HomeMy WebLinkAbout1984-06-28 - Resolution No. 84-090 0
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RESOLUTION NO. 84- y
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE YORBA LINDA COUNTY WATER DISTRICT
APPROVING A MEMORANDUM OF UNDERSTANDING
WHEREAS, there has been negotiated and presented to the Board of Directors a
Memorandum of Understanding (MOU) between Yorba Linda County Water
District and the Yorba Linda County Water District Employees'
Association and,
WHEREAS, the Board has considered the MOU,
NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
County Water District as follows:
Section 1. That the Memorandum of Understanding be, and hereby
is approved.
Section 2. That the General Manager be, and hereby is, authorized
and instructed to execute the Memorandum of Understanding
on behalf of the District.
PASSED AND ADOPTED this rZ (J
Ayes
Noes:
Absent-
Abstain
day of June, 1984 by the following called vote:
el /
Preside r
Board of Directors
ATTEST:
~ecreta y
Board of Directors
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MEMORANDUM OF UNDERSTANDING
BETWEEN YORBA LINDA COUNTY WATER DISTRICT
AND THE YORBA LINDA COUNTY WATER DISTRICT
EMPLOYEES' ASSOCIATION
JULY 1, 1984
ARTICLE I RECOGNITION
1.1 Pursuant to the provisions of the Government Code and
the Rules and Regulations of the District, Yorba Linda County
Water District (hereinafter called the "District") has recognized
the Yorba Linda County Water District Employees' Association
(hereinafter called the "Association") as the recognized
representative of a bargaining unit consisting of the
classifications listed in Exhibit "A" to this Memorandum of
understanding (hereinafter called "unit employees").
ARTICLE II EMPLOYEE RIGHTS
2.1 Unit employees shall have the right, outside of their
regular working hours, to form, join and participate in the
activities of unit employees organizations of their own choosing.
Unit employees shall have the right to refuse to join or
participate in the activities of any unit employees organization
and shall have the right to represent themselves individually in
their unit employees relations with the District. Neither the
District nor the Association shall interfere with, intimidate,
restrain, coerce or discriminate against unit employees who
exercise rights under this section.
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MEMORANDUM OF UNDERSTANDING
JULY 1, 1984
ARTICLE I I I SALARY
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Section 3.1. Salary Schedule
3.1.1 The District shall maintain in effect during the
1984-85 fiscal year the salary schedule attached hereto as
Exhibit"b".
3.1.2 Unit employees will be granted a 5% salary increase
effective July 1, 1984.
3.1.3 beginning with the first payday in September, 1984,
payday will be every other Friday (e.g. the first payday in
September will be September 7, 1984 instead of September 5,
1984).
Section 3.2 Merit Increases
3.2.1 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 improvement by the unit employees in the effective
performance of the duties of his position.
3.2.2 Merit salary increases shall require the specific
recommendation of the unit employees's immediate supervisor or
department head, the concurrence of the Personnel Officer and the
approval of the General Manager.
3.2.3 A new unit employee or reclassified unit employee
shall be eligible for consideration for a merit salary increase
upon completion of the probationary period. Subsequent merit
salary increase eligibility dates shall be at one (1) year
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intervals following the completion of the probationary period.
The effective date of any merit salary increase shall generally
be at the beginning of the pay period following approval of the
General Manager.
ARTICLE IV OVERTIME AND COMPENSATORY TIME OFF
Section 4.1 Overtime
4.1.1 A unit employee covered by this Memorandum of
Understanding who performs authorized work in excess of an 8-hour
work day or a 40-hour work week shall be compensated for such
overtime work at the rate of one and one-half times his regular
hourly rate of pay. Overtime shall be calculated to the nearest
one-half hour of overtime worked. In order to receive overtime
compensation, non-emergency overtime must be authorized in
advance by the appropriate department head and approved by the
General Manager.
Section 4.2 Compensatory Time Off
4.2.1 Compensatory time off may be authorized by the
appropriate department head in lieu of overtime pay on the basis
of the best interests of his department and the District.
Compensatory time off shall be taken at the rate of one and
one-half hours of compensatory time off for each hour of overtime
worked. The maximum amount of compensatory time off which may be
accrued is forty hours. Upon termination, a unit employee shall
be compensated at his current rate of pay for any accrued
compensatory time.
