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Home My WebLink AboutRESOLUTIONS - 10012002 - 2002-650 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution on October 1 2002, bythe following vote: AYES': Supervisors Uilkema, Desmilnier, Glover and Gioia NOES: None ABSENT: Nme ABSTAIN' Supervisor Gerber*' Resolution No. 2002!_ Subject: Adopt the Memorandum of Understanding with Public Employees Union, Local # 1 ) BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the extension of the Memorandum of Understanding (MOU) [copy attached and included as part of this document} between Contra;Costa County and Public Employees Union,.Local' # 1 - jointly signed by Kathy Ito, Labor Relations Manager, and Rollie Katz, Public Employees Union, Local # I Supervising Business Agent - regarding economic terms and conditions for October 1, 1999 through September 30, 2005 for those classifications represented by that employee organization. *See attached addendum I hereby certify that this is a true and correct copy', of an action taken and entered on the minutes of the Board of Supervisors on the date shows: ATTESTED: October 1, :2002 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By L Deputy Contact:Human Resources Department(Kathylto @ 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Rollie Katz,Local One ADDENDUM TO ITE: D-0 — October 1, 2002 Supervisor Gerber rude the following statement: "Mr. Chairman, on this item,based on my husband's employment,thea may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act,I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda.'tem. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in carder to avoid any appearance of conflict. I am actually going to'leave`the roam while you consider this." MEM01AZANDW of UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PUBLIC EMPLOYEES UNION LOCAL # 1 This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/116:5 and has been jointly prepared by the parties: The Labor Relations 'Manager (County Administrator) is the representative of Contra Costa County in employer - empioyee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding gages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees: This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1 1999 and ending September 30, 2005'. DEFINITIONS Special provisions and restrictions pertaining to Project employees covered by this MOU I are contained in Attachment A which is attached hereto and made a part hereof. DEFINITION Appointing Authority: Department plead `unless -.r.`. �...i, ....��.w ......,..Y.....r. otherwise provided: by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Tule: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class cw Contra Costa County- Dem The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep Classes. LOCAL No. 1 - 2 - 1999-2005 MOU DEFINITIONS DIM, r of.. HOMO!) Rosou The person designated by the County Administrator to sore as. the Assistant County Administrator-Human Resources Director. E q'bl : Any person whose name is on an er plo, m nt or reemployment or layoff list for a given class. Employee A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOCK and whose position is held pending his return. Er , ment dist. A list of persons who have been found qualified for employment in a specific class, Dist: A list of persons who have occupied positions allocated to a Glass in the Merit System and who have been involuntarily separated by layoff or displacement or demoted by displacement., or have voluntarily demoted in lieu of layoff or displacement, ,.or have transferred in lieu of layoff or displacement. Permanent-tnteri#tent Position, Any position which requires the services of an incumbent for an indefinite period, but on an intermittent basis, as needed, paid on an Dourly basis. Permanent Pert-Time Position. Any position which will require the services of an incumbent for an indefinite period, but on a regularly scheduled less than full-tune basis, LOCAL NO. 1 - 3 - 1999-2005 Moo DEFINITIONS Permanent Position: ,any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Project Employe: An employee who is engaged in a time limited program or service by reason of° limited or restricted funding. Such positions are tvDicaliy funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent` employee to another position in a class allocated to a salary range 'for which the top step is higher than the top step of the class which the employee formerly'occupied, except as provided for under Transfer or as otherwise provided for in this MSU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and,: responsibilities calling for the regular full-time, part-time or intermittent employment of a person. ' Reallocation The act of:reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent 5%) of the top step, except as otherwise provided for in the Personnel Management 'Regulations, deep class resolutions or other ordinances. Reclassi kation The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, LOCAL NO. 1 - 4 - '1999-2006 MOU SECTION f - UNION RECOGNITION ION difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons who have occupied positions allocated to any class in the merit system and who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resl.9 ation: The voluntary termination of permanent employment with the County. T_emparar rr Emoloy ent: Any employment in the Merit System which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent' status. Transfer: The change of an employee who has permanent status in a position to another position in the carne class in a different department, or to another position in a class which is allocated to a range on the salary plan that is Within five percent (5%) at top step as the class previously occupied by the employee Union: Local One SECTION 1 - UNIO 1 E OG IT 0N The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Board of supervisors' Resolution 8111155. LOCAL NO. 1 - 5 1999-2005 MoU SECTION 2 - UNION SECURITY Agriculture and Animal Services Unit Attendant-LVN-Aide Unit Building Trades Unit Deputy Public Defenders Unit Engineering Unit Family and Children's Services General Services ar�d Maim .nance Unit Health Services Unit Investigative Unit Library Unit Probation Unit SEC2 [ NMN SE 11 TY 2.1 dues MOMon.' Pursuantto Board of Supervisors' Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee deduction forail employees in its units. A. The Union agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes in the units fornnc �h this section is applicable regardless of whether they are members of the Union B. All employees employed in a representation unit on or atter the effective date of this MOU and continuing until the termination of the MCU, shall as a condition of employment either: LOCAL NY. 1 - 6 . '1999-20 5 MOU SECt6N 2- UNION SECURITY 1 . Become and remain a member of the Union or; 2. Pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly' dues, initiation fees and general assessments made during the duration of this IUIOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do bath of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious abjection to joining or financially supporting any public employee organization as a condition of employment; and b. 'ay a sum equal to the agency shop fee described in Section 2.2.8.2 to a non- religious,, non labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention LOCAL NO. 1 - 7 - 1999-2005 MOU SECTION Z - UNION SECrUR17Y Counciland: Battered women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency scop fees. The Union shall provide a copy of said Hudson procedure to every fee payer covered by this 14 OU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoice the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 22.B.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence' with a 'duration of more than thirty ( ( } days. E. Annually, the Union shall provide the Human Resources Director' with copies of the financial report which the Union annually files with the California Public Employee relations Board. Such report shall be available to employees in the unit. Failure' to dile such a report within sixty ( o) days after the end of its fiscal year shall result in LOCAL NO. 1 - 8 - 1999-2006 MOU SECT7 1V 2 - UNIONSECURITY the termination of all agency shop fee deductions without jeopardy to any employee, until' said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty (120) days, E. Comlid ance. 1 . An employee employed in or hired into a job class represented by the Union shall be provide with an Employee Authorization for Payroll Deduction card ' by the Human Resources Department: 2 if the form authorizing payroll deduction is not returned' within thirty ( o) calendar days after nonce of this agency shop fee provision and the union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.8.3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which ease the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The 'Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other farms of liability that arise out of or by reason of this union LOCAL NO. 1 - 9 - 1999-2605 MOU SECTION Z - UNION SECURITY security section, or action taken or not taken by the County under this Section. This includes, but net limited to the County's attorneys" fees and Costs. The provisions of this subsection shell not be subject to the grievance procedure fallowing the adoption of this MOU by the County Board of Supervisors. H. The County Human resources Department shall monthly furnish a list of all new hires to the Union. 1. In the event that employees in a bargaining unit represented by the Union vote' to rescind agency shop, the provisions of Section 2.4 and 2.5 shall apply. to dues-paying members of the Union. 2.3 L.Dues Farm. Employees hived on or after October '[ , '1981 , in classifications' assigned to units represented by the Union shall, as a condition of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30 days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with ,a copy to the Labor Relations Service Unit within said thirty 80stay period. If the employee decides not to become a member of the Union, any Union dues previously deducted' from the employee's paycheck shall be returned to the employee LOCAL NO. 1 - 10 - 1999-2005 MOU SEC'WN I - UNION SECURITY and said amount shall be deducted from the next dues deduction check seat to the Anion. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shell be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the 'Union and the County have entered into a 11lICU that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon x-.proper written notice by the employee within said thirty, 0) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/her right to revoke said authorization. 2.4 Matntenance of Membership. All employees in units represented by the Union who are currently paying dues to the union and all employees in such units who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues ' to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paing dues in accordance with Section 2.5. LOCAL No. 1 - 11 - 1999-2005 MOU SECTION 2 - UNION SECURITY 2.5 wfhtrawal of Menrlers By notifying the Auditor-Controller's Department in writing, between august 1 and August ' 1 , 2005, any employee ray withdraw from Union membership and discontinue ayinc dues as of the payroll period commencing epternber 11 2005 discontinuance of clues payments to then be reflected in the October 10, 2005 paycheck. Immediately upon close of the above mentioned thirty {30) day period the .Auditor- Controller shall submit to the Anion a list of the employees who have rescinded their authorization for dues deduction. This can only be accomplished if and When agency, shop would be rescinded. crrnuncartees. The union shall be allowed ` to use designated portions of bulletin boards or display areas in public, portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to da with official organization business such as tunes and places of meetings and further provided that the employee organization appropriately posts and removes the information. The department head reserves the night to remove objectionable materials after notification to and , discussion with the Anion. Representatives,.of the Union, not on County tune, shall be permitted to plane a supply of employee literature at specific locations in County buildings if arranged through the Department plead or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the LOCAL NO. 1 - 12 - 1999-2005 MOU. SECTION 2- UNION SECURITY public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. To post literature on bulletin boards. b To arrange for use of a meeting 'room. C. To leave and/or distribute a supply of literature as indicated above. d. To represent an employee on a grievance and/or to contact a union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that„ in each such instance advance arrangements, including disclosure of which' of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 Use of County BuRdin. 1. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non- work hours when a. Such space is available. LOCAL NO. 1 - 13 1999-2005 MOU SECTION 2 - UNION SECURITY b. There is no additional cost to the County. C. It does not interfere with normal County operations, d. Employees in attendance are not on dray and are not scheduled for duty, e. The meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meefing, and see that the space is left in a clean and orderly condition. The use of County equipment (ether than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions appointed by the Board, and to meet with the body considering the matter. The listing of an item on e public agenda, or the mailing of a copy o a proposal at least seventy-two (7hours before the item will be heard, or the delivery. of a copy of the LOCAL NO. 1 - 14 - 1999-2005 MOU_ SECTION 2- UNION SECURITY proposal at least twenty-four (24) fours before the item will be heard, shah constitute notice. In cases of emergency when the Beard, or boards and commissions appointed by the Board, determines it must actimmediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written statement for flew Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the emplovee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. 2.10 Assi nment' c►f Classes.. to far crinin Inits. The county shall assign new classes in accordance with the following procedure: a. Initial DetermWhen a new class title is established, the 1a ►or Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of his/her determination. LOCAL NO. 1 - Is - 1999-2005 MOU SECTION 3 - NO L'?IS RIMINATfO lAMER WITH DISABILITIES ACT�A b. Final C�etermthatiori. His/her determination is final unless within ton (10) days after notification a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Ether Stem. He/she shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seely agreement on this matter withinsixty (60) days after the tern ('1 0) day period in Subsection b, unless otherwise mutually agreed. Thereafter,, the procedures in cases of disagreement, arbitration referral and expenses, and criteria for determination shat conform tQ Board of Supervisor's Resolution !2[ 165. 2.11 Section 1of 1977-79 M0U. Section 18 of the 1977-•1979 11 OU between the County and Local No. 1 shall be continued for the duration of this 1111 U and shall be applicable to' all units currently represented by Loeal No. 1 . Sgg—T,110N-3,!� 0 : 1A RM DISiWrnlgilrlrWr•.M�nM1Wr.lnluWrl There, shall 'be no discrirnlnation because of sex, race, creed, color, national origin, sexual orientation or union activities against any eMrloyee or applicant for employment by the County or b anyone employed by the County, and to the extent prohibited by applicable State LOCAL NO. 1 - 16 - 1999-2 Q5MOU SLC17ON 4 SHOP STEWARDS OFFICIAL REPRESENTATIVES and Federal law there shall be no discrimination because Of age. Where shbil be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely. The Employer and the Union recognize that the Employer has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the Employer contemplates actions to provide reasonable accommodation to an individual employee in compliance With the ADA which are in conflict with any prevision of this Agreement, the Union will be advised of such proposed accommodation. Upon request, the County will meet and confer with the Union on the impact of such accommodation. If the County and the Union do not reach agreement, the County may implement the accommodation if required by levo wtthout further negotiations. nothing in this MOU shall preclude the County from taking actions necessary to comply with the requirements of AIDA. � ` Iohl + ? ' TE AFC #hFCAL P IS EISIMIVES 4.1 Atter Mance a leeU: Emplc gees designated as shop stewards or oft�cial representatives' of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: LOCAL NO. 1 - 17 - 1999-2005 MOU SECTION 4 = SHOP STEWAPPS +& OFPIC L EEMENTA771M PYrY,,.1,.iw�l� lilllYrl l YI Yllu iFIY -- IYI IYlwt- YI I.YIIYAYI.WIMIM! a. If their attendance is required by the County at a specific meeting, including reeinge of the Board ofl Supervisors. b. ' if their attendance is sought by a hearing body or presentation, of testimony or other reasons, C. If their attendance is required for meetings scheduled at reasonable times agreeable to all parties, required for settlement cif grievances filed pursuant to Section ' b - Grievance Procedure of this Il U. d. If they are designated as a shop steward, 1n which case they may,utilize a reasonable time at each level of the proceedings to assist ars employee to present a grievance provided the meetings are scheduled at reasonable tunes agreeable to all parties. e. If they are designated as spok. sperson or representative of the Union and as such make repre sentations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the ernpioype s work station or assignment are made rnrth the appropriate departrnen head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required, including meetings of the Board of Supervisors ' and Retirement Board where items which are within the scope of LOCAL NO. 1 - 18 - 1999-2005 Mou SECTION 4 - SHOP STEKARDS & OFFICIAL REPRESENTATIVES representation and involving Local No. 1 are to be discussed. f. hop stewards and union officials shall advise, as far in advance as passible, their immediate supervisor, or his/her designee, of their intent to engage in union business. All arrangements for release time shall include the location, the estimated time needed and the general nature of the union business involved (e.g. grievance meeting, Skelly hearing). 