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Home My WebLink About2012-10-11 - Resolution No. 12-22 RESOLUTION NO, 12-22 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 2012- 2015 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 years 2012-2015 as attached hereto and by this reference incorporated herein including its attachments Exhibits "A" through "E". Section 2 . That Resolution No. 11 -20 is hereby rescinded . PASSED AND ADOPTED this 11th day of October 2012 by the following called vote: AYES : Directors Beverage , Collett , Hawkins , Kiley , and Melton NOES : None ABSTAIN : None ABSENT: None �" Phil Hawkins, President Yorba Linda Water District Resolution No. 12-22 Adopting the MOU and Pay Plans Between the District and the YLWD Employees Association 1 ATTEST: Annie Alexander, Assistant Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel : A ur G. adman , Es 61 . Kidman Law, LLP i Resolution No. 12-22 Adopting the MOU and Pay Plans Between the District and the YLWD Employees Association 2 AB340 MODIFIED 628771.2 YO030-018 MEMORANDUM OF UNDERSTANDING 2012-2015 BY AND BETWEEN THE YORBA LINDA WATER DISTRICT AND THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION AB340 MODIFIED 628771.2 YO030-018 TABLE OF CONTENTS Page ARTICLE 1. RECOGNITION ......................................................................... 1 ARTICLE 2. SALARY SCHEDULE ............................................................... 1 Section 2.1 Salary Schedules ........................................................... 1 Section 2.2 Employee PERS Contribution Rate ................................ 2 Section 2.3 Merit Increases ............................................................... 3 Section 2.4 Acting Appointments ...................................................... 4 Section 2.5 Salary Deduction ............................................................ 6 Section 2.6 Probation ........................................................................ 6 ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF ...................... 6 Section 3.1 Overtime ......................................................................... 6 Section 3.2 Compensatory Time ....................................................... 7 ARTICLE 4. STANDBY AND CALL OUT COMPENSATION ........................ 8 Section 4.1 Standby Compensation .................................................. 8 Section 4.2 Call-Out Compensation .................................................. 9 ARTICLE 5. INSURANCE ........................................................................... 12 Section 5.1 Life Insurance ............................................................... 12 Section 5.2 Health Insurance .......................................................... 12 Section 5.3 Dental Insurance .......................................................... 13 Section 5.4 Vision Coverage ........................................................... 13 Section 5.5 Domestic Partners ........................................................ 14 Section 5.6 Retiree Insurance Benefits ........................................... 14 Section 5.7 Cafeteria Plan ............................................................... 15 Section 5.8 Long-Term Disability .................................................... 15 Section 5.9 Short-Term Disability .................................................... 16 ARTICLE 6. HOURS ................................................................................... 16 ARTICLE 7. HOLIDAYS .............................................................................. 18 ARTICLE 8. VACATION .............................................................................. 19 ARTICLE 9. LEAVES .................................................................................. 22 Section 9.1 Sick Leave .................................................................... 22 Section 9.2 Disability Leave ............................................................ 24 AB340 MODIFIED 628771.2 YO030-018 Section 9.3 Leave of Absence Without Pay .................................... 25 Section 9.4 Maternity Leave ............................................................ 26 Section 9.5 Jury Duty/Court Testimony ........................................... 27 Section 9.6 Bereavement Leave ..................................................... 27 Section 9.7 Emergency Leave Policy .............................................. 27 ARTICLE 10. GRIEVANCE PROCEDURE ................................................... 28 Section 10.1 Purpose ........................................................................ 28 Section 10.2 Matters Subject to the Grievance Procedure ................ 28 Section 10.3 Informal Grievance Adjustment .................................... 28 Section 10.4 Formal Grievance Procedure ....................................... 29 Section 10.5 General Conditions ....................................................... 30 ARTICLE 11. EMPLOYEE DISCIPLINE ....................................................... 31 Section 11.1 Forms of Discipline ....................................................... 