HomeMy WebLinkAbout2011-12-08 - Resolution No. 11-20
RESOLUTION NO. 11-20
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING THE MEMORANDUM OF UNDERSTANDING AND
PAY PLAN BETWEEN THE DISTRICT AND THE
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
WHEREAS, District Personnel Rule 12 provides for the recognition of employee
organizations in order to promote communication between the District, its
employees and recognized employee organizations; and
WHEREAS, District employees have elected to be represented by the Yorba Linda
Water District Employees Association; and
WHEREAS, the District has recognized the Yorba Linda Water District Employees
Association as the recognized employee organization; and
WHEREAS, an agreement between the District and the Yorba Linda Water District
Employees Association exists and the details are set forth in the 2011-
2012 Memorandum of Understanding between the District and the Yorba
Linda Water District Employees Association.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. The General Manager is authorized to execute the Memorandum of
Understanding between the Yorba Linda Water District and the Yorba
Linda Water District Employees Association for fiscal year 2011-2012 as
attached hereto and by this reference incorporated herein including its
attachments Exhibits "A" through "D".
Section 2. That Resolution No. 11-01 is hereby rescinded.
PASSED AND ADOPTED this 8th day of December 2011 by the following called vote:
AYES: Directors Collett, Kiley and Melton
NOES: Directors Beverage and Dawkins
ABSTAIN: None
ABSENT: None
Phil Hawkins President
Yorba Linda Water District
Resolution No. 11-20 Adopting the MOU and Pay Plan Between the District and the YLW D Employees Association 1
ATTEST:
r„
Ken eth R. Vecchiare li
Secretary
Yorba Linda Water District 0`
Reviewed as to form by General Counsel:
Arthur G. Kidman
Kidman, Behrens & Tague, LLP
Resolution No. 11-20 Adopting the MOU and Pay Plan Between the District and the YLW D Employees Association 2
MEMORANDUM OF UNDERSTANDING
2011-2012
BY AND BETWEEN THE YORBA LINDA WATER DISTRICT
AND
THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
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TABLE OF CONTENTS
Paqe
ARTICLE 1. RECOGNITION .........................................................................4
ARTICLE 2. SALARY SCHEDULE ...............................................................4
Section 2.1 Salary Schedules ...........................................................4
Section 2.2 Employee PERS Contribution Rate ................................5
Section 2.3 Merit Increases ...............................................................5
Section 2.4 Acting Appointments ......................................................7
Section 2.5 Salary Deduction ............................................................8
Section 2.6 Probation 8
ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF ......................9
Section 3.1 Overtime .........................................................................9
Section 3.2 Compensatory Time .......................................................9
ARTICLE 4. STANDBY AND CALL OUT COMPENSATION ......................10
Section 4.1 Standby Compensation ................................................10
Section 4.2 Call-Out Compensation ................................................11
ARTICLE 5. INSURANCE ...........................................................................14
Section 5.1 Life Insurance ...............................................................14
Section 5.2 Health Insurance ..........................................................14
Section 5.3 Dental Insurance ..........................................................15
Section 5.4 Vision Coverage ...........................................................15
Section 5.5 Domestic Partners ........................................................16
Section 5.6 Retiree Insurance Benefits ...........................................16
Section 5.7 Cafeteria Plan ...............................................................17
Section 5.8 Long-Term Disability ....................................................18
ARTICLE 6. HOURS ...................................................................................18
ARTICLE 7. HOLIDAYS ..............................................................................20
ARTICLE 8. VACATION ..............................................................................21
ARTICLE 9. LEAVES ..................................................................................24
Section 9.1 Sick Leave ....................................................................24
Section 9.2 Disability Leave ............................................................26
Section 9.3 Leave of Absence Without Pay ....................................27
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Section 9.4 Maternity Leave ............................................................28
Section 9.5 Jury Duty/Court Testimony ...........................................28
Section 9.6 Bereavement Leave .....................................................29
Section 9.7 Emergency Leave Policy ..............................................29
ARTICLE 10. GRIEVANCE PROCEDURE ...................................................29
Section 10.1 Purpose 29
Section 10.2 Matters Subject to the Grievance Procedure ................30
Section 10.3 Informal Grievance Adjustment ....................................30
Section 10.4 Formal Grievance Procedure .......................................31
Section 10.5 General Conditions .......................................................31
ARTICLE 11. EMPLOYEE DISCIPLINE .......................................................33
Section 11.1 Forms of Discipline .......................................................33
Section 11.2 Procedure .....................................................................33
Section 11.3 Appeal of Disciplinary Action 34
ARTICLE 12. JOB POSTING ........................................................................37
ARTICLE 13. MISCELLANEOUS BENEFITS ...............................................37
Section 13.1 Safety Boot Allowance 37
Section 13.2 Reimbursement for Certificates ....................................37
Section 13.3 Education Reimbursement 38
Section 13.4 Uniforms .......................................................................40
Section 13.5 Job Description .............................................................40
Section 13.6 Extended Work Accommodation ..................................40
ARTICLE 14. DRUG POLICY .......................................................................41
ARTICLE 15. COMPLETION OF MEET AND CONFER ...............................41
ARTICLE 16. CONCERTED ACTIVITIES .....................................................42
ARTICLE 17. TERM OF AGREEMENT ........................................................43
ARTICLE 18. DISTRICT GOVERNING BOARD APPROVAL 43
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ARTICLE 1. RECOGNITION
Pursuant to the provisions of the Government Code and the Rules and
Regulations of the District, Yorba Linda Water District (hereinafter called the
"District") has recognized the Yorba Linda Water District Employees Association,
(hereinafter called the "Association") as the recognized representative of a
bargaining unit consisting of the classifications listed in Exhibit "A" (hereinafter
sometimes called "unit employees," "employees," "members" or "unit members")
to this Memorandum of Understanding (hereinafter "MOU").
ARTICLE 2. SALARY SCHEDULE
Section 2.1 Salary Schedules
(a) For those employees who are employed as of the date of
ratification of this MOU, the salary schedule attached hereto as Exhibit "B" will
remain in effect beginning July 1, 2011 through June 30, 2012. The salary
schedule reflects that no base salary increase is provided.
(b) 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.
(c) Upon implementing the 4/10 schedule, paychecks will be
distributed on the Thursday following the end of a payroll period, with the payroll
period commencing on a Sunday and ending on the last Saturday of the two (2)
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week period. If the Thursday payday falls on a holiday, the pay shall be
distributed on the prior day, a Wednesday.
(d) 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.
Section 2.2 Employee PERS Contribution Rate
During the remaining term of this MOU, as regards individuals employed
by the District on or before the adoption date of the 2011-2012 MOU, the District
shall pay the entire 7% of the employee's contribution rate with payments to be
credited to the employee's individual account with PERS. The District's current
contract as of the date of ratification with CalPERS is for a retirement benefit
based on the single highest year with a Fourth Level of 1959 Survivor Benefit
Program. However, individuals hired by the District after the adoption date of the
2011-2012 MOU, shall be enrolled in the 2% at 60 retirement formula and shall
pay 100% of the statutory CalPERS employee contribution to CalPERS.
Presently, such employee contribution rate is 7% of compensation.
Section 2.3 Merit Increases
Merit Increases
Unit employees may be considered for merit salary increases. These
merit increases to steps within an established salary range shall not be automatic
but may be granted only for continued or sustained improvement by the unit
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employees in the effective performance of the duties of his/her position as
determined within the District's sole discretion.
Effective October 1, 2006, the District implemented a nine (9) step salary
schedule with a 2.5% salary difference between steps replacing the District's
previous five (5) step salary schedule.
Subsequent movement on the salary schedule is based on merit as
follows:
Evaluation Process
Each employee will be annually reviewed on a one-year interval following
completion of their probationary period. An employee who receives a meets Mob
expectations evaluation shall be entitled to move one (1) step and an employee
who receives an exceeds mob expectations evaluation, shall move up two (2)
steps. Movement shall take place until an employee has reached Step 9. The
District shall endeavor to have performance reviews completed within two (2)
weeks after the employee's anniversary date with the effective date of any merit
salary increase being on the anniversary date. If the evaluation is delayed
beyond the two (2) week period, any subsequent salary increase to which the
employee is entitled as a result of the performance review rating, shall be
retroactive to the anniversary date.
Effective December 1, 2006 or soon thereafter as possible, the District will
implement a new performance evaluation form. Bargaining unit employee
representatives will be invited to participate in any training given to management
and supervisory employees in the use of the form. (Until implementation of the
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new form, the existing performance evaluation form will remain in effect with the
understanding that bargaining unit members may be given written goals that will
be added to the new performance evaluation which will be used in evaluating
future performance.)
