HomeMy WebLinkAbout2005-09-08 - Resolution No. 05-07RESOLUTION NO. 05-07
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 Assocation; 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 2003-04 and 2004-05
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 the fiscal year 2005-06 as attached hereto and by this
reference incorporated herein as Exhibit "A".
Section 2. The fiscal year 2005-06 Pay Plan for the Yorba Linda Water District Employees
Association is approved and adopted as attached hereto and by this reference
incorporated herein as Exhibit "B".
Section 3. That Resolution 03-01 is hereby rescinded.
PASSED AND ADOPTED this 8`h day of September 2005 by the following called vote:
Ayes: Armstrong, Beverage, Collett, Mills, Summerfield
Noes:
None
Absent:
None
Abstain:
None
Michael A. Payne, Secret
Yorba Linda Water Distric
Michael J. deveragO, President
Yorba Linda Water District
Exilibit "A"
OF UNDEgSTANDING
MEMOgANDUM
D A ~ ATEg DISTgICT
fllfwEEN YOB A LIN,)X wATER'
AND THE yo"
S ASSOCIATION
DISIwcI EMPLOYEE
,qq
TABLE OF CONTENTS
Page
ARTICLE 1. RECOGNITION ...................................................................................................1
ARTICLE 2. SAL, RY SCHEDULE
Section 2.1 Employee PERS Contribution Rate I
Section 2.2 Merit Increases I
ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF 3
Section 3.1 Overtime ...................................................................................................3
Section 3.2 Compensatory Time Off ...........................................................................3
ARTICLE 4. STAl DBY AND CALL OUT COMPENSATION .............................................4
Section 4.1 Standby Compensation .............................................................................4
Section 4.2 Call-Out Compensation ............................................................................4
ARTICLE 5. INSURANCE ........................................................................................................5
Section 5.1 Life Insurance ...........................................................................................5
Section 5.2 Health and Accident Insurance 5
Section 5.3 Dental Insurance .......................................................................................6
Section 5.4 Vision Coverage ........................................................................................6
Section 5.5 Cost Adjustments ......................................................................................7
Section 5.6 Retiree Insurance Benefits ........................................................................7
Section 5.7 Cafeteria Plan 8
Section 5.8 Long-Term Disability ...............................................................................8
ARTICLE 6. HOUR
ARTICLE 7. HOLIPAYS 9
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ARTICLE 8. VACATION ........................................................................................................11
ARTICLE 9. LEAVES .............................................................................................................13
Section 9.1
Sick Leave
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13
Section 9.2
I Disability Leave
15
Section 9.3
Leave of Absence Without Pay
16
Section 9.4
Maternity Leave
17
Section 9.5
Jury Duty/Court Testimony
17
Section 9.6
Bereavement Leave
17
Section 9.7
Catastrophic Leave
18
ARTICLE 10. GRIEN,'ANCE PROCEDURE .............................................................................18
Section 10.1 ~ Purpose ....................................................................................................18
Section 10.2 Matters Subject to the Grievance Procedure ...........................................18
Section 10.3 Informal Grievance Adjustment .............................................................19
Section 10.4 Formal Grievance Procedure ..................................................................19
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Section 10.5 General Conditions .................................................................................20
ARTICLE 11. EMPLOYEE DISCIPLINE
20
Section 11.1
Forms of Discipline
20
Section 11.2
Procedure
21
Section 11.3
Appeal of Disciplinary Action
22
ARTICLE 12. JOB :
OSTING
24
ARTICLE 13. MIS
ELLANEOUS BENEFITS
24
Section 13.1
Safety Boot Allowance
24
Section 13.2
Reimbursement for Certificates
25
Section 13.3
Education Reimbursement
25
Section 13.4
Uniforms
25
ARTICLE 14. DRUG POLICY ..................................................................................................25
ARTICLE 15. COMPLETION OF MEET AND CONFER 26
ARTICLE 16. CONCERTED ACTIVITIES ..............................................................................27
ARTICLE 17. TERM OF AGREEMENT ..................................................................................27
ARTICLE 18. DISTiICT GOVERNING BOARD APPROVAL .............................................27
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MEMORANDUM OF UNDERSTANDING
BETWEEN YORBA LINDA WATER DISTRICT
AND THE YORBA LINDA WATER
DISTRICT EMPLOYEES ASSOCIATION
ARTICLE 1. RECOGNITION
Pursuant to tie 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 represenl'ative of a bargaining unit consisting of the classifications listed in Exhibit
"A" (hereinafter sometimes called "unit employees," "employees," "members" or "unit
members") to this M;morandum of Understanding (hereinafter "MOU").
ARTICLE 2. Si~LARY SCHEDULE
The District shall maintain the salary schedule attached hereto as Exhibit "B" for fiscal
year 2005-06.
Section 2.1 Emnlovee PERS Contribution Rate.
During the rE-maining term of this MOU, the District shall pay the entire 7% of the
employee's contribu`,ion rate. All payments will be credited to the employee's individual
account with PERS. The District will contract with Ca1PERS for a Fourth Level of 1959
Survivor Benefit Program survivor benefit as soon as possible after ratification.