31 Section 11.2 Procedure ..................................................................... 31 Section 11.3 Appeal of Disciplinary Action ........................................ 32 ARTICLE 12. JOB POSTING ........................................................................ 35 ARTICLE 13. MISCELLANEOUS BENEFITS ............................................... 35 Section 13.1 Safety Boot Allowance ................................................. 35 Section 13.2 Reimbursement for Certificates .................................... 36 Section 13.3 Education Reimbursement ........................................... 39 Section 13.4 Uniforms ....................................................................... 41 Section 13.5 Job Description ............................................................. 41 Section 13.6 Extended Work Accommodation .................................. 41 ARTICLE 14. DRUG POLICY ....................................................................... 42 ARTICLE 15. COMPLETION OF MEET AND CONFER ............................... 42 ARTICLE 16. CONCERTED ACTIVITIES ..................................................... 43 ARTICLE 17. TERM OF AGREEMENT ........................................................ 44 ARTICLE 18. DISTRICT GOVERNING BOARD APPROVAL ....................... 44 Exhibit A Salary Ranges and Authorized Classifications Exhibit B Pay Plan Bargaining Unit Employees 2012-2013 Exhibit C Pay Plan Bargaining Unit Employees 2013-2014 Exhibit D Pay Plan Bargaining Unit Employees 2013-2015 Exhibit E Holiday Schedule AB340 MODIFIED 628771.2 YO030-018 1 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, 2012 through June 30, 2013 (reflecting a 3.0% base salary increase.) (b) Effective July 1, 2013, the salary schedule attached hereto as Exhibit “C” shall be effective for FY 2013-2014 (reflecting a 3.0% base salary increase.) (c) Effective July 1, 2014, the salary schedule attached hereto as Exhibit “D” shall be effective for FY 2014-2015 (reflecting a 3.0% base salary increase.) (d) 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 AB340 MODIFIED 628771.2 YO030-018 2 District employs 26 payroll periods of two (2) weeks each as a means of distributing compensation. (e) 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) week period. If the Thursday payday falls on a holiday, the pay shall be distributed on the prior day, a Wednesday. (f) 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 and Formula 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, and subject to the provisions of AB340 or similar legislation (see below), 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. (a) Effective July 1, 2012 or concurrent with adoption of the documentation required by PERS to allow this provision to be effective, whichever event occurs later, all bargaining unit employees hired before January AB340 MODIFIED 628771.2 YO030-018 3 26, 2012, shall pay 29% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 2% of compensation.) (b) Effective July 1, 2013, all bargaining unit employees hired before January 26, 2012, shall pay 57% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 4% of compensation.) (c) Effective July 1, 2014, all bargaining unit employees hired before January 26, 2012, shall pay 100% of the statutory CalPERS employee contribution rate to CalPERS. (d) AB340 or similar Legislation At the time of Board of Directors adoption of the 2012-15 MOU, AB340, as memorialized in an August 28, 2012 PROPOSED CONFERENCE REPORT, was either awaiting signature by the Governor or had already been signed by the Governor. Although AB340 is to be effective January 1, 2013, the parties acknowledge that if signed by the Governor, AB340 is subject to modification on and after Board of Directors adoption of the 2012-15 MOU. If signed by the Governor, AB340, as it may from time to time exist, shall in its entirety be given full force and effect during and after the term of the 2012- 15 MOU, unless the legislation is modified. Any provision in the 2012-15 MOU which contradicts any provision of AB340 (or similar retirement-related legislation), shall be deemed null and void, with the contrary AB340 provision(s) being given full force and effect. Therefore, no provision of AB340 shall be deemed to impair any provision of the 2012-15 MOU or any MOU, Agreement, Rule or Regulation predating the 2012-15 MOU. Unit employees newly employed by the District on and after January 1, 2013, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB340 – Government Code section 7522.30) Unit members who are new District employees on and after January 1, 2013, shall be enrolled in the AB340 provided for 2.5% @ 67 retirement formula (AB340, Government Code §7522.20) AB340 MODIFIED 628771.2 YO030-018 4 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 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 job expectations evaluation shall be entitled to move one (1) step and an employee who receives an exceeds job 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 AB340 MODIFIED 628771.2 YO030-018 5 employee is entitled as a result of the performance review rating, shall be retroactive to the anniversary date. Effective December 1, 2006 or soon thereafter as possible, the