Section 2.4 Acting Appointments
The Personnel Officer may appoint an employee to serve in a position on
a temporary "acting appointment" basis. Although the District shall give
reasonable consideration to an employee's expression of unwillingness to serve
in an acting appointment, such expression shall not be controlling, and the
District shall be empowered to make the acting appointment regardless of such
expression by the employee. The District's decision to appoint an employee to
an acting position shall not be subject to administrative or civil challenge. After
serving in an acting position for 30 consecutive work days, the employee shall be
paid prospectively on the 31St work day at an amount closest to 5% more than
his/her normal rate of pay or shall be placed on step 1 of the range established
for the acting position whichever is higher. However, in no case shall said acting
position compensation be less than 4.5%. Eligibility for this "acting"
compensation is contingent on the responsible supervisor determining that the
employee has satisfactorily served the necessary consecutive work days in the
acting position. For example, if an employee serves in an acting position for 29
consecutive work days, is removed, and reappointed 10 work days later for a
period of 29 consecutive days, no acting compensation shall be paid. If an
employee works for 45 consecutive work days in an acting position, is then
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removed from the acting position and reappointed 10 working days later for 20
work days, no acting pay is earned during the 20 work day period. The
employee shall return to his/her original position and salary step at the discretion
of the Personnel Officer. The term of an "acting appointment" shall last not
longer than one (1) year (365 consecutive calendar days.)
Section 2.5 Salary Deduction
The District shall maintain a "414(h)(2)" plan under the Internal Revenue
Code for the purpose of treating contributions to PERS as deferred income for
tax purposes to the extent permitted by law. Contributions will continue to be
deducted from the employee's actual gross salary as reflected on the employee's
pay stub. Employees shall otherwise be responsible for all taxes related to fringe
and reimbursement benefits and the District shall make deductions in
accordance with the law.
Section 2.6 Probation
Effective October 1, 2006, all new hires shall be subject to a twelve (12)
month probationary period. Such new hires shall accrue vacation commencing
with the start of employment but shall be ineligible to use accrued vacation time
prior to successful completion of six (6) months of service.
An existing employee who is promoted to a new position shall be required
to serve a six (6) month promotional probationary period in the promotional
position.
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ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF
Section 3.1 Overtime
A. Non-exempt FLSA unit employees covered by this Memorandum of
Understanding who perform authorized work in excess of forty (40) hours in a
seven (7) day work period, shall be compensated for such overtime work at the
rate of one and one-half times his/her regular hourly rate of pay. Overtime shall
be calculated to the nearest one-quarter hour of overtime worked. In order to
receive overtime compensation, non-emergency overtime must be authorized in
advance by the appropriate department manager and approved by the General
Manager.
B. Exempt employees covered by this Memorandum of Understanding
shall be compensated for overtime at a straight time rate, pursuant to all of the
conditions precedent to overtime eligibility as stated in Section 3(A) above.
C. 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. Utilized
compensatory time off shall be considered hours worked for purposes of
computing overtime eligibility.
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Section 3.2 Compensatory Time
At the employee's option, overtime may be earned as "compensatory time
off" instead of as cash. The maximum amount of compensatory time off which
shall be accrued is forty (40) hours. Compensatory time off shall be credited at
the rate of 1-1/2 hours of compensatory time off for each hour of overtime
worked.
At the employee's discretion, the employee may submit a written request
to payroll for cash distribution of not greater than twenty (20) hours of accrued
compensatory time off during any payroll period. Upon separation from
employment, the employee shall be compensated at the then existing regular
rate of pay for all accrued compensatory time off.
An employee desiring to utilize compensatory time off shall submit a
written application to a supervisor authorized to grant the use of the time off, and
shall be allowed the time off, in 15 minute increments, unless in the supervisor's
sole determination, use of the compensatory time off at the requested date and
time, shall result in an undue hardship to the District.
ARTICLE 4. STANDBY AND CALL OUT COMPENSATION
(Implementation of the following 1.5 hour minimum compensation at the
1.5 premium rate shall be effective on and after Board adoption of this MOU)
Section 4.1 Standby Compensation
A unit employee assigned to standby duty for purposes of being on call to
handle emergency situations arising at times other than normal scheduled
working hours, and not as an extension of a regularly scheduled shift, shall be
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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 a unit 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 Distribution Operator II positions determined qualified by the District
shall be eligible for standby duty. Otherwise, standby eligibility will be as existed
prior to the date of this Memorandum of Understanding.) The pay for standby
compensation may be accrued to the second payday in December and paid in a
lump sum or it may be paid at the regular pay period in which the standby duty is
completed.
Section 4.2 Call-Out Compensation
Call-out compensation shall be defined and governed as follows:
A "call-out" occurs when a unit employee on assigned standby duty is
required to return to a District-designated worksite or is otherwise required to
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commence work following completion of the employee's regularly scheduled
work shift and following the employee's departure from the worksite at the end of
that 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 a minimum compensation of two (2) hours at 1.5 times the
employee's base 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, there shall
be only one, two (2) hour minimum compensation at 1.5 times the employee's
base rate of pay. 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 1.5
times the employee's base 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 commencement of the initial call-out and
commencement of the subsequent call-out, there shall be a one and one-half
(1.5) hour minimum call-out compensation provided to the employee for this
subsequent call-out. This one and one-half (1.5) hour minimum eligibility shall
repeat itself throughout the standby period as long as there is a one and one half
(1.5) hour or more passage of time between the initial of any subsequent call-out
and the following call-out.
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EXAMPLE: Start Shift 0700 - End Shift 1630
1630 1700 1730 1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300 2400
Call out 10 30 30
commences minute minute minutes
1800 & ends phone call
1900 call
= 2 hours x included .25 1.5
1.5 times in 2 hour hour hours
base hourly minimum at 1.5 at 1.5
rate times times
base base
hourly hourly
rate rate
Call-out commences at 1800 hours and is completed at 1900 hours. The
employee shall be paid two (2) hours compensation at 1.5 times the base hourly
rate. At 1930 hours, the employee commences a ten (10) minute electronic call.
No additional payment is due as the employee has already received the two (2)
hour minimum. At 1945 hours, the employee commences a thirty (30) minute
electronic call. The employee shall be paid for .25 additional hours at 1.5 times
the base hourly rate, as the employee has already received the two (2) hour
minimum. The call which lasted until 2015 hours commenced during the initial
two (2) hour minimum payment period of time but exceeded that period by fifteen
(15) minutes. However, if the initial call-out commenced at 1830 hours and is
completed at 1900 hours and the next call-out commenced at 2030 hours, the
employee would be eligible for a one and one-half (1.5) hour minimum call-out
payment at 1.5 times the employee's base hourly rate, because one and one half
(1.5) hours or more have passed between the initial call-out and the subsequent
call-out. It would not be until a subsequent call-out was to commence on or after
2200 hours that the employee would be eligible for an additional one and one-
half (1.5) hour minimum.
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Where a "call-out" requires the employee to leave his/her residence and
respond to a designated worksite, computation of compensable work hours shall
commence with and include travel time to and from the residence and the
worksite. Compensable work hours shall also include the 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."
ARTICLE 5. INSURANCE
Section 5.1 Life Insurance
The District shall continue to provide group life insurance, in the amount of
one times basic annual salary rounded to the next higher multiple of $1,000, for
each full-time permanent unit employee under age 70 on the first day of the
month following their date of hire, in accordance with the provisions of the
contract between the District and any company of the District's choosing
providing such coverage. An employee may increase the coverage by up to an
additional $100,000 by authorizing the additional premium to be deducted from
his/her salary.
Section 5.2 Health Insurance
The District shall pay 100% of the premium for hospital and medical
insurance for all unit employees who work in excess of 30 hours per week, after
they have worked for two calendar months, and up to 2/3 of the additional
premium toward unit employee dependent coverage for covered employees with
one dependent or up to 2/3 of the additional premium toward unit employee
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dependent coverage for covered employees with more than one dependent in
accordance with the provisions of any contract between the District and any
company or companies of the District's choosing. The individual employee shall
pay the cost of the difference in premium, to be deducted from his/her salary to
cover the employee's share of the dependent coverage. The employees shall
have the option of selecting a District-designated Health Maintenance
Organization ("HMO"). The District contribution for HMO coverage will be in
accordance with this paragraph.
Section 5.3 Dental Insurance
The District shall pay 100% of the premium for dental insurance for all unit
employees who work 30 hours or more per week, after they have worked for two
calendar months, and 2/3 of the additional premium toward unit employee
dependent coverage for covered employees with one dependent or 2/3 of the
additional premium toward unit employee dependent coverage for covered
employees with more than one dependent in accordance with the provisions of
any contract between the District and any company or companies of the District's
choosing. The individual employee shall pay the cost of the difference in
premium, to be deducted from his/her salary. The employees shall have the
option of selecting "Delta Care" with the contribution for "Delta Care" to be in
accordance with this paragraph.
Section 5.4 Vision Coverage
The District shall pay 100% of the premium, toward the premium for vision
insurance for unit members who work more than 30 hours per week,
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commencing the first day of the month following the month of hire and 2/3 of the
additional premium toward dependent coverage for covered employees with one
dependent, or 2/3 of the additional premium toward dependent coverage for
covered employees with more than one dependent, in accordance with the
provisions of any contract between the District and any company or companies of
the District's choosing. The individual employee shall pay the cost of the
difference in premium, to be deducted from his/her salary.
Section 5.5 Domestic Partners
Effective October 1, 2006, "dependent" shall include a domestic partner
for whom a California State Registration Certificate is provided.
