
(AD&D) .................................................................................................................................14
Section 5.07 – Long-Term Disability .....................................................................................15
Section 5.08 – Short Term Disability .....................................................................................15
Section 5.09 – Dental Insurance ...........................................................................................15
Section 5.10 – Vision Coverage ............................................................................................15
Section 5.11 – Cafeteria Plan ...............................................................................................15
Section 5.12 – Employee Assistance Program (EAP) ...........................................................16
Section 5.13 – Retiree Insurance Benefits ............................................................................16
Section 5.14 – Benefits Payroll Deduction ............................................................................17
ARTICLE VI – MISCELLANEOUS BENEFITS ..........................................................................17
Section 6.01 – Safety Boot Allowance ...................................................................................17
Section 6.02 – Certificate Pay ...............................................................................................18
Section 6.03 – Education Reimbursement ............................................................................19
Section 6.04 – Commercial Driver’s License Pay ..................................................................20
Section 6.05 – Uniforms ........................................................................................................20
ARTICLE VII – WORK SCHEDULE ..........................................................................................20
Section 7.01 – Work Week ...................................................................................................20
Section 7.02 – Overtime ........................................................................................................23
Section 7.03 – Overtime Pay.................................................................................................23
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Section 7.04 – Compensatory Time ......................................................................................23
Section 7.05 – Fatigue Accommodation ................................................................................24
Section 7.06 – Meals During Emergency Service..................................................................25
Section 7.07 – Rest Period ...................................................................................................25
Section 7.08 – Standby Compensation .................................................................................25
Section 7.09 – Call-Out Compensation .................................................................................26
ARTICLE VIII – CONCERTED ACTIVITIES ..............................................................................28
Section 8.01 – General .........................................................................................................28
ARTICLE IX – LEAVES ............................................................................................................28
Section 9.01 – Holidays ........................................................................................................28
Section 9.02 – Vacation Leave ..............................................................................................29
Section 9.03 – Sick Leave .....................................................................................................30
Section 9.04 – Disability Leave .............................................................................................32
Section 9.05 – Bereavement Leave ......................................................................................32
Section 9.06 – Unpaid Leave of Absence .............................................................................32
Section 9.07 – Voting Leave .................................................................................................33
Section 9.08 – Jury Duty/Court Testimony ............................................................................33
Section 9.09 – Military Leave ................................................................................................34
Section 9.10 – Alt Time .........................................................................................................34
ARTICLE X – LAYOFF PROCEDURES ....................................................................................34
Section 10.01 – Elimination of Position .................................................................................34
Section 10.02 – Layoff Procedure .........................................................................................34
Section 10.03 – Reemployment ............................................................................................35
Section 10.04 – Salary Upon Reemployment After Layoff .....................................................36
ARTICLE XI – EMPLOYEE DISCIPLINE ..................................................................................36
Section 11.01 – Cause for Discipline.....................................................................................36
Section 11.02 – Types of Actions ..........................................................................................38
Section 11.03 – Progressive Steps .......................................................................................38
Section 11.04 – Disciplinary Procedure .................................................................................39
Section 11.05 – Appeal of Disciplinary Action .......................................................................40
Section 11.06 – Placement in Personnel File ........................................................................42
Section 11.07 – Employee Acknowledgement ......................................................................42
Section 11.08 – Paid Administrative Leave ...........................................................................42
Section 11.09 – Job Abandonment .......................................................................................42
ARTICLE XII – GRIEVANCE PROCEDURE .............................................................................43
Section 12.01 – Purpose .......................................................................................................43
Section 12.02 – Matters Subject to the Grievance Procedure ...............................................43
Section 12.03 – Informal Grievance Adjustment ...................................................................43
Section 12.04 – Formal Grievance Procedure .......................................................................44
Section 12.05 – General Conditions ......................................................................................44
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MEMORANDUM OF UNDERSTANDING
BETWEEN
YORBA LINDA WATER DISTRICT
AND
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
JULY 1, 2018 THROUGH JUNE 30, 2023
In accordance with the provisions of the Meyers-Milias Brown Act, California
Government Code section 3500, et seq., and the Yorba Linda W ater District Employee-
Employer Relations Resolution (“EERR”), representatives of Yorba Linda Water District
(“District”) and the Yorba Linda Water District Employees Association (“Association”)
have met and conferred in good faith and have reached agreeme nt on salaries, wages,
hours, and other terms and conditions of employment , as set forth below in this
memorandum of understanding (“MOU”), which shall be effective July 1, 2018, unless
otherwise noted, through June 30, 2023.
ARTICLE I – MANAGEMENT RIGHTS
Section 1.01 – General
All rights not clearly and expressly limited by this MOU are expressly reserved to
the District. The express provisions of this MOU constitute the only limitations upon the
District’s rights to determine, implement, supplement, c hange, 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, provided however, that the
District shall meet and confer, to the extent required by law, regarding the impact of its
exercise of such rights.
ARTICLE II – RECOGNITION
Section 2.01 – General
The District recognizes the Association as the exclusive bargaining
representative for the bargaining unit consisting of the classifications enumerated in
Exhibit “A” and specifically excludes professional, confidential, and management
positions. Provisions of the MOU also exclude part -time, temporary, limited term,
contract or intern personnel unless specifically noted in this MOU, District Policy or
individual contract.
Section 2.02 – Agency Shop
An agency shop provision is in effect at the District for the Association as a result
of an employee election pursuant to state law. This requires all employees, as a
condition of employment, do one of the following: join the Association and pay biweekly
dues, pay a service fee equivalent to the biweekly dues amount to the Association
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without becoming a member or execute a written declaration claiming a religious
exemption and pay an amount equal to the biweekly dues to a charitable organization.
Payment of dues are automatically deducted from an employee’s paycheck and
submitted to the Association. The Association shall be fully responsible for expending
funds received under this provision con sistent with all legal requirements for
expenditures of employee dues which are applicable to public sector labor
organizations. The Association shall indemnify, defend and hold the District harmless
against any liability arising from any claims, demands, or other action relating to the
District’s compliance with this provision.
Section 2.03 – New Employees
The District will notify the Association of the hiring of any new employee within
the bargaining unit within ten (10) calendar days prior to the employee’s start date, if
reasonably foreseeable. The District will provide the Association with the name,
classification title, department, work location, home address (if available), personal
email address (if available), work phone, personal cell phone (if available) and home
phone number (if available) on file with the District of the new employee within thirty
(30) calendar days after hiring the employee. In addition, the District will provide the
employee a copy of this MOU and Agency Shop application. The Association will have
the opportunity to meet with new employees for at least 15 minutes during the New
Employee Orientation.
Section 2.04 – Current Employees
The District shall provide via email to the Association a quarterly list of all
employees in the bargaining unit, including name, classification title, department, work
location, home address (if available), personal email address (if available), work phone,
personal cell phone (if available) and home phone number (if available) on file with the
District.
ARTICLE III – DEFINITIONS
Section 3.01 – Definitions
The following terms as used in this MOU shall, unless the context clearly
indicates otherwise, have the respective meanings described below:
CLASSIFICATION: All positions sufficiently similar in duties, authority, responsibility
and working conditions to permit grouping under common title and the application of
common standards of selection, transfer, promotion and salary.
CONTINUOUS SERVICE: The service of an employee in a payroll status without
interruption except for authorized leave (s) of absence from date of hire.
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DAY: One calendar day, unless expressly noted otherwise.
DEMOTION: The voluntary or involuntary transfer of an employee from one
classification to another classification with a lower salary grade.
DEPARTMENT HEAD: One who functions directly under the authority of the General
Manager and Assistant General Manager, has direct responsibility for a particular
department or major function, and manages its staff, policies and budget.
DISCIPLINARY ACTION: The discharge, demotion, reduction of pay, suspension, or
the issuance of a written reprimand or formal warning. A performance evaluation is not
a disciplinary action, regardless of the rating.
ELIGIBLE: A person whose name is on an employment list, promotional list or
reemployment list.
EMPLOYEE: An individual within a classification included in Exhibit “A.” Regardless of
duties, anybody whom the District deems an independent contractor or volunteer shall
not be considered an “employee” for purposes of this MOU.
EMPLOYMENT LIST:
A. Eligibility List -- A list of candidates who have qualified in an examination
open to all qualified individuals and who are eligible for appointment.
B. Promotional -- A list of candidates who have qualified in an examination
open only to qualified District employees and who are eligible for
appointment.
C. Reemployment -- A list of former employees who have been laid off and
who are eligible for reemployment in his/her former classification or in a
comparable classification carrying the same or lower maximum rate of
pay.
D. Reinstatement -- A list of former employees who resigned from the District
in good standing and who are eligible for reinstatement to his/her former
classification carrying the same or lower maximum rate of pay.
EXEMPT EMPLOYEE: An employee who is exempt from the overtime payment
provisions of FLSA.
FAIR LABOR STANDARDS ACT (FLSA): The Federal Law which guarantees non-
exempt employees pay at one and one-half (1½) times for working overtime.
FISCAL YEAR: A twelve month period from July 1 to June 30 in which the District
plans, budgets, appropriates and expends its funds.
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FULL-TIME POSITION: A position requiring the incumbent to work forty hours or more
per week.
GRIEVANCE: A claim by a regular employee that the District has violated,
misrepresented or misapplied an obligation to the employee, as expressed in the
Memorandum of Understanding or other administrative rules, policy, procedures or
regulations. Disciplinary actions, the content of performance evaluations, failure of
probation, merit increases, reclassification, layoff, transfer or challenges to
examinations or appointment are not subject to the grievance procedure. The grievance
procedure shall not be used to establish new policies or change any existing rules.
GRIEVANCE PROCEDURE: The process by which the validity of a grievance is
determined.
IMMEDIATE FAMILY: Employee's spouse, domestic partner, parents, children
(stepchildren,) foster children, sisters, brothers, grandparents, grandchildren, mother-in-
law, father-in-law.
LAYOFF: Termination of employment due to elimination of position because of lack of
work or lack of available funding, reorganization or an action deemed by the Board to
be in the public interest.
LEAVE OF ABSENCE: Permission to be absent from work for a specified purpose,
with the right to return before or upon the expiration of the leave period.
MERIT INCREASE: An increase in the base pay rate of an employee from his/her
current Step to a higher Step in the salary Range established for his/her classification.
The amount of the merit increase is awarded based on the employee’s overall
performance rating as documented on the Performance Appraisal, not on longevity.
NON-EXEMPT EMPLOYEE: An employee who is covered by the overtime provisions
of FLSA.
