1996-1203_CVWD MANAGEMENT EMPLOYEES_Memorandum of Understanding 1996-97 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT
AND THE
CAPISTRANO VALLEY WATER DISTRICT
MANAGEMENT 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 Management Employees (Management 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 Management employees as the "recognized employee organization" for all
employees within the unit of representation, consisting of regular, full-time employees in the following
classifications: Accounting Officer, Administrative Services Manager, District Engineer, Field
Superintendent and Executive Secretary/Clerk of the Board
SECTION 3. RULES AND REGULATIONS
The personnel rules and regulations that govern wages, benefits, work conditions, standards of
performance and conduct are contained in the Employee Handbook dated June 1996. 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 Landbook.
SECTION 4. SALARY AND BENEFITS
Increase each Salary Range in the bargaining unit by 3,0% effective July 1,1996.
SECTION 5, INSURANCE
The District agrees to continue the payment of health insurance premiums for Management employees
and their eligible dependents. The rate to be paid by the District is capped at the prevailing ISMO rate
for the coverage in place on August 1, 1996. The District agrees to continue the Dental and Vision
insurance for Management employees and their eligible dependents. The rate for Dental and Vision
Insurance will be capped at the August 1, 1996 rates.
SECTION b. DISTRICT/CITY MERGER.
'rhe proposed merger of the District with the City of San Tuan Capistrano, scheduled for July 1,
1997 will require the incorporation of the District's Rule and Regulations into the City's.
Generally the direction of the Board of Directors is that District employees will be converted to
1996-97 Memorandum of Understanding
Management Employees
City employees, with credit for seniority, all earned benefits will be transferred, and retain their
accrual rate for benefits as if all years of service were at the City. The District and the
Management employees agree to begin meeting in March 1997 to address other issues of the
merger and the impacts on the Rules and Regulations with the intent of resolving these issues
prior to the effective date of the merger.
SECTION 7, TERM
The term of this agreement runs through June 30, 1997.
SECTION 8. SEPARABILITY
The provisions contained in this agreement have been bargained for and agreed to independently,
and no particular clause, condition, or agreement is contingent 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 third day of December
1996.
CAPISTRANO VALLEY WATER DISTRICT CAPISTRANO VALLEY WATER
MANAGEMENT EMPLOYEES :DISTRICT
'�Z/
Rfi6ert W. Clary, District Engineer Ray A. Auerbach, General Manager
Co rad . David, Accounting Officer
Georg'Ann Scott, Executive Secretary/Clerk of
the Boar
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Ru en Vasquez, Field S 46dent
iJa s R. Widner, Administrative Services
anager
11:\ADMIN�96MGNMou.nac
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AGENDA ITEM December 3, 1996
TO: Honorable Board of Directors
FROM: Ray A. Auerbach, General Manager APPROVED
SUBJECT: 1996-97 Memoranda of Understanding with District's General and
Management Employees
SITUATION
The District has been negotiating with both the General and Management employees
for several months in order to complete a Memorandum of Understanding (MOU)
regarding salaries, benefits and work rules for the 1996-97 fiscal year. The progress
has been delayed by the illness of the Orange County Employees Association
representative for the General Employees. The other issue that has created
considerable concern among the District's employees is the pending merger of the
District and City.
Although final documents are not available at this time, the issues to be contained in
the MOU are listed below:
1 . District will provide a 3% salary increase to all employees effective July 1, 1996
(same as City MOU).
2. All District employees will be credited with their years of service with the District
for accruing benefits when they become a City employee.
3. The District and the employees agree to meet starting in March 1997 to resolve
the differences between City and District, salary schedules, benefits and work
rules.
4. District"s General Employees with over 10 years of service will accrue vacation at
the rate of 16.4 hours per year to conform with vacation accrual rates of District
Management and City employees.
I will be meeting with the employee groups once more prior to the December 3 Board
meeting. Hopefully, the MOUs will be finalized and available for approval at the
meeting. It is not absolutely necessary that the MOUS be approved on December 3,
but it will allow us sufficient time to make retroactive pay adjustments to th
employees prior to the Christmas holidays.