Section 5.6 Retiree Insurance Benefits
As regards individuals employed by the District on or before the adoption
of the 2011-2012 MOU, and subject to carrier approval, the District shall pay the
amounts provided in Sections 5.2, 5.3 and 5.4 of this Agreement for any
employee who retires from the District for a period of time which is equivalent to
one (1) year or pro-ration thereof on a monthly basis for each three (3) years of
service to the District or pro-ration thereof on a quarterly basis. To be eligible for
this benefit, the employee must be at least 50 years of age, must have five (5)
years of service with the District, must provide ninety (90) days notice of intent to
retire, must remain in a retired status, and must retire from the District during the
term of this Agreement while in good standing (did not retire after being provided
written notice that disciplinary investigation/proceedings were pending which in
the sole judgment of the District are reasonably anticipated to result in a
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recommendation of dismissal from employment or which have resulted in a
determination by the District to impose dismissal. If a dismissal is appealed and
results in a final administrative decision, (and where appealable, a court
determination) reinstating the employee, the withheld benefit shall be
retroactively implemented to the date of dismissal.) If any benefit period remains
when the employee or his/her spouse reaches ages 65, whichever is latest, the
coverage shall end and convert to Medicare Supplement for the remainder of the
benefit period. For purposes of this Agreement, retired status means that the
employee shall not work for compensation for more than nine hundred sixty (960)
hours in any fiscal year (July 1 through June 30). The District shall require an
employee to certify under penalty of perjury that the employee has remained on
retired status and/or to submit to such additional verification as the District deems
necessary to demonstrate retired status. The retired employee must make any
contribution required of a regular employee pursuant to Section 5.2, 5.3 or 5.4
prior to 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.
Individuals hired after the adoption date of this 2011-2012 MOU, shall be
ineligible to receive this benefit.
Section 5.7 Cafeteria Plan
To the extent lawful, the District shall extend its current plan under Section
125 of the Internal Revenue Code to cover unit employees.
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Section 5.8 Long-Term Disability
The District shall provide a long-term disability plan for employees which
has a 90-day elimination period and provides at least sixty percent (60%) of
salary for a designated period of time in accordance with coverage procured by
the District from a carrier to be determined at the District's sole discretion.
ARTICLE 6. HOURS
1. The regular work week for all full-time unit employees covered by
this MOU shall be forty (40) hours as scheduled by department heads. It is
expressly understood the department manager may schedule maintenance and
plant operation shifts which include evening, weekend and holiday work.
(Specifically, the department manager may create crews consisting of two
individuals, one from either a Sr. Maintenance Distribution Operator or
Maintenance Distribution Operator III, and the other from a Maintenance
Distribution Operator II or Maintenance Worker I position assigned to an on-duty
maintenance shift available for emergency situations and other maintenance
assignments that may be required to work Fridays, Saturdays or Sundays.
Volunteers for such crews shall first be solicited. In the event that there are
insufficient volunteers, all maintenance employees shall be assigned to such
crews on a three (3) month rotating basis. Employees may work out trades,
provided that the trade is completed within the same work week and one (1) day
notice is given to the supervisor. Plant operators shall be assigned in
accordance with past practice. For all unit employees with an average regular
work week of forty (40) hours, the hourly rate of pay shall be twelve times the
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monthly rate divided by 2,080 (40 hours times 52 weeks). An employee may
request a part-time assignment which shall be granted at the sole discretion of
the General Manager or his/her designee.
2. Effective as soon as is reasonably practicable after adoption of the
2011-2012 MOU, but not later than January 1, 2012 unit members shall be
assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of
work each day (a 4/10 schedule.) 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 immediately prior to implementation of the 4/10 schedule.
Any District-proposed change to the 9/80 schedule shall be subject to the meet
and confer process. Employees shall continue to earn sick leave at the rate of
3.70 hours per payroll period.
3. Those unit employees covered by this Memorandum of
Understanding whose regularly scheduled forty (40) hour work week or special
shift work week includes working hours after 6:00 P.M. and/or before 6:00 A.M.
Monday through Thursday, and/or any hours on Friday, Saturday and/or Sunday
and/or holidays, shall be paid a differential equal to their regular hourly rate plus
five percent (5%) for each hour worked after 6:00 P.M. and/or before 6:00 A.M.
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Monday through Thursday, and/or all hours worked on Friday, Saturday and/or
Sunday and/or holidays.
ARTICLE 7. HOLIDAYS
1. Holidays for full-time unit employees covered by this Memorandum
of Understanding (with the exception of employees assigned to special shift work
for pumping plant operations and on-duty maintenance available for emergency
situations) as set forth in Exhibit "C".
2. 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.
For those unit employees whose scheduled work week is Monday
through Thursday, a holiday falling on a Friday or Saturday shall not result in
Thursday being a holiday, and a holiday falling on a Sunday, shall not result in
Monday being a holiday. Instead observed holidays that fall on a Friday,
Saturday or Sunday shall be recognized as floating holidays earned. The floating
holidays earned as a result of the above situation shall be used within 12 months
following the accrual of each floating holiday.
3. Unit employees assigned to special shift work shall be entitled to
receive one day of paid time off (an in-lieu holiday) on a day designated or
approved by the District at the regular rate of pay for each holiday whether or not
the holiday falls on a regularly scheduled workday for that employee, so long as
the pumping plant is manned and/or a maintenance crew is on duty at work for
emergency situations during the holiday period.
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4. If unit employees, other than employees assigned to special shift
work, are required to work on a recognized holiday, they shall receive, in addition
to the paid holiday, compensation equivalent to one and one-half (1-1/2) times
their regular rate of pay for the time actually worked during a regularly scheduled
holiday.
5. In order to be eligible for holiday pay, a unit employee must be
either at work or on paid leave of absence on the regularly scheduled workday
immediately preceding the day observed as the holiday and the regularly
scheduled workday immediately following the day observed as the holiday.
ARTICLE 8. VACATION
1. Unit employees covered by this Memorandum of Understanding
shall receive annual vacation with pay in accordance with the following
provisions:
Full-time unit employees with an average regular work week of 40
hours shall accrue paid vacation at the following rate per month:
1St month but less 3.077 hrs/payroll period
than 60 months
Service
61 months but less 4.615 hrs/payroll period
than 180 months
Service
180 months plus 6.153 hrs/payroll period
Service
Part-time unit employees shall accrue paid vacation in proportion to
the average or normal hours worked as a part-time employee.
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2. For vacation accrual, the last day of the month shall be considered
the ending of the accrual period and all accruals for the preceding month or
fraction of a month thereof shall be credited to the employee at this time;
provided, however, that the date for determining a change in the accrual rate
provided in paragraph 9.1(a) shall be the first day of the month on which the
employee was hired by the District.
3. Paid vacation hours shall continue to accrue in accordance with the
above provisions during any period of leave with pay.
4. All vacations shall be scheduled and taken in accordance with the
best interest of the District and the department in which the employee is
employed.
5. The maximum amount of vacation that may be taken at any given
time shall be that amount that has accrued to the employee concerned. The
minimum amount of vacation that may be taken at any given time shall be fifteen
(15) minutes.
6. A unit employee shall be eligible to take any accrued vacation after
completion of thirteen (13) pay periods during their original twelve (12) month
probationary period.
7. Each unit employee shall have vacation time deducted in fifteen
(15) minute increments.
8. The maximum vacation that may be accrued shall not be more than
one and one-half (1-1/2) times the amount that may be accrued in one year of
service. If the employee has accrued the maximum amount of hours of vacation,
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no additional hours shall be accrued, nor shall the cash equivalent of what would
have been excess hours, be earned by the employee. However, where in the
sole discretion of the General Manager it is determined that requirements of the
District are the sole reason for an employee being unable to timely schedule and
utilize vacation time off, said employee may be provided authorization to accrue
additional vacation time in an amount determined in the sole discretion of the
General Manager.
9. Upon termination, a unit employee shall be compensated in cash at
his/her current rate of pay for any vacation accrued but not taken.
10. In the event that any recognized holiday occurs during a unit
employee's vacation, the vacation account shall not be debited for the holiday
hours. The only vacation hours that shall be charged against the employee's
accrued vacation time shall be those hours that the employee is regularly
scheduled to work.
11. For the term of this MOU only, unit members who have been
employed by the District for more than one year may sell to the District up to forty
(40) hours of accrued unused vacation time upon thirty (30) days prior notice,
provided that a minimum of one-half (1/2) the vacation time to which he/she is
entitled within the same annual period of the sold vacation time remains in the
employee's vacation account after the cash distribution. A member who has
been employed by the District for more than one year may also buy from the
District up to an additional forty (40) hours of vacation time within any calendar
year for use during the same calendar year, provided that full and complete
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payment has been made for the purchased vacation time by salary modification
prior to use of the vacation time. It is expressly understood that this benefit is
provided at the sole discretion of the District and shall automatically terminate
upon the expiration of this MOU unless an extension is expressly agreed to by
the District.
ARTICLE 9. LEAVES
Section 9.1 Sick Leave
1. Sick leave is provided for use if the employee is unable to work
because of illness, and as otherwise allowed by law.
2. A unit employee eligible for paid sick leave shall be granted such
leave for the following reasons:
(a) Physical incapacity of the employee due to illness or injury.
(b) Enforced quarantine of the employee in accordance with
community health regulations.
(c) Illness of a member of the employee's immediate family
(child, parent, spouse or domestic partner) which requires the attendance of the
employee (sick leave usage shall not exceed one half (1/2) of a year's accrual of
sick leave.)