4.2Unic r - par cored Training Pr c grarr�sW The f-M - 19iA1 County shell provide a maximum of three hundred twenty (320) hours per year of release time for union designated stewards or officers to attend union-sponsored training programs. Requests for release time shall be provided in writing to the Department and the County Human Resources Department at least fifteen (15) days in advance of the time requested. Department [heads will reasonably consider each request and notify the affected employee whether such request is approved within one (1) week of receipt. 4.3 union fieP,resantatIves. Official representatives of the Anion shall' be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in goad faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of LOCAL NO. 1 _ 19 - 1999-2005 MOU SE r ION - SALARIES representation, provided that the number of such representatives shall not exceed the below specified limits without prior approval of the Labor Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. Agriculture and Animal Services Attendant-LV -Aide 2 Building Trades 2 Deputy Public Defenders Engineering Family and Children's Services 2 General Services and Maintenance Health Services 5 Investigative2 Library 2 Probation 2 SECTI, _ SAL-ARIES 5. general �""acse �n+crea es. II.rIIY�I - II1111i1�q�lYI1nYMM.M� i A. Cost of Livin „�6stmont. Effective on the dates indicated, each represented classification shall be increased as indicated. These increases shall not apply to employees in the Family and children's Services Unit whose salaries are determined separately as noted in their Unit items under Section 57. LOCAL NO. 1 - 20 - 1999-2005 MOU, SECTION 5- SALARIES October 1 , 1999: 5.0%. increase October 1 , 2000: 3.0% increase October 1 , 2001 4.0% increase Additionally, the following wage increases are effective for each employee exce f for'tho e employees designated as safety employees (far retirement purposes}: October 1 , 2002: 5.0% increase October 1 , 2003 3.0% increase` October 1 , 2004: 3.0% increase Employees designated as safety employees (for retirement purposes) will receive the fallowing wage increases: October 1 , 2002^: 5.0% (less a 2.25% deduction for retirement benefits) October 1 , 2003: 5.0% (less a 2.25010 deduction for retirement benefits) October 1 , 2004: 5.0% (less a 2.25% deduction for retirement benefits) October 1 , 2005: 5.0% (less a 2.25% deduction for retirement benefits) The wage and retirement benefit provisions for safety employees represented by Public' Employees Union,' Local # I expire September 30, 2000. B. Lump Sura Payment. A fire percent (5%) Lump Sum Pay will be cafculltec for VIII eligible earnings. This includes employee regular pay, overtime pay and specific tither earnings computed as a percentage of base pay' from October 1 , 1999 through October 31 1999. ( OC,AI "NC's: 1 - g� _ �4pU_7►ttf1� t1 ni 1 SECTION 5 - SALARIES The October 1 , 1999 , Increase Will be paid retroactively in a IUrrp sU171 payment to each employee for the period October 1 1999 through October 31 , 1999, without interest. The payment amount thus computed will paid on the December 101 1999 pay warrant as a "Lump Suri Payment„' and will be subject to normal tax withholding and retirement deduction requirements. +C., Spec y Adjustments.. In addition to the increases noted above in A, the classes listed below shall be received the fallowing increased on the dates indicated by the percentages indicated: Class PeLcenCate Asst. P.W. !Maintenance Coord. 3.0 10101/99 Cardiac Ultra Sonographer 5.0 10/01/99 Clinical Pharmacist 7.0 10101/99 Deputy Public Defender I-IV 2.0 10/01/99 & 1.0 10/01100 Equipment Operator II 3.0 10101/99 Grounds Mntnce. spec.-brig. 2.7 10/01/0 Jr. Radiological Technician 5.0 10/01/99 Lead Resource Center Attendant 5.0 10!01/99 Library Assistant-Journey 5.0 10/01/99 1.55 Orthopedic Technician 3.0 10/01/99 Pharmacist 1 7.0 10/01/99 Pharmacist 11 6.0 10/01/99 Pharmacist Technician 6.0 10/01/99 Public Defender Invest. Aide 3.5 10101/99 Public Defender Invest. I and 11 3.5 10101/99 RoadMaintenance Carpenter 3.0 10/01/99 Specialty Crew Leader 3.0 10/01/99 LOCAL NO. 1 - 22 - 1999_2nn-r. Mnl I SECTION 5. SALARIES Sr. P.D... Irwestig tar Aide 3.5 10/01/99 Sr'. Radio] Technician 5.0 1:0/01/99 Ultrasound Technologist 1 5'0 19101/99 Ultrasound: Technologist 11 5.0 10101/99 Vegetation Management Tech. 3.0 10101/99 Wthr/Home Assess/Repair Spec. 5.0 10/01/99 Weather. Home Rep. Spec.-Prof. 5.0 10/01/99 5.2 Pay.,Equ l New Pay Equity Master Agreement. The County and the below listed Employee Organizations rich Participated in the Pay Equity Study jointly agree to provisions in this naw Play Equity Master Agreement executed in May 1 g5 In executing this agreement, both the County and the participating Employee Organizations (CCEA Local One, AE CME Locals 2700 and 512, $EIV 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) state their intent that ( ) the previsions of the Pay Equity blaster Agreement contained herein shall stand separate from other terms and conditions of employment whichmay be negotiated and adapted in Memoranda of Understanding between the County and the individual participating Employee Organiz- - i.ons and that 2) the provisions of the Pay Equity Mester Agreement will remain in place as the basis 'under which a[I represented pay equity classes will be granted adjustments until all remaining classes reach the tread line or until such time as the parties mutually agree to modify or terminate this agreement. This agreement shall be presented to the Contra Costa County Board of Supervisors as the joint recommendation of the undersigned. LOCAL NO. 1 - 23 - 1999-2005 II OU SECTION • SALARIES 1 . Scope of 6greement.. The County and the participating Emplo ree t rgani a ions agree that provisions contained herein will fully supersede and replace the F br aSupplemental 1993 MOU on Mayr Equity. 2. Ado tion of Fixed lea out Formula. The County and the p►a tic a ing Er ploy a Organizations: agree to adopt pay equity fixed payout formula described below in 3 which gill remain in effect until all pay equity, classes are adjusted to the tread line, or until such time as the parties mutually agree to modify or terminate this agreement. 3. O ti m Form The pay equity' fixed payout formula shall be c©i uteri as follows; The annual value of the general salary increase for all Classifications represented only by the participating Employee Organizations ( CEA Local No. '1, AFSCM locals 2700 arra 512,1 SElU local 535, California Nurse Association' western Council of Engineers, and the Appraisers' Association;) and Management and Unrepresented employees; shall be totaled and multiplied by a factor of twenty percent (20%). The fixed amount of money derived from this calculation shall constitute the total pay equity increase for all classes below the trend line represented by the participating Employee Organizations arra for all Management and Unrepresented classes below the trendline. LOCAL h[[O. 1 - 24 - 1999-2005 I ou SE TION 5- SALARIES The manner, in which:, the pay equity increase will be distributed to all represented classes below the trend line shall be determined by the participating Employee organizations who shall consider 'only (1 ) whether classes 'farthest from the trend line shall receive a greater percentage adjustment than 'classes closer to the trend line, and (2) at what percentage distance below the trend line to apply any differing percentage ad.us ment. if upon review, the County finds that the manner in which the Employee organizations have structured the distribution is unacceptable, the County and the Employee organizations shall meet and confer. 4. Effective Dates. The County agrees that any pay equity increases will be effective ninety (90) days from the effective date of any general salami increases. 5. Indemnification. Each participating union will promise not to bring or support comparable worth or pay equity litigation against Centra Costa County or any agent, servant, officer, or employee of Centra Costa County and further promise that in the event litigation advancing comparable worth or pair equity claims is brought against the County or any of its agents, servant, Officers, or employees, within five ( ) years from the effective date of this agreement between the County and the participating Employee LOCAL NO. 1 - 25 - 1999-2005 MOU SECTION 5 - SALARIES {organizations, by any persons) employed or formerly employed in a classes) rpresented by the perticipa ing 'uriions ns, the uniorepresenting such class(es) shell each pay up, to five; thousand dollars ($5000) of the County's attorney fees and costs; provided that the union is not named as a co-defendant in such litigation. 5.3 r fr n+ � r . xce # a o he inrrisepe rm#fed in 'deep class resolutions, new employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. however, the appointing authority may fill a particular position at a step above the minimum of the range if mutually agreeable guidelines have been developed in 'advance or the Human resources Director offers to meet confer with the Union on a case by case basis each time prior to formalizing the appointment. 5.4 Ann, Dates� .xcept as may otherwise be An n, 1111.�11r�Yrl■IYM A YM.r.l� provided for in deep class resolutions, anniversary dates will be set as follows: a. New E�olo�. The anniversarydate of a new employee is the firs# day of the calendar month after the calendar month when the employee successfully completes sic (6) months service ce provided however, if 9111:617171ployee began work on the first regularly- scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6') months service. LOCAL No. 1 - 26 - 1999-2006 Mou SECTION 5 SALARIES b. Prom00ons. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.4.a above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar monthwhen the demotion was effective. d. Transfer, ' ReaRocati n . .& Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary ranee or to a salary range which is within' five percept (5%) of the top step of the previous classification remains unchanged. e. Reem.glovments. The anniversary of an employee appointed from a reernployrent list to the fist step of the applicable salary range and not required to serve' a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then' successfully completes the required probationary period. f. Notwithstanding other provisions of this Section the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum' salary for the employee's new class, or LOCAL NO. 1 - 27 - 1999-2005 !V OU SEC r10M 5 - CAI AJ4/ES who is transferred from another gavernrnental entity this un y's merit y- tern is one 1 ) year from the firet day o the calendar month after the calendar month when the employee was appointed or transferred, provided howeverwhen the appaintnnen or transfer is effective on the ernplayee�s first regularly scheduled work day of that nanth, hislher' anniversary date is one (1 } year after the fiat calendar clay of Ah8t month. ►.v tncremen S n f in The performance of each employee, eccept those of employees already at the m ximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 to determinewhether th+eaiary of the ernpio ee she11 be advanced to the neA higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on ,satisfactory performance by the employee. The appointing oath©r�ity may recpmmend denial of the increment or denial subject t one additional review at some specified date before the% next anniversary which must be set at the time the original report is returned. Except a herein provided, 'tncrernents within range shall not be granted rncar-e requeAly than once a year, nor shall more than arse ( 1 ) step wi.thin range increment be granted at one time, except as otherwise provided in deep class resolutions. In case an appointing authority recommends denial of the within ran incrernert on some particular anniversary date, but recommends a special salary review at some date before the next' anniversary the special salary review shall not affect the regular salary review on LOCAL Na. 1 - 28 - 1999-2006 Mala SECTION 50 SALARIES the next anniversary date. Nothing' herein shall be construed to make the grantiing increments mandatary on the County. If an Ober ting department verifies in writing that an administrative or clerical error'' was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when etigible, said advancement shall be made retroactive to the first of the month when eligible. 506 P'arf-T r e Cqm s ,t on. A pert-time employee shall be paid a monthly alary in the same ratio to the full- time monthly rate to which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week. in the employee's part time work schedule beaus to the number of hours in the full-time work schedule of the department.' .? c r er a i ff I P 011t f I onth. Any employee who works less than any full calendar month, except when on earned vacation or authofted sick leave, shall receive as cor pensation for services an amount which is in' the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular rnorth; but' if the emoyent is in compensation shall be on an hourly basis. 5.8' P�os1t on e. Ifica c n. An employee who is an incumbent of a position which is reclassified to aclass which is allocated to the same range of the basic salary schedule as :is the class of the position before it was LOCAL No. 1 - 29 - '1999-2045 Mou SECTION 5- SALARIES reclassified, shall be paid at the same step of the range as the employee received Onder the t�on. An incumbent of aposition which Is reclassified to a class which is allocated t6a lower range of the basic salary sched ile shall continue to receive the same salary as before the reclassification; but if such salary is greater than tle rnaxit�urn o l c range 'of the Class to �blcb the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classil tcation. ` The salaryr of an incumbent of a position which is reclassified to a class which is allocated to a range r tyreasi salary sclle reeer an the rare Of the class of the positiran before it was reclassified shall be gouerned by th provisions cif Lection o - lar�o,,n, Prom tion. 5. $a laryea 12—Ca, on & a Jnr ea + ca on. A. In a generl salary inUr as+ or dei rease.4 ars employee in r +class rlrich Is rerllote to a salary range above 'or below that to which it was revic�usly allocated, when the numb r of steps remain the same, shah be conpensaed at the same stip in the rnew salary range the arnloee was receiving in the range tc hl. h the C , s was previously alloc to if the reallocation is from one salary range with more steps to a range with fewer steps r price versa, the ernloyee shall be compensated at the step on the new range which is in the safe percentage ratio to the top step of the new range as was tyre salary received before LOCAL No. 1 - 30 - 1999-2005 MQU SECTION J - SALARIES reallocation to the top Step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary ;schedule, apart from the general salary increase or decrease described in Section 5.9. 4 above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate, of pay received before the reallocation. In the event that the steps in the new range do not. contain the sane rates as the old range, each incumbent shah be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step Which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous cuss, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the supsin the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the now range which is next above the salary rate LOCAL NO. 1 - 31 - 1999-2005 MMU SECTIONS- SALARIES received in the old: range, or if the new range does not contain a high: er step, the incumbent shall be placed at the step which is next lower than the salary, D. In the event of reallocation to a deep Glass, the provisions of the deep class resolution and incumbent salary alla jons, if any, shall supersede ection5.10. 