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JULY 1, 1984
ARTICLE V STANDBY AND CALL OUT COMPENSATION
Section 5.1 Standby Compensation
5.1.1 A unit employee assigned to standby duty for purposes
of being on call to handle emergency situations arising at times
other than normal working hours shall be paid $11.00 for each day
he is assigned to standby duty. The pay for standby time may be
accrued to the second payday in December and paid in a lump sum
or it may be paid at the regular pay period in which the standby
duty is completed.
5.1.2 On or before August 1, 1984, the District will
discontinue use of the present telephone answering machine and
will obtain the services of a telephone answering service of the
District's choosing.
Section 5.2 Call-Out Compensation
5.2.1 Call-out compensation shall be as follows:
(a) When a unit employee is called out between the hours of
10:00 P.M. and 6:00 a.m. for emergency situations arising at
times other than the employee's normally scheduled working hours,
the employee shall be paid time and one-half base rate for each
hour worked, provided however, the employee will be paid a
minimum of two hours.
(b) When a unit employee is called out between the hours of
6:00 a.m. and 10:00 p.m., for emergency situations arising at
times other than the employee's normally scheduled working hours,
the employee shall be paid time and one-half base rate for each
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hour worked, provided however, the employee will be paid a
minimum of one hour.
(c) All emergency call-out time which exceeds one hour shall
be calculated to the nearest one-half hour of time worked.
ARTICLE VI INSURANCE
Section 6.1 Life Insurance
6.1.1 The District shall continue to provide group life
insurance, in the amount of one times basic annual salary rounded
to the next higher multiple of $1,000, for each full-time
permanent unit employee under age 70 after two full calendar
months of service, in accordance with the provisions of the
contract between the District and any company of the District's
choosing providing such coverage. An employee may increase the
coverage to up to two times annual salary by authorising the
additional premium to be deducted from salary.
Section 6.2 Health and Accident Insurance
6.2.1 The District shall pay up to $78.52 per month but not
more than 90% of the premium toward 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 an additional $80.43 per month but not more than 2/3 of
the additional premium toward unit employee dependent coverage
for covered employees with one dependent or up to $102.28 per
month but not more than 2/3 of the additional premium toward unit
employee dependent coverage for covered employees with more than
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one dependent in accordance with the provisions of any contract
between the District and any company or companies of the
District's choosing , provided, however,that the choice shall be
between the Blue Cross New Service Plan and the Blue Cross
Prudent Buyer Plan after receiving the input of the employees,
and the individual employee shall pay the cost of the difference
in premium, to be deducted from salary.
Section 6.3 Dental Insurance
6.3.1 The District shall pay 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, in
accordance with the provisions of any contract between the
District and any company or companies of the District's choosing
providing such coverage.
ARTICLE VII HOURS
7.1 The regular work week for all full-time unit employees
covered by this Memorandum of Understanding shall be 40 hours as
scheduled by department heads. For all unit employees with an
average regular work week of 40 hours, the hourly rate of pay
shall be twelve times the monthly rate divided by 2,080 (40 hours
times 52 weeks). An employee may request a part-time assignment
which shall be granted at the sole discretion of the General
Manager or his designee.
ARTICLE VIII I10LIDAYS
8.1 The following days shall be recognized as holidays and
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full-time unit employees covered by this Memorandum of
Understanding, with the exception of pumping plant operators and
employees assigned to standby duty for emergency situations,
shall have these holidays off with pay:
(a) July 4th, Independence Day; (Wednesday)
(b) First Monday in September, Labor Day; (Sept. U, 1984)
(c) September 10th, Admission Day; (Monday) (To be observed
Monday„ December 24, 1984)
(d) Second Monday in October, Columbus Day; (Oct. 8, 1984)
(To be observed Monday. December 31, 1984)
(e) November 12th, Veterans' Day; (Monday)
(f) Fourth Thursday in November, Thanksgiving Day; (Nov 22,
1984)
(g) Friday following Thanksgiving Day; (Nov 23, 1984)
(h) December 25th, Christmas Day; (Tuesday)
(i) January 1st, New Year's Day; (Tuesday)
(j) The 37rd Monday in February, Washington's Birthday; (Feb.