OVERTIME: The time which an exempt or a non-exempt employee is required or
permitted to work beyond forty hours in a 7 day work period. Non-exempt employees
receive time and a half pay for the hours worked. Exempt non-management employees
receive an hour of pay for each hour worked .
PART-TIME POSITION: A position requiring the incumbent to work less than forty (40)
hours per week. Employees working less than thirty (30) hours per week serve at the
will of the General Manager, and may be terminated without cause or without hearing or
right of appeal. Employees working thirty (30) hours or more may receive some
benefits.
POSITION: A combination of duties assigned to be performed by one person.
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PROBATIONARY EMPLOYEE: An employee whose regular status is contingent upon
successful completion of a prescribed period of observation to determine that the
employee possesses the ability to perform the duties of the position. The original
probationary period is a 12 month working test period and the promotional probationary
period is a 6 month working test period , during which an employee is required to
demonstrate his/her ability to perform the duties of their position.
PROMOTION: The movement of an employee from one classification to another
classification with a higher rate of pay.
RECLASSIFICATION: The reassignment of a position from one classification title or
grade to a different classification title or grade in accordance with a reevalua tion of the
minimum qualifications, duties, and responsibilities of the position in question.
REGULAR FULL TIME EMPLOYEE/REGULAR PART TIME EMPLOYEE: An
employee who has completed the Probationary Period and is occupying a position
established on a continuing basis, as distinct from temporary employees who serve on
a seasonal or intermittent basis. A regular part time employee works thirty hours or
more and has completed probation.
SALARY SCHEDULE: An annual listing of the minimum through maximum salary
grades of pay for all defined District classifications, as prepared by the General
Manager and adopted by the Board of Directors.
SENIORITY: Seniority is defined as the length of continuous service in the employee's
present classification or in higher or equal classification regardless of the department to
which assigned.
SEPARATION: The separation of an employee from District service because of
retirement, resignation, termination, permanent disability, dismissal or death.
STEP: The various increm ents of a salary range, from minimum to maximum,
authorized for the subject classification.
SUSPENSION: An involuntary absence imposed by the General Manager for
disciplinary purposes or pending investigation or charges.
TEMPORARY EMPLOYEE: An employee in a position that is intended to be occupied
on less than a year-round basis including, but not limited to the following: to cover
seasonal peak workloads; emergency extra workloads of limited duration ; vacation
relief, paid sick leave or other situatio ns involving a fluctuating staff. Ordinarily, such
positions shall not be authorized for over six months. Temporary employees serve at
the will of the General Manager, and may be terminated without cause or without
hearing or right of appeal.
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TRANSFER: Change of an employee from one classification to another having the
same maximum salary and similar duties and basic qualifications.
WORK WEEK: A regularly reoccurring period of seven (7) consecutive twenty -four (24)
hour days.
ARTICLE IV – CLASSIFICATION AND COMPENSATION
Section 4.01 – Compensation
The following base salary increases are considered “persable” compensation and
lump sum payments are considered “non-persable” compensation.
A. On July 12, 2018, employees shall receive a 1% increase to his/her base
salary (Exhibit “B”). On November 15, 2018, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 10, 2018 multiplied by 2080.
B. On July 11, 2019, employees shall receive a 2% increase to his/her base
salary (Exhibit “C”). On November 14, 2019, employees shall receive a
lump sum payment equivalent to 1% of his/her current hourly rate of pay
as of November 9, 2019 multiplied by 2080.
C. On July 9, 2020, employees shall receive a 1% increase t o his/her base
salary (Exhibit “D”). On November 12, 2020, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 7, 2020 multiplied by 2080.
D. On July 8, 2021, employees shall receive a 2% increase to his/her base
salary (Exhibit “E”). On November 10, 2021, employees shall receive a
lump sum payment equivalent to 1% of his/her current hourly rate of pay
as of November 6, 2021 multiplied by 2080.
E. On July 7, 2022, employees shall receive a 1% increa se to his/her base
salary (Exhibit “F”). On November 10, 2022, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 5, 2022 multiplied by 2080.
Section 4.02 – Classification Revision and Reclassification
The classifications in Exhibit “A” may be amended, combined, or abolished and
new classifications set forth by the General Manager or a designated representative
thereof. In addition, any position may be reclassified to a different classificati on by the
General Manager, or designated representative(s) when there is a change in the duties
and responsibilities of the position or other sufficient cause. A demotion is not
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considered a non-voluntary reclassification of a position to a different classification and
is subject to a reduction in pay rate.
A. The General Manager or Human Resources and Risk Manager may
initiate, at any time, a study to determine the appropriateness of any
position's classification. The General Manager shall make the final
determination on all actions arising under this provision, subject to
ratification by the Board of Directors at the next available regular Board
meeting when the determination results in an amendment the list of
classifications in Exhibit “A”.
B. The District shall provide the bargaining unit an information copy of the
new classification specification for any proposed classification relevant to
that bargaining unit.
Section 4.03 – Request for Classification Review
A. A Department Head may, at any time, submit a request to the Human
Resources and Risk Manager for a review of an employee's position,
setting forth the reasons for the request. The Human Resources and Risk
Manager may conduct the review and make recommendations to the
General Manager. All such requests may be acted upon within sixty (60)
days of receipt. The decision of the General Manager shall be final
without right of grievance or further hearing, except in cases where action
by the Board of Directors' is required, in which case Board action shall be
final.
B. If an employee believes that his/her duties and responsibilities have
changed significantly, the employee may request a c lassification study of
his/her position. Such request must be submitted in writing to the
Association representative. An employee shall not submit a subsequent
request prior to 18 months after completion of any previous classification
review. The Association Representative may, up to five times per year,
submit a request to the Human Resources and Risk Manager for a review
of an employee's position, setting forth the reasons for the request. The
Human Resources and Risk Manager may conduct the review and make
recommendations to the General Manager. All such requests may be
acted upon within sixty (60) days of receipt.
Section 4.04 – Salary Schedules
For those employees who are employed as of the date of ratification of this
MOU, the salary schedules attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F” shall
be in effect for the duration of this MOU.
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Section 4.05 – Salary Step for New Employees
A new employee shall be paid at the first salary step in effect for the
classification, unless the General Manager or a designated representative thereof
approves a higher salary step based on the District’s recruitment needs.
Section 4.06 – Probation
A. Original Probation: A newly hired employee shall be subject to a twelve
(12) month original probationary period.
1. During the original probationary period, an employee may receive a
performance evaluation at the end of the employee’s first three
months and/or six months of employment and one month prior to
the completion of the new employee’s 12 -month probationary
period. A corresponding personnel action fact sheet will be
completed if an employee passes his/her original probation.
2. Failure of Probation: During the original probationary period, an
employee may be released from employment at any time without
right of appeal or hearing.
B. Promotional Probation: An existing employee , upon promotion in
classification, shall serve a six (6) month term of probation in the
promotional classification.
1. An employee on a promotional probation may receive a
performance evaluation at the end of the six (6) months from date
of the promotion. A corresponding personnel action fact sheet will
be completed if an employee passes his/her promoti onal probation.
2. Failure of Probation: At any time during the promotional
probationary period, an employee may be returned to the
classification from which he/she promoted, subject to there existing
a vacancy within such classification. If the employee is discharged
for cause or resigns, this shall bar a return to the classification from
which he/she promoted.
C. Extension of Probation: Should the Department Head, Human Resources
and Risk Manager and General Manager determine that a longer period of
probation should be required, the appointee shall be informed in writing of
the amount of extension and the reasons for the extension. Extensions
shall not exceed six (6) months. Only one extension shall be granted.
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D. Leave of Absence: The taking of a leave of absence shall automatically
cause the employee's probationary period to be extended by the length of
the leave where such leave exceeds fifteen (15) calendar days.
Section 4.07 – Merit Increases
The advancement of an employee within a classification shall be dependent on
the employee exhibiting increased knowledge, skills, and abilities, coupled with
meritorious performance. The employee’s supervisor shall evaluate the employee’s
performance and if merited, recommend a merit-based step increase. The increase
shall not be automatic but may be granted only for continued or sustained improvement
by the employee in the effective performance of the duties of his/her position as
determined within the District’s sole discretion.
The District has an eleven (11) step salary schedule with approximately 2.5%
salary difference between steps and 5% salary difference between ranges.
A. Each employee will be reviewed annually following completion of his/her
probationary period. The District utilizes the following ratings for
performance evaluations: “Unsatisfactory,” “Needs Improvement,” “Meets
Expectations,” “Exceeds Expectations,” and “Outstanding.”
B. An employee who receives an overall performance rating of “Exceeds
Expectations” no “Unsatisfactory” ratings, and no more than two (2)
“Needs Improvement” ratings on his/her evaluation shall receive a one (1)
step merit increase.
C. An employee who receives an overall performance rating of
“Outstanding,” no “Unsatisfactory” ratings and no “Needs Improvement”
ratings on his/her evaluation, shall receive a two (2) step merit increase.
D. The resulting rate of pay shall not exceed the rate of pay corresponding to
Step 11 for the classification.
E. The District shall endeavor to have performance reviews completed by the
employee’s performance review date. The effective date of any resulting
merit increase shall be the first day of the first full pay period that starts
after the employee's review date. If the evaluation is delayed, any merit
increase resulting from the performance review, shall apply retroactively
effective the date on which the increase would have otherwise have taken
effect.
F. An early merit increase may be granted to an employee who has exhibited
an overall performance rating of Outstanding with the approval of the
General Manager, or designated representative(s). The scheduled date
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of the next merit increase shall be upon completion of one (1) year from
the date of the early merit increase.
G. An employee on an authorized leave of absence that exceeds thirty (30)
continuous calendar days (fifteen (15) continuous calendar days for
probationary employees), other than for military leave, shall have his/her
performance appraisal and merit increase date extended by the number
of calendar days he/she was on leave.
H. Final approval of all merit increases rests with the General Manager, or a
designated representative thereof, whose decision shall be final and not
subject to a right of grievance or appeal. It shall be the respon sibility of
the Human Resources and Risk Manager and Department Head to
ensure that the required performance evaluation is submitted in a timely
and complete fashion. In no event shall a merit increase be granted
before the requirements of this provision have been satisfied.
Section 4.08 – Salary on Promotion
Upon promotion to a classification with a higher salary range than that for the
classification held immediately prior to the promotion, the promoted employee’s salary
shall be at the salary step numerically closest, whether upward or downward, to 5%
above the salary step applicable to the employee immediately prior to the promotion.