5.10 MirI�Y1Mf �n11111 11.��., Any employee who is appointed tC3 a position of a class allocated to a higher salary range than the classeve sloccupied ex+ e t a provided under Section 't , shall, receive the salary in the new salary range which is next higher than the rite received before promotion. In the 'event this increase is less than eve percent 6% )' the employee's salary shall be adjusted to the step in the new renge which is at lust five percent %} greater, than the next higher step► provided however that the next step shall not exceed the maxi um salary for the higher Class. In the event cif the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shah be appointed' at the step which the employee had formerly attained in the higher class unless such step re ults in a degrease in which case fhe em . yee i appointed o the next Higher step. If hrwever, ; the erpleyee' is being appointed into a Class allocated to higher salary range then the class froth w ich t ie employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher.' LOCAL NO. 1 - 32 - 1999-2005 MOU SECTION 5- SALARIES 5.11 Salaryon nu�alunta' Gern ►fc n. nyrnployee whO is demoted, xcapt as provided under Section 5.1 2, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he/she has been demoted next lower than the salary received before 'demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent;(5%) less than the next lower step, provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continquously in the position to which he/she has been demoted, all within-range increments having been granted. 5.12 Voly-L Demotion. Whenever any employee 'voluntarily demotes notes to a position in a class haying a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 5.13 a Transfer. An employee who is transferred from one position to another as described under Transfer shall he placed at the step in the salary. range of the new class which equals the rate of pay LOCAL NO. 1 - 33 - 1999-2005 MOu SECTION 5 SALARIES received before the transfer. In the event that the steps in the range for the neer class do n6t centaur tyre rates as the range' for the old the ernplyee shape placed at t step # the. nem ran which is next above the salary rate received in the old rer g6* or 'if the new range 'does not contain a higher step, the employee shall be placed at the step which is next leer tbar� the sa ry received in the old range. Whenever a permanent ernployee transfers to or frorn a deep class, as provided in the appropriate deep class resolutions, the salary of the employee shall be -set as provided in the deep class resolutions at a step not to exceed a five percent (510%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class With specified levels identified for certain positions and their incumbents, the ernpl©yea's salary in the nor class shall be set in accordance with the section on Salary on Promotion if the employee is transferring to another cuss or to level in a deep cuss for which the salary is at least fve percent 5 move the top base step of the deep cuss I+evel car class n v h i h their have status currently. 5�' teacr. work!6 M erasstctc�no `:When an employee in a permanent pbAltion in the merit system or an employee in theFamily and Children's Service Unit is required to work in a classification for which the compensationis greater harp that to which the employee is regularly assigned, the em ployee shall receive compensation for such work at the rate of pay established LOCAL NO. 1 - 34 - 1999-2005 MOU SECTION 5- SALARIES for the higher classificat on pursuant to Subsection 5.10 - al on rc rr t n of this I Ie or ndurn, commencing on the 1 consecutive hour in the assignment, under the following conditions: a. When an employee is assigned to a program, service or activity established by the Board of Supervisors which is reflected in an authorized position which hes been classified and assigned to the Salary ' chedule. b. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position Of the higher classification. c; Employee selected for the assignment will normally be erected to meet the minimum qualifications for the higher classification. d. Pay for work in a higher classification shall not be utilized as a promotional procedure provided in this Memorandum. e. Higher pay assignments shall not exceed six (6) months except through reauthorization. f. if approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within thirty (30 days no additional waiting period gill be required. LOCAL NO. 1 - 35 - '1999-2006 MOU S=%0 TION 5- SALARIES g. Any rncentrves (e.g,, education _,incentive} and special differ entrais (e. ., bilin ual drfferenttal and hazardous duty differential) accruingt6 he employeein hslher permanent position shall continue. h. During the period of woW for higher pay in a higher es if datio , n rn pt c r e will retain his/her permanent classification, and anniversary and salary review dates will he determined by time in that Classification; except that if the period of work for higher pay in a higher classification exceed s ons year continuous employment, the ernplpye , upon' satisfactory performance in the high r ctassifica ion, shall be eligible for a salary review in that cuss on his/her next anniversary date. Notwithstanding, any other salary regulations, the salary step placement of empldyeas appointed ' to the higher class immediately f6l owingt rminat or of the assinment, shall remain unchange€t, i, Allowable overtime pays shift differentials and/or work location differentials will' he' paid on the basis of the rate of pay for the higher class, 5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of s8ilary due the employee for the preceding rhonh; provided however, that each employee except those paidn an hourly rate may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth LOCAL NO. 1 - 36 - 'x9992005 MOU SECTION 6- DAYS AJVD HOURS OF WORK (25th) day of each month, drew his/her Warrant upon the Treasurer in favor,of such employee. The advance shall be in an amount equal to one-third. (113) or less (at the option of the employee) of the employee's basic salary of the previous month except that,,,it shell not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive the advance shall be made on the prescribed form (farm M-208, revised 5/81 ) and submitted by the fifteenth (15th) of the month to the department payroll clerk who will forward the card with the Salary Advance Trans(riittal/Deviation Deport to the Auditor Controller payroll section. Such an election would: be effective in the month of the submission and would remain effective until revoked. In the case of an election made pursuant to this Section 5,18 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth 1 Oth) day of the following month, SECTION CSA AlNl0YJ o f WORK The normal work week of County employees is forty (40 hours bet Teen 12;01 a.m. Monday to 12.00 midnight Sunday, usually five (5.) eight (8) hour days; for twenty-four ( } hour shift employees of tl"te Health Se ices Department, the normal work week is forty (40) hours between 12:01 a.m. Sunday to 12.00 midnight Saturday. LOCAL NO. 1 - 37 - 1599-2005 MOO ��#�► SECTION T- OVERTIMELNSA TEARY TIME However, where operational requjrements of a department required 'Ylat onS from the usual pattern of five b) ei ht ( ) hour days per work wee mployee , an em- work hours may be scheduled to meet these requirements. The Department Head shall prepare wfen schedules in advance to support'' all deviations encornpassinq the complete operational cycle conte n -.I.Oted. The work week for empl�ayees in the 4/1 0 shift is four (4) tern (10) hour working days during a work week con ist in of an seven (7) day period. ' If the County' wants to eliminate any existing 4/10 /' shift and substitute a 5/3 shift or to Institute 4/1 o shift which +lees not allover for three (3) consecutive days off excludin over it a days or a change of shift assignment}, or chane existing work schedules or existing hears of work, it will meet and confer with the Union prig to implementing said new shift or hours change. This obli ation does nod apply There there: is an existing systern for reassigning employees to different shifts or different starting/stopping tunes. Nothing herein prohibits affected employees and their s aperuisi r fro mutually agreeing on a charge in existing 'hours of work provided other employees are not adversely impacted. SECI.10 7,- O' E 17N E- ii 7.1 OverteiE:� v rtirr e is any authorized work performed In excess of fprty ) hours per week. car eight { 3 hours per day. C3vertirne for /1 Whiff er plo ee is any work erfc rrned beyond t+ n ( } hours per day or forty � �) hours per week. Ail overtime shall be CoMpensated for at the rate of one and one-half (1-'I/2) times the employee's LOCAL NO.1 - 38 - 1999-2006 MOU ENSA TORY TIME base rate of pray (not including shift and other special diel htiG# Kr Overtime' far permanent employees is earned and credited in a minimum of one-tenth hour increments and is compensated by either pay or compensatory time oft. Employees entitled to overtime credit lor , holidays in positions which work around the clock (such as the County Hospital, the Sheriffs Office and Jails, and the Juvenile Hall and Boys' Ranch) shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one- half (1-1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this 1111 11.1. The specific prevision of this accumulation are set forth 1n ectJon 'I i� of this lUIO J• Regular o�ertir�te for twenty-four ( 4) hour institutional employees may be accrued as compensatory time in accordance with Section T. '' of this 11lI U. 7.292IT1 e�nsa# t . T�a The following provisions shall apply: a. Employees may periodically elect to accrue Compensatory time, off in lieu of overtime pay. Eligible employees must notify their Department Head or his or her designee of their intention to accrue compensatory time off or to receive overtime pay at least thirty (30) days in advance of the change. LOCAL NO. 1 - 39 - 1999-2006 MMU SECTION 7- C3��4T'��E ANCA E��`P,M 7`E7RY rwr+run+ w `r �+ —��.�..:wr"-.++++.+ rriim+rf+�+.y++w iSww++ nrm b. The names of those employees electing to accrue corn penatory tine tiff shall be plated on a list maintained by the Department. Em, 1, who become eligible i.e., newly fired employees,, ennpl gees pr: rnoting, emoting, etc,) for comp enatory time off in accordance with these guidelines must elect to accrue comper satory time or they will be paid for authorized overtime hours worked. C. ' Compensatory tune off` shell be accrued at the rete of one and one-half' 0-l12 tithes the actual authorized ovcrtirne fours worked b the employee. d. 'Employees may not accrue'; a compensatory tine off balance that exceeds one hundred twenty (120) hours erre., +ek h y (.80) boors at tIme an one half). {ince the rnaxx tnn rrl balance his been► attained, authorized overtime hours will: be pard at the over Ime rate• If the employ e' balance falls below one hundred trenty 20) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches orre hundred twenty (120) hours. e. Accrued ccrnpesatory time o shall be carried over for use in the nem fiscal year; however, as provided' in o above, accrudorpensatory time off balances mai n6t exceed one hundred twenty ( 120) hours. LOCAL NO. 1 -40 - 1993-2005 MOO S WRY TIME OMPEN f. The use of accrued cornpensatory time off Shall be by mutual agreement between the Department Heedor his/her designee and the employee. Compensatory time off shah not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This prevision may be waived at the discretion of the Department Head or his or her designee. g. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. h. Compensatory time accrual balances will be pid off whet' an employee moves from one department to another through pro poen, demotion or transfer. saidayo f will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as. set forth in i below. L Since employees accrue compensatory time off aA the rate of one and one- alf1-112-) hours for each hour of authorized overtime worked, they shall be paid their accrued lours of LOCAL No. 1 -41 - '1999-2005 MOU SECTION CAL4 compensatory tl a at the straight rate of pay Whenever* The employee chanes status and is no Icnger elicio fir campenstorr time cuff. The ernplo ee promotes, dentes or transfer to another p r rr . The emppyee separates from County service, 4. The employee retires. J. The office oW the bounty uditor�Controller will estahiisl time lcoepin procedures to adrhinister this lection. !gTIO 8 - CALLBACK T Any ernDIOVee o is cabled back td duty shall he paid at the appropriate rate for tle actual time wort plus one {'I hour, Such em!pipy�ee called bai* shall be: paid minimum of two hours at the appropriate rata fbr etch call back, j � NIIII.I Ii I .I11111-AL U on-call duty Is an�r tie other than time when the employee is actu�iiy cin duty durir� rhich an employee is not reouired tc� be on +bounty pre mitses, �►ut stare ready to immediately report for duty and must arrange so that LOCAL No. 1 - 42 - 1999-2005 Mou SECTION10-SM"DIFMREN7`IAL his/her supervisor can reach him/her on ten, (10) minutes notice car less. An employee assigned to on-call time shell be paid one hour of st aig tirhe +credit s each tour 4} hours of such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the Department Head shell designate which employees are on-cell unless otherwise provided in the supplemental sections of this Agreement. SECTION 10 - SHIFT aIFFEI E ITI L In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. To qualify for shift differentia[, an employee must have a regularly assigned daily warp schedule which requires: a. completion of more than one and one-half -112} hours over the normal actual working time; or b. At least four (4) lours of actual working time from oo P.m. through goo a.m. inclusive. However, employes who have been regularly workincaa shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in corn putin the pay for their leave. The paid leave of an employee who is on a rotating shift schedule' shall include the shift differential that LOCAL No. 1 -43 - 1999-2005 MOU ... ....... ........... SECT ION 11 ASSIG E NUMT would have been received had the e employee Workedthe 'ho ilft h' r W : ich the employ ee way. scheduled curing such period. -h ift differential nbiot Shall only be paid during paid . sick leave andpaW disability �Ovi.deid.,abov- t as 0 for the.firs, thirty X30} calendar days ,.o absence. sence. ACEKOR OFEI. SECTION 11 - M 0 R E- EDUCT OWL" 11EASSSIGNMENT educt oh. In the event that fundi ng reductions or shortfalls in funding occur in..a, de.partmentor are expected. which may result in y6fif's, the department W111 notify the union and take the following actions: a. h Identify the. classific- tion(s) in, which DOSM lon, Teductions.., may be rewired funding d due to fundi. reductions or shortia lls. M classifications b. Advise e ployees in , those: c.assi -. ,..t.ions th ca . at posibion reductions may occur o c in their classifi: tio ca ns. C. Accept vol ,y untar:,., leaves of absence from employees inthose emp! ,,. .1assification4which d0 not appear to be potentially impacted by possible positionredwctip0Swhen such can be accommodated.:bv the, department. d. Consider employee requests to reduce their Position hours .from: fu ktime to part-time to alleviate the impact of the potential layoffs. LOCAL NO. 1 -44 - 1999-2005 MOU SECTION fl : WORKF PC REDUCTIONILAYOFF1 REASSIGNMENT e, Approve requests for reduction in hours, lateral transfers, and voluntary demotJons t0 vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help I itigate the impact of the layoff by working throucah the Tactical Employment Team (TET) program to; 1 , Maintain an employee skills inventory bank to be used as a basis for referrals to other employment. opportunities. 2. 'Deterrnine if there are other, positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g, When It appears to the Department Head and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of 'employees` in a representation unit, LOCAL NO. ' -45 - 1999-2005 Mt7U SEMON 11'-={�I�'ORKFORC�` 'E GICTI N/L»AY+�I"F/R'E SS/G� �N ' the Labor l elafions Manager shall notify the lJnion of the possihIity such layoffs and shall meet and confer with the inion regarding the irplrrentation of the action. 1142 $0 to ion-Thmucth Lgy A. Grounds for L:s►vof . Any erploee(s) having permanent status in positions in the merit service may oe laid off when the position is no longer necessary, or for reasons of economy, lack of work, tach of funds or for such other reason(s) as the Board of ;Supervisors deems sufficient for abolishing the positions). B. Order of Layoff. the order of layoff in a department shall he based on inverse seniority in the class of positions, the employee in that department with least seniority 'being laid off first and so on. C. Layoff' B,y C isplacerr a it. 1 . In the carne lass. A laid off permanent full-� time employee may displace ars employee in the department having Tess seniority in the same class who occupies' permanent Intermittent or permanent part-tune position, the least senior enplryee being dilated first. . In the Berne Level or Lower Mass. A laid off or displaced employee who had achieved LOCAL No. 1 -46 - 1999-2005 MOU SE T t�N 1 WORKFORCE REDUCTIONILAYOfW REA551GNl SMT permarlent status in a class the Same or lower salary level as determined by the salary schedule in of tt at the time of layoff may displace within the department and in the class an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junioremployees. D. Particular Mules on G�isplacrng. 