(d) Routine medical or dental appointments for the employee
only or illness of an emergency nature within the employee's immediate family.
In order to receive sick pay for the routine medical or dental appointments, the
employee must notify his immediate supervisor twenty-four (24) hours in
advance; otherwise, sick leave will be denied. Sick leave for routine medical or
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dental leave is for the length of the appointment only and for reasonable travel
time to and from the appointment and the work site.
3. In the event that a unit employee is absent on paid sick leave in
excess of one (1) day, or if the District has cause to believe that an employee is
misusing sick leave, the District may require that the employee submit a written
statement by a physician licensed by the State of California certifying that the
employee's or the employee's family member's condition prevented him/her from
performing the duties of his/her position.
4. Unit employees shall accrue annual sick leave with pay in
accordance with the following provisions:
Full-time unit employees with an average regular work week of forty
(40) hours shall receive paid sick leave at the rate of 3.70 hours per payroll
period.
Part-time unit employees shall receive sick pay in proportion to the
average or normal hours worked as a part-time, employee (e.g., an employee
whose regular work week is twenty (20) hours shall receive one-half (1/2) day
sick leave per month).
Paid sick leave shall continue to accrue in accordance with the
above provisions during any period of leave with pay.
5. Each unit employee may use sick leave in fifteen (15) minute
increments. An employee with a regular workday of ten (10) hours shall have ten
(10) hours deducted from his/her accrued sick leave time for each regularly
scheduled working day that he/she is on paid sick leave.
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6. In the event that any paid holiday occurs during a period when a
unit employee is on paid sick leave, the employee's sick leave account shall not
be debited for what would otherwise be a holiday usage. The only sick leave
hours that shall be charged against the employee's accrued sick leave shall be
those hours that the employee is regularly scheduled to work.
7. A unit employee who retires (in accordance with the Public
Employees' Retirement System qualifications) shall be paid at the rate of his final
salary for 3/8 of his/her accumulated days of sick leave, if any, at the time of
separation from active employment. If the employee should die, his/her estate
shall be entitled to such payment.
Section 9.2 Disability Leave
1. In situations where a unit employee has been injured in a non-duty
accident and his/her disability leave exceeds one calendar month or the total use
of his/her accumulated leaves, including sick leave, paid time off and vacation
exceeds one calendar month, that portion of the leave exceeding 30 calendar
days, shall constitute a break in service and his/her merit review dates and
anniversary date will be adjusted accordingly.
2. An injured employee may elect to take as much of his/her
accumulated sick leave, or his/her accumulated vacation as when added to
his/her disability indemnity will result in a payment to him/her of not more than
his/her full salary or wage.
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Section 9.3 Leave of Absence Without Pay
1. Department managers may grant a regular or probationary unit
employee leave of absence without pay for a period not to exceed two (2) weeks.
Such leaves shall be reported to the Personnel Officer in the manner and method
which he/she shall prescribe.
2. The General Manager may grant a regular or probationary unit
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 shall be in writing from the General Manager or his/her designee and
entirely within his/her discretion.
3. In situations where a unit employee shall request leave without pay
for a period in excess of one (1) calendar month, he/she shall submit to the
District any and all actual premiums for any and all insurance coverage. If the
employee chooses not to submit any or all of these premiums, his/her coverage
shall be terminated within the limits prescribed by the benefit carriers and will be
reinstated within the limits prescribed by the benefit carrier at the time of his/her
reinstatement by the District.
4. Upon expiration of a regularly approved leave or within twenty-four
(24) hours notice to return to duty, the unit employee shall be reinstated in the
position held at the time the leave was granted. Failure on the part of a unit
employee on leave to report promptly at its expiration, or within forty-eight (48)
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hours after notice to return to duty shall be cause for immediate discharge. The
depositing in the United States mail of a first-class postage-paid letter addressed
to the unit employee's last known place of residence shall be reasonable notice.
Section 9.4 Maternity Leave
Maternity leave with or without pay shall follow the same procedures as
leave granted for other disabilities provided, however, that an employee who has
exhausted all accrued sick leave, compensatory time and vacation time shall be
entitled to an unpaid leave of absence for a total of four (4) months leave when
combined with sick leave, vacation and compensatory time, provided that the
employee furnishes to District a physician's verification of inability to work. Each
request for maternity leave must be accompanied by a statement from a licensed
physician verifying the pregnancy, the last day the unit member may work, and
the expected date of return to work. In no case will the expectant mother be
allowed to work beyond the date specified by her physician, and notification must
be given to the District thirty (30) days prior to the last scheduled date of work.
Section 9.5 Jury Duty/Court Testimony
A full-time unit employee required to serve as a trial juror shall be entitled
to be absent from his/her duties during the period of such service. During these
periods of service, the employee shall receive full compensation from the District
for a period not to exceed 10 working days for each period of jury duty. If court
records indicate that the employee advised the court of this 10 working day limit,
and the employee is nonetheless selected for a jury where the jury duty exceeds
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10 working days, the excess days shall be paid by the District, if witness fees or
juror fees, except mileage reimbursement, are submitted to the District.
Section 9.6 Bereavement Leave
Upon the death of a member of an employee's immediate family, an
employee shall be entitled to use up to three (3) days of District-paid
bereavement leave for attendance at funeral services and conduct of business
associated with the deceased. Immediate family shall include spouse, child,
brother, sister, parent, parent-in-law, grandparent, grandchild, son-in-law,
daughter-in-law, stepparent, stepbrother, stepsister, stepchild, a state registered
domestic partner or any other relative living in the same household. The General
Manager, at his/her sole discretion, may allow the employee to use up to an
additional four (4) days of sick leave for this purpose or use of such leave for
bereavement of non-immediate family members.
Section 9.7 Emergency Leave Policy
The emergency leave policy is attached hereto as Exhibit "D."
ARTICLE 10. GRIEVANCE PROCEDURE
Section 10.1 Purpose
The purpose of this section is to enhance communications between the
District and unit employees by providing a fair and impartial review and
consideration of grievances at the level closest to their point of origin within a
reasonable time period without jeopardizing the employee's position or
employment.
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Section 10.2 Matters Subiect to the Grievance Procedure
1. A grievance may be filed for the alleged violation of this
Memorandum of Understanding.
2. The grievance procedure shall not be used to establish new
policies or change any existing rules. It shall not be used in matters resulting
from any form of disciplinary action or evaluation content.
Section 10.3 Informal Grievance Adiustment
1. Whenever possible, a unit employee who has a complaint shall try
to solve the problem through informal discussion with his/her supervisor not later
than 10 working days after the aggrieved employee knew or reasonably should
have known of the basis for commencing the grievance procedure. The
supervisor shall make whatever investigation he/she deems necessary and reply
in writing within ten (10) working days. Any matters for which he/she does not
have authority to make a decision shall be brought to the attention of a higher
level supervisor who does have the proper authority.
2. If the unit employee is not satisfied with the decision reached
through the informal discussion, and/or some other extenuating circumstances
exist, he/she shall in writing bring the matter to the attention of the next level of
authority not later than ten (10) working days after receipt of the informal
decision. The higher level supervisor shall make whatever investigation he/she
deems necessary and reply in writing not later than ten (10) working days after
receipt of the written grievance. If the employee is still not satisfied with the
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decision, he/she may file a formal grievance within ten (10) working days of
receipt of the higher level supervisor's written decision.
Section 10.4 Formal Grievance Procedure
1. The formal grievance procedure may be followed only after failure
to resolve a problem through informal grievance adjustment. If the unit employee
is not in agreement with the informal written decision reached, he/she may, within
ten (10) working days of the receipt of the higher level supervisor's written
decision, file a formal grievance in writing with the Personnel Officer with a copy
to the General Manager. The Personnel Officer shall make whatever
investigation he/she deems necessary to allow fair consideration of the situation
and shall present a written reply to the employee within ten working days after
receipt of the written grievance. A copy of the reply shall be forwarded to the
General Manager.
2. If the unit employee is not satisfied with the decision of the
Personnel Officer, he/she may file a written appeal to the General Manager
within five (5) working days after having received the written reply of the
Personnel Officer. Within ten (10) working days of receipt of the written appeal,
the General Manager shall make a written decision which shall be final and
binding on all parties. The General Manager may conduct whatever investigation
and/or meeting(s) which he/she deems appropriate.
Section 10.5 General Conditions
1. The Personnel Officer shall receive and retain copies of all written
materials pertaining to the grievance.
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2. A unit employee may represent himself/herself or at his/her own
expense, select whomever he/she desires to represent him/her in the grievance
procedure.
3. If a unit employee fails to proceed with a grievance within any of the
time limits specified in the section, the grievance shall be deemed denied with no
further basis for appeal.
4. If a District supervisor/manager below the level of the General
Manager fails to reply within any of the time limits specified in this section, the
grievance shall be deemed denied. The time limits for appeal of a denied
grievance shall commence running either upon receipt by the grievant of a timely
written grievance rejection, or absent such rejection, at the end of the supervisory
reply period, where no written rejection has been provided.
5. Any of the time limits specified in this section may be extended
when mutually agreed upon by all parties concerned.
6. Either the grievant, or the Personnel Officer or General Manager,
may request a meeting to review the grievance prior to a decision.