Section 2.2 Merit Increases.
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 or sustained improvement by the unit employees in the effective performance
of the duties of hisihe - position as determined within the District's sole discretion.
2. The District has developed a rating factor system for evaluation purposes. Merit
salary increases fro Steps 1 through 3 within an established salary range require that an
employee have 60 o more points on the regular employee evaluation. In order for an employee
to move to a step ab ve Step 3 within an established salary range, the employee must have 80 or
more points on the nnual employee evaluation. At any time an employee on Step 4 within an
established salary ra ige fails to achieve 70 or more points on the employee's annual evaluation,
the employee will be reduced one step. At any time an employee on Step 5 within an established
salary range fails to achieve 80 or more points on the employee's annual evaluation, the
employee will be reduced one step. Such a step reduction shall be a function of evaluation
content and not be ci ~nsidered discipline for any purpose.
3. A ne'iw unit employee or reclassified unit employee shall be eligible for
consideration for a merit salary increase upon completion of the probationary period. It is
understood that any employee not notified prior to the end of the probationary period that he/she
has not passed probation or that probation has been extended shall be considered a permanent
employee. Subsequent merit salary increase eligibility dates shall be at one (1) year intervals
following the completion of the probationary period. All employees shall receive a review on or
before this anniversary date. The effective date of any merit salary increase shall generally
become effective orI the anniversary date. The District shall endeavor to have performance
reviews completed within two weeks after the anniversary date. If the evaluation is delayed, any
subsequent salary ii,tcrease to which the employee could otherwise be entitled to shall be
retroactive to the due date.
4. The Personnel Officer may appoint an employee to serve in a position on a
temporary "acting ar pointment" basis. The employee shall be paid at the nearest, higher step in
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the salary range of the position after 30 days within any one year of satisfactory job performance.
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.
5. 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 aw. 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 ;o fringe and reimbursement benefits and the District shall make deductions
in accordance with the law.
ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF
Section 3.1 Overtime.
A unit employee covered by this Memorandum of Understanding who performs
authorized work in excess of an 8-hour work day, except for those employees who work a nine-
eighty schedule, or ~ 40-hour work week, shall be compensated for such overtime work at the
rate of one and one-lialf times his regular hourly rate of pay. Overtime shall be calculated to the
nearest one-half hoi~r of overtime worked. In order to receive overtime compensation, non-
emergency overtimep must be authorized in advance by the appropriate department manager and
approved by the General Manager.
Section 3.2 Compensatory Time Off.
Compensatory time off may be authorized by the appropriate department manager in lieu
of overtime pay or, the basis of the best interests of his/her 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
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may be accrued is forty hours. At the employee's request, the employee shall be paid for
compensatory time in minimum increments of 10 hours in lieu of time off. Upon termination, a
unit employee shall be compensated at his/her current rate of pay for any accrued compensatory
time.
ARTICLE 4. STANDBY AND CALL OUT COMPENSATION.
Section 4.1 Standbv Compensation.
A unit emp oyee 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 a flat fee for
each day he/she is assigned to standby duty. The flat fee during the term of this MOU shall be
Thirty Dollars ($30.00).
(It is underst god that standby duty for pump operations will be provided by qualified and
available employeesI as assigned by the supervisor and/or operations manager, and that those
individuals in Maintenance I and Maintenance II positions determined qualified by the District
shall be eligible for 'standby duty. Otherwise, standby eligibility will be as existed prior to the
date of this Memorandum of Understanding.) The pay for standby time may be accrued to the
second payday in December and paid in a lump sum or it may be paid at the regular pay period in
which the standby ditty is completed.
Section 4.2 Call-Out Compensation.
1. Call-cut compensation shall be as follows:
(a) When a unit employee is called out for emergency situations arising at
times other than the,=ployee's normally scheduled working hours, and not as an extension of a
regularly scheduled ;'iohift, 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.
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(b) ' All emergency call-out time which exceeds one hour shall be calculated to
the nearest one-half hour of time worked.
ARTICLE 5. ll~ SURANCE
Section 5.1 Life Insurance.
The District shall continue to provide group life insurance, in the amount of one times
basic annual salary .°ounded 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 cov~rage. An employee may increase the coverage to up to two times annual
salary by authorizing the additional premium to be deducted from his/her salary.
Section 5.2 Health and Accident Insurance.
The District shall pay up to $365.48 per month but not more than 100% of the premium
toward the premiuri 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 $329.25 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 $419.91 per
month but not mo T than 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/ier salary. The employees shall have the option of selecting a District-
designated Health ,vlaintenance Organization ("HMO"). The District contribution for HMO
coverage will be in accordance with this paragraph.
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Section 5.31 Dental Insurance.