The employee shall be given a new merit review date for purposes of future
salary step advancements, which shall be based upon the effective date of promotion.
Section 4.09 – Salary on Transfer
An employee who is transferred from one position to another in a class ification
having the same salary range as the classification they formerly occupied shall be
compensated at the same step in the salary range. The employee's merit review date
shall not change.
Section 4.10 – Salary on Demotion
A. INVOLUNTARY DEMOTION: An involuntary demotion shall be
considered a disciplinary action and shall be subject to the provisions of
Article XI.
B. VOLUNTARY DEMOTION: An employee who is demoted at their request
or upon mutual agreement shall receive the highest salary in the new
classification that does not exceed the employee's rate of pay immediately
prior to the voluntary demotion. The employee's merit review date shall
not change.
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Section 4.11 – Salary on Position Reclassification
When an employee's position is reclassified and the employee is appointed to
the new position, his/her salary shall be determined as follows:
A. HIGHER CLASSIFICATION: An employee who is reclassified into a
classification with a higher salary range than the previous classification,
the employee's salary and merit increase date shall be set in the same
manner as if they had been promoted.
B. EQUIVALENT CLASSIFICATION: An employee who is reclassified into a
classification with a same salary range as the previous classification, the
employee’s merit increase date shall not change.
C. LOWER CLASSIFICATION: An employee who is reclassified into a
classification with a lower salary range than the previous classification
shall receive the highest salary in the new classification that does not
exceed the employee's rate of pay immediately prior to the
reclassification. The employee’s merit increase date shall not change.
Section 4.12 – Acting Pay
Upon recommendation of the Department head and Human Resources and Risk
Manager, the General Manager may temporarily appoint an employee to assume the
duties of a higher job classification and shall be designated as "Acting." An employee
who is designated as acting shall receive a minimum increase to the step closest to 5%
above the step held by the employee immediately prior to the acting position, or shall be
placed on Step 1 of the range established for the acting position, whichever is higher;
however, the employee's rate shall not exceed Step 11 of the range established for the
acting position at any time. An employee shall receive acting pay until officially
released of those duties with the following conditions:
A. Compensation shall be requested in writing, outlining the circumstances,
and is subject to the approval of the Human Resources and Risk
Manager.
B. Acting pay will be effective when the acting appointment begins.
C. An employee shall receive acting pay for a maximum of 960 hours per
fiscal year.
D. If the employee is scheduled to receive a merit increase for the po sition in
which he/she normally fills while serving in an acting status, the necessary
forms shall be completed to document such increase, and such increase
shall be implemented upon completion of acting status.
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E. The employee's merit increase date shall not be affected by acting status
unless he/she is appointed to the position in which he/she was acting. If
such, his/her review date shall be adjusted to coincide with the date
he/she started in the Acting position or as provided in Section 4.12.G.
F. If the employee is scheduled to receive any type of payout that was
earned for the position in which he/she normally fills while serving in an
acting status, the employee shall be paid out at the rate of pay equivalent
to the position in which he/she normally fills.
G. If an employee who is receiving acting pay is promoted to permanently fill
the position in which he/she is acting, the date from which the employee
began receiving acting pay shall be credited to the employee's t otal time
worked in the position. Following the promotion, the employee's merit
increase, if applicable, will be awarded at the conclusion of the
promotional probationary period (including all time he/she was receiving
acting pay). All subsequent merit increases will be awarded upon
completion of twenty-six (26) complete pay periods.
H. Dual Acting Exceptions: If an employee continues to perform the job
duties for the position he/she normally fills as well as the duties of the
acting classification the following conditions shall apply:
1. Acting pay shall not be reported to CalPERS as special
compensation, and therefore is not compensation earnable
pursuant to California Public Employees’ Retirement System
(CalPERS) Regulations, Section 571.
2. All overtime hours worked shall be paid at one and one half (1½)
times his/her hourly rate of pay for the position he/she normally fills.
3. An employee scheduled to receive a merit increase for the position
in which he/she normally fills shall receive such increase as
scheduled to his/her hourly rate of pay in the position he/she
normally fills.
4. An employee shall receive acting pay for a maximum of twenty -six
(26) consecutive pay periods. Under special circumstances, the
General Manager may authorize an extension to meet the needs of
the District.
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ARTICLE V – EMPLOYEE BENEFITS
Section 5.01 – Retirement System
The District participates in the California Public Employees’ Retirement System
(CalPERS). Eligible employees are required to participate in accordance with the rules
of CalPERS. At its option, the District may change its retirement system provider upon
adoption by the Board of Directors. Prior to any changes in retirement benefits, those
eligible for retirement must be notified at least 90 days in advance. The CalPERS
retirement benefits are available to employees working at least 1,000 hours in a fiscal
year.
Section 5.02 – Employee CalPERS Contribution Rate and Formula
A. Employees hired prior to January 26, 2012 are Tier 1 employees who are
enrolled in the 2% at 55 retirement formula with a one year (12 month)
final compensation period. Employees pay the full employee contribution
rate, which is 7% of pensionable compensation.
B. Employees hired between January 26, 2012 and December 31, 2012,
and any District employees hired on or after January 1, 2013 who are
defined as “classic members” are Tier 2 employees who are enrolled in
the 2% at 60 retirement formula with a one year (12 month) final
compensation period. Employees pay the full employee contribution
rate, which is 7% of pensionable compensation.
C. Employees hired on or after January 1, 2013 who are defined as “new
members” under the Public Employees’ Pension Reform Act of 2013
(PEPRA) are Tier 3 employees who are enrolled in the 2% at 62 (or 2.5%
at 67) retirement formula with a three year (36 month) final compensation
period. Employees may designate the highest 36 month period.
Employees will pay one-half (½) of his/her total normal cost rate as
determined by CalPERS.
D. The District’s contract with CalPERS includes the following items: Level
4 1959 Survivor Benefit, Annual Cost-of-Living Allowance Increase up to
2%, Prior Service, Military Service Credit as Public Service, Military
Service Credit for Retired Persons, Public Service Credit for Peace
Corps, AmeriCorps VISTA, or AmeriCorps Service, Public Service Credit
for Periods of Layoff, Pre-Retirement Option 2W Death Benefit, Pre-
Retirement Death Benefits to continue after remarriage of survivor, $500
Retired Death Benefit, Local System Service Credit i ncluded in Basic
Death Benefit, Local System Transfer, and Unused Sick Leave Credit.
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Section 5.03 – Deferred Compensation
The District will match dollar for dollar not to exceed 2% base salary earned per
payroll period of an employee’s base salary or the employee’s actual amount of
deferred compensation per payroll period, whichever amount is lesser for employees
who are regularly schedule to work in excess of 30 hours per week.
Section 5.04 – Medical Insurance
The District shall pay 100% of the premium for medical insurance for employees
who are regularly schedule to work in excess of 30 hours per week, effective the first of
the month following the employee’s date of hire, and ⅔ of the additional premium
toward employee dependent coverage for covered employees with any dependents
subject to the provisions of any contract between the District and any company or
companies of the District’s choosing. The employee shall pay the cost of the difference
in premium, to be deducted from his/her salary to cover the employee’s ⅓ share of the
dependent coverage.
Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D)
In accordance with the provisions of the contract between the District and any
company of the District’s choosing providing such coverage, effective on the first day
of the month following his/her date of hire, the District shall provide group life insurance
and Accidental Death and Dismemberment (AD&D), in the amount of a one-time
payment equal to his/her basic annual salary rounded to the next higher multiple of
$1,000, for each employee under age 65. An employee who reaches age 65 will
have their coverage reduced to 65% of original amount. An employee who reaches
age 70 will have their coverage reduced to 50% of original amou nt.
Section 5.06 – Supplemental Life Insurance and Accidental Death and
Dismemberment (AD&D)
An employee may purchase additional life insurance and AD&D up to $500,000
by authorizing the additional premium to be deducted from his/her salary. In addition,
an employee may purchase coverage for their spouse, up to 100% of the employee’s
additional life insurance and AD&D amount. Some medical restrictions may apply. An
employee may purchase coverage for their children, up to $10,000. Children include
the employee’s natural children, legally adopted children, stepchildren and foster
children who depend on the employee for support. Eligible children must be unmarried
and between the ages of 14 days old up to age 21, or up to age 25 if a full -time student
at an accredited college/university. There are no medical restrictions for child
coverage.
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Section 5.07 – Long-Term Disability
The District shall provide a long-term disability plan for employees which has a
90-day elimination period and provides 67% of an employee’s monthly pre-disability
earnings up to a maximum of $7,000 per month 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.
Section 5.08 – Short Term Disability
The District shall provide a short-term disability plan for employees which has a
30-day elimination period up to an employee’s eligibility for Long -Term Disability and
provides 67% of an employee’s weekly pre-disability earnings up to a maximum of
$1500 per week for a designated period of nine weeks in accordance with coverage
procured by the District from a carrier to be determined at the District’s sole discretion.
Section 5.09 – Dental Insurance
The District shall pay 100% of the premium fo r dental insurance for employees
who are regularly scheduled to work in excess of 30 hours or more per week, effective
the first of the month following the employee’s date of hire, and ⅔ of the additional
premium toward employee dependent coverage for covered employees with any
dependents in accordance with the provisions of any contract between the District and
any company or companies of the District’s choosing. The employee shall pay the cost
of the difference in premium, to be deducted from his/her salary to cover the
employee’s ⅓ share of the dependent coverage.
Section 5.10 – Vision Coverage
The District shall pay 100% of the premium for vision insurance for employees
who are regularly scheduled to work in excess of 30 hours per week, effective the first
of the month following the employee’s date of hire, and ⅔ of the additional premium
toward employee dependent coverage for covered employees with any dependents, in
accordance with the provisions of any contract between the District and any company
or companies of the District’s choosing. The employee shall pay the cost of the
difference in premium, to be deducted from his/her salary to cover the employee’s ⅓
share of the dependent coverage.
Section 5.11 – Cafeteria Plan
The District provides a plan under Section 125 of the Internal Revenue Code to
employees.
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Section 5.12 – Employee Assistance Program (EAP)
Depending on budget and other considerations, the Dist rict may provide an
employee assistance program. The EAP provides counseling and other services to
assist employees and their families dealing with personal and emotional problems
which affect or might potentially affect their job performance. This couns eling is
provided through an outside third party company and is strictly confidential.