18, 1984)
(k) The last Monday in May, Memorial Day; (May 27, 1984)
8.2 Part-time unit employees shall receive holiday pay in
proportion to the average or normal hours worked as a part-time
employee, (e.g., 4 hours worked by a part-time employee would be
paid 4 hours on a holiday).
8.3 Any holiday falling on a Saturday shall be taken on
Friday and any holiday falling on Sunday shall be taken on
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Monday, unless another day is designated by the General Manager.
8.3.1 For those unit employees whose scheduled work week is
Monday through Friday, a holiday falling on a Saturday shall be
taken on Friday and any holiday falling on Sunday shall be taken
on Monday, unless another day is designated by the General
Manager.
8.3.2 For those unit employees whose scheduled work week is
not Monday through Friday, any holiday falling on their scheduled
days off shall be taken so as to provide the employee with three
consecutive days off, unless another day is designated by the
General Manager.
(For example: for a Sunday to Thursday shift, if a holiday
falls on Friday or Saturday, the employee takes Thursday as a
holiday; or, for a Tuesday to Saturday shift, if a holiday falls
on Saturday or Sunday, the employee takes Tuesday as a holiday.
8.4 Pumping plant operators shall be entitled to receive one
day of paid time off 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 during the
holiday period.
8.5 Unit employees, other than pumping plant operators and
employees assigned to standby duty, if they are required to work
on a holiday, shall receive, in addition to the paid holiday,
compensation equivalent to one and one-half times their regular
MEMORANDUM OF UNDERSTANDING
JULY 1, 1984
rate of pay for the time actually worked during a regularly
scheduled holiday. Such employees may in the alternative receive
paid time off in accordance with the terms of this Memorandum of
Understanding. (See Article IV Section 4.2).
8.6 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 IX VACATION
9.1 Unit employees covered by this Memorandum of
Understanding shall receive annual vacation with pay in
accordance with the following provisions:
(a) Full-time unit employees with an average regular work
week of 40 hours shall accrue paid vacation at the following rate
per month:
0 but less than 5 yrs. service - 6 2/3 hrs/mo (10 days/yr)
5 but less than 15 yrs. service - 10 hrs/mo (15 days/yr)
15 or more years service - 13 1/3 hrs/mo (20 days/yr)
(b) Part-time unit employees shall accrue paid vacation in
proportion to the average or normal hours worked as a part-time
employee.
9.2 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
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credited to the employee at this time.
9.3 Paid vacations shall continue to accrue in accordance
with the above provisions during any period of leave with pay.
9.4 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.
9.5 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 one hour.
9.6 A unit employee shall be eligible to take any accrued
vacation after completion of one six months of service, including
the probationary period.
9.7 Each unit employee shall have one (1) hour deducted from
his accrued vacation time for each hour of vacation taken. An
employee with a regular workday of eight (8) hours shall have
eight (8) hours deducted from his accrued vacation time for each
day of vacation taken.
9.8 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. Vacation, in excess of the
maximum which is accrued but not taken, will be forfeited except
with the written permission to accrue it from and at the
discretion of the General Manager.
9.9 Upon termination, a unit employee shall be compensated
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in cash at his current rate of pay for any vacation accrued but
not taken.
9.10 In the event that any recognized holiday occurs during
a unit employees's vacation, the holiday shall not be charged
against the employee's accrued vacation. 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.
ARTICLE X LEAVES
Section 10.1 Sick Leave
10.1.1 Sick leave is provided so that a unit employee will
not be seriously handicapped financially if he is unable to work
because of illness.
10.1.2 A unit employee eligible for paid sick leave shall be
granted such leave for the following reasons:
(a) Illness of the employee or physical incapacity of the
employee due to illness or injury.
(b) Enforced quarantine of the employee in accordance with
community health regulations.
(c) The death of a member of the employee's immediate
family. An employee shall be entitled to use up to three working
sick leave days for this purpose and the General Manager may
extend the leave to a total not to exceed seven working days in
appropriate cases
(d) Serious illness of a member of the employee's immediate
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family residing in the same household which requires the presence
of the employee for a period not to exceed five working days.
(e) 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 24 hours in advance, otherwise sick leave
will be denied. Sick leave for routine medical or dental leave is
for the period of the appointment only.
10.1.3 In the event that a unit employee is absent on paid
sick leave in excess of 24 consecutive 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 employee's condition prevented him from performing the
duties of his position.