1 Permanent intermittent and permanent part- time employees may displace only employees hoping permanent positions of the same type respectively. 2 A permanent full-time employee may displaceany intermittent or part-tune employee with less seniority )in the same Class as' provided in SeCt.on 11 .2.Q.1 or, 2) in a class of the same or lover salary level as provided in Section 11 .2.c.2 if no full-time employee in a class at the same or lower salary level has less seniority than the displacing employees. Former permanent full-time employees who have voluntarily become permanent part- time employees for the purpose of reducing the impact of a proposed layoff' with the written approval, of the Duman Resources Director or designee retain their permanent full-time employe seniority rights ' for layoff LOCAL NO. 1 .47 - 19992005 MOU Purposes only and may in a later layoff displace a full time ernippy with less seniority s provided in these rules. E. ice. An employee's seniority within a class for layoff and isp�lacernert purposes shall be determined W ddin the employee's length of service in the particular class in quest to the employee's tench of service in other classes at the same or higher salary levels as determined by the salary schedule 'in effect at 'the Lima of layoff. Employees reallocated or transferred without examination from one class to another class Kevin a salary within five percent of the former class, shall carry to enlor*ty accrued in the former class into the new class. Employees reallocated to a new deep class upon Its initiation or Otherwise reallocated to a deep class because the duties of the posi ion Occupied are apprppriately described in the de+ p Blass shall carry intp the deep clads the sentoriy accrued or rriad f r�nrar in the fc��er class and seniority accrued in other claw which have been included in M64 op +class. Service for layoff and dupla erhent purposes includes only the employee's last continuous permanent bounty empl€�yrn t. Periods of separation may nod be bridged tc► extend such service unless the ce_pa ration is .a result of layoff` in which case br�din will be authorized if the employee is ree nplc�yed lh a per��en t position within the ernplayee's layoff eligibility. Approved LOCAL No. 1 - 48 - 1999-2005 MOU SECTN OKFOR-CE iT#Vtrf AREASSIGNMENT leave s cif abs n eas provided for in these rules and reguatidns shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County e. mPloymenf. If there remain ties in seniority rights, such ties sa11 be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. lig_.�i[ity for Layoff" dist Whenever any person Who' has permanent status is laid W. has been displace , hos been demoted by di.s.placernent or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the Layoff list for the class of positions from which that person has been removed. G. Order of ! lames on Layoff. First, layoff lists shall Contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or, who have voluntarily demoted or transferred in Iieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced demoted, or transferred on the date of, layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where thereis a class seniority tic between persons laid off from different departments, the LOCAL NO. 1 -49 - 1999-2005 MOU SECTION 1.1 YOFFV!REAS��T tie(ssl 11 be broken by length oflast continuous perrnenent eunty ; rnpinynentitl remaining ties brolen by random selection arnenc the employees involved. Curation of La off leern to nent ht . the n me of any person granted �reerr�p oyment ►- shill continue an the ppaprate 'list for a period of bra {2) rs. Iersons placed on layoff' lists shah continue on the appropriate list for a periodf four4 years. Certification of lerscns From Laoffs. tsaycff N , ronain the nerves cif perms} laid off, displaced or demoted by displacement or voluntarily dernoted in lieu of layoff or displacement or, transferred in lieu of layoff or dsplcernen . when a renes for perrsonnel is received from the'' apointin aufharity of a depa tr�nent from .,hich an elic ibl ) was laid efry the appointing a atl otity shall receive and appoint tl a eligible highest on the layoff list from the depaatrnent. when a request for personnel is received from a department fromwhidh an eliible(a was not laid off, the appaintn authority shell re+cet.ve and appeipt the eligible 11 highest ren tle layoff list �o shell be subject t a probationary pe i ► Aper + e �n ley.0 from a layoff list shall be appointed at the same step Of the salary range' the ernpio ee held on 'the day of layoff. LOCAL No. 1 - 50 - 1999.2005 MOM J. Iornovalans from Layoff Lists. T'he Human lesoures Cirector I ay remove the name of any eigile from aof list for any reason listed below: 1 . For any cause stipulated in Section 404.1 of the Personnel Management regulations. 2. n evidence that the e1ig."ble cannot be located by postal authorities. On receipt of a statement from the ppcintinguthoritr or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. if three ( ) offers of permanent appointment to the cuss for which the eligible list was established have been declined by the eligible. 5. If the eligible fails to respond to the Duman Resources Director or the appointing authority r�rithin-1611141.%d ays to written notice of certification mailed to the person's lest known address. If the person on the reemployment or layoff list is appointed to another, position in the same or Inner classification, the Warne of the erson shah be rerhoved. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top LOCAL No. 1 - 51 - 1999-2005 MOu .............. SECERNIi - step salary lower,. than thetop step of the, , , ... , . q fry..m Whftlhe!�"p S W..'a ro laid off the name o the pe mon shall not r be emoved any from the layoff list. A su Sequent appointment of such person from the layoff Ust shallS re JjJt::� in removal of that person's name. K. af. .,of N.a.Mesi,:,.. emOV from leer .0 OY yen d Reorce a � sus Lavoff The H uMri Director may rme: 0 f e the name of any eligible frommp o ymentor layoff:Cer.t. -Ification if the: eligibl. efails to respond within. .five days to a f _6 notice certification eftif tion . mailed to the _0 0. person s last known., address. 11-3 INI .,...The . County agrees to give ernpiloyees: scheduled':fbr'. Ia off at least tenr ( orl d,6, ysnotice pn or to their.last Oay,.of.'em. 10ment, y 111.4 e S . 0. P., chat, Em I e- t, Us.ts., 1:h County will Sgg g, 90 YMM establish a TET Employment P66 Jch W1- 1 *1I d .:: inclu e the Wh namesilQye of all laid. off County mp .es- Special. . es m y .0 d fro employment.:,li,stS.,Ibr,jqb class- b Ps 7 7 a ta ish m e !ail employment e,., pool. Persons pla e:d the oo on a spec rn I :t list -most meet the minimum ,qualifications for the class. An appointment from such a list will not affect the: individual's status.,oma layofflists .( ). on 1 Of laid off fir» love.2-S.I. wh0 displaced Emploveese: classification .. within thq, same fromfull"time to part-tune or intermittent status in a layoff, LOCAL NO. 1 - 52 - 1999-2006 MOIJ: S iC110M 12_HOLIDAYS or who voluntarily, reduced their work ho:L1.17S. to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon. referral from the layefl' list, r ay request reassignment back to their pre-layoff status Mull time ter part-time or increased hours). The request must be in v�rrritin in acccr+d with each depart. is reassignment bid or selection process. rpleees will be advised cf the reassignment procedure to be followed to obtain reassignment back to their farmer status at the time of the workforce reduction. The most senior laid ofl employee in this status whorequests such a reassignment will be seiected for the vacancy; except when more senior laid cuff individual remain$ on the layoff list and hes not been appointed back to the class from which laid off, a referral from the layoff: list will be made to fill the vacancy. EcTI N ;12 - HQL DAY 2A NO I �days se r0 The bounty will observe the following holidays: a. January 1 st, known as New Year's Day 3rd Monday in January known as Dr..M. L ding, Jr. Day 3rd Monday in February, known as Presidents' Day' The last Monday in May, known as Memorial Day July 4th, known as Independence day First Monday in September, known as Lahr Day November With, known as Veterans Day 4th Thursday in November, known as Thanksgiving The day after Thanksgiving December 25th, known as Christmas Day LOCAL NO. 1 - 53 - 1999-2005 MOU .......... ............ SECTION 12 - H S Such other da.ys as the Board of Supervisors may by reW 6110"n' :&s"Inn holidays. u te a s q,o! VS. b Each full-time emp oyee: shall accrue two hours of personal hblidaY credit ped :month, uch' �a:k Oel in inbt in6n personal Irhb`!May b t it preference (6 hiihUtes and of:one-466th 'hour: of q personal holidays shallt: e given 0 emP 0 e s. accordin6their:seniority in their department as r a oiiabfy6 as possible, No6 mp4 oyeeMa . Y accrue more thanf YOhours. of personal hdliday tat to On cepa m county service, an personal 'd far any unused mpldyee shall be Y credits employee's ]16-: current Day holida d#8�at the : th l rate, :� ' C. Employees in positions whlch� work ar undthe clock shall in addition to those holidays svecified in vection 2.I .a celebratemission Day: Co1umbus Day,, and Lind li01 n's Day as holidays, but-shall not accrue the two.. (2) hours per month. I re erence : �:S of personal holiday credit vection in 12.1 ,b above. 12.2 A= cgftn .. H6011.66day.6,6.6 Credfw The following hoer 6:� i provisions indicate h hoida.yt s lcredit to be. applied. 4ied: a. Employees ©n. , the five: fi. eY ,, da (40) hour Monday through work schedule shell be .�'. entitled t a h6lid ay.: W henevdr holiday is �eabove. t d . . , observed pursuant to the schedule Cl LOCAL NO. 1 - 54 - 1999-2005 IVIOU SECT'ON 12=HOLID YS b. Employees. on awork schedule other than Monday. through Friday shall be entitled to credit for any hclidy, Whether worked or not, observed by employees on the regular schedule; conversely, such employees will not receive credit for'any- holiday not observed by employees on the regular schedule even though they work the holiday. C. employees will be paid one and one-half (1-1/2) times their bas1c salary rate for holidays actually worked in addition to regular pay for the holiday. The purpose of this plan is to equalize holidays between employees on regular work schedule and those on other work schedules. If a holiday falls on the days off of an employee on a schedule other than Monday through Friday, the employee shall be given credit for overtime or granted time cuff on the ern loyee`s next scheduled work day. Employees who are not permitted to take holidays because of the nature of their work{ are entitled to overtime pay as specried by this IV1J. If any holiday listed in Section 12.E a above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1 .a falls on a Sunday, it shall be celebrated on the following Monday- For employees in the Health Services Department (only) assigned to units or services on a shift operational cycle LOCAL NO. 1 - 55 - 1999-2005 MOU SECTION 12 - YS which Includes atUr ay or Sunday desllated by the appolntlthority (rather khan lllonda throch l~ idaeight hours per day car a esi nate l or o schedule) holidays ;shall be obseryed on the day on which the holiday als rardless if it is Saturday or oda y Permanentpart-time employees shall receive holiday creditn the sane ratio tc the hiday� credit liven full-tilµne erploees as the number of hours der weep in thert- time employee's schedule bear tc the number of hours in the regular full-time schedule, regardless of, whether the hoidar fabs ori the pert-time employee's regular worl� day. Permanen part time, aid erl an n. Intermittent employees who: workon a holiday shall receive overtime pad or compensatory tune criiedit for ill hours worked, up to a MOXI um of e Igh t �8, 12A 41110. S 00 A. I- oil ay Shift l "ay. tach �41 shl� employee who _,- wort s a ll shift on a holt ay shall receive time and 'one half for the first ei+ lt hears' worked in addition to regular pay for the l c lidey. Holiday shift pay shell be su ed to prc vistons of Section 7. B. Absence on Flo day The 1�axir�u time charged to sick leave, vacaul .n car leave wlthou pay +� a holiday shall be hours. LOCA. NO. 1 _66 - '1999-20051V[OU SECTION 12 HOLIDAYS 112:x► ACC,-M0I O t +d Y 'Time. Employees entitled to overtime (yLi n , positions. mhi to ic^ t around. theclock V k shall be permitted to elect between pay at the overtime rate or compensatory time oft in recognition of holidays worked. The following. procedures shall apply tri this selection: a. Any person who is eligible and who elects to accrue holiday time must agree to do so for a full fiscal year (July 1 through June 30) or the remainder thereof, unless otherwise specified by the Board. b. Employees starting work after a list of those electing to accrue holiday time has been submitted to the Auditor and approved, will ke paid over'tu're unless they specifically requested in writing within seven ) calendar days to be placed on the accrual list. C. Holiday time shall be accrued at the rate of one and one-half (1-112) times tete actual hours worked to a maximum of eight 8) hours worked by the employee. d. Holiday time may not be accumulated in excess of two hundred eighty-eight (288) working hours. Holiday time may be accrued up to two hundred eighty-eight (288) hours, exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shat[ be paid at the overtime rates as specified in Section 7. LOCAL No. 1 - 67 - 1999-2005 MOU =-A^ SECTION 13- VACATION L J-- e. Accrued holiday time may be ta en off..at times. g: 'reel det6 d by rrrutuai t the �employee and the b epertrnent plead. f. Accrued holiday tuna shallbe paidoff0rrly upon a change in status of the employee such ' uch ' as separation, transfer to another department or ermanent4titerhiittent reassignment to ap: position. E-6. TION, VACATION..... M R66 E 13.1 Vacation. Allowance. Emioloyees In permanent positions are entitled to Vacation with pay. Accrual is, m 0 rs- of wor k ing� time per time �' h U based upon straighf, Calendar month f service and begins 0 on the date of appointment permanent positionIncreased 6accrua JS6 begin on. the fi e month: following &M nth in whic h y Ifi t. Acidportionsrn0 n � : the: emplo ee :q,Ua I e . Accrual ot0 f a of 66 shall be in minimum amounts ohia ( ) hour calculated on: the same basis. as for partial: month compensation n this 6M r pursuant to :section:� 5,8: of s :OU: Vac c edits may s be taken in cane-tenth �h (six minute) iticrem6ntbut may: (66 not be taken during tete first six months of employment (not necessarily y synonymous with probationary status) except Where sick leave has been e no t : e a excess f exhausted;:� ani note 1161 flowed in exce actual accrual at the tine vacation is:taken. 13*2 Va n heave on R 0-66 16)6 Fronn. a aVOff List Employees with t x months or more service :� in a permanent position prior to theirlayoff, who are LOCAL NO. 1 - 58 - 1999-2005 MOU S t ION 13 VACATION LEAVE employed from a layoff list, shall be considered as having completed six months tenure in a permanent position for the p pose of vacation leave. The appo nting a h rity or designee will advise the Auditor-Controller's Payrollnit in each case where such vacation is authorized so that appropriate payroll system override actions can be taken. 13.3 Vaca gn A cry 1 dates. For employees hired into a class in any bargaining unit covered by thisflU prior to September 1 19'10: the rates at which vacation creditsaccrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative beat of Service Hours Hours Under 1 years 10 240 11 years 10 213 256 1 years 11-113 27 13 years 12 233 14 years 12,w2/3 304 15 through 10 years 13-1/3 320 20 through 24 years 1072/3 400 2b through 20 years 20 40 30 years and up 23-1/3 56-0 For employees hired into a class of one of the following bargaining units on or after September 1 , 1070 the rates at which vacation credits accrue, and the maximum accumulation thereof,' are as follows: Agriculture/Animal services, ull ing Trades, Engineering, general services laintenerica, and Probation Units. LOCAL NO. 1 - 59 - 1999-2006 MOO SECTION 13 - VAS�Ar Tenthlyllacimurn .CCr�a1 t.ICnulitlre Length f ervicee 1Ours Under years 6.2/3 through 19 years 12401 1'years ' 0213 12 year I 1: 1 272 1years 1 28 yea rs Il -� 304 15 thraugh 1 years 131/ 2 29 through 2 years 1 -20 25 through years 2+ 30 gears and up 2 - l 560 t ri + service Thi . Employees who are rehired and have their service .bridged in accordance with the prorrisiens of this MSU shad accrue vacation in accorance with the accrual formula for employees,,., hired after epter� '1 r , 11979.1 H+� re�rer, prior service time which has been bridged shed Count toward Ion evity accrual. 13.5 A.cc Leave � h+ P ` . c erlploee Wt has beer grr�tel a' leave without day or unpaid milu airy learn shell accrue any vacation credit during the time of such leave, no r shah an err play a who is abient without pair accrue vaCeticn credit +wring h absence. 