The District shall pay up to $27.49 per month but not more than 100% of the premium for
dental insurance fcir all unit employees who work 30 hours or more per week, after they have
worked for two cal ndar months, and up to an additional $17.89 per month but not more than 2/3
of the additional pr mium toward unit employee dependent coverage for covered employees with
one dependent or 1 IIIIlip to $42.74 per month but not more than 2/3 of the additional premium
toward unit employ,-e 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 istrict's choosing. The individual employee shall pay the cost of the
difference in premit,m, 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
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paragraph.
Section 5.4 Vision Coveraee.
The District hall pay up to $11.50 per month, but not more than 100% of the premium,
toward the premium for vision insurance for unit members who work more than 30 hours per
week, after they hav16 worked for two calendar months; and up to an additional $3.45 per month
but not more than 2/3 of the additional premium toward dependent coverage for covered
employees with one ependent, or up to $12.26 per month but not more than 2/3 of the additional
premium toward dept ndent 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 istrict's choosing. The individual employee shall pay the cost of the
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difference in premium to be deducted from his/her salary.
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Section 5.5 Cost Adiustments.
Effective Ja uary 1, 2006, the maximum amounts in Sections 5.2, 5.3 and 5.4 shall be
adjusted to reflect t e actual cost to the District of employee coverage and 2/3 of the cost of all
dependent coverage with the employees paying the balance for selected coverages.
Section 5.6 Retiree Insurance Benefits.
Subject to carrier approval, the District shall pay the amounts provided in Sections 5.2
and 5.3 of this AgrOment for any employee who retires from the District for a period of time
which is equivalents to one (1) year or proration thereof on a monthly basis for each three (3)
years of service to the District or proration thereof on a quarterly basis. To be eligible for this
benefit, the employe must be at least 50 years of age, must have five (5) years of service with
the District, must red""ire from the District after the date of this Agreement while in good standing
and upon ninety (901 days written notice, and must remain in retired status. If any benefit period
remains when the en~ ployee or his/her spouse reaches ages 65, whichever is latest, then coverage
will convert to Med: care Supplement for the remainder of the benefit period. For purposes of
this Agreement, retirM d status means that the employee shall not work for compensation for more
than seven hundred t Nenty (720) hours in any fiscal year (July 1 through June 30). The District
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may require an empl byee to certify under penalty of perjury that the employee has remained on
retired status and/or isubmit to such additional verification as the District deems necessary to
demonstrate retired tatus. The retired employee must make any contribution required of a
regular employee pur' uant to Section 5.2 prior to the first day of the month in which coverage is
to be extended. Failure of an employee to make such payment shall result in termination of
coverage and termination of any right to any benefit pursuant to this section.
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Section 5.7 Cafeteria Plan.
To the exte t possible, the District shall extend its current plan under Section 125 of the
Internal Revenue Cede to cover unit employees.
Section 5.8 Lona-Term Disabilitv.
The District shall provide a long-term disability plan for employees which has a 90-day
elimination period nd provides at least sixty percent (60%) of salary for a designated period of
time in accordance with coverage procured by the District from a carrier to be determined at the
District's sole discretion.
ARTICLE 6. HOURS
I . The i egular work week for all full-time unit employees covered by this MOU
shall be 40 hours as !scheduled by department heads. It is expressly understood that department
manager may sched (ale maintenance and plant operation shifts which include evening, weekend
and holiday work. 'Specifically, the department manager may create crews consisting of two
individuals, one front either Maintenance Lead Worker or Maintenance III, and the other from
Maintenance II or Maintenance I assigned to an on-duty maintenance shift available for
emergency situation and other maintenance assignments which may be required to work
Saturdays or Sunday. Volunteers for such crews shall first be solicited. In the event that there
are insufficient voluj~teers, all maintenance employees shall be assigned to such crews on a
three-month rotating asis. Employees may work out trades, provided that the trade is completed
within the same work] week and one 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 40 hou: s, the hourly rate of pay shall be twelve time the monthly rate divided by
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2,080 (40 hours times' 52 weeks). An employee may request a part-time assignment which shall
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be granted at the s le discretion of the General Manager or his/her designee. The District, at its
sole discretion, ma~ offer a 9/80 work schedule.
2. Tho,Ie unit employees covered by this Memorandum of Understanding whose
regularly scheduled 40-hour work week or special shift work week includes working hours after
6:00 P.M. and/or be ore 6:00 A.M. Monday through Friday, and/or any hours on Saturday and/or
Sunday and/or holi ays, shall be paid a differential equal to their regular hourly rate plus five
percent (5%) for ea~h hour worked after 6:00 P.M. and/or before 6:00 A.M. Monday through
Friday, and/or all ho irs worked on Saturday and/or Sunday and/or holidays.
ARTICLE 7. H LIDAYS
1. The fi~llowing days shall be recognized as holidays and full-time unit employees
covered by this Me iorandum of Understanding (with the exception of employees assigned to
special shift work for pumping plant operations and on-duty maintenance available for
emergency situations;i shall have these holidays off with pay:
(a) Independence Day
(b) Labor Day
(c) Thanksgiving Day and day after
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(d) ;Christmas Day
(e) ~ Year's Day
(f) President's Birthday
(g) emorial Day
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There shall be three additional holidays, one of which is in lieu of Admission's Day, as
follows:
Columbus Day I. October 10
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Veterans D~ y - November 11
Day before 1'~h stmas Eve - December 23
3. Holi ay pay will be based on the work hours scheduled for the designated
holiday.