7. When it is grievant or designated representative to attend a
grievance meeting or hearing with management during the work day, he/she will
be released without loss of pay in order to permit participation in the foregoing
activities provided advance arrangements are made with the employee's
department head.
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ARTICLE 11. EMPLOYEE DISCIPLINE
Section 11.1 Forms of Discipline
The employment of every unit employee who has passed probation shall
be subject to suspension, demotion or dismissal for cause.
Section 11.2 Procedure
1. When a unit employee who has passed probation is to be
dismissed, demoted or suspended without pay, specific written charges shall be
prepared and presented by the employee's department manager for action by the
Personnel Officer.
2. The Personnel Officer shall provide such a unit employee with
written notice of the proposed action, the date it will be effective, the charge(s) on
which the proposal is based, and relevant written materials, written reports and
documents, and notification that the employee is entitled to respond to the
charges as provided below.
Prior to the effective date of the proposed action, such a unit employee
shall have the right to file with the Personnel Officer a written response to the
charges or request the right to make an oral response. The Personnel Officer
may act upon the initial written or oral presentation of the employee or may
request that the employee submit a further response in writing, or permit the
employee a further oral presentation. Failure of the employee to make a written
response or request an oral presentation shall constitute waiver of this pre-
disciplinary provision. At his/her own expense, the employee shall be entitled to
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be represented by counsel or other person of his/her choosing during the course
of the above proceedings.
3. The Personnel Officer shall provide written notice of his/her final
determination to such a unit employee. The decision of the Personnel Officer
shall be immediately implemented.
Section 11.3 Appeal of Disciplinary Action
1. When disciplinary action has been taken by the Personnel Officer
pursuant to Section 11.2 the employee shall have the right to appeal. Appeal
shall not suspend the effective date of the discipline. Failure to timely appeal by
the employee or his/her representative will make the action by the Personnel
Officer final and conclusive.
2. Subject to paragraph 11.3.1, such a unit employee who has been
disciplined, within fifteen (15) calendar days after having been furnished with a
copy of the final notice of action by the Personnel Officer may appeal to the
Board of Directors by filing with the General Manager a written answer to the
charges and requesting a hearing thereon.
3. In the case of suspensions of less than ten (10) working days, the
Board of Directors may appoint two (2) of its members to informally hear and
make recommendations concerning the appeal. No written transcript of
proceedings shall be required, but any documents submitted by either side shall
be included with the report of the two (2) members. The report of the two (2)
members shall be submitted to the full Board and shall include a summary of the
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facts supporting their recommendation that the discipline be sustained, modified,
or rejected. The determination of the full Board shall be final.
4. In the case of a disciplinary action other than set forth in paragraph
11.3.3, the Board of Directors shall appoint a hearing officer to conduct a hearing
on appeal of any disciplinary action.
5. 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.
6. The hearing officer shall determine the relevancy, weight, and
credibility of testimony and evidence. The hearing officer shall base his/her
findings on the preponderance of evidence.
7. Each side will be permitted an opening statement and closing
argument. The Personnel Officer or his/her representative shall first present
his/her witnesses and evidence to sustain the charges and the unit employee will
then present his/her witnesses and evidence in defense.
8. Each side will be allowed to examine and cross-examine witnesses.
9. Both the Personnel Officer and the unit employee may be
represented by legal counsel. The unit employee may retain counsel or other
representative, at his/her own expense.
10. The hearing officer shall, if requested by either party, subpoena
witnesses and/or require production of other relevant records or relevant
evidence.
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11. The hearing officer may, prior to or during a hearing, grant a
continuance for any reason he/she believes to be important to his/her reaching a
fair and proper decision.
12. The hearing officer shall prepare a recommended decision and
forward it to the Board of Directors no later than thirty (30) days after the matter
of appeal was taken under submission by the hearing officer. The recommended
decision shall set forth which charges, if any, the hearing officer feels are
sustained and the reasons therefore.
13. Such an employee or his/she representative may obtain a copy of
the transcript of the hearing upon request and agreement to pay for necessary
costs.
14. After receiving the recommendation of the committee of the two (2)
members or the hearing officer, and after consideration of the record only, the
Board of Directors may sustain or reject any or all of the charges filed against the
unit employee. If the Board of Directors modifies the discipline, the Board shall,
consistent with its decision, order all or part of the employee's full compensation
from the time of dismissal or suspension to be paid.
15. Such a unit employee who has been suspended or dismissed may
be reinstated to his/her position as a result of a successful appeal. In the event
of such reinstatement, the employee shall be entitled to his/her former status of
employment.
16. Dismissal of a unit employee from the District service following the
pre-disciplinary meeting at the Personnel Officer level, shall:
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(a) Constitute a dismissal as of the same date from all positions
which the unit employee may hold in the District service.
(b) Terminate the salary of the unit employee as of the effective
date of his/her dismissal except that he/she shall be compensated for any unpaid
salary, unused vacation, compensatory time off, and "alternative time" to his/her
credit as of the date of dismissal.
ARTICLE 12. JOB POSTING
All openings for employment positions in the District shall be posted for at
least two (2) weeks prior to the deadline for submission of applications.
ARTICLE 13. MISCELLANEOUS BENEFITS
Section 13.1 Safety Boot Allowance
Unit employees including those assigned to Engineering who are required
to wear work boots in the performance of their job, as determined by the
Department Manager, shall be eligible for District-purchased boots in an amount
not to exceed $200.00, provided that the boots are from a list pre-approved by
the General Manager or his/her designee. The difference between $200.00 and
the amount actually used may be carried over for one year and combined with a
subsequent allocation for boot reimbursement.
Section 13.2 Reimbursement for Certificates
The District shall reimburse unit employees for sums paid to the
appropriate state agencies for obtaining or renewing of production or distribution
certificates. In addition, a one-time per fiscal year payment of $150.00 per
certificate shall be provided to an affected employee who has qualified for and
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been issued a State of California Department of Health Services Treatment
and/or Distribution certificate which has been determined in the sole discretion of
the General Manager to be relevant to the employee's duties and which is other
than a certificate which is a job requirement. The $150.00 payment shall apply
for any Distribution and/or Treatment Certificates issued by the State of California
Department of Health Services that are acquired above and beyond the required
certification for a specific classification within the District's Operations
Department and shall be issued during each year in which the applicable
certificate(s) remains valid and remains other than a certificate which is a job
requirement. The table below identifies the positions that require specific State
of California certifications.
CLASSIFICATION REQ'D TREATMENT REQ'D DISTRIBUTION
PLANT OPERATOR II T2 D3
SR. PLANT OPERATOR T2 D3
MAINT. WORKER I D1
(REQUIRED TO
ACHIEVE STEPS 8 AND
9 IN SALARY RANGE)
MAINT. DIST. OPERATOR II D2
MAINT. DIST. OPERATOR III D3
SR. MAINT. DIST. OPERATOR D3
Section 13.3 Education Reimbursement
The District shall provide educational reimbursement to unit employees for
costs of tuition, fees, books and parking relating to educational courses taken
and completed at accredited institutions at a rate not to exceed standard resident
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fees as charged by the California State University. Tuition shall not be granted for
on-line attendance or other attendances at what are referred to as "degree mills."
For purposes of this MOU only, a "degree mill" is an organization that awards
academic degrees and diplomas with substandard or no academic study and
without recognition by official educational accrediting bodies. These degrees are
often awarded based on vaguely construed life experience. Some such
organizations claim accreditation by non-recognized/unapproved accrediting bodies
set up for the purposes of providing a veneer of authenticity. Course work must be
job related as determined and approved in advance by the General Manager.
Proof of payment and successful completion of the course must accompany the
reimbursement request on a form provided by the District. (If a licensing agency
requires a minimum grade, that grade shall be the measure of "successful"
course completion.) Employee shall be responsible for any tax consequences as
a result of education reimbursement.
If for any reason, the employee separates from District employment prior
to completion of one (1) calendar year from the date of distribution by the District
of funds provided for herein, all such amounts distributed during that one (1)
calendar year period, shall be considered a judgment due and owing to the
District. The judgment amount shall be deducted from the employee's closing
check. Any remaining, non-reimbursed amount shall be paid to the District within
ninety (90) calendar days of separation from District employment. Each
employee receiving funds pursuant to this Section shall sign a written agreement
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to comply with the terms of this section as a condition precedent to receipt of any
such funds.
Section 13.4 Uniforms
The field uniforms provided to employees may include District-issued
shorts and T-shirts which may only be worn in accordance with District
established safety guidelines. Additionally, the District provides a District-funded
cleaning service for the above pants and shirts with name and District logo.
Section 13.5 Job Description
The Association hereby agrees to the implementation of the job
descriptions presented as of the date of ratification of this Agreement.
Section 13.6 Extended Work Accommodation
In any instance where at the direction of a supervisor, an affected
employee works sixteen (16) or more consecutive hours during a 24 hour period
of time said employee shall be provided at the end of the sixteen (16)
consecutive hours or longer assignment, with six (6) 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. In any instance where use of
the six (6) 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 six (6)
consecutive hour period would result in there being three (3) or less hours of
scheduled work shift time remaining should the employee return to his/her work
assignment, a manager shall have discretion to relieve the affected employee of
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the obligation to report to the District for the remainder of the scheduled hours of
work. Where the manager exercises that discretion, the three (3) or less
remaining hours of scheduled work shall be considered compensable hours
worked.