13.6 AioCfralCera a es On separation from Jaunty service, an ern►piay a shall be LOCAL,NO. 1 - 60 - X1999.20 5 MOU SEC7 0 74 - SICK LEAVE paid far any unused vacation credits at the employee"s then current pay rate. 13.7 / ation Pre erenceE Use of vac tion accruals is by mutual agreement between the employee and the supervisor and preference of vacation shall b given to employees according to their seniority in their department as reasonably as possible unless otherwise providedin the supplemental section of this Agreement. N SI SECTI CK LEAVE 14 14.1 Purpose of SIck., Leave. The primary purpose of paid sick cave is o ensure er�plc yees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may: be used only as authorized; it is hot .paid time off which employees may use for personal activities. 141 Sick leave' credits' accrue at the 'rate cif eic itr ►rking hours creolt for each completed month of service, as prascrib� by County alarm RegMat ons and Memoranda of Understanding. Employees who work a portion of a month are entitled to a pro rota share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of cine-tenth hour (6 minutes) increments. LOCAL No. 1 - 61 - '1999-20 15 MOU SECTION 14 - SI *AAIW Unused.,sic leave credits accumulate froyear C� year, h through When an employee i s. pa retrrerrentu � sick leave credits Shall + canceled, unless the part 6 eultIn which case the accunulate+ creCllts shall b rrd if reemployed in a termAndnt position within the period of layoff di,gibility, As of the date of retire n , ars employee` �c ur ulafed : sick leave is converted to retirement on the basis of one day of retirement service Credit for each day o accumulated sick leave credit, 14 o l iea ove��in tie Use f L . indicated above, the pryar purpose of paid si leave is to ensure erplyes against css t�f day for tem porary,absen ws from work du-Oita illness or 1n u y, The following definitions apply: "IMme atp Fat iles e.ans and includes only ti a souse, son, stepson, daher� 'stepdaughter, ath+ r, tefather, mother, steprnther, brother, sister, grandparent, grandchild, niece, nephew; father=in.-lam; �ot�er�in-lei, daughter-in-law, son-in-luu, bret�er�in-haw, sisterin�lw, foster children, aunt, uncle, c©usin, stpbroh+ r, stepsister, or domestic 'partner of an ern loyee andor includes any other person for whom the ernplcyee is the legalguardian or conservator, or any person who is claimed as a �daenent" fcr Ili repcting purposes by the employee. LOCAL NO. 1 - 62 - 1999-200 O $E+C to) SICK SICK LEAVE . .�yee means any person employed by or tra Costa County in an allocated position in the County service. "Paid "ick Leave Credits" means these sick leave credits provided far by County Salary Regulations and Memoranda of Understanding. "Co►nditi€ h Reason". With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accu hulated paid sick leave credits may be used, subject to appointing authority approval, by an empfoyee in pay staus,I but onlyim the following instances. a. Tem ra Illness or In'u cif an ern lovee. Paid sick cave credits may be bled when the employee is off work becauseof a temporary illness or injury. b. Perri rie ►t inability Sick Leave. Permanent diabfity means the employee suffers from a dinjury or physical injuor illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training car experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired LOCAL NO. 1' - 63 - 1999-2005 MOO Sa TION 14 - SicK by et�rementoerd, � be+ t t+C follouutng cf�ndltlor�s; An application for retirement due to disebi it hes been flied i the etirern+ nt oerd. Satisfactory rnedlcel evidence of su+�h disability is received by tleppQinti;n AN ter within o days of start of of tick leaue f perrnanent disability. 3. r r � n�n`fi d evidanca and order further examnaton as deemed necessary, and ray einae use Ofsick leave when such further examination derionstrats t tie ernpoye riot disab►le or when the appointing authority det+errnines tl et the nieci e�rdoe Submitted by the ernp�layee insufficient, or dere tie aboue +condition s lure not been met. C. Communicable disease. An err ployee may use paid sick leave credits. when under a physician's order to remain sedloded due to sure to a c mr uhi ble disease d. dick Leave U [ et on :dor lire ne l ab t ; mpfoyees whose disability is caused or ccntbutd to brenebo , rrr isoer�rlee, abortion ch ldbi rth, or recover th refrorn, shall be allowed to utilize sick leave credit to the r aximurn accrued by such employee during the LOCAL No. 1 - 64 - 1939 2006 I OU SIC AVE 'irT'W 14 !iii. 'r xr period of such disability under to conditions set forth below-' 1 . Application for. such leave must be made by the em.loyee to the appointing authority accompanied by a written statement of disability from the employee's attending Physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the comr encement of the disability as well as the date the physician anticipates the disability to terminate. if an employee does not apply for leave and the appintit authority believes that the emp oyee is not able to properly p6d rm her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscattiage, abortion, childbirth or recovery therefrom the ernplayee shall be required to rid r c a physical examination by physician selected by the County. Should the medal report sty rcomenct, a mandatory Dave shell be imposed open the employee for the duration of the disability. 3. Bich leave may not be utilized after the em:ployee has been released from the hospital unless the employee has provided the County with e written statement from her LOCAL No. 1 - 65 - 1999-2005 Mou VA attending physip-jaq stating that her disabiity Continues and the pro ec eed dates of the employee's recti very recovery from such: : d is 6bility. : d Abboititme e. Medical-On Denta, An employee ie d yv a psick 1 , For W017king time used in keeping ig medical !s the denial appointments aiid2 tfort-r: em 10yee P Own Caw and 2. For wort in.g fil e used by an. employee for e 'd m pre uled di'Cal 6he - and dental appointments or an IMme J atfamily member.' f. Emergency. Care.... of.. Fatniffy* An .. eMpfoyee may u id e paid leavebruits;.,ior y �sickI e used M. od S 1719 We fami in cases Of jli:66Sn MeMbe. 9. Death of V Member, An eriiplOOe may use patd SICK leve credits for w6rk1h9time used: mplOyee:s imrn i because death '16' thee OT a ed'ate y r IC partner, but of 46*toyews do, , pa .n r, arrit q he Mesti, :this shall not X666dt, r 6066 �(3) w6rK 40 days, plus up to fw . wot days.. 3 el r necessary C a:;� 0666f, accruals- i n'including sick rave.l.. ddit : leave when appropriate may be a Uthorized in gonjunction With the bereaverr ent. leave at the discretpon fe..a.pp6 nti ng aut�G Ptl y, LOCAL NO. 1 - 66 - 1999-2006 Mou SLCTION 14 - SICK LE :VE h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. L Accumulated paid sick leave credits may not be used in the following situations. 1 vacation. Paid sick leave credits may not be used for an employee's illness or, injury which occurs while helshe is on vacation but the County Adrninis ratcor may authorize it when extenuating circumstances exist and the appointing authority approves. 2 Not in Pav Status. Paid sick leave credits may net be used when the employee would otherwise be eligible to use paid sick leave credits but is net in pay status. U44 A irn n s ra n f + .ea e. The proper administration o sick leave is a responsibility of the employee and the department head. Unless otherwise provided in the supplemental sections o ll this OU, the foilowincg procedures apply. a. Ernplayee lespcnsibilities �...,��. 1 Employees are responsible fornotifying their department of an absence prior to the commencement of their work shift or as seen thereafter as possible. Notification shall LOCAL NO. 1 - 67 - '1999-20 5 MOM SECS ION 14. S/ K L EA V include tl1e reason end pons ble duration of . Employees are responsible for keeping their department informed on a continuingbasis of l�iir co it and reale date Qf return to work. . rnpleyes are resp4nsitle f©r obtaining advance a prroyal prem their a perr�risor for the scheduled time o pre-arrant ett persona he far�nily rnadical and dental apcirtrnent. ,. rn loyees are encouraged to keep the department advised of (1 a current elep�l' Cne nu� er nl [� sick leve related n u riea a directed, ant ( ) any derr tier (s r dl rr r tion ( ) teat may reasonably be irnpesed regarding specific locations ander persons the do artment may cc tact to verify the nptoyee's sick leave. be 13ern nt R llit� Th� use of SIGN leave may properly e denied if thele prceelures are not followed Abuse of sick leave on the part of the ernploree is cause forliciplinary acien reprtmentalpprcve sick leave is a certification +�f the legitimacy cif the sick leave claire. thed+ p rtrr a lead car designee may make reasonable inquiries about employee absences. The department may require medical LOCALNO. 1 _ 68 - 1999-2006 MOU S9CIM4• SICK LEA WE verificati., for an absence of tl reo (3) or more working days. The department also require medical verification for absences of bees than three ) 'working days forprobable cause if the employee had been notified: in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1 . falling tete employee's residence telephone number or other contact telephone number providedby the employee if telephone notification was not made i accordance with departmental. sick leave call-in guidelines. "hese inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.x: 2.' Obtaining thee �nployee's signature on the Absence/Overtime Recordor on another form established for that purpose, as employee certification of the legitirnecy of the claim. 3. obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee; to obtain a physician's certificate or verification of the employees illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as sbecifled above. LOCAL N4. 1 - 69 - '1999-2005 Mo .............. SEC77ON 14 - IM In absences of...49an. extended nature, re.qU .: i,n.n.g fit 00 ,s their y Ica i.ee n -oy the �ei :mp:i I t6bbtah i nStatement a 77 0-f gress, ah., anticipate, d -! � P %J -jo d: date will b4,:ab.lje .t return. -h e emp ogee wi which on 0 taworn a$ $p ove. men he. D rt t e � , ad are tesp s'ble for pa 9 proc �dUr6s which ISW ePIn e establishing tim eke will insure the SUbmi.s. sion, of, a time card. covering each emp oyee absence and for opera in. their, respective in g Pe..t..! offices accordance with thbise p0lioies and with clarifying regulations issued the Office of the n y. ,Im Ad bounty t inIstra .6r. To 116-1 assure p U uni orm policy application, the Director of Human Re' sources or designated management staff of the, County Human resources De ai me:nt should be contacted with respect tc sick leave deter mina about which the department is in doubt. 14.$ Ic A. An employee ph.. S: ally or, mentally incapacitated itated for the perfor imance of duty is subject to dismissal,; sus, suspension ot,derhotton subject to the ,, . ensior County tmployq,6s' retirement Law of 1937. An appointing authority after, giving .,n ti place : notice may an employee.. on leave if..the appointing authority ca ion i . has filed 'a' n appil � t or disability retirement for the employee, or whom the appointing authority LOCAL NO. 1 - 70 - 1999-2005 MOO SLCTIC,�l1t ?4 - St LEAVE believes to be ternporar ily or permanently phYSICally or mentally Incapacitated for the performance of the employees duties. B. An apppintirg authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, car the public, or which impair the employee's performance of duty, May order the employee to undergo at County expense and on the employees paid time a physical, medical examination by a licensed physician and/or a Psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist. recommends that treatMent for physical or mental health problems, including Heade, are in the best interests of the employe or the bounty In relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to. temporary or permanent disability shall be wlthout prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Director of Human resources may order lost pay restored for good cause and subject to the employee's duty to mitigate damages LOCAL NO. 1 - 71 - 1999-2005 Mou S C7'ON 14- S► K LEAVE D. Before an employe returns to work from any ab ser , illness or inuryher eveof ab :! r o disabilit leave ''exceed n fibro weals in du aatl€�n, tie appointir: � �� r the employee to undergo. at County expense a hysca , medical, ardor pycriatri examination yicensa physician, and may consider a repot of the finings on suer aarinaton if the report shows that such 6rnpeyee is physically or men a. incapecitad for the prforrharce of duty,' th p►o h in y a� such action Mesh deems oast a� o a � �daco WR ppropr ate pro ris c ns cif this l + U. E. 86,fa an employe l paced on al uhp. is leave cif absenoe car suspende, eco ase of �vsical or men al incapacity urn er � car above, the employee shall he liven netice of the, proposed leave of absence or suspension b letter or mem or ndur , eliveree pe ser alit' r y certified real, containing the follow n . 1 . A statement of th leave of absence or suspension proposed. 2. The proposed dates or duration of the leave er suspension °hich may be indeterminate until a certain pl ysi ai or rner tat health c+onditior� has been attained b the employee. A statement of th basis upon which the action is being taken. LOCAL No.. 1 - 72 - 1999-200 �foU SECT�C N 4 - SICK LEAVE 4. A Statement that the employee may review the materials upon which the action is taken. b. A statement that the employee.. has until a specified data (hot lass than seven (7) work days from .personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may plane the employee on a temporary Dave of absence, with pay- G. The employee to whom the notice has been delivered or mailed shell have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may he taken. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing statim specifically the basis upon which the action is being taken, de,ifiverint. 1 th ei order to the employee either personally or by mail, effective either upon personal delivery or deposit in the US Postal Service. 1. An employee who is placed on leave or suspended under this section may, within ten (1 0) calendar days after personal delivery or mailing to the employee of the order-, appeal the order in LOCAL No. 1 - 73 - '1999-2005 MC U SECTION14 1 4 :n Resources Direictor to, writing through th, e. H rn M6 a '�rltterl' ele+ tlon h lurnan ale Director waivincg the er pioyee% right to apeaI to the f hoard in o appeal # IsahCilty Review arbitrator, J. In the event of ars appeal eider to the Merit Board or the disability +'. Arbitrator, theIDloyee has the burden of proof to show that either: mena I health condition cited 1 . The phvsica.f the a pontin aruthoity ctoe not exist, or '. h+ physicalor mental healthconditi n dies exist, but it is not suf tient to, prevent, preclude, or impair the emp. ovee's perfcr~rrrrn66 o duty, errsnct sufficient to nd n er the health b aefet of the employee, ether employees, or the public. 1 , l r the apea is o the tlerit Board, 'the order and appeal shall be ftan omitted by the Hunan est t-es Director o te l ler'1 hoard for dear ng under tle eft oar's rccedc� res, Section 111:4-'I irlciusiue. edpal reports submitted in evidence in such hearings shall remain condenial nforrraion end shrll nit be a pari of the public record. L if the appeal is to a Qj$ab ity evie r Arbitrator, the ernp oyee n his representatives �nriil meet with the County's representative t6Z mutually LOCAL No. 1 - 74 - 1999-2005 MMU SECTION44-SICKLEAVE select the Disability ;Review Arbttratar, ;wha may be a de facto arbitrator, car phys�can, or a rehabilitation specialis.t, car same other recognized specialist mutually S l ct d by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability lkaview Arbitrator shall be binding on both the County and the employee. Scope of the /arbitrator's review. 1 . The arbitrator may affirm, modify or. revoke the leave of absence or susOension. 2. The arbitrator may snake his decision based only on evidence submifked by the County and the enPoyee. 3. The arbitrator may order back pay or paid sick leave credits forany period of heave of absence or suspension if the lease or suspension is found not to be sustainable, subject to the + rnploy e' duty t Mitigate damages. 