Section 5.13 – Retiree Insurance Benefits
For employees hired prior to December 8, 2011, and subject to carrier approval,
the District shall pay the amounts provided in Sections 5.04, 5.09, and 5.10 of this
Agreement for any employee who retires from the District . For every three (3) years of
service with the District, the retiree will receive the equivalent of one year of extended
benefits, or pro-ration thereof on a quarterly basis.
A. To be eligible for this benefit, the employee must at the time of retirement
or separation:
1. be regularly assigned to work 30 or more hours per week;
2. be at least 50 years of age;
3. have at least five (5) years of service with the District;
4. provide ninety (90) days’ notice of intent to retire; and
5. 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).
In addition, the employee must remain in retired status to maintain
eligibility.
B. If any benefit period remains when the retired employee and/or his/her
spouse reaches ages 65, whichever is latest, the coverage shall become
secondary to Medicare for the remainder of the benefit period.
C. The retired employee must make any contributions required of a regular
employee pursuant to Section 5.04, 5.09, and 5.10 prior to 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.
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D. Surviving Spouse/Dependent: If the retired employee dies while
receiving this benefit, the coverage will continue for the enrolled family
member until the surviving spouse remarries, the child no longer meets
all of the conditions of coverage , or the member enrolls in another group
medical plan.
E. 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.
F. Individuals hired on or after December 8, 2011, shall be ineligible to
receive this benefit.
Section 5.14 – Benefits Payroll Deduction
Subject to the singular exception of deducting employee health, dental, vision,
supplemental life and supplemental accidental death and dismemberment (AD&D)
insurance contributions over 24 payroll periods, the District employs 26 payroll periods
of two (2) weeks each as a means of distributing compensation.
Employee payroll deductions for the employee share of health, dental, vision,
supplemental life and supplemental accidental death and dismemberment (AD&D)
insurance premium contributions shall be amortized over 24 payroll periods and
deducted during said 24 payroll periods.
ARTICLE VI – MISCELLANEOUS BENEFITS
Section 6.01 – Safety Boot Allowance
An employee who is required to wear work footwear in the performance of
his/her job, as determined by the Department Manager, Human Resources and Risk
Manager, and/or Safety and Training Analyst, shall be eligible for District -purchased
safety footwear in an amount not to exceed $250 each fiscal year. Safety footwear
must meet American Society for Testing and Materials (ASTM) minimum compression
and impact performance standards in ASTM F2413 or provide equivalent protection.
Employees must purchase the shoes/boots from a District -approved vendor. Any
unused funds shall be forfeited at the end of each fiscal year.
Any employee who separates from District employment within thirty (30)
calendar days of purchasing safety footwear or receiving reimbursement for safety
footwear shall be required to reimburse the District f or the cost of the safety footwear
regardless of the reason for the employee’s separation from the District.
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If the Department Manager determines that a n employee’s safety footwear is no
longer safe, the employee’s Department Manager may replace the used footwear with
a new pair of safety footwear (up to $250). The employee will be required to submit the
used safety footwear to the District in exchange for the replacement safety footwear.
Section 6.02 – Certificate Pay
The District shall provide the below indicated certificate pay amounts where any
employee in the Plant Operator I/II, Maintenance Worker I/II/III, Assistant Engineer
I/II/III, Electrical/SCADA Technician, Field Customer Service Representative/Meters II,
Construction Inspector, Sr. Construction Inspector, Water Quality Technician I/II, and
Meter Reader I classifications has been issued a State Water Resources Control
Board (SWRCB) Distribution, SWRCB Treatment, and/or California Water
Environment Association (CWEA) Collection Certificate(s) that is above and beyond
the certification(s) required for his/her classification. As determined at the sole
discretion of the General Manager, the certificate(s) must be relevant to the
employee’s principal duties and must be above and beyond the requirement of the
employee’s classification.
A. In those instances where an employee has a Treatment, Distribution,
and/or Collection Certificate that is above and beyond the certification(s)
required for the employee’s classification, the District agrees to pay the
following certificate pay amounts on a biweekly basis. Employees will
receive no more than two (2) certificate pays per pay period.
TREATMENT
CERTIFICATE
DISTRIBUTION
CERTIFICATE
COLLECTIONS
CERTIFICATE
CERTIFICATE PAY
PER PAY PERIOD
T-1 D-1 C-1 $6.00/PP
T-2 D-2 C-2 $7.00/PP
T-3 D-3 C-3 $8.00/PP
T-4 D-4 C-4 $9.00/PP
T-5 D-5 N/A $10.00/PP
B. Subject to certificate pay being limited to a total of two (2) certificates,
each affected employee shall be eligible to receive, biweekly, the
combined total of the certificate pay amount that relates to any of the
above particular levels.
For example, an employee having been issued a T-3 certificate shall
receive an $8.00 biweekly certificate pay. An employee having been
issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. An
employee having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly
certificate pay. Where three or more certificates have been issued, the
two (2) certificates having the highest combined total shall be utilized to
determine the total certificate pay. As indicated above, certificate pay will
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only be paid for an issued certificate which is above the certification
required of the employee holding a specific classification. Thus, a Plant
Operator II having been issued a T -2 and a D-3 certificate shall receive
no certificate pay. A Plant Operator II having been issued a T -2 certificate
and a D-4 certificate shall receive a $9.00 biweekly certificate pay.
C. Individuals within the Mechanic I/II/III classifications are eligible for the
following certificate compensation upon being awarded specified
certificates issued by the National Institute for Automotive Service
Excellence (ASE).
It has been agreed by the parties that the following available ASE
certificates shall be deemed relevant to the employee’s principal duties.
Those certificates as defined by the ASE are:
Alternate Fuels Certification Test (F1)
Advanced Engine Performance Specialist Certification Test (L1)
Electronic Diesel Engine Diagnosis Specialist Certification Test
(L2)
Undercar Specialist Exhaust Systems Test (X1)
Any A1-A9 test certificate listed in the Automobile & Light Truck
Certification Tests (A Series)
Any E1-E3 test certificate listed in the Truck Equipment
Certification Tests (E Series)
Any T1-T8 test certificate listed in the Medium-Heavy Truck
Certification Tests (T Series)
W here these classified employees have been issued an ASE certificate
deemed by the General Manager to be relevant t o the employee’s
principal duties, the employee shall receive an $8.00 biweekly certificate
pay for each certificate, not to exceed two (2) certificates ($16.00
biweekly). The District agrees to pay the aforementioned certificate pay
amounts on a biweekly basis.
D. Payment by the District of any exam fees, certificate fees, renewal fees
or similar fees shall only be made following provision to the District of
evidence that the employee has successfully qualified for and been
awarded the pertinent certificate(s). The biweekly certificate pay(s) shall
be paid only while a certificate remains valid.
Section 6.03 – Education Reimbursement
The District shall provide pre-approved reimbursement for regular full time
employees to assist with the cost of tuition, fees, books and parking for undergraduate
and graduate level studies up to a Masters level coursework . As education
reimbursement each fiscal year, employees may, based upon level of enrollment,
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receive up to the equivalent of one academic year’s full-time undergraduate or
graduate tuition at California State University for an in-state resident.
To qualify for reimbursement, regular full time employees must successfully
complete a pre-approved course with a passing grade (C or better). In the event of a
“Credit/No Credit” Course, “Credit” will be considered a passing grade. Proof of
payment and successful completion of the course with a passing grade as indicated in
the District’s Educational Reimbursement Policy must accompany the Educational
Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement
Policy). The employee shall be responsible for any tax consequences as a result of
education reimbursement.
Once the degree is earned, the employee shall be required to complete three
(3) years of District employment from the date the degree is awarded. If, for any
reason, the employee separates from the District prior to the completion of three (3)
years, he/she shall be required to reimburse the District 1/3 of the total received
educational reimbursement for each year remaining. For example, an employee is
awarded his/her degree on June 1, 2018. If he/she separates from the District on
September 20, 2019, he/she shall reimburse the District 2/3 of the total received
educational reimbursement. If he/she separates from the District on September 20,
2020, he/she shall reimburse the District 1/3 of the total received educational
reimbursement.
Section 6.04 – Commercial Driver’s License Pay
An employee who has a valid California Class A Commercial Driver’s License in
the performance of their job, shall be eligible for a $23.00 biweekly premium pay.
Section 6.05 – Uniforms
The District provides a District-funded cleaning service for uniform pants and
shirts with the employee’s name and District logo. 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.
ARTICLE VII – WORK SCHEDULE
Section 7.01 – Work W eek
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays and leaves. All departments shall keep biweekly
timesheets of employees which must be reported in the form and on the dates
specified by the Human Resources and Risk Manager. Unless otherwise authorized
by a supervisor, employees are expected to be at work during all scheduled work
hours in order that the District may meet its work goals and objectives. Employees
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who are frequently late and/or absent shall be subject to discipline as outlined in Article
XI.
A. The regular work week for all employees covered by this MOU shall be
forty (40) hours as scheduled by department heads. It is expressl y
understood the department manager may schedule maintenance and
plant operation shifts which include evening, weekend and holiday work.
B. Paychecks will be distributed on the Thursday following the end of each
payroll period. Payroll periods shall be two (2) weeks long, commencing
on a Sunday and ending on the last Saturday of the two (2) week period.
If the Thursday payday falls on a holiday, the pay shall be distributed on
the prior day, a Wednesday.
C. 4/10 WORK SCHEDULE: Employees shall be assigned to a four (4) day
work week, consisting of ten (10) scheduled hours of work each day. The
parties agree, understand and acknowledge that management clearly
and unequivocally has the right to terminate the 4/10 schedule at any
time during the term of the MOU or after, and that any such termination
of the 4/10 schedule shall not be subject to the meet and confer process,
either as to the management decision being made and/or as to the
impact of that decision. In such case, the schedule shall revert to the
9/80 schedule as it existed prior to implementation of the 4/10 schedule
on December 31, 2011. Any District-proposed change to the 9/80
schedule shall be subject to the meet and confer process. The FLSA
work period for employees assigned to a 4/10 work schedule will begin at
Sunday at 12:00 a.m. and end the following Saturday at 11:59 p.m., and
recurring thereafter.
D. ALTERNATIVE WORK SCHEDULES: Work schedules of more than
eight hours within one day but not more than forty hours within a period
of seven consecutive days (9/80) may be scheduled by management to
meet the work needs of the District. Where it meets the needs of both
the District and the employee, an alternative work schedule may be
scheduled.