10.1.4 Unit employees shall accrue annual sick leave with
pay in accordance with the following provisions:
(a) Full-time unit employees with an average regular work
week of 40 hours shall receive paid sick leave at the rate of one
day per month.
(b) Part-time unit employees shall receive sick pay in
proportion to the average or normal hours worked as a part-time,
employee (e.g., an employee whose regular work week is 20 hours
shall receive 1/2 day sick leave per month).
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(c) Unit employees shall be eligible to take sick leave upon
satisfactory completion of a probationary period. During the
probationary period sick leave may accumulate in accordance with
Sections (a) and (b) above.
(d) Paid sick leave shall continue to accrue in accordance
with the above provisions during any period of leave with pay.
10.1.5 Each unit employee shall have one hour deducted from
his accrued sick leave time for each hour of sick leave taken. An
employee with a regular workday of eight (8) hours shall have
eight hours deducted from his accrued sick leave time for each
regularly scheduled working day that he is on paid sick leave.
10.1.6 In the event that any paid holiday occurs during a
period when a unit employee is on paid sick leave, the holiday
shall not be charged against the employee's accrued sick leave.
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.
10.1.7 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 accumulated days
of sick leave, if any, at the time of separation from active
employment. If the employee should die, his estate shall be
entitled to such payment.
Section 10.2 Disability Leave
10.2.1 In situations where a unit employee has been injured
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in a non-duty accident and his disability leave exceeds one
calendar month or the total of his accumulated leaves, including
sick leave, paid time off and vacation, that portion of the leave
exceeding 30 days or the total of accumulated leaves, whichever
is more, shall constitute a break in service and his merit review
dates and anniversary date will be adjusted accordingly.
10.2.2 A unit employee injured in the scope and course of
his employment with the District may elect to take as much of his
accumulated sick leave, or his accumulated vacation, in minimum
of one hour increments, as when added to his disability indemnity
will result in a payment to him of not more than his full salary
or wage.
Section 10.3 Military Leave
10.3.1 Military leave shall be granted in accordance with
the provisions of state law. Unit employees entitled to military
leave shall give the Personnel Officer an opportunity within the
limits of military regulations to determine when such leave shall
be taken. Compensation received for military service shall be
offset against compensation otherwise due from the District as
authorized by law.
Section 10.4 Leave of Absence Without Pay
10.4.1 Department heads may grant a permanent or
probationary unit employee leave of absence without pay for a
period not to exceed two weeks. Such leaves shall be reported to
the Personnel Officer in the manner and method which he shall
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JULY 1, 1984
prescribe.
10.4.2 The General Manager may grant a permanent or
probationary unit employee leave of absence without pay or
seniority for a period not to exceed six months. After six
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 designee and entirely within his discretion.
10.4.3 In situations where a unit employee shall request
leave without pay for a period in excess of one calendar month,
he shall submit to the District any and all actual benefit
premiums for any and all insurance coverage. If the employee
chooses not to submit any or all of these premiums, his coverage
shall be terminated within the limits prescribed by the benefit
carriers and wll be reinitiated within the limits prescribed by
the benefit carrier at the time of his reinstatement by the
District.
10.4.4 In the event that leave without pay is granted a unit
employee for reasons of illness or injury, the District shall
continue to pay for any hospitalization and major medical
insurance previously paid for by the District.
10.4.5 Upon expiration of a regularly approved leave or
within 24 hours' notice to return to duty, the unit employee
shall be reinstated in the position held at the time the leave
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was granted. Failure on the part of a unit employee on leave to
report promptly at its expiration, or within 48 hours after
notice to return to duty, shall be cause for immediate discharge.
The depositing in the United States mail of a first-class
postage-paid letter addressed to the unit employees's last known
place of residence shall be reasonable notice.
Section 10.5 Jury Duty/Court Testimony
10.5.1 A full-time unit employee who is called as a witness
or required to serve as a trial juror shall be entitled to be
absent from his duties during the period of such service. During
these periods of service the employee shall receive full
compensation from the District if any additional compensation
received, except mileage reimbursement, from the court is
submitted to the District.
ARTICLE XI GRIEVANCE PROCEDURE
Section 11.1 Purpose
11.1.1 The purpose of this section is to enhance
communications between the District and its 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 11.2 Matters Subject to the Grievance Procedure
11.2.1 A grievance may be filed for the alleged violation of
this Memorandum of Understanding.