4. The arbitrato-es fe es and expenses shall be paid one-half by the county and one-half by the employee or employee's union. UX Mrke-r , ensatan. A permanent non safety employee shall continue to receive the appropriate percent of regular motitl ly salary for all accepted: claims filed before January ( { Ct, +during apy peried Of cornper�sable temporary disability absence not to exceed LOCAL NO. 1 - 75 - 1999-2005 MOU y an r C r. r; +Ri i i+ r c la t f d f Counton , feria 200 , rr for emplo ees entitl6d to Workers' tom hs. tion shall be decreased frc rn ` °lo to Cdr ers' o �nsation beorns tax , the County; agrees to rsto ere tie original benefit ;€ rncntbi sla and tl�erties shall meet and confer with resdtundlnc increased cost. Ais el tla�t'rig 1 . '�ere ► three calendar day l 101 11- waiting period beforeWorkers" Cron �ensat on en its co rr ence. f the injured worker loses any irne on the day of Nnfr uy, that dad counts as day one (I ) of the waiting period. f the injured worker does riot Ice time on the date of Injury, the waiting period a th first three calendar dais the en�pl ree does not work as a result of the injury. `Clue time the er � oyee is scheduled to warp durtr10 this waiting nod wall be cpred to to _y be sickleave andor oen oorue r crdr + ei fir � rlrs' or penseti n the e n y�e must be under she care of a physician. erncrary cornpnstior is payable on the first three t3) days ofdeblir when the injurynecessitates hositaiaton, or when h disability os foueen t1 days. B. coat noir c I�ay. A pe�enen eta I-o ee shall receive 6% of regular monthly salary during any per �►d of coensae ternorry disability not. to exceed bne }re r. c usable ter nlo" y disailty absencefi� for the purpose of, this lection, is any, absence duet work connected LOCALNo. 1 - 76 - 1999.2006 MO ON 14 SICKLEAVE disability which qualifies for temporary disability iton. under. Workers ompenation Law set f6rth in Division of the lifornia Labor Cod e: then any, disability becorhes medically permanent end stationary, tl a salary pro , ided by this "erection shall terminate, ! charge shill be made against sick leave or vacation for these salary payments.. sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be +entitled o a rnaximum of one 01 year df continuing pay benefits Cal Continuingpay begins at the same time that temporar workers' orrpensaton benefits commence and continues until either the member is declared medid,aCly permanent st4 50 .ary, or until one year of continuing pay, whichever comes first provided the employee mains in ars active employed status, Continuing pay is autoratieally terminated on the date an employee is separated from Ccuny service by resignati+ n, retirement, layoff, or the employee is no lancer employed by the County, In these instances + Mpi ye+�s will be paid Workers' cmpensation benefits as prescribed by Workers ompensaion lavas. All continuing pay wil1 l be cleared through the County Administrator's Office, Risk Man; gw em division, Whenever an employee who has been injured on the job and has returned to work is squired by an LOCAL No, 1 - 77 - '1999-2005 MOU .......... 14 at#enin gL physician il ian� , tle ave work for tre atmen t rn hhours the employeeLha be aliowed ire OUpto three hbursfsuch 0 pa t t S t Si 0 LL reathbu IOyrLLL fit s Sa id t U e-L VlSjtsLare i�U ©ntill CiD ch d her the L b ginnin D' e n d Le. L I the LcL1 L aa d l e Ld a y wheneverpOs$lb Is PWSJ00p0jlSLonly # inuriesillnesses en -CeedbyLthe tun YL WQtR r d LPL OyeL D If an injured remains eligible for temporary rary LdisabilityL L L Lbey and dL LL L on e yea r L L applicablea salary wIILC6htJnupbLtht6gg Ive and/or MCatl6nra6bUSWitl �eSL toL COLML QatioLn fits LL -PL bene charges rg be L e t IL: L approved e e epLqL e: L L :th L Ld JJYL�L�L and�L L L i L ,LLL LLL��L�L emp�oye I f IYL L L JL: a salary L n Le a L jo �'LL LILS L a eL m ion; L L L L b AV W L L L vmp6 L LL,L LL'L'LL LL L:L t -L C orkip nsa Jon beneL # rill be L paid �j L prescribe byL e Mp d L Lt. L $YeeL�L L as dite th: I M p+ yen ern . L S L "WoLrk-erS L L L P L e r j -e tion, L J#ton E ReLhL L bf ita n LLL LL An oMj[L n L or LL r L who L I e nsatio eligible k IL g j e Sa t 0- and reabilidi L 6 temporary L 0(0 iy p ibi HILL wSL,h aL L SL eLdisability L LL :LL c68 Od c a cLLPoLte - L sh L eL nt v anbd tt[0naryWqtihUetLreeivalary inerratinc L �tiCk ea eL r vacation104 accruals L WIL W QL 0 r p LL L oLLp J: on terora J,SL aL lb IIt ber e. jtfl L L LL C C ruLa Is are oxhabse the r tlon te pora diSaLI1! enbe direCtly to the e LOCAL NQ. 1 - 7 1999-2Q05 I 8 - SECTION4 -MCK LEAVE F. Heatl insurance. rhe County contrlbution t1e emlre' cp furane fare car Fnues during the continuing pay' perioo and during integration of sick leave or vacation with workers' compensation benefits. G. Method of fnt .gra ion. n employee's Sick lea�re and/or vacation charged shall be calcufatod as fj C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation fora month S - M,onthly salary, For example; w = 9$g der month: Workers' ompensation S = $1$87 per month salary $ - 8 hours C = Hours to be charged to Sick Leave C'_ 8 1 - $90 $1,867)1 C'= 1 - {.8158} C = $ (.4242) C;,_ $.$ $ hours chargeable to sick leave 8 hours chargeable to 1Vorkers` Compensation 14.7 Reh.M,,b.1 i at ,2n w r ora, . Cin May , 1981 , the Board of Supervisors established a Labor-Management Committee to administer a rehabilitation program. for disabled employees. It is understood that the benefits specified above in this Section 14 shall be coordinated with the rehabilitation program as determined. by the LOCAL NO. 1 - 79 - '1599-2005 MOP" .......... S ON SECTI 15- CAM Labor-Management Commfttee.i. The Rehaibitit a, tion CC. nmrttee meet ithinsli -t y of ratlfcatron of this M 0The:i ' : ty [ schedule li iMrt t e meetings on quarterly bias`rs. 14.8 Accrual, :,, --- During. 4ae W, U t ft No employee who has been t raved leave without p y or an. unpaid military leave shall ccrue any sickleave credits dUrIng the time ofi such :leave nor shad empi0-Ypewh is k dit during the absent without pay accrue ste, leave crei: is absence. C X.T- A$TR0,P ic ILME5�OM6K ECTIO & 0 15.1 P eC nty�,.HumanR-esou s ro.9, Elmk In q6 u rce De Department will operate 66, catastrophic. eave Bank which. P 6 p 6 , 6 any County emOY who: has: is designed to assist paid ibior 6:6 :accruals exhausted all pai6 6dUe6: t a serious catastrophic illness injury,6 injury or Condition of the emolo We or dJht em e program. an al family �m: ber. Th tibllisb6,666 :6 ma ns, a e CoUntywide bank where!: ern who wl.. hes to n any ,is contribute may authorize that a, portion of histher accrued a vacation, cOmPensatory time,. holiday compe ns tory time 6 or floating holiday be deducted w those accounts) and i cred te d to the Catastrophic Leave bank. Erplcees may donate hours either to a specific eligible employee: or to i6 t ro. Pdeiedlm from Catastrophic the::: bank Upon approval,6 he Leave Bank May die transferred to: a requesting employees sick leave., account so that ernplo; may ng. e thus d status r A Io longer eriod� �of time,remain in paid e: financialt ss partially, ameliorating, the C: of the impact Hine injury, or. condition. LOCAL NO. 1 - 80 - 199:9-2005 MOU 5-156 15_ CAT ST#�C TROPHIC l�EA'f BANK Catastrophic illness or injury is defined asa critical, medical oorditir , n4rrrcr ►nlc1 Ir�npIrrrt or disability which manifests itself during employment. 1 .2 0P__eft ,, The play will be adMinstered under the direction of the Director of luman Resources The Human Resources Deprtnent will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the bank to the recipient's sick leave' account. Disbursement of accruals will be subject to the; approval of a six.... (6) member committee composed of three (3) members appointed by the County d inistrator and three ( ) members appointed by .the majority representative employee organizations. The committee shall meet as necessary to consider all request, for credits and shall make determinations as to the appropriateness of the request. `Tne cornmtteo shall determine the amount of accruals to be awarded for ern loyees whose donations are non-specific. Consideration of all requests by the committee M.41,31 be on an anonymous requester basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accrualsand shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent... status, must have exhausted all time off accruals to a level below eight (�� hours t€�tal, nave applied for a medical Dave of absence and have medical verification of need. LOCAL No. 1 -81 - 199J 2006 MOO ` TA TIQN 15 Donations are McVocab a unless the don. tion, to the , eii erplyee is denied. �c�natidns may in hbudy bldcks with rnirilrnurn d0natic n f not-16 than four �4} bpur peg 6ha fry a nc it vacation', holida.y floating holiday, ccs �p�ns tory time, or" holiday, co MpOns atortime accdunt . rn loyoo Who elect to do ate tt a ci in di ride fill fie ueseven ,y' Ve percent { ° of Mer &n.46an credited t� �1� � �l�d gel and tweniyA �►ercent ��l� cr�dit�d tb the atas ,(Opt IC Lave Bare. Ti'm donated gift be converted tc d or value and the dollar ralue uil be converted bad P0I si& leave accruals at the 'recipier is base hourly rate when tisburs d. Credits will not be an a t wi t our, fc�r-h�Or iasis. A11 co ds � aa �nputatianbasis, except that eplyees cin tither than a forty ( 0) Dour w e wi have hours p c -ated c rdir tc their status, 1 recipler t rill a inn, iced tb total of one thousand forty 3 hours or its euivaler per catastrophic erelt, each d+dnr.tillYe limited tcn+ hundred � erty � } fours der calendar year. No element Of this plan is �rievab e. ill appeals frOm either a denor or reciiert mil resolved on a flnl basis by the Director of Human l�e�aul"ces Na a rlp oye w 1 have any entit arnent to catas rop is peeve benefitsfte aerd cif Catastrbphc Leave will at th ez sde discretion of the corirnitee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for legis than six LOCAL NO. 1 -82 - 1999-2006 M+`u f "lonths. The cornrnfttee will be entitled to limit benefits rn acdordance with avc Mable Corltr'1butlC ns and to c se from among eligible applicants, on an anonymas basis, those who will receive benefits, except for hours donated to specific employee. In the event a donation is made to a specific employee and the cemrnittee determines the employee does not meet the Catastrophic Leave Bank criter`fa the donating employee rnoyuthbrize the hours to be donated to1he bank or returned to the dbn'or s account. The donating employee will bane fourteen ( 1 ) calendar days from notification to submit hislher decision regarding the status of their donation, or the hours will be irrevocab. transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient gill be returned to theatastropbic Leave Bank. Cll 16.1G .+ nra rayisdns The California sly progrm provides disability benefits beginritna, on the eight (8th) calendar day cif a un ifying disa sility unless the employee is 'ho pita,li ed Upon hospital izatian, benefits can_ be parable from the first +dad of the disability. if the dabilr exceeds f+ a teen (1 4) calendar days, benefits can b parable from the first day of the disability. The maxirnurn period of state disability payments is up to one (1 ) year. eterrnination of SDI payments and eligibility to receive payments is at the sIe discretion of the State of aifornia. LOCAL No. 1 - 83 - 1999-2005 MOO � Integra ion means that a np o e s mill tie C�'�uke �o use sic heave acruala ► stffereten themourt o the Cil p r�erlt nr the erpoe ` base rrtonth� 9alal' . int . ration + f sick leve with the Cl is ad Oma 1C al aple toa Sb66 t e r y es + : nC , the ep i to eht �1 appro nett integration acustrlens, inlding retroactive adustMents neves ar . E pl0 ees must inform their° dep�rt�ant of ho pit lizatior in ► timely manner in r rder� dor the depart,rn+�n# tc Ma e 'ap r p �i t ince rati�r a lst ner ts. t to C isabilit benefit par its MAbe gent irectl to the errploees at heir horns address Mete ► California. when there are it sufficibnt sic C l av accruals available to fu IV Supplement the diffarer��e +�tr�een tie SDI payment and the employee's base rr 0 ft l sala , at;croak other than sick leave uec . 'hese ocr�ais P used only to the etten that tcatal alentS ado not exod the erpioee' base onhi salary►. P'r+� eures �rnplees with rncre thin 1 . he ors of Sick le ve a ;r�aI at the be ln�i �c of the di a ilii ince rant n pen M't int rata freir b leave accrual u a e with their benefit to the � mom extent poasible. 1�vhen empbees have rs car less of Siol leave acerualS at this beinrrnc of the dialilt}�r ntraton period, the department shall auto r atioa l use 0.1 hour of sick leave; per month for the duration of their SDS benefit'. LOCAL NO. 1 - 84 - 1999-2-006 I OU INSURANCE(SDI) 'EINU-1 WY S TION 16 , STAV when sick leaveaccruals are totally exhausted, integration with the ll benefit terminates. errplcyee may use any other accruals without reference to or integration with the Sb benefit. When the SDI benefit is exhausted, sick leave integration terminates 'Then the employee may use sick leave or other accruals, 'Employees with no sick leave balance at the beginning of the disability integration period may use any ether accruals without reference to or integration with the SDI benefit. Employees whose SCM claims are denied must present a copy of thein claim denial to their department. The department will thea authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits ;M cion, for assistance in resolving problems. 16-3 MethW cif ntearatilo . Until an employee 'has a balance of 1 . hours of sick leave, the employee's sick leave accrual charges while receiving SD benefits shall be calculated each month. The amount of sick leave charged each emloyee will be calculated in the following manner. LOCAL No. 1 - 85 - 1999-2005 Mov S -ION ECT 16 , SIAXvw TY ` � percentage f base monthly salary not covered by the th e ours en ply ee`s sched� a that nurib r fl sick leave br3Ur �r�ril cbr saint the erplyee"s ieav acrtdl . For purposes of in r tion with the SCSI V �, all to l- time employes' schedul+�s will be cc averted tt - c�url�- day � �crk h d during' tl a period d of integration. The::fc rrnula far full-time emp oyees" sial heave int r tion char s is shown below: L [ - Irr�pl+� ee Bae �cnthty as Estimated Hug est Quarter (3. mos) Farm s IH - x 1 1f =� �eekl r T ene t fe rn Mata t f calif mi Di Weedy benefit Table c — a endar Days in a nnth Est. t o.,,, th y it l �enef t D ; (W :- ) x 1 L = v + � � ` ay Perna ner t part4ime p rrnanent-interrtn itten.t ernpl ye sy and these fU, time ernpi0yees �r rr n li hili nice l duty reduced s6h6d a pmran shill lave! their sicl ' leve integration adjusted acc+�rdinly. SICK eave me rat c r ti, t as the salary arnnUnt for the � of � schedule � employees' permanent ciassif�cati l a� $I'1C)1#�ln in the "'Salam" field :on the On-Erne 'ayro I Time a ort n ysterr Used by departments for payroll rep+ar R purposes. LOCAL NO. 1 - 86 - 1999-2005, OU � . r �0N "` AcG 17. 1�4'1/E: IhoUt„ Y. Any employee who has permanent status may be granted a leave Of absence without pay upon written request, apprc�veo by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shill be granted in accordance with applicable state and federal law. 70enera- I Amlristralar - .eaves c►f absence. Request for leave without pay shall be Made upon forms prescr"lbed by the irectOr Of Human Resource and shall state speci ca ly the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. heave without:pay may beraned for any of the follOwi ng reasons; I I[mess Or disability. 2. Pregnancy. Parental. 4. TO take a course of study such as will increase the employee's usefulness on return t0 the position. 5. For Other reasons Or circunnstances acceptable to the appointing authority. LOCAL. NO. 1 -87 - 9 999-2005 Mou i 17-,s ernp ;rn4. et- fa mly,, a're [ least thirty a before thabeave if the r for ' h I i foreseeable. If the. reed is not Pores eab e, � e�pI yee must providerittn notice to the ernplor Within eve ( d y of ' earnin of h event which need for farny care Leave arise. C. heave withou pad be f. a period not exceed one (1 Year, provided the ppintir � authority may extend such leave for ' additional p riods. Tl ocedur �r nti a to sior shall be the sane as that ire rrti tyle crigilal heave, rovied that the recu+ st for extnsar u�st be male riot later th thirty ceio 9—hdar day before fie a pitatibn of the tri it al Leave. . ' evertheless, leave: of absence for the erpiye 's serious health condition or. for`farrily care shall a granted to an ero�eee so requests it for ub to eighteen 8) weeks: in each calendar year period in accorarc rih Section 17.8 below. E. whenever an employee yee who has been granted a leave without any pay desires:to return before the expiration of such leave, the employee shall subrltit reuet tc the 00po Intin authority in 4ritin€ a lest fifteen 1 days in advance of the prop sec return . Early return is subject to prior approval by the appointing authority. The Human eseurces eprtleht shall be rotifiel promptly Of such return. LOCAL NO. 1 -88 - 1999-2006Mt')U S TlC '- LL�41/L OF ABSENCE F. ce # in the case df leave of absence s to fanny care, pregnancy, pregnanpy disability, illness, or serious health condition, the decision of the appointing authority on granting or ienying a leave or early return from leave shall be subject to appeal to the Cirector of Human Resources and not subject to appeal through the grievance procedure set forth in this I�� U. 1 ' cua s viout Pa ` " subject to the prior written apro�rai of the appointing authorty , err plo ee may elect to taro furlough deys or hours without pay pre-authorized absence without pays up to a maximum of fifteen 5 calendar days for any one period. Longer re-authorized absences without pay are +cc n i dere le vo ref absence rit out pa . rnplc yo s who take furlough time sha11 have Moir compensation for the portion of the month Worked computed in accord with Section 5.8 (Compensation for Portion of Month) of this, 1 IOU. l�u Mime anu part-tire omplpyoe who take furleugh tuna shall have tl err vacation, sick leave, floating holiday, and any other payroll corhpued accruals computed as hough they had worked tete furlough tune. WIi6 c6rr pati g yaCa,ion, sicl� leave, flo ting holir a , aid other accrual credits for 6' ibployees f10. taking furlough time, this proVAs-ion shall supersede sec#Ion 'l ;1 , �I , 462a d . of his ll U regarding the computation of vacation, sick leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, urough trine absen without pay with prior authoriatron of the appointing authcriy) shall be reported separately from other' absences without pay to the Audror-Controller. LOCAL No. 1 - 89 - 1999-2006 MOU The existing prcrar Sh cart nuCr Ie �f the ctret. !' ar Ani erp16yee Who 1srdred to serves a mrn r of-tie StateMiiti the united states r ay, N y Alr .orce, Madt � st rd or any division thereof hal �r hti milli a y ieeue for the peed + seviplus rirey daya. dditienaiy, any elmolloyee who vo un.. ers wr a d�u in �ciiiaticn ender Executive Order tersident on r s the pit +d t t a l r i d ate a, 7, in in fi er�nerr envy sh ii r n d leave ahsen inccrdnce wt aplih sttd car ederai tpen the tmination sub Service ' upon hcr + rie dlschare, t''te enplyee h ►e ertltied return tE hisher ositi ed serill er rcvied such still ersts end tie � ► c eriseuiie , Wit any ny Pis er l ee Wht� h 66 rantfitFY lav shall no by ruse cif �u�er an icssOT vatio i, ciidy, car prile� s which rerbe acsrudhtune spy Terre, her shall the BrnipicIII e US be I p:, rz;ejudidd, 'd: t6s; - - --- or ccninuatein errpiynnt, Ear Aures detr rain � iiiity said � trrnts "or warty r Cas la ►� ter prc�i a is na exa minat1vn, time iiitary leave shall he € rtdered a amiIm ty erne. Any etplye Whhas men rrtea military leave, ray upon return, he required to Burnish such eI. cif parcrance cif military serrrice r he r��rhe disehare LOCAL NO. 1 -90 . 