ALTERNATIVE WORK SCHEDULE OPTION 1: Employees working a
9/80 schedule shall work nine (9) hours per day on Monday through
Thursday, and eight (8) hours per day on alternating Fridays. Employees
shall have every other Friday off. For employees working a 9/80 work
schedule, each employee’s designated FLSA work period shall begin
exactly four hours after the start of their eight hour shift on the day of the
week that corresponds with the employee’s alternating regular day off.
The 9/80 work schedule is displayed as follows:
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SU MO TU WE TH FR SA
Off 4
(Start Workweek)
Off 9 9 9 9
Off
(End Workweek) Off Off
(Start Workweek)
Off 9 9 9 9
4
(End Workweek)
ALTERNATIVE WORK SCHEDULE OPTION 2: Employees working a
9/80 schedule shall work nine (9) hours per day on Tuesday through
Friday, and eight (8) hours per day on alternating Mondays. Employees
shall have every other Monday off. For employees working a 9/80 Option
2 work schedule, each employee’s designated FLSA work period shall
begin exactly four hours after the st art of their eight hour shift on the day
of the week that corresponds with the employee’s alternating regular day
off. The 9/80 work schedule is displayed as follows:
SU MO TU WE TH FR SA
9 9 9 9 Off 4
(Start Workweek)
Off
Off
(End Workweek) 9 9 9 9 Off Off
(Start Workweek)
Off
4
(End Workweek)
E. TIMESHEETS: All District employees must complete timesheets
showing hours worked and leave taken. They must be signed by the
employee, the employee's supervisor and Department Head or
designated representative(s). Notice of any corrections to the timesheets
shall be sent to the employee and Department Head. Such corrections
shall be deemed final unless questioned by the employee within thirty
(30) days after the notice of correction is given to the employee.
Unresolved matters may be taken to the General Manager for a final
determination.
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Section 7.02 – Overtime
An employee who may be asked to perform overtime shall be notified of the
apparent need for such overtime as soon as practicable prior to the commencement of
overtime.
Overtime opportunities shall be made available first on an equal basis to regular
full-time employees capable of performing the work. All overtime must be authorized
in advance by the employee’s Department Head, General Manager, or designated
representative(s).
All employees must accurately report all work time to the nearest five minutes.
Overtime is credited in fifteen minute increments; where an employee works 7 minutes
or more, the District will round up and pay for fifteen minutes; where an employee
works less than 7 minutes, the District will round down. Time worked as overtime shall
not be used to earn supplemental benefits or to serve out probation or merit increase
periods.
Section 7.03 – Overtime Pay
An employee shall be compensated at one and one-half (1½) times his/her
hourly rate of pay for hours worked in excess of forty (40) hours in any one work
period. 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.
In addition to actual hours worked, scheduled vacation hours authorized at least
twenty-four (24) hours prior to use, compensatory time and/or agency observed holiday
time that falls within the employee’s regular shift shall also count as hours worked for
purposes of computing overtime, and shall be paid at one and one -half (1½) times
his/her hourly rate of pay. If an agency observed holiday falls outside of an
employee’s regular shift and the employee does not actually work on the day of the
holiday, the holiday shall not count as hours worked when computing overtime.
Sick leave hours which are utilized by the employee, shall not be considered
hours worked for purposes of computing overtime eligibility, whether pursuant to this
MOU or pursuant to the requirements of the FLSA.
Additionally, vacation hours not authorized twenty-four (24) hours prior to use,
shall not be considered hours worked for purposes of computing overtime eligibility,
whether pursuant to this MOU or pursuant to the requirements of the FLSA.
Section 7.04 – Compensatory Time
A. Compensatory time, in lieu of monetary overtime compensation, shall be
provided at the selection of the employee at a rate equal to one and one -
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half (1½) hours of compensatory time for each hour of overtime worked
to be taken as paid time off. Compensatory time shall be calculated to
the nearest one-quarter hour of overtime worked. The maximum amount
of compensatory time off which shall be accrued is forty (40) hours.
B. At the employee’s discretion, the employee may sell to the District up to
forty (40) hours of accrued unused compensatory time. An employee
must provide at least fifteen (15) days prior notice to sell-back
compensatory time and will only be paid on the last payday in March and
July of each year. All unused compensatory time accrued as of the last
full pay period in December will be cashed out at the employe e’s hourly
rate of pay on the last payday in December.
C. Selection of accrued compensatory time in lieu of overtime pay shall be
made by the employee at the time he/she submits his/her timesheet . The
usage of compensatory time shall be approved in advance by the
employee’s manager and/or supervisor. An employee desiring to utilize
accrued compensatory time shall submit a n Employee Time Off Request
Form to his/her supervisor. Compensatory time off may be taken in 15
minute increments, unless in the supervisor’s sole determination, use of
the compensatory time off for the requested date(s) and time(s), shall
result in an undue hardship to the District.
D. In the event an employee is promoted/reclassified to a classification
outside of the bargaining unit, the employee shall be paid for all
compensatory time on the books at the employee’s hourly rate of pay
prior to the change in classification.
E. Upon separation from employment, the employee shall be compensated
for all accrued compensatory time at the employee’s current hourly rate
of pay.
Section 7.05 – Fatigue Accommodation
In any instance where at the direction of a supervisor an employee works
sixteen (16) or more hours during a 24 hour period of time, the employee shall be
provided with eight (8) consecutive hours of non-work time before being compelled to
commence a regularly scheduled shift or to commence other duties on behalf of the
District. This section shall not apply to employees who are on standby duty.
In any instance where use of the eight (8) consecutive hour period results in the
employee being excused from scheduled hours of work, the employee shall have said
hours credited as compensable hours worked. In any instance where utilization of the
eight (8) consecutive hour period would result in there being three (3) or less hours of
scheduled work time remaining should the employee return to his/her work
assignment, a department manager shall have discretion to relieve the affected
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employee of the obligation to report to the District for the rem ainder of the scheduled
hours of work. Where the department manager exercises that discretion, the three (3)
or less remaining hours of scheduled work shall be considered compensable hours
worked.
Section 7.06 – Meals During Emergency Service
If an employee is required to remain at work for a minimum of two hours
following the close of his/her regular workday for the purpose of performing emergency
overtime work, the District shall provide that employee with an adequate meal. If an
employee is called out to perform emergency overtime work during the morning hours
of a regularly scheduled working day, the District shall provide that employee with an
adequate meal if such overtime work continues past the hour of 7 a.m. If an employee
is called out to perform emergency overtime work, the District shall provide an
adequate meal at four-hour intervals during the performance of such overtime work.
Meal time is considered working time and shall be compensated for at the appropriate
overtime rate. The District shall not provide meals before, during or after any overtime
work which is scheduled in advance. If the District is unable to provide the employee
with a meal the employee is authorized to spend up to $10.00 to obtain a meal and
shall be reimbursed upon provision to the District of a receipt.
Section 7.07 – Rest Period
An employee shall be granted one fifteen (15) minute rest period for each four
(4) hours worked. The rest period shall be determined by the supervisor. Rest periods
cannot be combined to extend the lunch period or shorten work hours.
Section 7.08 – Standby Compensation
An 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. In those instances where the standby occurs on
Monday through and including Thursday, the flat fee during the term of this MOU shall
be Thirty-Five Dollars ($35.00). In those instances where the standby occurs on a
District recognized holiday and/or Friday through and including Sunday, the flat fee
during the term of this MOU shall be Fifty-Five Dollars ($55.00).
A “standby day” for purposes of calculating standby compensation shall be that
period of time when an employee has been assigned to be available for purposes of
handling emergency situations arising at times other than normally scheduled working
hours and not as an extension of a regularly scheduled shift. 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 Worker II positions determined
qualified by the District shall be eligible for standby duty. The pay for standby
YLWDEA 26
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compensation shall be paid on the regular pay day for the pay period in which the
standby duty is completed.
An employee on standby duty must (1) be ready to respond immediately to a
call for service, (2) be readily available at all hours by telephone or other agreed upon
communication equipment, and (3) refrain from activities which might impair their
assigned duties upon call. The parties agree that an employee must be able to arrive
at District boundaries within forty-five (45) minutes from receiving a call-out. The
parties agree that employees on standby duty, as defined above, are “waiting to be
engaged.”
Section 7.09 – Call-Out Compensation
A “call-out” occurs when an employee on assigned standby duty is required to
return to a District worksite or is otherwise required to commence work following the
employee’s departure from the worksite at the end of his/her regular scheduled work
shift. Therefore, a “call-out” is not an extension of a regular scheduled work shift.
Upon being initially “called-out” during each standby day, the employee shall be
entitled to at least two (2) hours’ pay at one and one-half (1½) times the employee’s
hourly rate of pay, regardless of whether or not the initial call-out work is completed in
less than two (2) hours’ time. During any standby day, this two-hour minimum shall
apply only once. If a subsequent call-out commences during the period of time for
which the employee has received the initial minimum compensation of two (2) hours,
there shall not be an additional minimum compensation for this subsequent call -out.
The employee shall be compensated at the rate of one and one-half (1½) times the
employee’s hourly rate of pay for all hours worked, over the initial two (2) hour
minimum compensation provided because of the initial call-out.
However, if a call-out occurs subsequent to the initial call-out and two (2) hours
or more have elapsed between commen cement of the initial call-out and
commencement of the subsequent call-out, there shall be a one and one-half (1½)
hour minimum call-out compensation provided to the employee for this subsequent
call-out. This one and one-half (1½) hour minimum eligibility shall repeat itself
throughout the standby period as long as there is two (2) hours or more passage of
time between the initial call-out and the subsequent call-out.
EXAMPLE: Start Shift 0700 – End Shift 1630
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Call-out commences at 1800 hours and is completed at 1900 hours. The
employee would be paid for two (2) hours at one and one-half (1½) times the hourly
rate. At 1930 hours, the employee commences a ten (10) minute call . No additional
payment would be due as the employee has already accrued compensation for the two
(2) hour minimum. At 1945 hours, the employee commences a thirty (30) minute call.
For the call that commenced at 1945 hours, the employee would be paid for .25
additional hours at one and one-half (1½) times the hourly rate, because the call,
which lasted until 2015 hours, commenced during the initial two (2) hour minimum
payment period but exceeded that period by fifteen (15) minutes.
If the initial call-out had commenced at 1830 hours and was completed at 1900
hours and the next call-out had commenced at 2030 hours, the employee would be
eligible for a one and one -half (1½) hour minimum call-out payment at one and one-
half (1½) times the employee’s hourly rate for the call-out that commenced at 2030
hours, because two (2) hours or more will have passed between the commencement
of the initial call-out and the commencement of the subsequent call-out. If a third call-
out was to commence on or after 2200 hours, the employee would then be eligible for
an additional one and one-half (1½) hour minimum payment.
