1996-0416_CVWD GENERAL EMPLOYEES_Memorandum of Understanding1995-96 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT
AND THE
CAPISTRANO VALLEY WATER DISTRICT GENERAL EMPLOYEES
SECTION 1. AGREEMENT
This agreement is entered into by the parties on behalf of the Capistrano Valley Water District
(District) and the Capistrano Valley Water District General Employees (General Employees) in
accordance with the provisions of Section 3500-32510 Meyers-Milias, Brown Act. All
provisions of this agreement are effective upon adoption of this agreement by the District
Board of Directors unless otherwise specified.
SECTION 2. RECOGNITION
The District recognizes the General Employees as the "recognized employee organization" for
all employees within the unit of representation, consisting of regular full-time and part-time
employees in the following classifications: -
Accounting Clerk, Accounting Technician, Assistant Engineer, Construction Inspector,
Customer Service Representative, Conservation Coordinator, Engineering Technician,
Mechanic, Meter Reader, Water Distribution Supervisor, Water Production Supervisor, Water
Quality Technician, Water Technician I, Water Technician II, Water Technician III, and any
temporary employees on the District's payroll.
SECTIONS. RULES AND REGULATIONS
The personnel rules and regulations that govem wages, benefits, work conditions, standards of
performance and conduct are contained in the Employee Handbook dated April 1995. This
handbook replaces and supersedes all previous versions and previous MOUs. Changes agreed
upon in this MOU through negotiations are to be incorporated with revised pages in the
Employee Handbook.
SECTION 4. SALARY AND BENEFITS
There is no changes to the Salary Ranges for the 1995-96 fiscal year.
SECTION 5. INSURANCE
The District agrees to contmue the payment of health insurance premiums for General
Employees and their eligible dependents. The rate to be paid by the District is capped at the
prevailing HMO rate for the coverage in place on August 1, 1995. The District agrees to
continue the Dental and Vision insurance for General Employees and their eligible dependents.
The rate for Dental and Vision Insurance will be capped at the August 1, 1995 rates.
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1995-96 Memorandum of Understanding
General Employees
The District will add a feature to the health insurance plan to permit an employee who is
eligible for dependent coverage to "opt out" of the plan for the dependents so long as they are
covered elsewhere and receive an incentive payment of $130 a month. Re-insurance of
dependents will be govemed by the policy in effect but, at a minimum, will require proof of
insurance.
SECTION 6. OTHER CHANGES
A. Permanent Part time employees will accrue vacation hours
(Section 303) and holiday hours (Section 302) on a pro-rated basis based on the total hours
worked in the preceding calendar quarter compared to total hours of a full time employee.
B. Section 506 will be amended to add a paid recuperation period,
without loss of pay, when an employee works more than 16 hours in a workday, when the
next day is a regularly scheduled work day. Such rest period will be granted at the beginnmg
of the next day's regular shift, on an hour for hour basis. If such rest period is impractical to
schedule, comp time will be granted on an hour-per-hour basis. Special circumstances resulting
in a lack of rest, affecting safety, may be reviewed by the General Manager.
C. Section 510 will be changed to clarify that overtime meal periods
taken away from the job site are unpaid time.
D. Section 506 will be amended to the "workday" as a 24-hour
period from the starting time of the regular shift.
E. The second sentence in Section 509 (B) will be deleted related to
overtime at double time.
F. Section 509 will be amended to clarify that all work time withm a
2-hour minimum call back is to be considered a part of the initial call back; work beyond the 2
hours continues at overtime. A gap in time between the first 2-hour call back and a new call
back is required to trigger a new 2-hour minimum.
G. Section 509 will be added that compensates the Distribution
Supervisor and Production Supervisor for after-hour calls made to them, to seek advise or
directions. Calls simply for information will not be compensated. Overtime pay of one-half
hour will be eamed for each such call. Subsequent calls within the same half hour of paid
time will not be further compensated.
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1995-96 Memorandum of Understanding
General Employees
SECTION 7, DISTRIBUTION OF RETIREMENT TRUST FUND
It is agreed that the Unallocated Fund Balance (UFB), held by the Orange County Employees
Retirement System for the exclusive use of retirees of the District in the amount of approx.