19►99- 005 MOU SECT�3N 17. A$$ 111E the Director of Human Resod roes may deern necessary. 7. ar it care heave or Med ca �ea-0, Upon n request to the appo point nc au hari , in each ca n a year any employee who has permanent status shall be entitled to at least eighteen (18) weeps leave ([ass if "so requested by the employee) for. a. Medical leave of absence for the employee's own serious heelth condition which roles the employee unable to perorrri tho functions ref the emplpyee's position; or b, family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or faster care of the child by the employee, or the serious illness 0 health condition of a child, parent, Spouse, ar domestic partner of the employee. 17.6 CO-1 if-ca#ion. The employe may be asked to provide certification o the needfar farn.tly care leave or medical Dave. Additional ped0d{$ of family care or medical leave may be granted bar the appint'rng utharity. 17.7 Nnterrn0Ittent Use of Legge. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular bads, or may include reduced work schedules depending on the specific circurnstnces and situations surrounding the request for leave. The LOCAL. No. 1 - 91 - 19992005 MOO LPAY e hte rt 8 ray nc ode use of pprom. ate c' Vllibe peed IecVe e�rt as men ca� rUc� S rl"1aintain pay status, but use su+-h acc, not Ell recurred beyond that, specified SeCtior1 17.12: bete. Then ;paid 1e1Ue accruals, used � � a r ed�cel ar Par r y care lease, such t1Me sae carted as :az part the eweek ertterent. ?` rhe ser ► + r1 the St�c� l©r1 where husband arde sre beth er�ped Ohre +Ceunty the arr ily 'care ef' r ec is lu re + r ti err ant bee cin the birth, ► per ar fester cr a chi rimed to an areterrtb + r +�y toldlijeo sigee 8 Tees during each tale dear perie . Er�p eyries recrestin feriy care leave are required t edvse their appirtir~ ; afilprityes v�rer their spouse is alse em.ptqyedb�Ihe` ? eniicrder r°r edical ardrriy care eaves ec 10 ons apply: a. : beiol caped ecsterjl cbll, s ep+ hil 1, eg. l har , r r atee r a cl i # wh is under eilten yirs Of ale cr �errr an erppye stud p�ir erts der W. the em ployee is the �u rdi n or conser titer, or an act dependent child a the ernayee. b. Parent: A biolc ical toter, car adc�ptiue parents e step-parent, re�a uardiar , ccrrsrvator, car other per on, standir in loci► parr ti to child. LOCAL'['O. 1 -92 - 1999 2006 MOU ,A E ASSENCE C. : A partner in marriage as defined in alifo�rnia Civil Code Section 4100. d, Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the Common necessities of fife. e. Serious Health o dlt �►n: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and Involves either in care in a hospital, hospice or residential health care facility or continuing treatment or Continuing supervision by ahealth care pro.A. er ( .g, physician or surgeon) as defined by state and federal law. f, Certification for Family Care Leave• A written communication to the employer from a health care provider- of a per + n for whose care the leave is bung taken which need not identify the serious health condition invrlvd, but shall contain: 1 The date, if known, can which the serious health condition commenced. 2.. The probable duration of the condition. 8. An estimate of the amount of time which the employee needs to render care or supervision, LOCAL 'No, 1 - 93 - '1999 2005 MOU ---------- ........ -------- .........ii.,_......... statement tl a ser►d�S health Coo-dition arra' tfdo ,� C� I 1ethber to provide, care darn eri�d o rat nent or Sgper lslcn- f or ore t rner sC dine leau+ , the e Ifi On lOu d indldae that the intromittent car rdced leave scheduleecessar for the.,. careof the IndiViduelr In their receer , and sxp�ecte ur�ticn, ertificat t n t r ar it A al �,ea�re, A written cCrn un atibn trorb. l eatth c6re rovider of an elect witheri health to ,,d or illness t the �� i�h need not: identify tl a serious ea`th C nditic r involved, but shall contain, The data, krt � cin which the serious heath c+ n %tiers + crrrncrced, `rhe prcaal dratcn the cQndtcn, 3. A statement that the elayee IS unable to erl*C rC ,the fund ein ct the e�p�le ee's obi 4. It for interm'Ittent leave or a reduced work SCIIedUlee I ve, the Certification sl o ld Indicate theiibil d �l necs e for the Interrttent leave car reduced le SC1edule �d its ex ectd duration, LOCAL NO. 1 - 94 - 1999-2005 MOU S CT 7- L9A D ASS* Cyr h. Go arab a Posh p slt on with the Same or similar duties and pay which can be performed at the same or sfrnllareographc location as the position held prior to the leave. ord nar l.,, the fob assignment will be the same duties in the same or gram area located in the same city, although specific clients, caseload, co-workers, s�uper�visar s) or .other staf it may have changed during an employee's leave. 17�. I �re+�nar�+cy D I I t Leave. Insofar as prenncy disbili leave is us77 ed underction 1 .3 � ($ick Leave Utilization for Pregnancy Disability), that time will nod ► considered a part of the eighteen 8) geek family care heave pent d. 'I7 4-4 Grol.0deal# an ccs re a e r ployees who wereerhbers ofnf tb 4..group health plans prier to commencement of their leave cf absence can maintain their health plan coverage with the County contribution by maintaining their MpIqyrrient in pay status as described in Sedtion I 7. During the eig%teen 06) weeks,, of an approved medical or farniy core leave under section 17.5 above the cunt wii continue its contribution for such healtf plap cravereren if ccrual are:not available for use t0 minteina status as rewired under section 17.1 . in order to maintaih such coverage, ernpiyees are requirod to pay timely the fall employee contribution to maintain thein group health pian coverage, either through payroll deduction r�r b paying the ouunty directly. LOCAL No. 1 - 95 - 1999-2006 MOO Js A. AI Sen e. W n- t � ir�t eve ani ce lm h Ut l a y an em e ► a elect o 0) nt in day :status int us n a�a a 1 Sick Barr (if 6.6 roti ed under 8e�tien . - I�nliG es Governing � � fi � i � l ure va afion, f r at n9 l oli+day, c p res t �� or ether accruals car erA lethents� in ether %Orris, daring the firstvelve mo .4 a learre t� aserce riticut la rear be „brbl6n" iritc gents and accruals usedn e rrrtb e t the e � l,.O a s i cretic n. after the first t e v ' Montt the gave pe. �d r a r�c� b into segments and accruals mai nc�t �e used, except when rewired LM Benefit ccrnti ►� c►r tic �ea�r rtreterr as prtviced � icn ire heectcns � B. ar+s of MOM va �rir�9 the eihen pelf an ►r � d rrnecl cr f�rri creme, if a � � tn that leave � le a aleave: + fi 666 01 a , the rr le i a real tc usefa . hurf scl cif sty entitled n r + cti+ r I . - I'�'ilic es c�vernir tie def Pi+dcl ' Lee vaat�+ n float .- heli a�►, �� n � �� t�� ear c� ctl�er accruals er AM then f such are avilale, althcul a tf aditicral acciirul iserrri under spa section ,A. move. LOC AL t O. 1 - 96 - 1999-2006500U SECrI '►ht 117-- LE E OF ABSENCE C Leae � �en�e/Lan 'erg lisahii LTCB Benefit 000rdin..On. n e I i ►le ernplo ee f� files an LTD, clairn and cancurrentlr fakes leave cif absence ri hou O i a r € u r o use accruals asprovided in Sedtic n V herein during the eighteen ( 8 week entitlement period of a medical leave specified above. If an eligible employee ont nuesbe�cnd the eighteen (1 ) week entitler�nent pedo: an a cc�ncurrent leave of absence/LT clairn, the er ►laee may oose to maintain frhar� day status cry as aIla+d radar subsectirn . herein. D. Sicklama accruals may not be used during an leave of absence, except asIlouued under Section 14.3 - Polices Gevernin the tse of I'eid dick Leave. IT 012,13 , .cave of sence ft acement and �e he aterrent. n e rnanent er to ee ' who, requests reinstatement tv the classification heIdr the emP.Icee in the carne d, me et the time the ernpoyee was grn�ted a Ieave cif absence, hal be reinstated to a poo, Itis n in thatclass Tcat on and de artn e Ot and then only r on the bads cif senioritV. In case cif severance from sem ce b reason of the reinstatement of a permanent emloae, the previsions of Section '1 '1 v�orkrorce Reducti+c; rlL<acfffIeesgmen shall alar. 1" A4 �eaec sr uri In, the C2 01 rnent Human Services a artrnen an erri ovee shad have the r"ght to return t€ the carr a class, buiidin , and asicnrnent LOCAL'NO. 1 - 97 - 1999-2005 Moi .,:..,.r. ,. �,...€. ._.:.A. ... -.:.x..... yr ,., , (position control nurr �or) if the r+ turn to workWltlln al 6s ti, o" PpOthtihigi A thor� onont11.ir �n opo eartrrient shall noir eMPloe +� th+ dto be/S roturn t assind o � � potiot central nurner. ke 11- I'M db n case oarrl n er r a cin a 4U s+ ft u + r � t the +�r dorn ara61 tion the + to �c � ager no more than ninety ( 0) wort lost l�; u�e froom the iiia date of a continuous lease, noldir accrua , or writ�ir� the e u ual nt on an M, t War chedul A full" mp o ree t l in h irit�:r�itt int 4r reduc€�c work SC leavehal reinstatd o heae or comparable position if the return to wo�rl on t`ul sc edu e is after no rn re than seven 'hundred t rent (7'20) hours, including use accru s, o it terr�itten o re. d � schedule . At tirhe the orl ig n l learn d, the edirtir oth + � 1it the I rtri o the dinar date td raturn to Wor � er the rrna�irnurn r�urri ►eir of fours in Order t uarant reinstt :rrient to the �ar�e or cnm ora a o Joh An erg to reg on schedule other than Flo slat tle tine trarne dor reirtaternnt to the see or :orr7 argyle �►oiticr odll usted on fro rete basis. ?'* at He ► of Absence. The, srr of en rraye+e rrho Jerre of abs�enee fro + po t o f ph t r� nolo r date LOCAL No. 1 - 98 - 1999-2195 MOU SECTION 1$°- JURY DUTY AND WITNESS DUTY and who has not been absent from the positron on leave without pay more than: six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military' leave shall receive salary increments that may accrue to them during the period of military leave. 17.17 Unauthrqrized Absence. An unauthorized absence from the work site or failure to report, for duty after a leave request has been disapproved, revoked, ;or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action'. 17.118 Lion-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. SECT ""N:1 8 - J URY DUTY`'AND WITNE SDUTY 1881 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court; a. When called for jury duty, County employees, like other' citizens, are expected to discharge their jury duty responsibilities. b. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. C. If summoned for jury` duty in a Municipal, Superior, or Federal Court, or a Coroners jury, LOCAL NO. 1 - 99 - 1999-2005 MOU SECTION 18 - JURY DUTYAND WITNESS DUTY employees may remain in their regular County pay status, or they may take paid leave (vacation, eating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. d. When an employee is summoned ` for jury duty selection or is selected as a juror in a Municipal, Superior or Federal Court, employees may remain in a regular 'pay statusif they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: 1 . If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required 2. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. e. Employees are not permitted to engage in any employment regardless of shift assignment or LOCAL NO. 1 100 1999-2005 MOU SECTION 18 JURY DUTY AND''WrIVESS DUTY occupation before or after daily jury service that would affect their ability to properly serve as jurors. f. An employee on 'short notice standby to report to court, whose job duties make short notice response impassible or impractical, shall be given alternate work assignments for these days to enable them to respond to the court on short notice. g. when an employee is requiredto serve on jury duty, the 'County'will'adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their' service, unless the employee requests otherwise h. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 18.2 witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department' may remain in their regular pay status and turn over to the County' all fees and expenses paid to thein other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident sprits and family relations) shall take vacation leave or leave without pay and retain all witness fees pail to them. LOCAL NO. 1 - 101 - 1999-2005 MOO SECTION 19 - HEALTH, LIFE & DENTAL CARE Retention or waiver of fees shall be governed by the same previsions as apply to juryduty as set forth in Section 18 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 19 - HEA .TH, LIFE & MI ITA - CARE 19.1 County Proarams. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage through December 31 , 1999 to all permanent employees regularly scheduled to work twenty (20) or more hours per week. Effective .January 1 , 2000, the County will offer Group Benefit Programs for medical, dental and:,life insurance 'coverage to all permanent employees regularly scheduled , to work twenty (20) hours or more per week as described in the September 30 1999 agreement (Attachment N). between the County and the Labor Coalition. 19.2 Rate llnformatic n. The County Benefits Division will make health and dental pian rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 19.3 Medicare Rates. Corresponding Medicare rates for employees covered under this M,OU shall be as follows; for Employee Only on Medicare by taking the Employee LOCAL NO. 1 - 102 1999-2005 MOU SECTION 19 - HEALTH, LIFE & DENTAL CASE Only, Fete for the option selected and subtracting the monthly, Fart B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependents) rate for the option selected and subtracting the monthly Fart B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Fart B Medicare premium withheld from Social Security payments for two enrollees. 19.4 Parti l Month. The County's contribution to the health plan premium is payable for any month in which the employee is paid if an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller.. The responsibility for this payment ruts with the employee. if payment is not made, the employee shell be dropped from the health plan. An employee is thus covered by the health plan for the , month in which compensation-is paid. 19. !�Ove! aae C3urina ,Absences. An employee who is on approved leave of absence may convert to 'individual health plan coverage within thirty (30) days of the commencement of leave. Employees' shall be allowed to maintain their health plan coverage at the County group rate for twelve' (12) months LOCAL NO. 1 - 103 - 1999-2005 MOU SECTION 19 = HEALTH, LIFE & DENTAL. CAFE if on approved leave of absence provided that the employee shall pay the entire premium (i.e. both employer and employee share) for the health plan during said leave. Said payment 'shall be made by the employee at e time and place specified by the County. Late payment shall result in cancellation of health plan coverage. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health planoption (if 'available) or continuing group coverage subject - to the provisions of the Consolidated {omnibus Budget Reduction Act (COBRA) provided the employee pays the entire cost` of coverage, plus any administrative fees, for the option selected The entire cost of coverage shall be paid at a place and time specified by the County.. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. 19.6 Retirement Coverac e. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence'' without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County,, or converting to individual conversion membership from the County plan through the medical plan carrier, if available. 