(a) ) For those unit employees whose scheduled work week is Monday through
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Friday, a holiday Alling 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.
(b) For those unit employees not assigned to special shift work whose
scheduled work week is not Monday through Friday, any holiday falling on their scheduled days
off shall be taken so as to provide the employee with three consecutive days off, unless another
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day is designated by he General Manager.
(For e ample; for a Sunday to Thursday work week, if a holiday falls on Friday or
Saturday, the employee takes Thursday as a holiday; or, for a Tuesday to Saturday work week, if
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a holiday falls on Saturday or Sunday, the employee takes Tuesday as a holiday.)
4. Unit e hlployees assigned to special shift work shall be entitled to receive one day
of paid time off (an ir~-lieu holiday) on a day designated or approved by the District at the regular
rate of pay for each lj oliday whether or not the holiday falls on a regularly scheduled workday
for that employee, so ong as the pumping plant is manned and/or a maintenance crew is on duty
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at work for emergenc situations during the holiday period.
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5. If unit employees, other than employees assigned to special shift work, are
required to work on a'holiday, they shall receive, in addition to the paid holiday, compensation
equivalent to one and ne-half times their regular rate of pay for the time actually worked during
a regularly scheduled 'oliday.
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6. In oi~jder 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 ho~iday and the regularly scheduled workday immediately following the day
observed as the holilHay.
ARTICLE 8. 'V ACATION
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 ess than 15 yrs. service 10 hrs/mo (15 days/yr)
15 or nore years service 13-1/3 hrs/mo (20 days/yr)
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(b) Part-time unit employees shall accrue paid vacation in proportion to the
average or normal h urs worked as a part-time employee.
7. For v 'cation accrual the last day of the month shall be considered the ending of
the accrual period an I 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.
8. Paid vcations shall continue to accrue in accordance with the above provisions
during any period of 1 ave with pay.
9. All vacations shall be scheduled and taken in accordance with the best interest of
the District and the de ~artment in which the employee is employed.
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10. The aximum amount of vacation that may be taken at any given time shall be
that amount that ha accrued to the employee concerned. The minimum amount of vacation that
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may be taken at any given time shall be one hour.
11. A un t employee shall be eligible to take any accrued vacation after completion of
the probationary peli~ od.
12. Each unit employee shall have one (1) hour deducted from his/her accrued
vacation time for ea h hour of vacation taken.
13. The r1taximum vacation that may be accrued shall not be more than one and one-
half (1-1/2) times th(11, 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 the General Manager, at his/her sole discretion.
14. Upon I:ermination, a unit employee shall be compensated in cash at his/her current
rate of pay for any vacation accrued but not taken.
15. In the C event that any recognized holiday occurs during a unit employee's
vacation, the holiday I 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 employe is regularly scheduled to work.
16. In the event that a regularly scheduled pay day falls during the time of an
approved vacation, the District, upon written direction, will either mail the check to a designated
address or deposit th ~l check in the local bank, savings and loan institution or credit union
designated by the emp~oyee. In the event of no written direction, the District will hold the check
until the employee reh ms to work.
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17. For! the term of this MOU only, unit members who have been employed by the
District for more t ian one year may sell to the District up to forty (40) hours of accrued unused
vacation time upo thirty (30) days prior notice, provided that the employee takes a minimum of
one-half the vacation time to which he/she is entitled within the same annual period of the sold
vacation time. 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 u e 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 automat'Ibally terminate upon the expiration of this MOU unless an extension is
expressly agreed to by the District.
ARTICLE 9. I EAVES
Section 9.1 Sick Leave.
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1. Sick leave is provided so that a unit employee will not be seriously handicapped
financially if he/she is unable to work because of illness.
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2. A ur4 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.
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(c) Serious illness of a member of the employee's immediate family which
requires the presem a of the employee for a period not to exceed one half of a years accrual of
sick leave. Immediate family shall be as defined in AB109.
(d) Routine medical or dental appointments for the employee only or illness
of an emergency nat~re within the employee's immediate family. In order to receive sick pay for
the routine medical pr dental appointments, the employee must notify his immediate supervisor
24 hours in advanc; otherwise, sick leave will be denied. Sick leave for routine medical or
dental leave is for th period of the appointment only.
18. In the event that a unit employee is absent on paid sick leave in excess of one day,
or if the District has cause to believe that an employee is misusing sick leave, the District may
require that the employee submit a written statement by a physician licensed by the State of
California certifying) that the employee's or the employee's family member's condition
prevented him/her from performing the duties of his/her position.
19. Unit employees shall accrue annual sick leave with pay in accordance with the
following provisions:
(a) I 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 ho lrs 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).