Where a “call-out” requires the employee to leave his/her residence and
respond to a designated worksite, computation of compensable work hours shall
include travel time to and from the employee’s residence and the worksite.
Compensable work hours shall also include time spent on the telephone or other
electronic device whereby the “call-out” is assigned and/or efforts by telephone or
other electronic devise are undertaken to address the subject of the “call-out.”
Employees shall have a District issued ID badge in his/her possession when
responding to call-outs for ease of identification from outside the vehicle.
1630 1700 1730 1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300 240
0
Call out
commences
1800 & ends
1900
10
minute
phone
call
30
minute
call
30
minutes
= 2 hours’
pay at 1.5
times hourly
rate
included
in 2 hour
minimum
.25
hours’
pay at
1.5
times
hourly
rate
1.5
hours’
pay at
1.5
times
hourly
rate
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ARTICLE VIII – CONCERTED ACTIVITIES
Section 8.01 – General
A. 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 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 M OU;
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.
B. 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 viol ation of this
provision will be subject to discipline, including termination, as
determined appropriate by the District.
ARTICLE IX – LEAVES
Section 9.01 – Holidays
A. The District’s holiday schedule is set forth in Exhibit “G”.
B. For purposes of holiday compensation, compensation shall be equal to
the number of hours that the employee normally would have worked
other than for the holiday.
C. For those employees whose scheduled work week is Monday through
Thursday, a District-observed holiday falling on a Friday, Saturday, or
Sunday shall convert into a floating holiday to be used within the fiscal
year in which it is accrued or the following fiscal year. Any unused
floating holiday will be cashed out at the employee’s then hourly rate of
pay at the end of the fiscal year following the fiscal year during which the
time was accrued. For example, any unused floating holiday time
accrued during fiscal year 2017-18 would be cashed out at the end of
fiscal year 2018-19.
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D. In order to be eligible for holiday pay, an employee must be either at
work, on a paid leave of absence, or on a leave of absence protected by
law (e.g., FMLA/CFRA) 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.
E. Employees working at least 20 hours but not more than 30 hours may
receive holiday pay in proportion to the average of normal hours worked
as a part-time employee compared to full time, (i.e., 4 hours per day
worked by a regular part-time employee would be paid 4 hours on a
holiday).
Section 9.02 – Vacation Leave
A. An employee who is regularly scheduled to work more than thirty (30)
hours per week shall accrue paid vacation at the following rate:
Duration of Continuous Regular Employment Hours Accrued per Pay Period
During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr
During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr
During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr
During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr
During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr
B. Vacation leave shall continue to accrue in accordance with the above
provisions when an employee is either at work, or on a paid leave of
absence.
C. Vacation leave shall be scheduled with due regard to the interests of the
District and must be approved in advance by the employee’s Department
Manager or immediate supervisor. An employee must request vacation
leave at least two (2) work days in advance.
D. An employee may not take more vacation leave than the amount the
employee has accrued. The minimum amount of vacation leave that may
be taken at any given time shall be fifteen (15) minute increments.
E. An employee on an original probationary period shall accrue vacation
commencing with the start of employment but shall be ineligible to use
accrued vacation leave prior to successfully completing of six (6) months
of service.
F. The total maximum vacation that may be accrued shall be one and one-
half (1½) times the amount that may be accrued in one year of service ,
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based on the employee’s rate of accrual . If the employee has accrued
the maximum total amount of vacation, no additional vacation shall be
accrued, nor shall the cash equivalent of excess vacation accruals be
earned.
G. At the sole discretion of the General Manager, if an employee is unable
to timely schedule and utilize vacation time off due to business necessity,
said employee may be authorized to accrue over their total annual
maximum and will be given a timeframe to use those excess accruals .
H. At the sole discretion of the General Manager, if an employee is unable
to timely schedule and utilize vacation time off due to an overriding
concern such as a medical leave of absence, said employee may be
authorized to accrue up to 80 additional vacation hours over their total
annual maximum. Once the employee returns to work, they will no longer
accrue leave and will have six (6) months to bring their accru ed leave
time down below their total annual maximum in order to accrue leave
again.
I. Upon separation, an employee shall be cashed out at their current rate of
pay for any vacation leave accrued but not taken.
J. For the term of this MOU only, an employee who has been employed by
the District for more than one year may sell to the District up to forty (40)
hours of accrued unused vacation leave. To be eligible for this benefit,
an employee must submit his/her irrevocable election by December 31 st
of each year to be paid on the second payday in November of the
following year to receive cash for up to forty (40) hours of vacation time
that would otherwise accrue in the immediate following year. For
example, an employee irrevocably elects to sell 40 hours of vacation
leave on December 12, 2018. The employee will be paid out on
November 27, 2019.
K. An employee who works, or is on a paid leave of absence between
twenty (20) and thirty (30) hours per week shall accrue vacation leave on
a proportionate basis relative to a full time employee.
Section 9.03 – Sick Leave
A. Sick leave is not an earned right to time off from work. Sick leave is
provided for use if the employee is unable to work because of illness, and
as otherwise required by law.
B. An employee eligible for paid sick leave shall be granted such leave for
the following reasons:
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1. Diagnosis, care, or treatment of an existing health condition of, or
preventative care for, an employee or a member of the employee’s
immediate family.
2. For employees who are victims of domestic violence, sexual
assault, or stalking: a) to obtain a temporary restraining order or
other court assistance to help ensure the health, safety, or welfare
of the employee or his or her child; or b) obtain medical attention
or psychological counseling, services from a shelter, program or
crisis center, or participate in safety planning or other actions to
increase safety.
C. In order to receive sick pay if the need for leave is foreseeable, e.g., for
routine medical or dental appointments, the em ployee must notify their
immediate supervisor twenty-four (24) hours in advance. If the need for
sick leave is not foreseeable, the employee shall provide advance notice
as soon as practicable. If the employee is required to be absent on sick
leave for more than one day, the employee must keep the immediate
supervisor informed each day as to the date the employee expects to
return to work and the purpose of the leave.
D. In the event that an employee is absent on sick leave in excess of three
(3) days or twenty-four (24) hours, 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 condition of the employee or the
employee’s family member prevented the employee from performing
his/her duties. All employees who use paid leave to address issues
related to domestic violence, sexual assault, or stalking, and who cannot
provide advance notice of their need for leave, must provide certification
of the need for leave within a reasonable time thereafter.
E. An employee who is regularly scheduled to work more than thirty (30)
hours shall accrue sick leave at the rate of 3.70 hours per payroll period.
Sick Leave shall continue to accrue when an employee is either at work,
or on a paid leave of absence.
F. An employee may not take more sick leave time than the amount the
employee has accrued. The minimum amount of sick leave that may be
taken at any time shall be fifteen (15) minutes. An employee may use
accrued sick leave beginning on the 90 th day after the first day of
employment, subject to the limits and request provisions in this Section.
G. CalPERS Unused Sick Leave Credit: An employee who retires in
accordance with the Public Employees’ Retirement System qualifications
shall be paid at the rate of their final salary for ⅜ of their accumulated
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days of sick leave, if any, at the time of separation from active
employment. The remaining ⅝ of their accumula ted days of sick leave
will be converted into CalPERS service credit.
H. An employee who to works, or is on a paid leave of absence between
twenty (20) and thirty (30) hours per week shall accrue sick leave on a
proportionate basis relative to a full time employee.
Section 9.04 – Disability Leave
A. In situations where an employee has been injured in a non -duty accident
and his/her disability leave exceeds thirty (30) continuous calendar days,
their merit review and anniversary dates will be adjusted accor dingly for
that portion of leave exceeding thirty (30) continuous calendar days.
B. An injured employee may elect to take sick leave and/or vacation leave, if
available, subject to the limitation that his/her disability payment, when
added to his/her paid leave, does not result in a net payment exceeding
his/her regular compensation.
Section 9.05 – Bereavement Leave
Upon the death of an immediate family member, an employee shall be entitled
to use up to three (3) days of District -paid bereavement leave to attend funeral
services and/or conduct business associated with the deceased. The General
Manager, at his/her sole discretion, may allow the employee to use up to an additional
four (4) days of sick leave for this purpose.
The General Manager, at his/her sole discretion, may also allow an employee to
use up to four (4) days of sick leave, if available, for bereavement of a non-immediate
family member.
Section 9.06 – Unpaid Leave of Absence
A. An employee’s request for any unpaid leave of absence shall be
submitted to the Human Resources and Risk Manager. In consultation
with Human Resources and Risk Manager, department managers may
grant an employee a leave of absence without pay for a period not to
exceed two (2) weeks.
B. In consultation with Human Resources and Risk Manager, the General
Manager may grant an employee a 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 , if
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granted, shall be in writing from the General Manager, or designated
representative(s) thereof, and such approval shall be entirely at their
discretion.
C. Except as provided by law, the District shall not be required to make
contributions toward insurance or retirement coverage. An employee on
an unpaid leave of absence for more than thirty (30) continuous calendar
days 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, their coverage shall be terminated within the limits
prescribed by the benefit carriers and shall be reinstated within the limits
prescribed by the benefit carrier at the time of their reinstatement by the
District.
D. Upon expiration of an approved unpaid leave of absence or within
twenty-four (24) hours’ notice to return to duty, the employee shall be
reinstated in the position held at the time the leave was granted. Failure
on the part of an employee to report to work promptly at the expiration of
the approved leave period may subject the employee to disciplinary
action up to and including termination. The depositing in the United
States mail of a first-class postage-paid letter addressed to the
employee’s last known place of residence shall be reasonable notice.
E. Except as provided by law, an employee on an unpaid leave of absence
exceeding thirty (30) continuous calendar days shall have his/her
seniority extended by the number of calendar days they were on leave.
Section 9.07 – Voting Leave
An employee may take off such working time as shall enable them to vote,
providing such employee is a registered voter and does not have sufficient time
outside regular working hours within which to vote. A maximum of two (2) hours may
be taken with pay. The scheduling of the time referenced above is subject to approval
of the Department head and shall normally be at the beginning or end of the work shift.
Section 9.08 – Jury Duty/Court Testimony
An employee required to serve as a trial juror shall be ent itled to be absent from
their duties during the period of jury service. The employee shall receive full
compensation from the District for a period not to exceed ten (10) working days for
each period of jury duty. If court records indicate that the employe e advised the court
of this ten (10) working day limit for which the District provides payment, and the
employee is nonetheless selected for a jury, and the jury duty exceeds ten (10)
working days, the excess days shall be paid by the District. Witness fee s or juror fees,
with the exception of mileage reimbursement, shall be submitted to the District.