District will implement a new performance evaluation form. Bargaining unit employee representatives will be invited to participate in any training given to management and supervisory employees in the use of the form. (Until implementation of the new form, the existing performance evaluation form will remain in effect with the understanding that bargaining unit members may be given written goals that will be added to the new performance evaluation which will be used in evaluating future performance.) Section 2.4 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 calendar days, the employee shall be paid prospectively on the 31st consecutive calendar 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 AB340 MODIFIED 628771.2 YO030-018 6 “acting” compensation is contingent on the responsible supervisor determining that the employee has satisfactorily served the necessary consecutive calendar days in the acting position. For example, if an employee serves in an acting position for 29 consecutive calendar days, is removed, and reappointed 10 calendar days later for a period of 29 consecutive calendar days, no acting compensation shall be paid. If an employee works for 45 consecutive calendar days in an acting position, is then removed from the acting position and reappointed 10 working days later for 20 calendar days, acting pay is earned for the 15 calendar days worked as part of the 45 consecutive calendar day period described in this sentence and no acting pay is earned for the subsequent 20 calendar days. 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. AB340 MODIFIED 628771.2 YO030-018 7 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. 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 AB340 MODIFIED 628771.2 YO030-018 8 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. 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. AB340 MODIFIED 628771.2 YO030-018 9 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 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 AB340 MODIFIED 628771.2 YO030-018 10 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 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. AB340 MODIFIED 628771.2 YO030-018 11 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. 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 commences 1800 & ends 1900 10 minute phone call 30 minute call 30 minutes = 2 hours x 1.5 times base hourly rate included in 2 hour minimum .25 hour at 1.5 times base hourly rate 1.5 hours at 1.5 times base hourly 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 AB340 MODIFIED 628771.2 YO030-018 12 (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. 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 AB340 MODIFIED 628771.2 YO030-018 13 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 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 AB340 MODIFIED 628771.2 YO030-018 14 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, 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 AB340 MODIFIED 628771.2 YO030-018 15 one (l) year or pro-ration thereof on a monthly basis for each three (3) years of service to the District or pro-ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) years of service with the District, must provide ninety (90) days notice of intent to retire, must remain in a retired status, and must retire from the District during the term of this Agreement while in good standing (did not retire after being provided written notice that disciplinary investigation/proceedings were pending which in the sole judgment of the District are reasonably anticipated to result in a recommendation of dismissal from employment or which have resulted in a determination by the District to impose dismissal. If a dismissal is appealed and results in a final administrative decision, (and where appealable, a court determination) reinstating the employee, the withheld benefit shall be retroactively implemented to the date of dismissal.) If any benefit period remains when the employee or his/her spouse reaches ages 65, whichever is latest, the coverage shall end and convert to Medicare Supplement for the remainder of the benefit period. For purposes of this Agreement, retired status means that the employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30.) The District shall require an employee to certify under penalty of perjury that the employee has remained on retired status and/or to submit to such additional verification as the District deems necessary to demonstrate retired status. The retired employee must make any contribution required of a regular employee pursuant to Section 5.2, 5.3 or 5.4 prior to the first day of the month in which coverage is to be extended. Failure of AB340 MODIFIED 628771.2 YO030-018 16 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. 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. Section 5.9 Short Term Disability The Board shall provide unit members the same short term disability plan made available in 2012 to unrepresented District employees. Enrollment in the plan shall be effective approximately two (2) weeks after Board of Directors approval of the 2012-2015 MOU. 