FINANCIAL CONSIDERATIONS
The only significant cost as a result of the proposed MOUs would be the 3% salary
increase. This amounts to approximately $44,000 for the 1996197 fiscal year. It is
our practice not to budget for these potential salary increases, but funds to cover this
item are available in our Operating Fund.
AGENDA ITEM December 3, 1996
1996-97 FY MOUS
RECOMMENDATION
A recommendation will be presented at the Board meeting of December 3.
Respectfully submitted,
<,rRay A. Auerbach
General Manager \AGND197MOUS
z
OUTLINE OF KEY ISSUES CONCERNING
WATER DISTRICT FIELD EMPLOYEES
Fiscal Years 1985-86 to 1997-98
FISCAL
YEAR COLA% ADDED BENEFITS
1985-86 4.9% Retired employees could now keep Medical&Dental insurance if
they pay premium.
1.986-87 0% Upgrade Pay Differential -- An employee temporarily assigned the
duties of a higher classification will be paid a differential of 5%
above his/her current salary, or the lowest pay rate of the other
classification, whichever is greater. Such temporary assignments
must be approved by the GM, and shall not be eligible for pay
differential unless the temporary assignment is required for a full
working day (8 hours) or longer.
1.987-88 4% Standby or Call Time procedures amended -- A) Standby
employee will be compensated at the employee's standard rate of
pay for two (2) hours each day the employee is on standby.
Standby week consists of 7 days.
B) Overtime worked during standby gets overtime rate of 1.5 times
the employee's standard rate (includes inspection of facilities
performed on weekends, and each time employee is called on to
inspect, adjust or repair facilities.
C) Standby begins at the employee's normal quitting time on
Fridays, and ends at the normal starting time the following Friday
AM.
Compensation for Emergency Overtime Meals -- Provides meals to
employees who are called back to work for emergency overtime
within 2 hours of their normal quitting time, or within 2 hours of
their normal starting time. This includes meals to employees who
work more than 4 hours continuous emergency overtime.
1988-89 4% Revised District's Holidays by adding Christmas Eve and deleting
Admissions Day,
Vacation Accrual amended as follows: 0-3 years, 80 hours; 4-7
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Outline of Key Issues Concerning
Water District Field Employees
Fiscal Years 1985-86 to 1997-98
years, 132 hours; 8-10 years, 148 hours; more than 10 years, 160
hours.
Classification & Compensation Study with City will be conducted
of the entire organization.
Performance Pay Plan for General Employees provides $1000 cash
award to employees who demonstrate outstanding services to the
District during the fiscal year. This plan is similar to the Classified
Employee Performance Pay Plan at the City.
1989-90 6% Water Charge --District will no longer provide water at no charge
to employees living within the District's service area.
Sick Leave --Upon termination, retirement, or death, an employee
or the employee's estate, shall be paid for a portion of the
employee's unused sick leave in an amount computed as follows: 2
years of service but less than 5, 50%; 1.5 years but less than 20,
75%; 20 or more, 100%. Also, once annually, during the month of
December, at the employee's option, the District will make a cash
payment for a portion of the employee's unused sick leave in excess
of 396 hours, in an amount computed as provided above.
1.990-91 5% Sick Leave Benefits -- Allowing eligible employees to utilize a
maximum of 96 hours per year of accumulated sick leave with pay
in the event of. 1) employee's presence is required elsewhere
because of family medical and dental appointments, serious illness,
disability or death of a member of the employee's immediate family;
2) official order to appear in court as a litigant or as a witness; and
3) accident or emergency involving employee or immediate family.
Automobile Allowance/Mileage Reimbursement -- Increases
mileage reimbursement from 21 cents to 26 cents per mile on
District business.