ARTICLE 14. DRUG POLICY
In addition to any other District adopted drug policy, effective January 1,
1996, the Yorba Linda Water District must comply with the United States
Department of Transportation regulations implementing the Federal Omnibus
Transportation Employee Testing Act of 1991. Specifically, the District must
comply with the regulations of the Federal Highway Administration (FHWA).
Adoption of a policy is one of the District's obligations under the regulations, and
it is the intent of the District to comply fully with both the letter and spirit of this
law, as well as to continue to administer the District's Drug Free Workplace
policy, adopted in 1993.
ARTICLE 15. COMPLETION OF MEET AND CONFER
It is understood that this MOU represents the sole and complete
understanding between the parties and shall govern their entire relationship and
shall be the sole source of any rights which may be asserted hereunder and that
the parties shall not be obligated to meet and confer except pursuant to their
mutual consent, or with respect to any subject or matter, specifically provided for
by this MOU. The parties further understand that all rights not clearly and
expressly limited by this MOU are expressly reserved to the District as evidenced
by the EERR, even though not enumerated in this MOU. The express provisions
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of this MOU constitute the only limitations upon the District's rights to determine,
implement, supplement, change, modify, or discontinue in whole or in part any
term or condition of employment or adopt any policy, rule, regulation or practice
as the District deems fit or appropriate (herein described as "management
rights",) provided however, that the District shall meet and confer as regards the
impact of its exercise of "management rights," and shall comply with all federal
and state laws relating to employee rights, opportunities and benefits.
ARTICLE 16. CONCERTED ACTIVITIES
1. Apart from and in addition to existing legal restrictions upon
remedies for work stoppages, the Association hereby agrees that neither it nor its
members, agents, representatives or persons acting in concert with any of them,
shall incite, engage or participate in any strike, walkout, slowdown, sick-out or
other work stoppage of any nature against the District whatsoever or
wheresoever located, including, but not limited to disputes which are related to
the subject matter contained in this MOU; disputes between the District and any
other organization, persons or employees; or jurisdictional disputes. In the event
of any strike, walkout, slowdown, sick-out or other work stoppage or threat
thereof against the District, the Association and its officers will take all steps
reasonably within their control to end or avert the same.
2. Those represented by the Association shall not authorize, engage
in, encourage, sanction, recognize or assist in any strike, walkout, sick-out or
other work stoppage or picket in furtherance thereof, or participate in concerted
interference in violation of this provision or refuse to perform duly assigned
THE YLWD EMPLOYEES ASSOCIATION MOU 201112012 42
526137.6 Y0030-013
services in violation of this provision. It is understood that any person
represented by the Association found in violation of this provision will be subject
to discipline, including termination, as determined appropriate by the District.
ARTICLE 17. TERM OF AGREEMENT
This agreement shall remain in force for the period of July 1, 2011 through
June 30, 2012 by resolution of the governing board of the District.
ARTICLE 18, DISTRICT GOVERNING BOARD APPROVAL
It is the understanding of the District and the Association that this MOU
shall have no force or effect whatsoever unless or until adopted by resolution of
the governing board of the District. Following approval of the governing board,
the District shall implement the terms of this MOU by appropriate resolution or
other means.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding the day, month
and year noted.
YORBA LINDA WATER DISTRICT YORBA LINDA WATER DISTRICT
EMPLOYEE'S Association
2-011
John Brundahl Date Ken Vecchiarelli Date
resident General Manager
, I 1 (71
Brian Vargas Date Gi a night \ Date
Vice Pres dent Iuma Resourcesi }
k.Rmik Manager
Je I Date
Director
THE YLWD EMPLOYEES ASSOCIATION MOU 201112012 43
526137.6 Y0030-013
e Anda Da e
aCtlor
Eduardo Gutierrez Date
Secretary
~ l - z 4- tr
Z Woller Date
easurer
THE YLWD EMPLOYEES ASSOCIATION MOU 201112012 44
526137.6 Y0030-013
EXHIBIT A
YORBA LINDA WATER DISTRICT
BARGAINING UNIT EMPLOYEES ASSOCIATION
SALARY RANGES AND AUTHORIZED CLASSIFICATIONS
07-01-2011 through 6-30-2012
CLASSIFICATION TITLE SALARY RANGES FLSA
Accounting Assistant I BU17 NON-EX
Accounting Assistant II BU21 NON-EX
Construction Inspector BU24 NON-EX
Customer Service Representative I BU15 NON-EX
Customer Service Representative 11 BU17 NON-EX
Customer Service Representative I I I BU19 NON-EX
Engineering Secretary BU17 NON-EX
Engineering Technician I BU20 NON-EX
Engineering Technician 11 BU24 NON-EX
Facilities Maintenance BU21 NON-EX
GIS Administrator BU26 NON-EX
GIS Technician BU24 NON-EX
Information Systems Technician BU22 NON-EX
Information Systems Technician II/Programmer BU24 NON-EX
Instrumentation Technician BU25 NON-EX
Maintenance Distribution Operator II BU20 NON-EX
Maintenance Distribution Operator III BU23 NON-EX
Maintenance Worker I BU17 NON-EX
Mechanic I BU17 NON-EX
Mechanic 11 BU21 NON-EX
Mechanic III BU23 NON-EX
Meter Reader I BU16 NON-EX
Meter Reader II BU18 NON-EX
Meter Services Lead BU23 NON-EX
Operations Assistant BU19 NON-EX
Plant Operator I BU 17 NON-EX
Plant Operator 11 BU23 NON-EX
Project Engineer BU26 EXMPT
Sr. Fleet Mechanic BU26 NON-EX
Sr. Maintenance Distribution Operator BU26 NON-EX
Sr. Plant Operator BU26 NON-EX
Water Quality Technician I BU20 NON-EX
Water Quality Technician 11 BU22 NON-EX
350831.1 Y0030-008
Exhibit "B"
Pay Plan Bargaining Unit Employees
Effective July 1, 2011 thru June 30, 2012
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
BU 1
Monthly $1,555.7942 $1,594.6891 $1,634.5563 $1,675.4202 $1,717.3057 $1,760.2384 $1,804.2443 $1,849.3504 $1,895.5842
Hourly $8.9757 $9.2001 $9.4301 $9.6659 $9.9075 $10.1552 $10.4091 $10.6693 $10.9361
BU 2
Monthly $1,633.5840 $1,674.4235 $1,716.2841 $1,759.1912 $1,803.1710 $1,848.2503 $1,894.4566 $1,941.8180 $1,990.3634
Hourly $9.4245 $9.6601 $9.9016 $10.1492 $10.4029 $10.6630 $10.9296 $11.2028 $11.4829
BU 3
Monthly $1,715.2631 $1,758.1447 $1,802.0983 $1,847.1508 $1,893.3296 $1,940.6628 $1,989.1794 $2,038.9089 $2,089.8816
Hourly $9.8957 $10.1431 $10.3967 $10.6566 $10.9231 $11.1961 $11.4760 $11.7629 $12.0570
BU 4
Monthly $1,801.0263 $1,846.0520 $1,892.2033 $1,939.5083 $1,987.9961 $2,037.6960 $2,088.6384 $2,140.8543 $2,194.3757
Hourly $10.3905 $10.6503 $10.9166 $11.1895 $11.4692 $11.7559 $12.0498 $12.3511 $12.6599
BU 5
Monthly $1,891.0776 $1,938.3546 $1,986.8134 $2,036.4838 $2,087.3959 $2,139.5808 $2,193.0703 $2,247.8970 $2,304.0945
Hourly $10.9101 $11.1828 $11.4624 $11.7489 $12.0427 $12.3437 $12.6523 $12.9686 $13.2929
BU 6
Monthly $1,985.6315 $2,035.2723 $2,086.1541 $2,138.3079 $2,191.7656 $2,246.5598 $2,302.7238 $2,360.2919 $2,419.2992
Hourly $11.4556 $11.7420 $12.0355 $12.3364 $12.6448 $12.9609 $13.2849 $13.6171 $13.9575
BU 7
Monthly $2,084.9131 $2,137.0359 $2,190.4618 $2,245.2233 $2,301.3539 $2,358.8878 $2,417.8600 $2,478.3065 $2,540.2641
Hourly $12.0283 $12.3291 $12.6373 $12.9532 $13.2770 $13.6090 $13.9492 $14.2979 $14.6554
BU 8
Monthly $2,189.1587 $2,243.8877 $2,299.9849 $2,357.4845 $2,416.4216 $2,476.8322 $2,538.7530 $2,602.2218 $2,667.2773
Hourly $12.6298 $12.9455 $13.2691 $13.6009 $13.9409 $14.2894 $14.6467 $15.0128 $15.3881
BU 9
Monthly $2,298.6167 $2,356.0821 $2,414.9841 $2,475.3587 $2,537.2427 $2,600.6738 $2,665.6906 $2,732.3329 $2,800.6412