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11.2.2 The grievance procedure shall not be used to
establish new policies or change any exisiting rules. It shall
not be used in matters resulting from disciplinary action.
11.2.3 Any matter being grieved by a unit employee shall be
kept confidential.
Section 11.3 Informal Grievance Adjustment
11.3.1 Whenever possible, a unit employee who has a
complaint should try to solve the problem through informal
discussion with his supervisor without delay. The supervisor
shall make whatever investigation he deems necessary and reply
within five working days. Any matters for which he does not have
authority to make a decision should be brought to the attention
of a higher level supervisor who does have the proper authority.
11.3.2 If the unit employee is not satisfied with the
decision reached through the informal discussion, and/or some
other extenuating circumstances exist, he may bring the matter to
the attention of the next level of authority. If the employee is
still not satisfied with the decision, he may file a formal
grievance within fifteen working days of the occurrence of the
event or action giving rise to the grievance.
Section 11.4 Formal Grievance Procedure
11.4.1 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
decision reached, he may, within fifteen working days of the
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occurrence of the event or action giving rise to the grievance,
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 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
grievance. A copy of the reply shall be forwarded to the General
Manager.
11.4.2 If the unit employee is not satisfied with the
decision of the Personnel Officer, he may file a written appeal
to the General Manager within five working days after having
received the reply of the Personnel Officer. Within ten working
days, the General Manager shall make a written decision which
shall be final and binding on all parties.
Section 11.5 General Conditions
11.5.1 The Personnel Officer shall receive and retain copies
of all written materials pertaining to the grievance.
11.5.2 A unit employee may represent himself or select
whomever he desires to represent him in the grievance procedure.
11.5.3 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 settled on the basis of the last
decision reached.
11.5.4 Any of the time limits specified in this section may
be extended when mutually agreed upon by all parties concerned.
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ARTICLE XII EMPLOYEE DISCIPLINE
Section 12.1 Forms of Dicipline
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12.1.1 The tenure of every unit employee shall be
conditioned by good behavior and satisfactory work performance. A
unit employee may be suspended, demoted or dismissed for
reasonable cause.
Section 12.2 Procedure
12.2.1 When a unit employee is to be dismissed, demoted or
suspended without pay, specific written charges shall be prepared
and presented by the employee's department head for action by the
Personnel Officer.
12.2.2 The Personnel Officer shall provide the 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.
12.2.3 Prior the effective date of the proposed action, the
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
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presentation shall constitute waiver of this provision and waiver
of any right to appeal as provided in Section 12.3. The employee
shall be entitled to be represented by counsel or other person of
his choosing during the course of the above proceedings.
12.2.4 The Personnel Officer shall provide written notice of
his final determination to the unit employee. If the Personnel
Officer determines that the employee should be reinstated or the
period of suspension shortened, the Personnel Officer shall order
payment of appropriate back pay.
Section 12.3 Appeal of Disciplinary Action
12.3.1 When formal disciplinary action has been taken by the
Personnel Officer pursuant to Section 12.2 and the unit employee
has received written notification of the action, if the employee
has previously made response to the charges to the Personnel
Officer, the employee shall have the right to appeal as provided
below. Appeal shall not suspend the effective date of the
discipline. Failure to appeal by the employee or his
representative will make the action by the Personnel Officer
final and conclusive.
12.3.2 Subject to paragraph 12.3.1, a unit employee who has
been disciplined, within 15 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.
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12.3.3 In the case of suspensions of less than ten working
days, the board of Directors may appoint two 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 members. The report of the two members shall be
submitted to the full Board and shall include a summary of the
facts supporting their recommendation that the discipline be
sustained, modified, or rejected.
12.3.4 (a) In the case of a disciplinary action other than
set forth in paragraph 12.3.3, the board of Directors shall
appoint a hearing officer to conduct a hearing on appeal of any
disciplinary action.
(b) The hearing shall be conducted in the manner most
conducive to determination of the truth, and the hearing officer
shall not be bound by technical rules of evidence. Decisions made
shall not be invalidated by any informality in the proceedings.
(c) The hearing officer shall determine the relevancy,
weight, and credibility of testimony and evidence. The hearing
officer shall base his findings on the preponderance of evidence.