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 AB340 MODIFIED 628771.2 YO030-018 17 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 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 AB340 MODIFIED 628771.2 YO030-018 18 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. 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 “E”. 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 AB340 MODIFIED 628771.2 YO030-018 19 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. 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. AB340 MODIFIED 628771.2 YO030-018 20 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: Duration of Continuous Hours Accrued per Pay Period Regular Employment During 1st through 60th month 3.077 hrs = 2.0 weeks/yr During 61st through 120th month 4.615 hrs = 3.0 weeks/yr During 121st through 180th month 5.384 hrs = 3.5 weeks/yr During 181st through 240th month 6.153 hrs = 4.0 weeks/yr During 241st month and thereafter 6.922 hrs = 4.5 weeks/yr Part-time unit employees shall accrue paid vacation in proportion to the average or normal hours worked as a part-time employee. 2. For vacation accrual, the last day of the month shall be considered the ending of the accrual period and all accruals for the preceding month or fraction of a month thereof shall be credited to the employee at this time; provided, however, that the date for determining a change in the accrual rate provided in paragraph 9.1(a) shall be the first day of the month on which the employee was hired by the District. 3. Paid vacation hours shall continue to accrue in accordance with the above provisions during any period of leave with pay. 4. 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. AB340 MODIFIED 628771.2 YO030-018 21 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, 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 AB340 MODIFIED 628771.2 YO030-018 22 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 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: AB340 MODIFIED 628771.2 YO030-018 23 (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. Subject to the following exception, sick leave for routine medical or dental leave is for the length of the appointment only and for reasonable travel time to and from the appointment and the work site. However, an employee utilizing sick pay for the routine medical or dental appointment shall be authorized to debit the employee’s earned sick leave balance for an entire scheduled work day, where the employee presents the Human Resources Manager with documentation from the health care provider treating the employee, of indication that the treatment has resulted in the employee being incapacitated for the remainder of the work day, from performing the essential duties of the position. 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 AB340 MODIFIED 628771.2 YO030-018 24 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. 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 AB340 MODIFIED 628771.2 YO030-018 25 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. The remaining 5/8 of his/her accumulated days of sick leave will be converted into CalPERS service credit. If the employee should die, his/her estate shall be entitled to such payment. Section 9.2 Disability Leave 1. In situations where a unit employee has been injured in a non-duty accident and his/her disability leave exceeds one calendar month or the total use of his/her accumulated leaves, including sick leave, paid time off and vacation exceeds one calendar month, that portion of the leave exceeding 30 calendar days, shall constitute a break in service and his/her merit review dates and anniversary date will be adjusted accordingly. 2. An injured employee may elect to take as much of his/her accumulated sick leave, or his/her accumulated vacation as when added to his/her disability indemnity will result in a payment to him/her of not more than his/her full salary or wage. Section 9.3 Leave of Absence Without Pay 1. Department managers may grant a regular or probationary unit employee leave of absence without pay for a period not to exceed two (2) weeks. AB340 MODIFIED 628771.2 YO030-018 26 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) 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. AB340 MODIFIED 628771.2 YO030-018 27 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 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. AB340 MODIFIED 628771.2 YO030-018 28 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 Please refer to the District’s Emergency Leave Policy for information. ARTICLE 10. GRIEVANCE PROCEDURE Section 10.1 Purpose The purpose of this section is to enhance communications between the District and unit employees by providing a fair and impartial review and consideration of grievances at the level closest to their point of origin within a reasonable time period without jeopardizing the employee’s position or employment. Section 10.2 Matters Subject to the Grievance Procedure 1. A grievance may be filed for the alleged violation of this Memorandum of Understanding. AB340 MODIFIED 628771.2 YO030-018 29 2. The grievance procedure shall not be used to establish new policies or change any existing rules. It shall not be used in matters resulting from any form of disciplinary action or evaluation content. Section 10.3 Informal Grievance Adjustment 1. Whenever possible, a unit employee who has a complaint shall try to solve the problem through informal discussion with his/her supervisor not later than 10 working days after the aggrieved employee knew or reasonably should have known of the basis for commencing the grievance procedure. The supervisor shall make whatever investigation he/she deems necessary and reply in writing within ten (10) working days. Any matters for which he/she does not have authority to make a decision shall be brought to the attention of a higher level supervisor who does have the proper authority. 