(c) aid sick leave shall continue to accrue in accordance with the above
provisions during any eriod of leave with pay.
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20. Eac'i unit employee shall have one hour deducted from his/her accrued sick leave
time for each hour of sick leave taken. An employee with a regular workday of eight (8) hours
shall have eight O hours deducted from his/her accrued sick leave time for each regularly
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scheduled working flay that he/she is on paid sick leave.
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21. 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.
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The only sick leave hours that shall be charged against the employee's accrued sick leave shall
be those hours that tt►e employee is regularly scheduled to work.
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22. A u ' it employee who retires (in accordance with the Public Employees'
Retirement System ualifications) shall be paid at the rate of his final salary for 3/8 of his/her
accumulated days of sick leave, if any, at the time of separation from active employment. If the
employee should die J his/her estate shall be entitled to such payment.
Section 9.2 Disabilitv Leave.
1. In siti.6tions where a unit employee has been injured in a non-duty accident and
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his/her disability lea' a exceeds one calendar month or the total of his/her 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/her
merit review dates an anniversary date will be adjusted accordingly.
2. A unit ~~employee injured in the scope and course of his/her employment with the
District may elect to tke as much of his accumulated sick leave, or his/her accumulated vacation
as when added to hisser disability indemnity will result in a payment to him/her of not more
than his/her full salarylor wage.
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Section 9.3 j' Leave of Absence Without Pav.
1. Dep rtment managers may grant a regular 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/she shall prescribe.
2. The eneral Manager may grant a permanent or probationary unit employee leave
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of absence without pay or seniority for a period not to exceed six months. After six months, the
leave of absence ma be extended if authorized by the Board of Directors. No such leave shall
be granted except up~n written request of the employee, setting forth the reason for the request.
Approval shall be ink writing from the General Manager or his/her designee and entirely within
his/her discretion.
3. In situ itions where a unit employee shall request leave without pay for a period in
excess of one calendar month, he/she shall submit to the District any and all actual benefit
premiums for any an all insurance coverage. If the employee chooses not to submit any or all
of these premiums, is/her coverage shall be terminated within the limits prescribed by the
benefit carriers and Neill be reinstated within the limits prescribed by the benefit carrier at the
time of his/her reinstai ement by the District.
4. In the event that leave without pay is granted a unit employee for reasons of
illness or injury, the ~istrict shall continue to pay for any hospitalization and major medical
insurance previously paid for by the District.
5. Upon expiration of a regularly approved leave or within 24 hours' notice to return
to duty, the unit emp oshall be reinstated in the position held at the time the leave was
granted. Failure on thpart of a unit employee on leave to report promptly at its expiration, or
within 48 hours after otice to return to duty, shall be cause for immediate discharge. The
-16-
depositing in the L nited States mail of a first-class postage-paid letter addressed to the unit
employee's last kno wn place of residence shall be reasonable notice.
Section 9.4 Maternity Leave.
Maternity le ve with or without pay shall follow the same procedures as leave granted for
other disabilities proF~ided, however, that an employee who has exhausted all accrued sick leave,
compensatory time a~~d vacation time shall be entitled to an unpaid leave of absence for a total of
four months's leave when combined with sick leave, vacation and compensatory time, provided
that the employee firnishes 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 pregna cy, the last day the unit member may work, and the expected date of return
to work. In no case ill the expectant mother be allowed to work beyond the date specified by
her physician, and n~,~tification must be given to the District thirty (30) days prior to the last
scheduled date of w4.
Section 9.5 Jurv Dutv/Court Testimonv.
A full-time unit employee who is called as a witness in a matter to which he/she is not a
party or required to s~rve as a trial juror shall be entitled to be absent from his/her duties during
the period of such s rvice. During these periods of service, the employee shall receive full
compensation from th~ District if witness fees or juror fees, except mileage reimbursement, are
submitted to the Distri~t.
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 c f business associated with the deceased. Immediate family shall include
-17-
spouse, child, brother, sister, parent, parent-in-law, grandparent, grandchild, son-in-law,
daughter-in-law, stpparent, stepbrother, stepsister, stepchild, or any other relative living in the
same household. ')he General Manager, at his/her sole discretion, may allow the employee to
use up to an additiNnal four (4) days of sick leave for this purpose or use of such leave for
bereavement of non }immediate family members.
Section 9.7 Catastronhic Leave.
On an ad hock basis, the parties will meet for the purpose of providing catastrophic leave
by way of donation of such leave from existing employees to an employee who has a mutually
agreed upon need which cannot otherwise be accommodated.
ARTICLE 10. G IEVANCE PROCEDURE
Section 10.1 !i Purpose.
The purpose Ibf 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 positionIr employment.
~I
Section 10.2 Matters Subiect to the Grievance Procedure.
1. A griel~ance may be filed for the alleged violation of this Memorandum of
Understanding.
1
23. The
existing rules. It
evaluation content.
24
procedure shall not be used to establish new policies or change any
not be used in matters resulting from any form of disciplinary action or
Any
being grieved by a unit employee shall be kept confidential.