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Section 9.09 – Military Leave
Payment of an employee on military leave is governed by law. Employees must
submit a copy of military orders to the Human Resources and Risk Manager prior to
the beginning of the military leave period and as soon as the employee knows of the
need to request such leave, except where military necessity dictates.
Section 9.10 – Alt Time
All employees who currently possess alt-time in his/her leave balance will have
until April 30, 2019 to take as paid time off. All unused alt-time shall be cashed out at
his/her current hourly rate of pay on May 16, 2019.
ARTICLE X – LAYOFF PROCEDURES
Section 10.01 – Elimination of Position
The Board may require elimination or curtailment of a public service activity if
the Board determines it is in the public interest. Such Board action may result in the
layoff of one or more employees. The following p rocedure is intended to provide
consideration to seniority of service.
Section 10.02 – Layoff Procedure
A. When employees have equal seniority for retention in a class, the
employee with the longest length of continuous service with the District
since the employee’s last date of hire shall have the highest retention
priority.
B. ORDER OF LAYOFF: When layoff is necessary, employees are subject
to layoff by classification and by department in the following order:
1. Temporary employees shall be laid off in an order determined by
seniority.
2. Probationary and provisional (acting) employees shall be laid off in
an order determined by seniority.
3. Regular and promotional probationary employees shall be laid off
in an order determined by seniority.
C. SENIORITY LIST: Employees shall be subject to layoff as follows:
1. The names of all employees in a classification within a department
shall be listed in order of seniority according to the categories
described above. The procedure described below shall be applied
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to each category in order until it is exhausted before moving to the
next category.
2. If one layoff is to be made, the three (3) least senior employees
shall be considered. If more than one layoff is to be made, the
number of employees lowest in seniority equal to the number of
layoffs plus two shall be considered. The General Manager shall
base layoff decisions on seniority.
3. In order to avoid layoff, an employee laid off under the provisions
of Section 10.02.C.2 above may, within three (3) working days of
receiving the layoff notice, request demotion to a position in any
lower classification within the same series, or in an equivalent
series, or in any classification within the classified service in which
the employee previously held regular status. Whether to allow an
incumbent to bump shall be based upon seniority. The decision
must be recommended by the Human Resources and Risk
Manager and approved by the General Manager.
4. In the case of any question as to the equivalency of classifications
for purposes of Section 10.02.C.3 above, the decision of the
Human Resources and Risk Manager is final.
D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be
given written notice of layoff not less than fourteen (14) calendar days
prior to the effective date of such layoff.
Section 10.03 – Reemployment
A. REEMPLOYMENT LIST: The names of persons laid off shall be placed
on a reemployment list for each classification in the same and any
equivalent series at or below the level of the classification from which laid
off and for each classification in which regular status was previously held.
These names shall be placed on the reemployment list in reverse order
of layoff. The last employee laid off is the first employee on the
reemployment list, with other laid off employees listed in sequential order
thereafter. An employee whose position has been reallocated to a lower
classification but who has not been demoted for cause shall also have
his/her names placed on the reemployment list for the classification from
which his/her position was reallocated. Reemployment lists shall be
certified by the Human Resources and Risk Manager and be valid for
one year from the date of layoff.
B. APPOINTMENTS: The General Manager shall select from among the
three highest available and qualified on the reemployment list.
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Qualifications shall be determined by the last performance evaluation
prior to layoff.
C. PRIOR SERVICE AND ANNIVERSARY DATE: For the purpose of
computing total seniority with the District, an employee reemployed shall
have the same prior service credited to them as they had at the time of
layoff. Upon reemployment an employee shall be credited with the same
portion of a year as that credited at the time of layoff for purposes of
establishing a new anniversary date for merit increase eligibility.
Section 10.04 – Salary Upon Reemployment After Layoff
An employee reemployed in the same class ification or a comparable
classification shall be placed in the same salary step held upon layoff.
ARTICLE XI – EMPLOYEE DISCIPLINE
Section 11.01 – Cause for Discipline
Employees who have passed probation may be subject to discipline for reasons
including but not limited to, the following:
A. FRAUD IN SECURING EMPLOYMENT: Making a false statement
on an application for employment or on any supporting documents
furnished with or made part of any application.
B. INEFFECTIVENESS: Failing to meet or comply with the minimum
standards of a position or to perform the duties required of an
employee in that position in an effective and timely manner.
C. ABSENTEEISM: Excessive absences or repeated lateness f or
work.
D. DISOBEDIENCE/INSUBORDINATION: W illfully failing to follow or
conform to established supervisor’s lawful orders or directions, or
acting in an insulting or demeaning manner toward a supervisor .
E. DISHONESTY: Communicating information in an untruthful or
misleading manner.
F. SUBSTANCE ABUSE: Being under the influence of alcohol or
illegal drugs while on duty.
G. VIOLATION OF DISTRICT/DEPARTMENT/SECTION RULES OR
POLICIES: Violation of the MOU, District policies and/or
procedures, departmental/section rules, or professional standards.
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H. DISCOURTESY: Discourteous treatment of other employees or
members of the public.
I. PROPERTY USE: Improper or unauthorized use of District
property.
J. UNBECOMING CONDUCT: Conduct likely to cause discredit to
the employee or the District or impair the ability of oneself or
others to effectively perform job duties.
K. ABUSE OF LEAVE: Abuse of sick leave or other leaves, including,
but not limited to, using leave for unauthorized purposes.
L. CARELESSNESS/NEGLIGENCE: Careless or negligent behavior
in the care or handling of District property.
M. UNAUTHORIZED OVERTIME: Performing overtime work without
prior authorization.
N. FRAUDULENT ACTION: Falsifying a timesheet, production record
overtime sheet or other work record, or engaging in fraud of any
type.
O. SLEEPING ON DUTY.
P. READING NON-WORK RELATED MATERIAL DURING
WORKING HOURS, EXCEPT DURING AUTHORIZED BREAKS
AND/OR MEAL PERIODS.
Q. CARRYING A FIREARM OR OTHER UNAUTHORIZED WEAPON
WHILE ON DISTRICT PROPERTY.
R. POSSESS, SELL, BUY, DISTRIBUTE, OFFER TO POSSESS,
SELL, BUY, DISTRIBUTE OR USE, BEING UNDER THE
INFLUENCE OR HAVING IN THE EMPLOYEE’S SYSTEMS ANY
ILLEGAL SUBSTANCE, ALCOHOL OR ANY LEGAL DRUG OR
SUBSTANCE NOT PROPERLY OBTAINED BY THE
EMPLOYEE, WHILE ON DISTRICT TIME AND/OR PROPERTY.
S. DANGEROUS ACTS: Engaging in conduct likely to endanger
oneself, other employees or members of the public, and/or create
potential liability for the District through damage or injury.
T. DISRUPTION OF DISTRICT BUSINESS THROUGH WILLFUL
MISCONDUCT.
U. SEXUAL ACTIVITY ON DUTY.
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V. RELEASE OF CONFIDENTIAL INFORMATION.
W. CRIMINAL CONDUCT: Commission of a crime either a) during the
course of employment or b) during the employee’s off -duty hours if
there is a nexus to the employment relationship between the
District and the employee, the employee becomes unavailable for
work as result, or the District’s interests are adversely affected.
Section 11.02 – Types of Actions
The types of disciplinary actions are: verbal reprimand, written reprimand,
suspension without pay, involuntary demotion, reduction in pay and termination.
For each type of disciplinary action, certain steps and procedures must be
followed. A supervisor who is considering a disciplinary action beyond a verbal
reprimand should discuss the circumstances of the situation with the Human
Resources and Risk Manager before taking any action unless the particular situation
requires immediate action. A supervisor is not required to take disciplinary action in
sequential order. Depending upon the specific circumstances of the violation, the
supervisor should determine which action (or actions) is appropriate, in consultation
with the Human Resources and Risk Manager.
Section 11.03 – Progressive Steps
Disciplinary actions may, but are not required to, be taken in progressive steps
as follows:
A. VERBAL REPRIMAND: The supervisor holds a Verbal Reprimand
meeting with the employee. The purpose of the meeting is to explain the
employee's conduct or acts which are in violation of the MOU, policies,
procedures, or practices, and to remind the employee of the behavior
that is expected in the future and the consequences of not meeting the
performance expectations of the supervisor.
B. WRITTEN REPRIMAND: The supervisor prepares a Written Reprimand
memo. The written reprimand constitutes notice of the infraction(s)
including the circumstances. The supervisor shall hold a Written
Reprimand meeting with the employee. Employees who have received
written reprimands are entitled to the following:
1. A meeting with the supervisor to discuss the contents of the
written reprimand.
2. The opportunity to present a written response to the written
reprimand. The written reprimand and the response shall be
placed in the employee's personnel file.
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3. The employee has ten (10) business days from receipt of the
written reprimand in which to write a response to it.
C. SUSPENSION WITHOUT PAY: An employee may be suspended
without pay for up to thirty (30) calendar days. When placing an
employee on suspension without pay, the supervisor shall follow all of the
steps listed under Section 11.04 – Disciplinary Procedure.
D. INVOLUNTARY DEMOTION: An employee may be demoted to a
classification having an overall lower salary range. When demoting an
employee, the supervisor must follow all of the steps listed under Section
11.04 – Disciplinary Procedure.
E. REDUCTION IN PAY: An employee may be reduced in pay to a lower
step within the pay range. When reducing the salary of an employee, the
supervisor must follow all of the steps listed under Section 11.04 –
Disciplinary Procedure.
F. TERMINATION: When it is necessary to terminate an employee, the
supervisor must follow all of the steps listed under Section 11.04 –
Disciplinary Procedure.
Section 11.04 – Disciplinary Procedure
The following procedure applies only to a suspension without pay, involuntary
demotion, reduction in pay, and/or termination.
A. When an employee who has passed probation is to be subject to
discipline, specific written charges shall be prepared and presented by
the employee’s department manager for action by the Human Resources
and Risk Manager.
B. The Human Resources and Risk Manager shall provide such employee
with a written Notice of Intent. The Notice of Intent shall advise the
employee of the contemplated level of discipline and underlying
charge(s), and that the employee is entitled to respond to the charges as
provided below. Relevant documents relied upon in proposing the
discipline shall be attached to the Notice of Intent.