Wellness Program-- Allocates $300 to each employee per year
which may be used for the following wellness-related activities:
health club memberships, exercise or other stress-reducing classes,
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Outline of Key Issues Concerning
Water District Field Employees
Fiscal Years 1985-86 to 1997-98
annual physical examination not covered by medical insurance,
weight loss or smoking clinics, personal exercise equipment.
Modified Work Schedule -- Allowing employees to work the 44136
flex schedule.
Vacation -- Allows employee to transfer into the employee's
Deferred Compensation Plan account vacation hours accrued in
excess of 80 hours provided the employee has used at least 40
vacation hours during the last completed calendar year.
All general employees with 4 or more years of service to the
District as of December 1 will receive a one-time yearly payment
equal to 0.4% of their individual base salary.
1991-92 5% Work Boot Reimbursement --District will provide CAL/OSHA
certified work boots and replace on an as needed basis (once a
year); or District will reimburse employee for the cost of the boot
up to a max of$100.
Mileage Reimbursement -- Change to $0.275 per mile in
accordance with IRS standards.
1992-93 Zero Modifications to the Performance Pay Plan and Wellness Benefit
are adopted.
Only general employees retain Lincoln's Birthday as a holiday.
1993-94 2.5% Performance Pay Plan is eliminated.
Bilingual Pay Benefit of$65 per month effective 1/1/94.
Requirements for Water Technician II are established in job
description (requirements for a WT I to become eligible to become
a WT TI).
1994-95 Zero Elimination of the Wellness Benefit of$300 per month to general
employees. Adjustments to salaries of general employees so that
total compensation for these employees approaches the median
total compensation of the surveyed agencies from the Ralph
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Outline of Key Issues Concerning
Water District Field Employees
Fiscal Years 1985-86 to 1997-98
Andersen & Associates Classification and Compensation Study.
1995-96 Zero Mileage reimbursement increased to $0.30 per mile.
Feature added to health insurance plan permits an employee who is
eligible for dependent coverage to "opt out" of the District's plan
(as long as they are covered elsewhere) and receive an incentive
payment of$130 per month.
CHANGES TO THE EMPLOYEE HANDBOOK.:
A. Section 506 was amended to add a paid recuperation period,
without loss of pay, when an employee works more than 16 hours
in a workday. Such rest period will be granted at the beginning of
the next day's regular shift on a hour-for-hour basis. If such rest
period is impractical to schedule, comp time will be granted on an
hour-per-hour basis. Such circumstances resulting in a lack of rest,
affecting safety, may be reviewed by the GM. In addition, the
"workday" was amended as a 24-hour period from the starting time
of the regular shift.
B. Section 510 was changed to clarify that overtime meal periods
taken away from the job site are unpaid time.
C. Section 509 was amended to clarify that all work time within 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 tali back and a new call back is
required to trigger a new 2-hour minimum.
D. Section 509 was also amended to compensate the Distribution
and Production Supervisors for after-hour calls made to them to
seek advise or direction. Calls simply for information will not be
compensated, Overtime pay of one-half hour will be earned for
each such call. Subsequent calls within the same half hour of paid
time will not be further compensated.
Family Leave was added to comply with the Family and Medical
Leave Act which provides up to 12 weeks of leave for the care of a
newborn or newly adopted child or for personal or family illness,
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Outline of Key Issues Concerning
Water District Field Employees
Fiscal Years 1985-86 to 1997-98
with the guarantee of their regular or an equivalent job upon return
to work.
1996-97 3% Section 302 of the Employees Handbook (Vacation Benefits) was
changed to conform the District's accrual schedule with the current
City Policy as outlined in their 10-1.6-96 MOLT. The change of the
accrual rate from 160 hours to 164 hours after more than 10 years
of service. The higher accrual rate was effective 7-1-96.
District/City Merger, scheduled for July 1, 1997, will require the
incorporation of the District's Rules and Regulations into the City's.
Generally, the direction of the Board is that District employees will
be converted to City employees with credit for seniority, all earned
benefits will be transferred, and retain their accrual rate for benefits
as if all years of service were at the City.
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