-18-
Section 10. Informal Grievance Adiustment.
1. Whenever possible, a unit employee who has a complaint should try to solve the
problem through in~ormal discussion with his/her supervisor without delay. The supervisor shall
make whatever investigation he/she deems necessary and reply within five (5) working days.
Any matters for which he/she does not have authority to make a decision should be brought to
the attention of a hi~her level supervisor who does have the proper authority.
2. If th, unit employee is not satisfied with the decision reached through the
informal discussion,) and/or some other extenuating circumstances exist, he/she may bring the
matter to the attention of the next level of authority. If the employee is still not satisfied with the
decision, he/she may,!, file a formal grievance within fifteen working days of the occurrence of the
event or action giving rise to the grievance.
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 decision reached, he/she may, within fifteen working days of the 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/she deems necessry to allow fair consideration of the situation and shall present a written
reply to the employeei'Iwithin ten working days after receipt of the grievance. A copy of the reply
shall be forwarded to ~he General Manager.
2. If the nit employee is not satisfied with the decision of the Personnel Officer,
he/she may file a written appeal to the General Manager within five working days after having
-19-
l
received the reply of the Personnel Officer. Within ten working days, the General Manager shall
make a written deci lion which shall be final and binding on all parties.
Section 10.51 General Conditions.
1. The ersonnel Officer shall receive and retain copies of all written materials
pertaining to the grievance.
2. A un employee may represent himself/herself or select whomever he/she desires
to represent him/her n the grievance procedure.
3. If a u it employee fails to proceed with a grievance within any of the time limits
specified in the sect 11 n, the grievance shall be deemed settled on the basis of the last decision
reached.
4. Any of the time limits specified in this section may be extended when mutually
agreed upon by all p ies concerned.
5. Either the grievant, or the Personnel Officer or General Manager, may request a
~I
meeting to review theagrievance prior to a decision.
6. When lit is necessary for a grievant or designated representative to attend a
grievance meeting orlhearing with management during the work day, he/she will be released
without loss of pay i .I order to permit participation in the foregoing activities provided advance
I
arrangements are mad with the employee's department head.
ARTICLE 11. EMPLOYEE DISCIPLINE
Section 11.11 Forms of Discipline.
q
The tenure of very unit employee who has passed probation shall be conditioned by
good behavior and sat; sfactory work performance. A unit employee who has passed probation
may be suspended, denoted or dismissed for reasonable cause.
-20-
Section 11. Procedure.
1. Wh rn 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 departriient manager for action by the Personnel Officer.
2. The {Personnel Officer shall provide such a unit employee with written notice of
the proposed actior.the date it will be effective, the charge(s) on which the proposal is based,
and relevant writter materials, written reports and documents, and notification that the employee
is entitled to respon to the charges as provided below.
3. Prior to the effective date of the proposed action, such a unit employee shall have
the right to file withlthe Personnel Officer a written response to the charges or request the right to
make an oral resp rise. 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 tl e employee a further oral presentation. Failure of the employee to make a
written response or request an oral presentation shall constitute waiver of this provision and
P
waiver of any right ro appeal as provided in Section 11.2. The employee shall be entitled to be
represented by co~,nsel or other person of his choosing during the course of the above
proceedings.
4. The 1'bersonnel Officer shall provide written notice of his final determination to
such a unit employee:. If the Personnel Officer determines that the employee should be reinstated
or the period of sus ension shortened, the Personnel Officer shall order payment of appropriate
back pay.
-21-
Section 11.:4 ADneal of Disciplinarv Action.
1. Whr formal disciplinary action has been taken by the Personnel Officer pursuant
to Section 11.2 and ithe unit employee who has received a written notification of the action, if the
employee has previously made response to the charges to the Personnel Officer, the employee
shall have the righ(to appeal provided that the employee has passed probation. Appeal shall not
suspend the effect ve date of the discipline. Failure to appeal by the employee or his/her
representative will Take the action by the Personnel Officer final and conclusive.
2. Subj ~ct to paragraph 11.3.1, such a unit employee who has been disciplined,
within 15 days aft(rr 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 thI charges and requesting a hearing thereon.
3. In the case of suspensions of less than ten 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 members. The report of the two
members shall be submitted to the full Board and shall include a summary of the facts supporting
their recommendaticln that the discipline be sustained, modified, or rejected.
(a) In the case of a disciplinary action other than set forth in paragraph 11.3.3,
the Board of Direct )rs 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
detennination of thif truth, and the hearing officer shall not be bound by technical rules of
evidence. Decisions imade shall not be invalidated by any informality in the proceedings.
-22-
(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) I Each side will be permitted an opening statement and closing argument.
The Personnel Offi,er or his/her representative shall first present his/her witnesses and evidence
to sustain the cha4s, and the unit employee will then present his/her witnesses and evidence in
defense.
(e) Each side will be allowed to examine and cross-examine witnesses.
(f) Both the Personnel Officer and the unit employee may be represented by
legal counsel.