2. If the unit employee is not satisfied with the decision reached through the informal discussion, and/or some other extenuating circumstances exist, he/she shall in writing bring the matter to the attention of the next level of authority not later than ten (10) working days after receipt of the informal decision. The higher level supervisor shall make whatever investigation he/she deems necessary and reply in writing not later than ten (10) working days after receipt of the written grievance. If the employee is still not satisfied with the decision, he/she may file a formal grievance within ten (10) working days of receipt of the higher level supervisor’s written decision. AB340 MODIFIED 628771.2 YO030-018 30 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. AB340 MODIFIED 628771.2 YO030-018 31 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. AB340 MODIFIED 628771.2 YO030-018 32 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 AB340 MODIFIED 628771.2 YO030-018 33 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 AB340 MODIFIED 628771.2 YO030-018 34 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. AB340 MODIFIED 628771.2 YO030-018 35 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: AB340 MODIFIED 628771.2 YO030-018 36 (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 following proposal shall be effective concurrent with Board of Directors approval of a Memorandum of Understanding. AB340 MODIFIED 628771.2 YO030-018 37 The District shall reimburse unit employees for sums paid to the appropriate state agencies after successfully obtaining or renewing of production or distribution certificates. In addition, the District shall provide the below indicated stipend(s) where any unit member in one of the classifications listed in Table “A” has been issued a State of California Department of Health Services Distribution, and/or Treatment, and/or Collection Certificate(s) that is above and beyond the certification required for the particular unit member’s job classification, and where the certificate(s) has been determined in the sole discretion of the General Manager to be relevant to the employee’s principle duties and which is other than a certificate(s) which is (are) a job requirement. The affected unit classifications and the description of certification that is required in order to hold each classification, is indicated in the following Table “A” chart: TABLE “A” 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 ENGINEERING TECH I/II CONSTRUCTION INSPECTOR D1 AB340 MODIFIED 628771.2 YO030-018 38 WATER QUALITY TECH I D1 METER READER I METER READER II D1 METER SERVICES LEAD D1 In those instances where a Table “A” unit member has a Treatment and/or Distribution, and/or Collection Certificate that is in addition to the certification required for the individual unit member’s classification, the following one-time per year certificate(s) compensation shall be distributed during the last payroll period of June of each year. In no case, shall a certificate pay distribution exceed the cumulative value of two (2) certificates. TREATMENT CERTIFICATE DISTRIBUTION CERTIFICATE COLLECTION CERTIFICATE STIPEND/ONE- TIME PER ANNUM T-1 D-1 C-1 $150.00 T-2 D-2 C-2 $175.00 T-3 D-3 C-3 $200.00 T-4 D-4 C-4 $225.00 T-5 D-5 X $250.00 Subject to certificate pay being limited to a total of two (2) certificates, each affected unit member shall be eligible to receive, one-time per year, the combined total of the stipend that relates to any of the above particular levels. For example, a unit member having been issued a T-3 certificate shall receive a $200.00 stipend. A unit member having been issued a T-3 and a D-4 shall receive a $425.00 stipend. A unit member having a T-5, D-5 and a C-4, shall receive $500.00. (Where three or more certificates have been issued, the two (2) certificates having the highest stipend shall be utilized to determine the total AB340 MODIFIED 628771.2 YO030-018 39 stipend.) (As indicated above, a stipend will only be paid for an issued certificate which is above the certification required of the unit member holding a specific classification. Thus, a Plant Operator II having been issued a T-2 and a D-3 certificate, shall receive no stipend. A Plant Operator II having been issued a T-2 certificate and a D-4 certificate shall receive a $225.00 stipend.) TABLE “B” CLASSIFICATION Mechanic I Mechanic II Mechanic III Senior Fleet Mechanic Table “B” addresses the unit classifications of Mechanic