The employee shall have the right to respond orally or in writing to the
Human Resources and Risk Manager within five (5) business days from
the date of issuance of the Notice of Intent if personally served, or ten
(10) calendar days if served by mail. The Notice of Intent shall contain a
"statement of personal service or mailing" indicating the date on which
the Notice of Intent was personally served or deposited in the United
States Mail. Such date of personal service or mailing shall be the “date of
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issuance” of the Notice of Intent. The Human Resources and Risk
Manager may act upon the initial written and/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 their choice during the course of the above proceedings.
This pre-disciplinary hearing is an opportunity for the employee to tell
their story, but is not an evidentiary hearing, and the employee may not
call witnesses.
C. The Human Resources and Risk Manager shall provide the employee a
written Notice of Discipline, describing his/her final decision to proceed
with, modify, or cancel the proposed disciplinary action. The decision of
the Human Resources and Risk Manager shall be immediately
implemented.
Section 11.05 – Appeal of Disciplinary Action
The following procedure applies only to a suspension without pay, involuntary
demotion, reduction in pay, and termination.
A. When disciplinary action has been taken by the Human Resources and
Risk Manager pursuant to Section 11.03, the employee shall have the
right to an appeal. An 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 Human Resources and Risk
Manager final and conclusive.
B. W ithin fifteen (15) calendar days after the final Notice of Discipline is
issued, the subject employee may appeal to the General Manager by
filing a written answer to the charges and requesting a hearing thereon.
C. Representatives of the District and the Association shall attempt to agree
upon an advisory hearing officer. If the parties cannot agree, an advisory
hearing officer shall be selected from a list of seven names to be
supplied by the State Conciliation and Mediation Services. The parties
will alternate striking names on the list until one name remains , who shall
be selected as the advisory hearing officer. The Association will strike the
first name. The District agrees to pay any fees associated with procuri ng
the strike list.
D. The costs of the hearing officer shall be borne by the District.
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E. 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.
F. The hearing officer shall determine the relevancy, weight, and credibility
of testimony and evidence. The hearing officer shall make findings of fact
based on a preponderance of the evidence standard. The level of
discipline imposed shall be subject to an ab use of discretion standard.
G. Each side will be permitted to make an opening statement and a closing
argument. On behalf of the District, the Human Resources and Risk
Manager or his/her representative shall first present witnesses and
evidence to sustain the charges. The employee may then present their
witnesses and evidence in defense.
H. Each side will be allowed to examine and cross-examine witnesses.
I. Both the Human Resources and Risk Manager (acting on behalf of the
District) and the employee each may be represented by legal counsel.
The employee may retain counsel or other representat ion, at his/her own
expense.
J. The hearing officer shall, if requested by either party, subpoen a
witnesses and/or require production of other relevant records or relevant
evidence.
K. The hearing officer may, prior to or during a hearing, grant a continuance
for any reason he/she believe to be important for reaching a fair and
proper decision.
L. The hearing officer shall prepare a recommended decision and forward it
to the General Manager no later than thirty (30) calendar days after the
matter of appeal was taken under submission by the hearing officer. The
recommended decision shall set forth which ch arges, if any, the hearing
officer feels are sustained and the reasons therefor. The recommended
decision shall also set forth whether the level discipline imposed reflects
an abuse of discretion.
M. The employee or his/her representative may obtain a copy of the
transcript of the hearing at his/her own cost.
N. Within thirty (30) calendar days of receiving the recommendation of the
hearing officer, and after consideration of the record only, the General
Manager may sustain or reject any or all of the charges filed against the
employee. If the General Manager modifies reduces the level discipline,
the General Manager shall, as appropriate, order all or part of the
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employee’s full compensation from the time of dismissal or suspension , if
applicable to be paid. The General Manager shall issue a written decision
which is final and binding.
O. An employee who was demoted 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 their former status of
employment.
P. Dismissal of an employee from the District service following the pre-
disciplinary meeting at the Human Resources and Risk Manager, shall:
1. Constitute a dismissal as of the same date from all positions the
employee may hold in the District service.
2. Terminate the salary of the employee as of the effective date of
their dismissal except that they shall be compensated for any
unpaid salary, unused vacation, compensatory time of f, and
alternative time to their credit as of the date of dismissal.
Section 11.06 – Placement in Personnel File
Official disciplinary action documents shall be placed in the employee's
personnel file when the discipline is final.
Section 11.07 – Employee Acknowledgement
The employee shall be asked to acknowledge each document in the disciplinary
process by signing that it was received.
Section 11.08 – Paid Administrative Leave
An employee may be placed on paid administrative leave during an
investigation of alleged misconduct and/or while disciplinary action is being considered .
Section 11.09 – Job Abandonment
When an employee has been absent without authorization from work for more
than three (3) days, and in the opinion of the Department head the employee has
abandoned his/her position, the Department Head shall notify the General Manager or
a designee. The General Manager shall notify the employee that the District has
determined the employee has abandoned his/her position, and the employee has f ive
working days upon receipt of the notice to contact the District regarding his/her intent
to return to work. Such notice shall be in writing and sent by certified mail or personal
service to the most recent address listed in the employee's personnel file.
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Abandonment of a position may include, but is not limited to:
A. An employee failing to return to their employment upon conclusion of any
authorized leave of absence;
B. An employee failing to properly notify their immediate supervisor of
absence due to sickness or injury;
C. An employee failing to appear for work without notification, or agreement
between supervisor and employee as to the use of any leave time set
forth under this MOU;
If an employee fails to respond within five (5) working days to the notice of
abandonment of position, the employee may be considered to have abandoned
his/her position of employment with the District, which shall serve as just cause for
termination and grounds for disqualification from future employment with the District .
Even if the employee responds within five (5) working days to a notice of
abandonment, nothing herein shall preclude the District from taking disciplinary action,
up to and including termination, for abuse of leave or unauthorized absence.
ARTICLE XII – GRIEVANCE PROCEDURE
Section 12.01 – Purpose
The purpose of this section is to enhance communications between the District
and 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 12.02 – Matters Subject to the Grievance Procedure
A. A grievance may be filed for an alleged violation of this Memorandum of
Understanding.
B. The grievance procedure shall not be used to establish a new policy or
change an existing rules. It shall not be used to challenge a disciplinary
action or a performance evaluation.
Section 12.03 – Informal Grievance Adjustment
A. An aggrieved employee shall try to solve the issue through informal
discussion with his/her supervisor no later than ten (10) working days
after the employee knew or reasonably should have known of the facts
underlying the grievance. The supervisor shall conduct whatever
investigation he/she deems necessary and reply in writing to the grievant
within ten (10) working days. Any matters that the supervisor does not
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have authority to decide shall be brought to the attention of a higher level
supervisor who does have the proper authority.
B. If the grievant remains dissatisfied, and/or some other extenuating
circumstances exist, he/she may file a written informal grievance with the
next level of authority no later than ten (10) working days after receipt of
the informal decision. The higher level supervisor shall conduct whatever
investigation he/she deems necessary and reply in writing no later than
ten (10) working days after receipt of the written informal grievance. If the
grievant 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 12.04 – Formal Grievance Procedure
A. The formal grievance procedure may be followed only after failure to
resolve a problem through informal grievance adjustment. If the
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
Human Resources and Risk Manager with a copy to the General
Manager. The Human Resources and Risk Manager shall conduct
whatever investigation he/she deems necessary to allow fair
consideration of the situation and shall present a written reply to the
employee within ten (10) working days after receipt of the written
grievance. A copy of the reply shall be forwarded to the General
Manager.
B. If the employee is not satisfied with the decision of the Human Resources
and Risk Manager, he/she may file a written appeal to the General
Manager within five (5) working days after having received the written
reply of the Human Resources and Risk Manager. Within ten (10)
working days of receipt of the written appeal, the General Manager shall
make a written decision which shall be final and binding on all parties.
The General Manager may conduct whatever investigation and /or
meeting(s) he/she deems appropriate.
Section 12.05 – General Conditions
A. The Human Resources and Risk Manager shall receive and retain copies
of all written materials pertaining to the grievance.
B. An employee may represent himself/herself, or at his/her own expense,
select whomever they desire to represent them in the grievance
procedure.
45
C.If an employee fails to proceed with a grievance within any of the time
limits specified in this article, the grievance shall be deemed abandoned
with no further basis for appeal.
D.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 ti me limits for appeal of a denied
grievance shall commence running 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.
E.Any of the time limits specified in this section may be extended when
mutually agreed upon by all parties concerned.
F.Either the grievant, the Human Resources and Risk Manager or the
General Manager, may request a meeting to review the grievance prior to
a decision.
G.When a grievant or designated representative (if a District employee)
attends a grievance meeting or hearing with management during the
work day, they shall 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 Manager.
Exhibit A
Yorba Linda Water District – Bargaining Unit Employees Association
Classifications and Salary Ranges
Effective July 1, 2021 - REVISED 8/10/2021
CLASSIFICATION TITLE SALARY RANGES FLSA
Accounting Assistant I BU 17 Non-Exempt
Assistant Engineer I BU 20 Non-Exempt
Assistant Engineer II BU 24 Non-Exempt
Assistant Engineer III BU 26 Non-Exempt
Construction Inspector BU 24 Non-Exempt
Customer Service Representative I BU 15 Non-Exempt
Customer Service Representative II BU 17 Non-Exempt
Customer Service Representative III BU 19 Non-Exempt
Electrical/SCADA Technician BU 23 Non-Exempt
Facilities Maintenance BU 23 Non-Exempt
Field Customer Service Representative/Meters II BU 20 Non-Exempt
GIS Analyst BU 26 Non-Exempt
GIS Technician BU 24 Non-Exempt
Information Systems Technician I BU 22 Non-Exempt
Maintenance Worker I BU 17 Non-Exempt
Maintenance Worker II BU 20 Non-Exempt
Maintenance Worker III BU 23 Non-Exempt
Mechanic I BU 17 Non-Exempt
Mechanic II BU 21 Non-Exempt
Mechanic III BU 23 Non-Exempt
Meter Reader I BU 16 Non-Exempt
Office Clerk BU 12 Non-Exempt
Operations Assistant BU 21 Non-Exempt
Plant Operator I BU 21 Non-Exempt
Plant Operator II BU 23 Non-Exempt
Public Affairs Representative BU 17 Non-Exempt
Sr. Construction Inspector BU 26 Non-Exempt
Water Quality Technician I BU 20 Non-Exempt
Water Quality Technician II BU 22 Non-Exempt
Adopted August 10, 2021