(g) The hearing officer shall, if requested by either party, subpoena witnesses
and/or require prodtption of other records or material evidence.
(h) The hearing officer may, prior to or during a hearing, grant a continuance
for any reason he/shbelieves to be important to his/her reaching a fair and proper decision.
(i) The hearing officer shall prepare a recommended decision and forward it
to the Board of Dii,~ectors no later than 30 days after the matter of appeal was taken under
submission by the h~aring officer. The recommended decision shall set forth which charges, if
any, the hearing offier feels are sustained and the reasons therefor.
0) Such an employee or his/she representative may obtain a copy of the
transcript of the heating upon request and agreement to pay for necessary costs.
4. After i'; eceiving the recommendation of the committee of the two members or the
j
hearing officer, the B'Dard of Directors may sustain or reject any or all of the charges filed against
-23-
the unit employee.) if the Board of Directors sustains the employee, the Board may order all or
part of the employ"e's full compensation from the time of dismissal or suspension be paid.
i
5. Suc a unit employee who has been suspended or dismissed may be reinstated to
his/her position a a result of a successful appeal. In the event of such reinstatement, the
employee shall be ~ ntitled to his/her former status of employment.
6. Dismissal of a unit employee from the District service shall, unless otherwise
ordered:
(a) III Constitute a dismissal as of the same date from all positions which the unit
employee may holdin 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
and unused paid tirr~'I off to his/her credit as of the date of dismissal.
ARTICLE 12. J IQ B POSTING
All openingEli for employment positions in the District shall be posted for at least two (2)
weeks prior to the doadline for submission of applications.
ARTICLE 13. MISCELLANEOUS BENEFITS
Section 13.1 Safety Boot Allowance.
Unit employes including those assigned to Engineering who are required to wear work
boots in the perforrbhance of their job, as determined by the Department Manager, shall be
eligible for District-, 'urchased boots in an amount not to exceed $150.00, provided that the boots
are from a list pre- I'approved by the General Manager or his/her designee. The difference
between $150.00 anc the amount actually used may be carried over for one year and combined
with a subsequent allocation for boot reimbursement.
-24-
Section 13." Reimbursement for Certificates.
I
The Distri,t shall reimburse unit employees for sums paid to the appropriate state
agencies for obtairy'~ng or renewing of production or distribution certificates.
Section 13.~ Education Reimbursement..
The Distrigllt 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 r' a not to exceed standard resident fees as charged by the California State
I!
University. Cours l• 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 equest on a form provided by the District. Employee shall be responsible for
any tax consequences as a result of education reimbursement.
Section 13.4 Uniforms.
The field ur~~iforms provided employees may include shorts which may only be worn in
accordance with Ditrict established safety guidelines. During the summer months, the provided
field uniforms may "nclude T-shirts.
ARTICLE 14. RUG POLICY
In addition t~ any other District adopted drug policy, effective January 1, 1996, the Yorba
Linda Water Distrjlct 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 (FH A). 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 col tinue to administer the District's Drug Free Workplace policy, adopted in
III
i
-25-
1
1993. Specific procedures for administering the Department of Transportation regulations are
contained in the Djstrict's Administrative Checkpoints (ABC's). Each employee will be given a
copy of these procedures and sign a statement attesting to having received and read them.
Compliance with this policy is a condition of employment.
ARTICLE 15. COMPLETION OF MEET AND CONFER
L
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 by their mt,Jtual consent with respect to any subject or matter, whether referred to or
covered by this M U or not, even though each subject or matter may not have been within the
~I
knowledge or contemplation of either or both the District or the Association at the time they met
and conferred or a ecuted this MOU, even though subject or matters were proposed and later
withdrawn. The patties further understand that all rights not clearly and expressly limited by this
MOU are expressly reserved to the District, even though not enumerated. The express
provisions of this 1\1I,iOU constitute the only limitations upon the District's rights to determine,
implement, supplement, change, modify, or discontinue in whole or in part any term or condition
of employment or #dopt 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 employer, rights, opportunities and benefits except for the requirement to meet and
confer with regard td such changes, alterations, modifications or exercise of such reserve power,
which right has been expressly waived by the Association.
-26-
ARTICLE 16. (CONCERTED ACTIVITIES
1. Apal; 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 il~ concert with any of them, shall incite, engage or participate in any strike,
i
walkout, slowdown, sick-out or other work stoppage of any nature against the District
I
whatsoever or whensoever located, including, but not limited to disputes which are related to the
subject matter contdined in this MOU; disputes between the District and any other organization,
persons or employea s; or jurisdictional disputes. In the event of any strike, walkout, slowdown,
sick-out or other w rk stoppage or threat thereof against the District, the Association and its
officers will take all :teps reasonably within their control to end or avert the same.
i
2. Thos represented by the Association shall not authorize, engage in, encourage,
sanction, recognize ~,~r 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
i
refuse to perform dully assigned services in violation of this provision. It is understood that any
person represented Vy the Association found in violation of this provision will be subject to
discipline, including germination, as determined appropriate by the District.