I, II and III and Senior Fleet Mechanic. Individuals within these classifications are eligible for the following certificate compensation upon being awarded specified certificates issued by the National Institute for Automotive Service Excellence (“ASE”.) It has been agreed by the parties that the following available ASE certificates shall be deemed relevant to the employee’s principal duties. Those certificates as defined by the ASE are: Automobile & Light Truck Truck Equipment Alternate Fuels Advanced Engine Performance Specialist Electronic Diesel Engine Diagnosis Specialist AB340 MODIFIED 628771.2 YO030-018 40 Medium-Heavy Truck Undercar Specialist Exhaust Systems Unlike the classifications described in Table “A” above, the classifications described in Table “B” do not require any specified certification as a condition precedent to employment. Accordingly, where a Table “B” classified employee has been issued an ASE certificate deemed by the General Manager to be relevant to the employee’s principal duties, the employee shall receive a one- time per annum stipend of $150.00 for each certificate, not to exceed two (2) certificates ($300.00) per annum. The distribution shall be made at the same time as are made distributions applicable to Table “A” classifications. Payment by the District of any Table “A” or “B” certification registration fees, per test fees, recertification fees or similar fees shall only be made following provision to the District of evidence that the employee has successfully qualified for and been awarded the pertinent certificate(s.) The one-time per annum stipend(s) for Table “A” or “B” certificates shall be paid only while a certificate remains valid. Section 13.3 Education Reimbursement The District shall provide educational reimbursement to unit employees for costs of tuition, fees, books and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. 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 AB340 MODIFIED 628771.2 YO030-018 41 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, other than having been laid off pursuant to District layoff policy, 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 to comply with the terms of this section as a condition precedent to receipt of any such funds. AB340 MODIFIED 628771.2 YO030-018 42 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 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 AB340 MODIFIED 628771.2 YO030-018 43 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 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 AB340 MODIFIED 628771.2 YO030-018 44 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 services in violation of this provision. It is understood that any person AB340 MODIFIED 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 , 2012 through June 30 , 2015 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 A sociation Br r zorZ i ah Va c7 rgas \ Date Steve Conklin D to PresOprit � + Acting General Manager \J�ennifer H i i Date Gi ight Date Vtce-President H man esource ; Risk anager Z Ariel Bacani Date Secretary Joann Gitmed Date 628771 .2 Y0030-018 45 AB340 MODIFIED Director Denise Salazar Date Director 628771 .2 Y0030-018 46 350831.1 YO030-008 EXHIBIT A YORBA LINDA WATER DISTRICT BARGAINING UNIT EMPLOYEES ASSOCIATION SALARY RANGES AND AUTHORIZED CLASSIFICATIONS 7-1-2012 through 6-30-2015 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 II BU17 NON-EX Customer Service Representative III BU19 NON-EX Engineering Secretary BU17 NON-EX Engineering Technician I BU20 NON-EX Engineering Technician II 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 II 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 BU17 NON-EX Plant Operator II BU23 NON-EX 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 II BU22 NON-EX Exhibit "B" Pay Plan Bargaining Unit Employees Effective July 1st, 2012 thru June 30, 2013 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 BU 10 Monthly $2,485.9539 $2,548.1027 $2,611.8053 $2,677.1004 $2,744.0280 $2,812.6287 $2,882.9444 $2,955.0180 $3,028.8934 Hourly $14.3420 $14.7006 $15.0681 $15.4448 $15.8309 $16.2267 $16.6324 $17.0482 $17.474 ' BU 11 Monthly $2,610.2516 $2,675.5079 $2,742.3956 $2,810.9555 $2,881.2294 $2,953.2601 $3,027.0916 $3,102.7689 $3,180.3381 Hourly $15.0591 $15.4356 $15.8215 $16.2171 $16.6225 $17.0380 $17.4640 $17.9006 $18.3481 BU 12 Monthly $2,740.7642 $2,809.2833 $2,879.5154 $2,951.5032 $3,025.2908 $3,100.9231 $3,178.4462 $3,257.9073 $3,339.3550 Hourly $15.8121 $16.2074 $16.6126 $17.0279 $17.4536 $17.8899 $18.3372 $18.7956 $19.2655 BU 13 Monthly $2,877.8024 $2,949.7474 $3,023.4911 $3,099.0784 $3,176.5554 $3,255.9693 $3,337.3685 $3,420.8027 $3,506.3228 Hourly $16.6027 $17.0178 $17.4432 $17.8793 $18.3263 $18.7844 $19.2540 $19.7354 $20.2288 BU 14 Monthly $3,021.6925 $3,097.2348 $3,174.6657 $3,254.0323 $3,335.3831 $3,418.7677 $3,504.2369 $3,591.8428 $3,681.6389 Hourly $17.4328 $17.8687 $18.3154 $18.7733 $19.2426 $19.7237 $20.2168 $20.7222 $21.2402 BU 15 Monthly $3,172.7771 $3,252.0966 $3,333.3990 $3,416.7339 $3,502.1523 $3,589.7061 $3,679.4488 $3,771.4350 $3,865.7208 Hourly $18.3045 $18.7621 $19.2311 $19.7119 $20.2047 $20.7098 $21.2276 $21.7583 $22.3022 BU 16 Monthly $3,331.4160 $3,414.7014 $3,500.0689 $3,587.5706 $3,677.2599 $3,769.1914 $3,863.4212 $3,960.0067 $4,059.0069 Hourly $19.2197 $19.7002 $20.1927 $20.6975 $21.2150 $21.7453 $22.2890 $22.8462 $23.4173 BU 17 Monthly $3,497.9868 $3,585.4365 $3,675.0724 $3,766.9492 $3,861.1229 $3,957.6510 $4,056.5922 $4,158.0071 $4,261.9572 Hourly $20.1807 $20.6852 $21.2023 $21.7324 $22.2757 $22.8326 $23.4034 $23.9885 $24.5882 BU 18 Monthly $3,672.88611 $3,764.7083 $3,858.82601 $3,955.29661 $4,054.17901 $4,155.53351 $4,259.42191 $4,365.90741 $4,475.0551 Hourly $21.18971 $21.7195 $22.26251 $22.81901 $23.38951 $23.97421 $24.57361 $25.18791 $25.8176 (Page 2 of 2) Exhibit B Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 BU 19 Monthly $3,856.5304 $3,952.9437 $4,051.7673 $4,153.0615 $4,256.8880 $4,363.3102 $4,472.3930 $4,584.2028 $4,698.8078 Hourly $22.2492 $22.8054 $23.3756 $23.9600 $24.5590 $25.1729 $25.8023 $26.4473 $27.1085 BU 20 Monthly $4,049.3570 $4,150.5909 $4,254.3556 $4,360.7145 $4,469.7324 $4,581.4757 $4,696.0126 $4,813.4129 $4,933.7482 Hourly $23.3617 $23.9457 $24.5444 $25.1580 $25.7869 $26.4316 $27.0924 $27.7697 $28.4639 BU 21 Monthly $4,251.8248 $4,358.1204 $4,467.0734 $4,578.7503 $4,693.2190 $4,810.5495 $4,930.8132 $5,054.0836 $5,180.4357 Hourly $24.5298 $25.1430 $25.7716 $26.4159 $27.0763 $27.7532 $28.4470 $29.1582 $29.8871 BU 22 Monthly $4,464.4160 $4,576.0264 $4,690.4271 $4,807.6878 $4,927.8800 $5,051.0770 $5,177.3539 $5,306.7877 $5,439.4574 Hourly $25.7562 $26.4002 $27.0602 $27.7367 $28.4301 $29.1408 $29.8693 $30.6161 $31.3815 BU 23 Monthly $4,687.6368 $4,804.8278 $4,924.9485 $5,048.0722 $5,174.2740 $5,303.6308 $5,436.2216 $5,572.1271 $5,711.4303 Hourly $27.0441 $27.7202 $28.4132 $29.1235 $29.8516 $30.5979 $31.3628 $32.1469 $32.9506 BU 24 Monthly $4,922.0187 $5,045.0691 $5,171.1959 $5,300.4758 $5,432.9877 $5,568.8124 $5,708.0327 $5,850.7335 $5,997.0018 Hourly $28.3963 $29.1062 $29.8338 $30.5797 $31.3442 $32.1278 $32.9310 $33.7542 $34.5981 BU 25 Monthly $5,168.1196 $5,297.3226 $5,429.7557 $5,565.4996 $5,704.6371 $5,847.2530 $5,993.4343 $6,143.2702 $6,296.8519 Hourly $29.8161 $30.5615 $31.3255 $32.1087 $32.9114 $33.7342 $34.5775 $35.4419 $36.3280 BU 26 Monthly $5,426.52561 $5,562.18871 $5,701.24351 $5,843.77451 $5,989.86891 $6,139.61561 $6,293.10601 $6,450.43371 $6,611.6945 Hourly $31.30691 $32.08961 $32.89181 $33.71411 $34.55691 $35.42091 $36.30641 $37.2140 $38.1444 * In the event of a keying/formula discrepancy, all pay plans (salary matrices)are calculated @ 2.5% between each step and 5.0% between each range. Exhibit "C" Pay Plan Bargaining Unit Employees Effective July 1st, 2013 thru June 30, 2014 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 BU 10 Monthly $2,560.5325 $2,624.5458 $2,690.1595 $2,757.4134 $2,826.3488 $2,897.0075 $2,969.4327 $3,043.6685 $3,119.7602 Hourly $14.7723 $15.1416 $15.5202 $15.9082 $16.3059 $16.7135 $17.1313 $17.5596 $17.9986 BU 11 Monthly $2,688.5591 $2,755.7731 $2,824.6674 $2,895.2841 $2,967.6662 $3,041.8579 $3,117.9043 $3,195.8519 $3,275.7482 Hourly $15.5109 $15.8987 $16.2962 $16.7036 $17.1212 $17.5492 $17.9879 $18.4376 $18.8985 BU 12 Monthly $2,822.9871 $2,893.5618 $2,965.9008 $3,040.0483 $3,116.0495 $3,193.9508 $3,273.7995 $3,355.6445 $3,439.5356 Hourly $16.2865 $16.6936 $17.1110 $17.5387 $17.9772 $18.4266 $18.8873 $19.3595 $19.8435 BU 13 Monthly $2,964.1364 $3,038.2398 $3,114.1958 $3,192.0507 $3,271.8520 $3,353.6483 $3,437.4895 $3,523.4268 $3,611.5124 Hourly $17.1008 $17.5283 $17.9665 $18.4157 $18.8761 $19.3480 $19.8317 $20.3275 $20.8356 BU 14 Monthly $3,112.3433 $3,190.1518 $3,269.9056 $3,351.6533 $3,435.4446 $3,521.3307 $3,609.3640 $3,699.5981 $3,792.0880 Hourly $17.9558 $18.4047 $18.8648 $19.3365 $19.8199 $20.3154 $20.8233 $21.3438 $21.8774 BU 15 Monthly $3,267.9604 $3,349.6594 $3,433.4009 $3,519.2359 $3,607.2168 $3,697.3973 $3,789.8322 $3,884.5780 $3,981.6924 Hourly $18.8536 $19.3250 $19.8081 $20.3033 $20.8109 $21.3311 $21.8644 $22.4110 $22.9713 BU 16 Monthly $3,431.3584 $3,517.1424 $3,605.0710 $3,695.1977 $3,787.5777 $3,882.2671 $3,979.3238 $4,078.8069 $4,180.7771 Hourly $19.7963 $20.2912 $20.7985 $21.3184 $21.8514 $22.3977 $22.9576 $23.5316 $24.1190 BU 17 Monthly $3,602.9264 $3,692.9995 $3,785.3245 $3,879.9576 $3,976.9566 $4,076.3805 $4,178.2900 $4,282.7472 $4,389.8159 Hourly $20.7861 $21.3058 $21.8384 $22.3844 $22.9440 $23.5176 $24.1055 $24.7082 $25.3259 BU 18 Monthly $3,783.07271 $3,877.6495 $3,974.59071 $4,073.95551 $4,175.80441 $4,280.19951 $4,387.20451 $4,496.88461 $4,609.3067 Hourly $21.8254 $22.3711 $22.9303 $23.5036 $24.0912 $24.6935 $25.3108 $25.9436 $26.5922 (Page 2 of 2) Exhibit C Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 BU 19 Monthly $3,972.2263 $4,071.5320 $4,173.3203 $4,277.6533 $4,384.5946 $4,494.2095 $4,606.5647 $4,721.7288 $4,839.7721 Hourly $22.9167 $23.4896 $24.0768 $24.6788 $25.2957 $25.9281 $26.5763 $27.2407 $27.9218 BU 20 Monthly $4,170.8376 $4,275.1086 $4,381.9863 $4,491.5359 $4,603.8243 $4,718.9200 $4,836.8929 $4,957.8153 $5,081.7607 Hourly $24.0625 $24.6641 $25.2807 $25.9127 $26.5605 $27.2245 $27.9052 $28.6028 $29.3178 BU 21 Monthly $4,379.3795 $4,488.8640 $4,601.0856 $4,716.1127 $4,834.0156 $4,954.8659 $5,078.7376 $5,205.7060 $5,335.8487 Hourly $25.2657 $25.8973 $26.5447 $27.2083 $27.8886 $28.5858 $29.3004 $30.0329 $30.7837 BU 22 Monthly $4,598.3485 $4,713.3072 $4,831.1399 $4,951.9184 $5,075.7163 $5,202.6092 $5,332.6745 $5,465.9913 $5,602.6411 Hourly $26.5289 $27.1922 $27.8720 $28.5688 $29.2830 $30.0151 $30.7654 $31.5346 $32.3229 BU 23 Monthly $4,828.2659 $4,948.9726 $5,072.6969 $5,199.5143 $5,329.5022 $5,462.7397 $5,599.3082 $5,739.2909 $5,882.7732 Hourly $27.8554 $28.5518 $29.2656 $29.9972 $30.7471 $31.5158 $32.3037 $33.1113 $33.9391 BU 24 Monthly $5,069.6792 $5,196.4212 $5,326.3317 $5,459.4900 $5,595.9773 $5,735.8767 $5,879.2736 $6,026.2555 $6,176.9118 Hourly $29.2481 $29.9794 $30.7288 $31.4971 $32.2845 $33.0916 $33.9189 $34.7669 $35.6360 BU 25 Monthly $5,323.1632 $5,456.2422 $5,592.6483 $5,732.4645 $5,875.7761 $6,022.6705 $6,173.2373 $6,327.5682 $6,485.7574 Hourly $30.7106 $31.4783 $32.2653 $33.0719 $33.8987 $34.7462 $35.6148 $36.5052 $37.4178 BU 26 Monthly $5,589.32131 $5,729.05441 $5,872.28071 $6,019.08771 $6,169.56491 $6,323.80411 $6,481.89921 $6,643.94661 $6,810.0453 Hourly $32.24611 $33.05221 $33.87851 $34.72551 $35.59361 $36.48351 $37.39561 $38.3305 $39.2881 * In the event of a keying/formula discrepancy, all pay plans (salary matrices)are calculated @ 2.5% between each step and 5.0% between each range. Exhibit "D" Pay Plan Bargaining Unit Employees Effective July 1st, 2014 thru June 30, 2015 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 BU 10 Monthly $2,637.3485 $2,703.2822 $2,770.8643 $2,840.1359 $2,911.1393 $2,983.9178 $3,058.5157 $3,134.9786 $3,213.3531 Hourly $15.2155 $15.5959 $15.9858 $16.3854 $16.7950 $17.2149 $17.6453 $18.0864 $18.5386 BU 11 Monthly $2,769.2159 $2,838.4463 $2,909.4075 $2,982.1427 $3,056.6962 $3,133.1136 $3,211.4415 $3,291.7275 $3,374.0207 Hourly $15.9762 $16.3757 $16.7850 $17.2047 $17.6348 $18.0757 $18.5275 $18.9907 $19.4655 BU 12 Monthly $2,907.6767 $2,980.3686 $3,054.8779 $3,131.2498 $3,209.5310 $3,289.7693 $3,372.0136 $3,456.3139 $3,542.7217 Hourly $16.7751 $17.1944 $17.6243 $18.0649 $18.5165 $18.9794 $19.4539 $19.9403 $20.4388 BU 13 Monthly $3,053.0606 $3,129.3871 $3,207.6217 $3,287.8123 $3,370.0076 $3,454.2578 $3,540.6142 $3,629.1296 $3,719.8578 Hourly $17.6138 $18.0542 $18.5055 $18.9681 $19.4424 $19.9284 $20.4266 $20.9373 $21.4607 BU 14 Monthly $3,205.7136 $3,285.8564 $3,368.0028 $3,452.2029 $3,538.5080 $3,626.9707 $3,717.6449 $3,810.5861 $3,905.8507 Hourly $18.4945 $18.9569 $19.4308 $19.9166 $20.4145 $20.9248 $21.4480 $21.9842 $22.5338 BU 15 Monthly $3,365.9993 $3,450.1492 $3,536.4030 $3,624.8131 $3,715.4334 $3,808.3192 $3,903.5272 $4,001.1154 $4,101.1433 Hourly $19.4192 $19.9047 $20.4023 $20.9124 $21.4352 $21.9711 $22.5203 $23.0834 $23.6604 BU 16 Monthly $3,534.2992 $3,622.6567 $3,713.2231 $3,806.0537 $3,901.2050 $3,998.7352 $4,098.7036 $4,201.1711 $4,306.2004 Hourly $20.3902 $20.8999 $21.4224 $21.9580 $22.5070 $23.0696 $23.6464 $24.2375 $24.8435 BU 17 Monthly $3,711.0142 $3,803.7895 $3,898.8843 $3,996.3564 $4,096.2653 $4,198.6719 $4,303.6387 $4,411.2297 $4,521.5104 Hourly $21.4097 $21.9449 $22.4936 $23.0559 $23.6323 $24.2231 $24.8287 $25.4494 $26.0856 BU 18 Monthly $3,896.56491 $3,993.9790 $4,093.82851 $4,196.17421 $4,301.07861 $4,408.60551 $4,518.82071 $4,631.79121 $4,747.5860 Hourly $22.48021 $23.0422 $23.61821 $24.20871 $24.81391 $25.43431 $26.07011 $26.72191 $27.389 (Page 2 of 2) Exhibit D Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 BU 19 Monthly $4,091.3931 $4,193.6780 $4,298.5199 $4,405.9829 $4,516.1325 $4,629.0358 $4,744.7617 $4,863.3807 $4,984.9653 Hourly $23.6042 $24.1943 $24.7992 $25.4191 $26.0546 $26.7060 $27.3736 $28.0580 $28.7594 BU 20 Monthly $4,295.9628 $4,403.3619 $4,513.4459 $4,626.2821 $4,741.9391 $4,860.4876 $4,981.9998 $5,106.5498 $5,234.2135 Hourly $24.7844 $25.4040 $26.0391 $26.6901 $27.3573 $28.0413 $28.7423 $29.4609 $30.1974 BU 21 Monthly $4,510.7609 $4,623.5300 $4,739.1182 $4,857.5962 $4,979.0361 $5,103.5120 $5,231.0998 $5,361.8773 $5,495.9242 Hourly $26.0236 $26.6742 $27.3411 $28.0246 $28.7252 $29.4433 $30.1794 $30.9339 $31.7073 BU 22 Monthly $4,736.2990 $4,854.7065 $4,976.0741 $5,100.4760 $5,227.9879 $5,358.6876 $5,492.6548 $5,629.9711 $5,770.7204 Hourly $27.3248 $28.0079 $28.7081 $29.4258 $30.1615 $30.9155 $31.6884 $32.4806 $33.2926 BU 23 Monthly $4,973.1139 $5,097.4418 $5,224.8778 $5,355.4998 $5,489.3873 $5,626.6220 $5,767.2875 $5,911.4697 $6,059.2564 Hourly $28.6910 $29.4083 $30.1435 $30.8971 $31.6695 $32.4613 $33.2728 $34.1046 $34.9572 BU 24 Monthly $5,221.7696 $5,352.3139 $5,486.1217 $5,623.2748 $5,763.8566 $5,907.9530 $6,055.6519 $6,207.0432 $6,362.2193 Hourly $30.1256 $30.8787 $31.6507 $32.4420 $33.2530 $34.0843 $34.9365 $35.8099 $36.7051 BU 25 Monthly $5,482.8581 $5,619.9296 $5,760.4278 $5,904.4385 $6,052.0495 $6,203.3507 $6,358.4345 $6,517.3953 $6,680.3302 Hourly $31.6319 $32.4227 $33.2332 $34.0641 $34.9157 $35.7886 $36.6833 $37.6004 $38.5404 BU 26 Monthly $5,757.00101 $5,900.92601 $6,048.44921 $6,199.66041 $6,354.651911 $6,513.51821 $6,676.35621 $6,843.26511 $7,014.3467 Hourly $33.21351 $34.04381 $34.89491 $35.76731 $36.66151 $37.57801 $38.51741 $39.4804 $40.4674 * 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. 350310.1 YO030-008 EXHIBIT E 2012-2015 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