(d) Each side will be permitted an opening statement and
closing argument. The Personnel Officer or his representative
shall first present his witnesses and evidence to sustain the
charges, and the unit employee will then present his witnesses
and evidence in defense.
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(e) Each side will be allowed to examine and cross-examine
witnesses.
(f) Both the Personnel Officer and the unit employee may be
represented by legal counsel.
(g) The hearing officer shall, if requested by either party,
subpoena witnesses and/or require production of other records or
material evidence.
(h) The hearing officer may, prior to or during a hearing,
grant a continuance for any reason he believes to be important to
his reaching a fair and proper decision.
(i) The hearing officer shall prepare a recommended decision
and forward it to the Board of Directors no later than 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 therefor.
(j) The unit employee or his representative may obtain a
copy of the transcript of the hearing upon request and agreement
to pay for necessary costs.
12.3.5 After receiving the recommendation of the committee
of the two members or the hearing officer, the Board of Directors
may sustain or reject any or all of the charges filed against the
unit employee. If the Board of Directors sustains the employee,
the Board may order all or part of the employee's full
compensation from the time of dismissal or suspension be paid.
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12.3.6 A unit employee who has been suspended or dismissed
may be reinstated to his position as a result of a successful
appeal. In the event of such reinstatment, the employee shall be
entitled to his former status of employment.
12.3.7 Dismissal of a unit employee from the District
service shall, unless otherwise ordered:
(a) Constitute a dismissal as of the same date from
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 dismissal except that he shall be
compensated for any unpaid salary, unused vacation and unused
paid time off to his credit as of the date of dismissal.
ARTICLE XIII COMPLETION OF MEET AND CONFER
13.1 It is understood that this Memorandum of Understanding
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
by their mutual consent with respect to any subject or matter,
whether referred to or covered by this Memorandum of
Understanding or not, even though each subject or matter may not
have been within the knowledge or contemplation of either or both
the District or the Association at the time they met and
conferred or executed this Memorandum of Understanding, even
23
0 i
MEMORANDUM OF UNDERSTANDING
JULY 1, 1984
though subjects or matters were proposed and later withdrawn. The
parties further understand that all rights not clearly and
expressly limited by this Memorandum of Understanding are
expressly reserved to the Distict, even though not ennumerated.
The express provisions of this Memorandum of Understanding
constitute the only limitations upon the District's rights to
determine, implement, supplement, change, modify, or discontinue
in whole or in part any term of condition of employment or adopt
any policy, rule, regulation or practice as the District deems
fit or appropriate; provided, however, that the District shall
comply with all federal and state laws relating to employee
rights, opportunities and benefits except for the requirement to
meet and confer with regard to such changes, alterations,
modifications or exercise of such reserve power, which right has
been expressly waived by the Association.
ARTICLE XIV CONCERTED ACTIVITIES
14.1 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 Memorandum of Understanding; disputes between
24
MEMORANDUM OF UNDERSTANDING
JULY 1, 1984
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.
14.2 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 unlawful concerted
interference in violation of this provision or refuse to perform
duly assigned services in violation of this provision. It is
understood that any person represented by the Association found
in violation of this provision will be subject to discipline,
including termination, as determined appropriate by the District.
ART ?t__LE XV TERM OF AGREEMENT
15.1 This agreement shall remain in force and effect from
date of adoption by resolution of the governing board of the
District until June 30, 1985.
ARTICLE XVI DISTRICT GOVERNING BOARD APPROVAL
16.1 It is the understanding of the District and the
Association that this Memorandum of Understanding 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
9 4 6
•
MEMORANDUM OF UNDERSTANDING
JULY 1, 1984
0
Memorandum of Understanding by appropriate resolution or other
means.
IN WITNESS WHEREOF, the parties hereto have executed this
Memorandum of Understanding this day of , 1984.
YORBA LINDA COUNTY WATER DISTRICT EMPLOYEES' ASSOCIATION
By
President
YORBA LINDA COUNTY WATER DISTRICT
By
General Manager
• -y
0 0
EXHIBIT "A" TO
Memorndum of Understanding
Between YORBA LINDA COUNTY WATER DISTRICT
and the YORBA LINDA COUNTY WATER DISTRICT EMPLOYEES ASSOCIATION
Employee Unit Classifications
Effective July 1, 1984
Accounting Clerk I
Accounting Clerk II
Assistant Project Manager
Assistant Mechanic
Construction Inspector
Customer Service Clk I
Customer Service Clk II
Customer Service Clk III
Customer Service Clk, Sr.