Hourly $13.2613 $13.5928 $13.9326 $14.2809 $14.6379 $15.0039 $15.3790 $15.7635 $16.1575
BU 10
Monthly $2,413.5475 $2,473.8862 $2,535.7333 $2,599.1267 $2,664.1048 $2,730.7075 $2,798.9752 $2,868.9495 $2,940.6733
Hourly $13.9243 $14.2724 $14.6292 $14.9950 $15.3698 $15.7541 $16.1479 $16.5516 $16.9654
1
Exhibit "B"
Pay Plan Bargaining Unit Employees
Effective July 1, 2011 thru June 30, 2012
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
BU 11
Monthly $2,534.2249 $2,597.5805 $2,662.5200 $2,729.0830 $2,797.3101 $2,867.2428 $2,938.9239 $3,012.3970 $3,087.7069
Hourly $14.6205 $14.9860 $15.3607 $15.7447 $16.1383 $16.5418 $16.9553 $17.3792 $17.8137
BU 12
Monthly $2,660.9361 $2,727.4595 $2,795.6460 $2,865.5372 $2,937.1756 $3,010.6050 $3,085.8701 $3,163.0169 $3,242.0923
Hourly $15.3516 $15.7353 $16.1287 $16.5319 $16.9452 $17.3689 $17.8031 $18.2482 $18.7044
BU 13
Monthly $2,793.9829 $2,863.8325 $2,935.4283 $3,008.8140 $3,084.0344 $3,161.1352 $3,240.1636 $3,321.1677 $3,404.1969
Hourly $16.1191 $16.5221 $16.9352 $17.3585 $17.7925 $18.2373 $18.6933 $19.1606 $19.6396
BU 14
Monthly $2,933.6821 $3,007.0241 $3,082.1997 $3,159.2547 $3,238.2361 $3,319.1920 $3,402.1718 $3,487.2261 $3,574.4067
Hourly $16.9251 $17.3482 $17.7819 $18.2265 $18.6821 $19.1492 $19.6279 $20.1186 $20.6216
BU 15
Monthly $3,080.3662 $3,157.3753 $3,236.3097 $3,317.2175 $3,400.1479 $3,485.1516 $3,572.2804 $3,661.5874 $3,753.1271
Hourly $17.7713 $18.2156 $18.6710 $19.1378 $19.6162 $20.1066 $20.6093 $21.1245 $21.6527
BU 16
Monthly $3,234.3845 $3,315.2441 $3,398.1252 $3,483.0783 $3,570.1553 $3,659.4092 $3,750.8944 $3,844.6668 $3,940.7834
Hourly $18.6599 $19.1264 $19.6046 $20.0947 $20.5970 $21.1120 $21.6398 $22.1808 $22.7353
BU 17
Monthly $3,396.1037 $3,481.0063 $3,568.0315 $3,657.2322 $3,748.6631 $3,842.3796 $3,938.4391 $4,036.9001 $4,137.8226
Hourly $19.5929 $20.0827 $20.5848 $21.0994 $21.6269 $22.1676 $22.7218 $23.2898 $23.8721
BU 18
Monthly $3,565.9089 $3,655.0566 $3,746.4330 $3,840.0939 $3,936.0962 $4,034.4986 $4,135.3611 $4,238.7451 $4,344.7137
Hourly $20.5726 $21.0869 $21.6140 $22.1544 $22.7082 $23.2760 $23.8579 $24.4543 $25.0657
BU 19
Monthly $3,744.2043 $3,837.8094 $3,933.7547 $4,032.0985 $4,132.9010 $4,236.2235 $4,342.1291 $4,450.6824 $4,561.9494
Hourly $21.6012 $22.1412 $22.6947 $23.2621 $23.8437 $24.4398 $25.0507 $25.6770 $26.3189
BU 20
Monthly $3,931.4146 $4,029.6999 $4,130.4424 $4,233.7035 $4,339.5461 $4,448.0347 $4,559.2356 $4,673.2165 $4,790.0469
Hourly $22.6812 $23.2483 $23.8295 $24.4252 $25.0358 $25.6617 $26.3033 $26.9609 $27.6349
2
Exhibit "B"
Pay Plan Bargaining Unit Employees
Effective July 1, 2011 thru June 30, 2012
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
BU 21
Monthly $4,127.9853 $4,231.1849 $4,336.9645 $4,445.3887 $4,556.5234 $4,670.4365 $4,787.1974 $4,906.8773 $5,029.5492
Hourly $23.8153 $24.4107 $25.0209 $25.6465 $26.2876 $26.9448 $27.6184 $28.3089 $29.0166
BU 22
Monthly $4,334.3845 $4,442.7442 $4,553.8128 $4,667.6581 $4,784.3495 $4,903.9583 $5,026.5572 $5,152.2212 $5,281.0267
Hourly $25.0061 $25.6312 $26.2720 $26.9288 $27.6020 $28.2921 $28.9994 $29.7244 $30.4675
BU 23
Monthly $4,551.1038 $4,664.8814 $4,781.5034 $4,901.0410 $5,023.5670 $5,149.1562 $5,277.8851 $5,409.8322 $5,545.0780
Hourly $26.2564 $26.9128 $27.5856 $28.2752 $28.9821 $29.7067 $30.4493 $31.2106 $31.9908
BU 24
Monthly $4,778.6590 $4,898.1254 $5,020.5786 $5,146.0930 $5,274.7454 $5,406.6140 $5,541.7793 $5,680.3238 $5,822.3319
Hourly $27.5692 $28.2584 $28.9649 $29.6890 $30.4312 $31.1920 $31.9718 $32.7711 $33.5904
BU 25
Monthly $5,017.5919 $5,143.0317 $5,271.6075 $5,403.3977 $5,538.4826 $5,676.9447 $5,818.8683 $5,964.3400 $6,113.4485
Hourly $28.9476 $29.6713 $30.4131 $31.1734 $31.9528 $32.7516 $33.5704 $34.4097 $35.2699
BU 26
Monthly $5,268.4715 $5,400.1833 $5,535.1879 $5,673.5676 $5,815.4068 $5,960.7919 $6,109.8117 $6,262.5570 $6,419.1209
Hourly $30.3950 $31.1549 $31.9338 $32.7321 $33.5504 $34.3892 $35.2489 $36.1301 $37.0334
* In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated @ 2.5% between each step and 5.0% between each range.
3
EXHIBIT C
2011-2012 HOLIDAY SCHEDULE
1. Independence Day
2. Labor Day
3. Veterans Day
4. Thanksgiving
5. Day after Thanksgiving
6. Christmas Eve
7. Christmas Day
8. New Years Day
9. Presidents Day
10. Memorial Day
11. Employee Chosen Floater
350310.1 Y0030-008
Yorba Linda
Water District
Policies and Procedures EXHIBIT D
Policy No.: 7010-09-05
Effective Date: October 27, 2009
Prepared By: Gina Knight, HR Manager
Applicability: District Wide
POLICY: EMERGENCY LEAVE POLICY
1.0 PURPOSE
The purpose of this policy is to establish guidelines whereby regular full-time
employees may donate accrued leave hours to other employees who have
experienced a personal or immediate family member's catastrophic illness or
injury, which has created a financial hardship.
2.0 SCOPE
The Yorba Linda Water District (District) recognizes it is in the District's interest
to establish a policy that enables employees to donate on a voluntary and
confidential basis a portion of their vacation, alternate, compensatory and/or
administrative leave in increments of at least two (2) hours to fellow employees
who have experienced a catastrophic illness or injury. This policy delineates
procedures for the transfer of leave from one employee to another employee.
Income received as a result of this policy will be governed by applicable IRS
regulations.
A. Definition of Terms
1. Catastrophic illness or injury is defined as a serious illness or injury
expected to incapacitate the employee or immediate family member for
an extended period of time creating a financial hardship, because the
employee has exhausted all accumulated leave. Catastrophic illness
or injury for these purposes is further defined as a debilitating illness or
injury of the employee or an immediate family member, which will
result in the employee being required to take time off from work for an
extended period to care for the ill family member. As a result, the
employee may suffer financial hardship having exhausted all of his/her
accumulated leave.
Page 1
350835.1 Y0030-008
2. Donor is defined as a regular full-time District employee who has
passed his/her initial probation and has completed a voluntary request
form to transfer leave to a fellow employee.
3. Immediate Family Member is defined as an employee's spouse,
registered domestic partner, children, step-children, foster children,
sisters, brothers, grandparents, grandchildren and parent.
4. Donated hours are defined as leave hours that an employee agrees to
donate to another employee on catastrophic leave.
5. Recipient Employee is defined as a current regular full-time District
employee who has completed his/her original probationary period and
is receiving or planning to receive donated time.
6. Regular full-time employees are defined as a current full-time District
employee who has completed his/her original probationary period.
7. 12-Month Period is defined as a 12-month period measured forward
from the date an employee first receives donated hours.
3.0 PROCEDURES
A. To receive or donate leave, as provided for in this policy, an employee
must have completed his/her original probationary period.
B. To receive donated leave time:
1. An employee/family member must be on an approved medical leave of
absence resulting from a medical emergency for a minimum of 90
continuous work hours (approximately 10 working days);
2. An employee must have submitted a treating physician's off-work order
verifying the medical necessity to be off work for at least 90 continuous
working hours (approximately 10 working days); and
3. An employee shall be required to exhaust all of his/her available leave
balances, inclusive of any balances accrued during the most recent
pay period, if the employee is anticipated to be on a doctor approved
medical leave for the time stated in the physician's off-work order.