$57,000, will be administered by OCERS m accordance with the MOU Agreement, attached as
Exhibit A. The basic criteria for eligibility and disbursement levels are; 1) monthly benefits
will be based on $5 per year of service, 2) previous and future retirees receiving retirement
benefits from OCERS are eligible, 3) benefits will last only until the UFB is exhausted.
SECTION 8. TERM
The term of this agreement runs through June 30, 1996.
SECTION 9. FAMILY LEAVE
Replace the current Section 601- Medical Leave and Section 603 - Maternity-Related Absences
with:
Section 601 - Medical and Family Leave
The District will comply with the Family and Medical Leave Act by providing up to 12
weeks of leave for the care of a newbom or newly adopted child, or for personal or
family illness, with the guarantee of their regular or an equivalent job upon retum to
work. To be eligible, employees must be employed for at least 12 months and have
provided 1,250 hours of service during the 12 months before the leave is requested. An
employee must first use any accumulated sick leave and vacation time when takmg a
Medical or Family Leave. The balance of the time after the employee uses all sick
leave and vacation time will be unpaid. The total amount of this leave can only be 12
weeks. A Leave of Absence Form must be completed and approved in advance. If this
mitial period of absence proves msufficient, consideration will be given to a written
request for a single extension of no more than sixty (60) calendar days.
Subject to the terms, conditions, and limitations of the applicable plans, the District will
continue to provide health insurance benefits until the end of the month in which the
approved family leave becomes an unpaid leave. At that time, the employee will
become responsible for the full costs of their health insurance benefits if the employee
wishes coverage to continue. The employer will resume payment of the costs of these
benefits when the employee returns to active employment.
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1995-96 Memorandum of Understanding
General Employees
Benefit accruals (e.g., vacation, sick leave, holiday benefits) will be suspended during
the leave when the leave becomes unpaid leave, and benefit accrual will resume upon
retum to active employment.
Employees retuming from medical leave are required to provide a physician's
verification of the employee's fitness to retum to work. Employees who sustain a
work-related injury will be eligible for a medical leave of absence for the period of
disability m accordance with all applicable laws covering occupational disability.
If an employee fails to report to work promptly at the end of the approved leave
period, the employer will assume that the employee has resigned.
SECTION 10. SEPARABILITY
The provisions contained in this agreement have been bargained for and agreed to
independently, and no particular clause, condition, or agreement is contmgent or dependent
upon any other, therefore, should any such clause, condition, or agreement be held to be void
or unenforceable, the remainder of the terms and conditions of this agreement shall remain in
full force and effect.
THIS AGREEMENT entered in this 16th day of April 1996.
CAPISTRANO VALLEY WATER DISTRICT CAPISTRANO VALLEY WATER
Orange County Employees Association
Attachment - Exhibit A
P;\ADl^lIN\95GENMOU
4
T
Capistrano ^Valley* Water T)istrict
June 12, 1995
Mr. Rich Brown SENT VIA FAX A3ND MAIL
Orange County Employees Association
830 N. Ross Street
Santa Ana, California 92701
SUBJECT: Items for 1995/96 Employees Memorandum of Understanding
Dear Rich:
In order to get started earlier on negotiations this year and to bring a bit more structure to
the meetings, I have developed the following list of items the District would like to see changed
or added to our Agreement (Employee Handbook). We would like to meet as soon as possible;
please let me know a date that's good for you.
1. Discuss adding Holiday and Vacation pay for permanent part-time employees at a
prorated rate based on hours worked.
2. Remove Lincoln's Birthday from the Holiday list and add an additional 8 hours to the
Floating Holiday bringing it to 18 hours a year. These 18 hours would be accrued at the
rate of .69 hours per pay period.
3. We would like to discuss the issue of dealing with employees who work all night and need
a rest period that extends into the next working day.
4. We want to clarify how and when employees are entitled to the cost of a meal, and clarify
that the meal period during Overtime is unpaid time unless the meal is taken on the job site
and work is not interrupted.
5. We want to change the Appeals Process to exchange the Board of Directors for a panel
made up of 3 of the 5 Water Advisory Commission members.
