Loading...
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. 1 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. 2 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. 3 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 1 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. 2 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 3 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