C. All medical documentation submitted to or otherwise obtained by the
District shall be made a part of the employee's confidential medical file in
the Human Resources Department and shall thereafter be covered by the
Privacy Act. The District shall protect privacy and confidentiality.
However, a Recipient Employee who chooses at his/her own discretion to
make such fact or any other medical facts known to others such that the
District's guarantee of confidentiality is then compromised cannot hold the
District liable for failure to maintain such privacy and confidentiality.
Page 2
350835.1 Y0030-008
D. A written request for receipt of transferred leave by the employee
experiencing the catastrophic illness or injury must be submitted to the
Human Resources Manager for approval.
E. The Human Resources Manager will notify each employee requesting
donated leave through this policy of the decision to approve the request
for donated time.
F. For the purpose of this policy, employees who have requested and been
authorized to receive leave donations will be referred to as Recipient
Employees.
G. Transfer of Leave
1. Any regular full-time District employee desiring to donate leave time
will need to complete a Donation of Accrued Leave Form (Exhibit
B) indicating the number of leave hours to be donated and the
name of the individual to receive the donated leave hours. All
donations shall be voluntary and confidential (and the donor shall
not receive any remuneration from the employee or representative
of the employee).
2. Donor Employees may, on a voluntary and confidential basis,
donate vacation, alternate, compensatory leave and/or
administrative leave, to more than one recipient employee at the
same time in increments of at least two (2) hours for each recipient
employee.
3. Donor Employees donating hours under this policy must maintain:
a. A minimum of 40 hours vacation time after donation. If the
offered donation would result in a vacation time balance
below 40 hours, only those hours in excess of the hours
necessary to maintain the 40 hour minimum will be eligible
for donation.
b. A minimum of 20 hours alternate time after donation. If the
offered donation would result in an alternate time balance
below 20 hours, only those hours in excess of the hours
necessary to maintain the 20 hour minimum will be eligible
for donation.
C. A minimum of 20 hours of compensatory time after donation.
If the offered donation would result in a compensatory time
balance below 20 hours, only those hours in excess of the
hours necessary to maintain the 20 hours minimum will be
eligible for donation.
4. Donated leave hours will be distributed to Recipient Employees as
made available by Donor Employees. However, no more than 80
Page 3
350835.1 Y0030-008
hours will be distributed to any Recipient Employee during a bi-
weekly pay period. Benefits received under this policy will be
considered gross income and will be regulated according to
applicable IRS rules. Such gross income may affect the amount of
income received from other compensation programs provided by
the employer.
5. The donated hours will be converted to dollars at the hourly rate of
the donor. The dollars shall then be converted to sick leave at the
hourly rate of the recipient of the donation. The appropriate hours
of sick leave will then be credited to the recipient for use during the
catastrophic illness or injury leave.
6. Recipient Employees utilizing leave donated to him/her pursuant to
this Policy shall continue to earn all benefits, leave accruals,
seniority, retirement credit, etc. as provided for under his/her
respective (bargaining) agreement.
H. Processing of Donated Hours
1. The Donor Employee shall submit the Donation of Accrued Leave
Form to the Human Resources Department. Human Resources (or
Payroll) will verify that the Donor Employee has sufficient vacation,
alternate, compensatory, and/or administrative leave time to make
the donation. If the Donor Employee has insufficient hours, the
Donation of Accrued Leave Form will be returned to the Donor.
Human Resources will ensure all requests to donate leave hours
are in accordance with the guidelines of this policy. The Donor
Employee shall designate from which types of leave accruals,- the
donation shall be made.
2. The Human Resources Department will notify the Recipient
Employee of the initial and future donations in writing. The names
of the Donor Employees and amount donated will remain
confidential.
3. The Payroll division will reduce the Donor Employee's designated
accrued leave balance(s) by the number of hours donated.
4. To the extent that there are multiple donors for any one recipient,
distributions to any one recipient shall be in equal amounts from
each donor, to the extent sufficient individual donor hours exist.
For example, assume there are five donors for recipient employee
"A," with one of the five donors having donated 10 hours, and the
other 4 donors having donated 2 hours each. Employee "A" is to
be provided with a 10 hour distribution. Two hours would be
deducted from each of the five donor accounts, resulting in one
remaining donor account of eight hours. This eight hour amount is
available for the next distribution.
Page 4
350835.1 Y0030-008
5. The Payroll division will determine the value of the time donation
based on the Recipient Employee's current hourly rate.
a. A timecard will be generated for the Recipient Employee by
their department manager with assistance from Human
Resources identifying the donated hours for a specific pay
period. Payroll will then process the timecard on the next
available payroll. A check will be processed for the Recipient
Employee as a regular payroll check and will be subject to
applicable IRS regulations.
b. The check will be mailed to the Recipient Employee's home
unless other arrangements are made in advance with the
Payroll division.
6. In the event an employee has reached an unpaid status, no future
donations shall be processed for said catastrophic illness or injury.
4.0 RESPONSIBILITY ASSIGNMENTS
RECIPIENT EMPLOYEE: Responsible for submitting a written request to
the Human Resources Manager for approval.
Responsible to provide the Human Resources
Manager or designated representative with all
documentation required in Section 3.0 of this
Policy.
Responsible to approve any solicitation of
donors by signing a copy of Exhibit A, Approval
of Solicitation for Donated Leave form.
DONOR EMPLOYEE: Responsible to approve the donation of his/her
leave by signing a copy of Exhibit B, Donation
of Accrued Leave form.
Responsible for submitting the Donation of
accrued Leave form to the Human Resources
Department by the Monday of a payroll week.
HUMAN RESOURCES: Responsible to coordinate and approve the
transfer of leave time between Donor and
Recipient Employees.
Responsible to verify that employees only
donate leave as provided for in Section 3.0 of
this policy.
Page 5
350835.1 Y0030-008
Responsible to verify that employees only
donate leave as provided for in Section 3.0 of
this policy.
Responsible to administer this policy and to
periodically review and update said policy.
PAYROLL DEPARTMENT: Responsible to adjust individual leave
balances.
5.0 EXHIBITS
Exhibit A - Approval of Solicitation for Donated Leave Form
Exhibit B - Donation of Accrued Leave Form
Exhibit C - Emergency Leave Policy Acknowledgement Form
Approved:
~
Cto .-7
Z,- 2f Z
. ~VeDate
General Manager
Page s
350835.1 Y0030-008
Exhibit A
Yorba Linda
''Dater District
APPROVAL OF SOLICITATIONS FOR DONATED LEAVE
As an employee who qualifies for the receipt of leave donated by other District
employees, I hereby authorize the Human Resources Manager and/or
designated representative to work with my representative, Name:
, regarding the solicitation of donations on my
behalf. I understand that in order to solicit donations, it might be necessary for
the above individual representative designated by me, to release my name and
the medical emergency which requires this solicitation and hereby authorize the
release of said information.
As a recipient of donated leave, I understand that certain conditions must be met
before I can receive said donated leave and acknowledge that I have met all of
those conditions as provided for under Emergency Leave Policy No. 7010-09-05.
Additionally, I agree that to the extent that I am in receipt of State Disability, long
term disability, workers compensation benefits, and/or any other disability related
insurance benefits, I shall fully reimburse the donor accounts with said insurance
benefits.
Print Employee's Name
Employee's Signature
Date Signed
I have private disability insurance: Yes ❑ No ❑
Having verified that the above named employee meets all the conditions for
receiving donated leave from other District employees, I hereby authorize them
to solicit leave on said employee's behalf.
Human Resources Manager Date Signed
Distribution: Employee's Personnel File
Payroll
Page 7
350835.1 Y0030-008
Exhibit B
Yorba Linda
Water District
DONATION OF ACCRUED LEAVE
I hereby voluntarily authorize the transfer of the following leave amounts from my
leave balance(s) to I understand that said
transfer is to assist a District employee who qualifies under the Emergency
Leave Policy No. 7010-09-05 to receive leave from other employees due to
medical emergencies. I understand that I cannot rescind this transfer, and I lose
all rights to utilize the leave amounts once they have been transferred.
The donation of leave is being made voluntarily, and I have not been offered nor
accepted any remuneration for making this donation.
Type of Leave Hours
Vacation Leave
Alternate Leave
Compensatory Leave
Administrative Leave
Print Employee's Name Date Signed
Employee's Signature
Having verified that the above named employee meets all the conditions for
donating leave, I hereby authorize the transfer of those hours of donated leave
indicated above to employee's sick leave
accrual.
Human Resources Manager Date Signed
Posted to the recipient employee's sick leave accrual on
200, by
Distribution: Employee's Personnel File
Payroll
Page 8
350835.1 Y0030-008
7010-09-05
Exhibit C
Yorba Linda
Water District
Emergency Leave Policy
Acknowledgement Form
I acknowledge that I have received and read the provisions contained in this
Emergency Leave Policy. I understand that it is my responsibility to consult my
supervisor or the Human Resources Department if I have any questions that are
not answered in the Policy.
I also understand that the provisions in this Policy are guidelines and may not
address all circumstances that may arise. In such case, the Human Resources
Department shall apply the Policy based on factors including but not limited to:
past practices, rules of statutory interpretation.
EMPLOYEE'S NAME (printed):
EMPLOYEE'S SIGNATURE:
DATE:
Distribution: Original to Personnel File
Copy: Employee
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