ARTICLE 17. T1RM OF AGREEMENT
This agreeme 7t shall remain in force and effect from date of adoption by resolution of the
governing board of the District until June 30, 2006.
ARTICLE 18. DI~'TRICT GOVERNING BOARD APPROVAL
It is the under standing 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
-27-
District. Followin,; approval of the governing board, the District shall implement the terms of
this MOU by apprc priate resolution or other means.
IN WITNESS WHEREOF, the parties hereto have executed this MOU this I" day of
September, 2005.
YORBA LINDA WATER DISTRICT
EMPLOYEE'S ASSOCIATION
By:
Sandi Van Etten
By:
Meaina
P, .
By:
'-'LindA B.--Ta-tti
YORBA LIND WATER
By: _ Michael A. Payne, General `eager
-28-
Exhibit "B"
Resolution 05-07
PAY PLAN
Bargaining Unit Employees
Effective July 1. 2005 thru June 30 2006
(Range 10, Step1 =$12.1935/hr*2080/12)
Ranee
Step 1
Sten 2
Step 3
Steo 4
Step 5
Classification
1
$1,404
$1,474
$1,547
$1,625
$1,706
(Temporary Help)
2
$1,474
$1,547
$1,625
$1,706
$1,791
(Temporary Help)
3
$1,547
$1,625
$1,706
$1,791
$1,881
(Temporary Help)
4
$1,625
$1,706
$1,791
$1,881
$1,975
(Temporary Help)
5
$1,706
$1,791
$1,881
$1,975
$2,074
(Temporary Help)
6
$1,791
$1,881
$1,975
$2,074
$2,177
(Temporary Help)
7
$1,881
$1,975
$2,074
$2,177
$2,286
(Temporary Help)
8
$1,975
$2,074
$2,177
$2,286
$2,401
(Temporary Help)
9
$2,074
$2,177
$2,286
$2,401
$2,521
(Temporary Help)
10
$2,177
$2,286
$2,401
$2,521
$2,647
(Temporary Help)
11
$2,286
$2,401
$2,521
$2,647
$2,779
(Temoorarv Help)
12
52.401
$2.521
$2.647
$2.779
$2.918
13
2.521
2.647
2;729
2.918::
1.064
Customer Service Representative I
14
II, $2;647
12.779
I X2.918
1 $3.064
1 $3;217
Meter Reader I
15
$2,779
$2,91$
$3,064
$3,217
$3,378
Accounting Assistant I
Customer Service Representative II
16
$2,918
$3,064
$3,217
$3,378
$3,547
Maintenance Worker I
17
'P' $3,064
$3,217
$3,378
18
1 $3,217
$3,378
$3,547
19' x;$3,378
$3,547
_ $3,724
20 ' $3.547 1
$3.724
3.910
21 $3,724
$3,910.
$4,106
22 $3,910
23 106
24 $4,311
$4,106 $4,311
$4.311 $4.527
$4,527 $4,753
25
$4:527'
$4.753- f
26
I $4,753 1
$4,991 I
27
I $4.991 I
$4,991 i
$5.240
$5.240 I $5.502 I
Meter Reader II
$3;547
. $3;724"
Mechanic"I
Plant Operator 1
Secretary
$3,724
$3,910
Customer Service Representative III
Engineering Technician I
Meter Services Technician
.$3,910
$4,106
M6riteriance Worker 4
1 $4.106
1 $4.311
Facilities Maintenance
$4,311
$4,527
Accounting Assistant 11 '
Mechanic It
Plant Operator LI
$4,527
$4,753
Engineering Technician II
Information Systems Technician I
Maintenance Worker III
Water Quality Technician
4.753
4:991
Meter Services Reoresentative
$4,991
$5,240
Construction Inspector
Senior Informations Systems Tech
Senior Mechanic
Senior Plant Operator
$5.240
1 $5;502
IlMaintenance°Lead Worker
$5.502
1 $5,777
IlProiect Eneineer
$5.777
1 $6.066
11
WL
w
YORBA LINDA October 18, 2005
WATER
DISTRICT
DIRECTORS Ms. Sandi Van Etten
President
Paul R. Armstrong Yorba Linda Water District Employees Association
Michael J. Beverage RE: Health Insurance Benefits for Dependents
Ric E Collett
William R. Mills Dear Sandi:
John W. Summerfield
This letter will confirm the mutual understanding and agreement of the
parties that for the period of July 1 through December 31, 2005, the
GENERAL MANAGER District will continue to pick up the total increased cost of medical benefits
for calendar year 2005 over calendar year 2004. It is further understood
Michael A. Payne and agreed that effective January 1, 2006, the allocation of medical
benefit costs and cost increases for 2005 and 2006 will be as set forth in
the Memorandum of Understanding.
Sincerel-t,
Michael A. Payne
General Manager
4622 Plumosa Drive
P.O. Box 309
Yorba Linda, CA 92885
Tel: (714) 777-9593
Fax: (714) 701-0413
Email: ylwd@ylwd.com
Web: www.ylwd.com