Customer Service Rep.
Draftsperson
Engineering Aide I
Engineering Aide, Sr.
Engineering Records Clerk
Foreman/Water
Foreman/Sewer
Maintenance Leadman
Maintenance I
Maintenance II
Maintenance III
Mechanic, Sr.
Meter Reader I
Meter Reader II
Plant Operator I
Plant Operator II
Storekeeper
I U
0 0
EXHIBIT
'B' TO
Memorandum of
Unders
tanding
Between YORBA LINDA
COUNTY
WATER DISTRICT
And
the YORBA LINDA
COUNTY
WATER DISTRICT
EMPLOYEES
ASSOCIA
TION
Effective
July 1,
1984
SALARY SCHEDULE
(R10,S1
= $6.005/
hr*2080
/12)
Range
Step 1
Step 2
-
Step 3
Step 4
Step 5-
Classification-
1
671
704
740
777
816
{Temporary Summer Help
2
704
740
777
816
856
{
3
740
777
816
856
899
€
4
777
816
856
899
944
€
5
816
856
B99
944
991
{
6
856
899
944
991
1041
{
7
899
944
991
1041
1093
{
B
944
991
1041
1093
1148
9
991
1041
1093
1146
1205
{
10
1041
1093
1148
1205
1265
{
11
1093
1148
1205
1265
1328
€
12
-
1148
-
1205
-
1265
1328
1395
Cust. Serv. Clerk I
13
-
1205
1265
1328
1395
-
1465
14
-
1265
-
1328
1395
1465
1538
Accounting Clerk I
-
15
-
1328
-
1395
-
-
1465
-
-
1538
-
1615
-
16
-
1395
1465
1538
1615
1695
-
17
-
1465
-
153B
-
1615
-
1695
1780
-
18
-
1538
-
1615
-
1695
-
1780
1869
-
19
-
1615
-
1695
-
-
1760
-
-
1869
-
1963
-
20
-
1695
1780
1869
1963
2061
-
21
-
1780
-
1869
-
1963
-
-
2061
-
2164
-
22
-
1869
-
1963
2061
2164
2272
-
23
-
1963
-
2061
-
-
2164
-
-
2272
-
2386
-
24
-
2061
2164
-
2272
-
2386
-
2505
-
25
-
2164
2272
-
2386
-
2505
-
2630
26
-
2272
2386
2505
2630
2762
Cust. Serv. Clerk II
Draftsperson
Engr. Records Clerk
Meter Reader I
Storekeeper
Cust. Serv. Clerk III
Maintenance I
Meter Reader II
Engr. Aide I
Plant Operator I
Accounting Clerk II
Assistant Mechanic
Maintenance II
Sr. Cust. Serv. Clerk
Aide II
Plant Operator II
Maintenance III
Foreman/Sewer
Maint. Leadman
Sr. Engr. Aide
Sr. Mechanic
Sr. Plant Operator
Const. Inspector
Ass't. Project Mgr.
Cust. Serv. Rep.
Foreman/Water
TO:
FROM:
ISSUE:
ISSUE MEMORANDUM
Board of Directors
Ralph C. Shook, General Manager
Memorandum of Understanding
DISCUSSION:
1
DATE: 6/28/84
A Memorandum of Understanding between Yorba Linda County Water District and
the Yorba Linda County Water District Employees' Association has been
negotiated and signed by the Association Representative. It is now
appropriate for the Board to consider approval of this Memorandum of Under-
standing and authorize execution of the Memorandum of Understanding by the
General Manager.
RECOMMENDATION:
C
Adopt Resolution 84- 6 approving the Memorandum of Understanding between
Yorba Linda County Wat r District and the Yorba Linda County Water District
Employees' Association and authorize the General Manager to execute the
Memorandum of Understanding in behalf of the District.
J06 N0...__
EXHIBIT NO i 1'1'1 '
PRESENTED TO BD, of DIR. WM
Y. L. C. W. D. ON Bard of Directors of "
Y@rba Linda Co. Wsier Dist.
jUN 2 8 1984 JL4123'84
ll. MY