6. We feel the 44/36-hour Flex Time now granted may not be as productive as a 5/8-hour
days per week. The current schedule is also causing more overtime costs. We would like
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P.O. Box %7, San Juan Capistrano, California 92693 Phone 714-493-1515
32450 Pasco Adelanto • San Juan Capistrano, California 92675
FAX 714-493-3955
Mr. Rich Brown June 12, 1995
your thoughts on this issue.
7. We plan to review the eflSciency of the current work hours for the Field group. The
current hours results in extra costs to respond to issues after either 3:00 PM or 4:00 PM
each day. We have the prerogative to change hours without negotiations, but want to
offer a chance for your input.
8. We feel certification is important and eventually required. We would like to slowly
expand AWWA Water Distribution and/or DOHS Water Treatment certifications to
various applicable job requirements.
9. Change Rule No. 509 (Standby/Call-Out) so that work performed within a 2-hour
minimum call back does not trigger a second 2-hour minimum. This is a costly item and
results in time being paid at triple time plus.
10. Clarify the definition of Workday particularly as it pertains to Overtime.
11. Change Rule No. 506 (Overtime) so that Overtime is based on hours worked in a week,
not hours paid, except for listed Holiday hours. In other words, exclude Vacation and
Sick Leave hours when determining if Overtime is payable for working on a day off.
12. In order to add an element of cost control to our insurance program, require employees to
pay for a part of dependent coverage at $50 per month for I dependent and $100 per
month for 2 or more dependents. Since this amount was included in "Total
Compensation", the net cost savings would be added equally to all our salary ranges upon
this conversion at the average savings.
13. Clarify Rule No. 509 (Standby/Call-Out) as it relates to 2x Overtime while on Standby
Duty.
14. Change Rule No. 303 (Holidays) to add Holiday hours for a Friday off to Floating
Holiday, not Vacation hours.
15. Revise Long Term Disability insurance to eliminate the offset for Sick Leave if used to
make up full compensation. This will be an advantage to our employees.
16. Revise the method for withholding the Employee Contribution to OCERS to a pre-tax
basis. This will also be an advantage to our employees.
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Mr. Rich Brown June 12, 1995
17. Establish a rule regarding the distance or time to respond to an emergency in order to be
eligible for Standby Duty and/or take a vehicle home for quick response to emergencies.
18. Clarify that involvement in the Employees Association duties is not to be performed
during working hours without supervisor's prior approval.
19. Clarify how and when followup Performance Appraisals and Evaluations are made.
20. Clarify whether the 120-day Medical Leave applies to calendar year or fiscal year or an
employee's years of service.
21. Change the language in our Employees Handbook regarding Family Leave so that it
complies with the California Family Rights Act and the Federal Family and Medical Leave
Act.
I look forward to discussing these items with you in the near future.
Yours very truly.
Ray Auerbach ^
General Manager
RAA/gs
M:\PERSONNE\96EHREV
cc: T. Jay LaMothe, Employees Association Representative
George Scarborough, City Manager
Mike Smith, Employees Association Representative
Jim Widner, Administrative Services Manager
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Capistrano Galley" ^^W&ter ^District
TRANSMITTAL LETTER
To: PC Employees Association
830 N. Ross St.
Santa Ana, CA 92701
Subject:
File No.
Attention:
Date:
1995/96 MOU
51.014
Mr. Richard Brown
4/17/96
WE ARE TRANSMITTING:
VIA
Messenger
Express
Pickup
Mail
Other
THE FOLLOWING
_X Agreement
Correspondence
Report
Specifications
Plans
Other
X
FOR YOUR
Approval
Use
Distribution
Review ic Comment
Information/File
Other
Description: Sncloaed is a copv of the fully-executed Memorandum
jt linderstaudiuK xor CVWU'a Benerai Liuployeea for
Fiscal Year 1995/96. It was unanimously approved at
last night's Board meeting.
Remarks:
By: Copies To:
P.O. Box 967. San Juan Capistrano, California 92693
Phone 714-493-1515 FAX 714-493-3955
32450 Phseo Adelanto • San Juan Capistrano. California 92675