19.7 Deferred Retirement. Effective two (2) months following an approved agreement, employees who resign LOCAL NO. 1 - 104 - 1999-2005 MOU SECTION 19 - HEALTH. LIFE DENTAL CARE and file for a deferred retirement may ;continue in their County gaup health and dental pian, the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the- employee must: I Be qualified for a deferred retirement under the 1937 Retirement Act provisions= 2. Be an active member of. a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. Be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement. 4 File an election;. to ;:defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty ( 0) days; before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred LOCAL No. 1 - 105 - 1999-2005 MO U SECTION 19 HEALTH, LIFE& !DENTAL CARE retirement at their full personal expense, by paying the full premium for their health end dental coverage on or before the 1 1 th of each month tO the Auditor-Controller. when they begin to receive retirement benefits, they will qualify for the same health and/or dental pian coverage and County subvention to which retirees who did not defer retirement are entitled. ' d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their County health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and County subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group` health' and/or dental plan with County subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four ( 4) months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees.' LOCAL NO. 1 - 106 - 1999-2005 MOU SECTION 19 - HEALTH, LIFE &DENTAL CARE 19.E Du.aMffl Ifa husband and wife both work forthe County end one of them is laid off, the remaining eligible shall be allowed to enroll or.transfer Into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll` or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 19.9 PERS.Long,Term Care,. The County proposes to deduct and remit monthly premium and eligible lists to the PE Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and ,voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Lang Term Care on County facilities during non-work hours. (i.e: coffee breaks, lunch hour). 19.10 4001.4h. Care..Apendina Account. The County will offer regular full-timeand part-time; (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre LOCAL No. 1 _ 107 - 1999-2005 MOU SECTION 19 - HEALTH, LIFE & DENTAL CARE determined amount of money from their paycheck not to exceed $2400 per year, for health care expenses not. reimbursed by any other health benefits plan with before tax dollars. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Effective January 1 2000, this amount shall be increased to $3000 per year. Any unused balance cannot be recovered by the employee. 19.11 Conflc entlaUly of tnformatian/Records. Any iirrrrrr^uri.+.nri r y rim.. use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 5+6 to 56.26). 19.12 Child' Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kid's at Work" program established in the Public Works Department. 19.13 Health Care oversight Cor iftee The County and the Health Care Oversight Committee, as a subcommittee of the County and the Labor Coalition, shall seek and secure mutually agreeable options of health plans which provide improved portability" for participants. A. The County and the Labor Coalition agree that the joint labor./management health Care Oversight Committee shall consider the following issues.' 1 . Improve the appointment scheduling for CCHP. LOCAL NO. 1 - 108 1999-2005 MOU SECTION 20 - 090SA FIONARY PERIOD 2.... Reduce the wait for pharmacy orders for CHP 3 Expand the portability of CCHP. 4 Improve vision care coverage. The Committee shall report its findings to the County and the Labor Coalition by no later than July 1 , 2004 following which, upon request, the parties will meet and confer regarding options. SECT11ON 0 - PROBATIONARY PERIOD 20*1 0uratlon. All appointments from officially Promulgated employment lists for original entrance and promotion shall be subject to A probationary period. For .original entrance appointments, the probationary period shall be from nine (g) months to two ( ) years duration. For promotional appointments, the probation period shell be from six months to two (2) Mears duration. Q. Classes with Proaiena 'erid Iver lhltne fthths. Listed below are these classes represented by the Union which have probation periods in excess of nine (g) months for original entrance appointments and six (6) months for promotional appointments: Agricultural Biologist Trainee one ( year Animal Services Officer - one (1 ) Year Apprentice Mechanic - two (2) years LOCAL NO. 1 - 109 - 1999-2005 MOO SECTION 20 PROBATIONARY PERIOD Deputy Probation Officer I - one ('1 ) year Deputy Public: Defender - one (1 )'year Family Support Collections Officer - one (1 ) year Probation Counselor I - one (1 ) year Public Service Officer - one O year Security Guard - one (1 ) year Weights & Measures Inspector Trainee - one (1 ) year 20.3 Revised Probationary Period. ' When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period.. 20.4 Criteria. The probationary period shall date fro the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under ;provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of wort connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a nine (9) month probation period, probation will be considered completed upon serving fifteen hundred (1500) hours after' appointment except that in no instance will this period be less than nine (9) calendar months from the beginning of probation. If a . permanent-intermittent probationary employee is reassigned to full-time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. LOCAL NO. 1 _ 110 - 1999-2005 MOU SECTIONZa -'PRODATIONARY PERIOD 1 21ect��n l� ►r��h..� ��;�,. An employee who is refected during the pr.obatic�n period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed, A. Appeal from Rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious or, union activities, or race, color, national origin, sex, cage, disability, or sexual orientation B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds far appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection, C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rei.ect on may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the .:Merit Board rules in which proceedings the rejected probationer has the burden of proof. LOCAL NO. 1 - 111 - 1999-2005 111 OU SECTION 20- PROBATIONARYPERIOD D If the Merit Board finds no probable cause for a hearing, it shall cent' the appeal. If, after hearing, the Merit Board upholds the appeal, it shall 'direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 20.6 Requi.arAmorn meat. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee; during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly previsions of this Memorandum, without notice and 'without right of appeal or hearing. if the appointing authority has not returned the probation report, aprobationary employee may be rejected' from the service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary' employee 'has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular' appointment shall begin on the stay following the end of the probationary period. Notwithstanding any other provisions of the IlOU, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred' from an eligible list, shall be LOCAL NO. 1 - 112 - 1999-2005 MOU SECTION 20 - PROBATIONARY PERIOD restored to a positron in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within 'six ( ) months after being promoted or transferred from e position in the Merit System to a position not included in the Merit System shall be restored to a position in the' classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the :employee receives the affirmative recommendation from the appointing authority and is certified by the Director of Human Resources whose decision is final. The Director of Human resources shall not certify the name of a person restored to the eligible Inst to the same appointing authority by whom the person was refected rom the same eligible list, unless such certification is requested in writing by the appointing authority. 20.7 Layoff. I urtrrq Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from e layoff or reemployment list is subject to a probation period if the position is in a department ether than the LOCAL No 1 - 113 - 1999.2005 rV OU SECTION 21 PROMOTION department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff, An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 20.8 Rejection During Probation of La +off Employee. An employee who has achieved permanent status in the plass before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, 'unless discharged for cause, if the, person is within the 'period of layoff eligibility. The employee shall begin a new probation period of subsequently certified and appointed in a different department or classifications than that from which the employee was laid off. SECTION 21 - PROMOTION, 21.1 Com etitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MCU. 21.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 21.3 OpenExam. If an examination for one of the classes represented by the Union is proposed to be announced on an Open only basis the Director of Human LOCAL NO. 1 - 114 - 1999-2005 MOU SECTION 21 - PROMOTION R60,urc O' s shall give five ( ) days prier notice of such proposeded anneuncen ent and shall meet at the request of the Union to discuss the reasons for such open announcement. 21.4 Pro via ec assifig.. . ion wAhout Kj13 na" I2n. Notwithstanding other provisions of this section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and ' responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for six { } months. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approvalof the 'Director of Duman Resources . e. The 'Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. LOCAL No. 1 - '1't tJ - 1999.2085 II OU SECTION 21 - PROMOTION 2'1.5 Re uirements for Pro motional tan+din . In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list.; 21 .6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy (70) percent or more, shall receive, In addition to all other credits, five one-hundredths of one percent ( 05%) for each completed month of service as ::a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be 'included in the: final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 21.7' Release Time for Physical Exa nation. County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at county expense, LOCAL NO. 1 - 116 - 1999-2005 MOU SECTION 22- TRANSFER & R AS51GNME11 r $gqW,N9 22 - TgANAPIER,A 9M NA 22.1 Transfer C2nd t�� The following condition are required in order to qualify for transfer. a. The positionshall be in the same class, or if in a different Mass shall have been determined by the Director of Human Resources.. to he appropriate for transfer on the basis f �Inim ren c uel fldations and qualifying procedure, b. The employee shall have permanent status in the merit system and shell be in good standing, C. The appointing authority or authorities involved; in the transaction shall have indicated their agreement in writing, d. The employee concerned shall have indicated agreement to the change in writing, e, The [director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer ,may ,also be accomplished through the regular appointment procedure provided that the Individual desiring transfer has eligibility on a list for a class for which appointment is being considered, 2202 TLansfer eotl cy. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire LOCAL NO 1 - 1"17 - 1999-2005 MOU SECTION 22= TRANSFER a& REASSIGNMENT stating the reasons therefore. The Director of Human Resources shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing` authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. 22.3 Ft, a►s gni ent of Work 1. ► Ilion. Employees desirous of reassignment to aposition in the same classification at another work location shall submit a request for reassignment in writing to the Department Head. When openings occur in various work 'locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of 'employee's residence from desired work location and relative length of service of the applicants for a particular location. The Department Head or designated representative "shall ;make the sale determination as to assignment of personnel, except as otherwise provided in the supplemental sections of this MOU. This prevision applies to intradepartmental reassignments only. This provision for work location reassignments applies only to the following units: Agriculture Unit (excluding the Weights and Measures Division) and Library Unit. 22.4 Volurata Reass nment c 11r� Procedure, The below listed procedure shall apply to the following groups of employees: the entire General Services and Maintenance Unit, the entire LVL- Attendant/Aide Unit, the LOCAL NO. 1 — 118 — 1999-2005 MOU SECTION 22 . TRANSFER & REASSIGNMENT entire health Services Unit, Probation counselors in the Probation Department and that portion of the Engineering Mbit in the Public Works department. Permanent employees may request reassignment to vacant permanent positions in the same classification or in the same 'level of their deep classification. All permanent vacancies will`be offered for bid to presently assigned full- time, part-time and permanent-intermittent employees for reassignment. Nothing herein precludes the making of temporary' reassignments not entailing the filing of vacant permanent positions. The following procedures shall apply: a. Responsibility. ,Implementation of the reassignment procedure is the, responsibility of the supervisor of the position which is vacant. b. acanctices Posted. vacant position notices for positions which area to be filled shall be posted for seven ( ) calendar days. The notice shall specify job characteristics and shall be posted only 'once The supervisor may begin interviewing bidders immediately upon posting the bid notice. If the supervisor receives less than three (3 bidders, he or she may fill the position by using the Men't Men' System eligible list or by. making internal reassignments. For purposes of this procedure, a bidder is an employee in the same class who is eligible to bid under Section d, following, and who meets all the minimum qualifications for the position including any specialized requirements such as bilingual ability, position flag LOCAL No.'1 _ 119 - 1999-2005 MOU SECTION 22 - TRANSFER & REASSIGNMENT requirements, and who submits a bid on the position C. All Vacancies Must he Posted. All vacant positions which may occur by creation of new positions,' separation, promotion, demotion or reassignment must be posted for permanent employee bidding. d. who May Request_Reassignment. .All permanent full-time, permanent part-time' or permanent- intermittent employees may request reassignment to any open permanent position in the sae classification or in the same 'level of a deep classification anywhere' else in their Department. e. Who May Not Request R asgignment. Employees who aro in a temporary status or provisionally appointed to a permanent position may not bid for reassignment under this procedure. f. Employee Selection. If three (3) or more employees bid on the position, the 'position shall be filled from among the three (3) most senior bidders. For the purposes of bidder selection, the "Rule of 3" shall apply. That is, the supervisor is entitled to select from three (3) candidates and the three' (3) most senior may be considered as equal. Seniority for bidding purposes means classification seniority for layoff purposes. If two (2) employees bid, the supervisor shall be entitled LOCAL NO. 1 - 120 - 1999-2005 MOu SECTION 2Z . TRANSFER & REASSIG T to one ( additions name from an eligible list. If one ) employee bids, the supervisor Shall be entitledo two ( ) additional names from an eligible list. If no employees bid, the supervisor may fill the position from an eligible list or otherwise in accordance with the Personnel Management Regulations. The, supervisor shall offer to interview all candidates either in person or on the telephone. Subsequent to submitting a bid, an employee may waive consideration for the position at any time by notifying the supervisor verbally or in writing in which case the next most senior bidder (if any) or candidate from the eligible list may be considered. The remaining active bidders will be advised within ten (1,.0), work days after the posting is removed whether they have been selected or the status of their bid. If requested by the employee, supervisors shall give an employee in writing the reason(s) why he or she was not selected. g. leo cold Job Claim. The selected employee shall have no claim on the job(s) he or she left. If a decision is made by they employee to seep immediate reassignment, th \employee may only be placed in another vacant position ' in accordance with this policy. h. Bidding while on Leave. Employees interested in a particular assignment and wishing to be notified of an open position while on vacation, sick leave LOCAL No. 1 - 121 - 1999-2005 NICU _ _ ............. .......... ............ SECTION 22 TRANSFER & REASSIGNMENT or leave of absence (not scheduled day off) may leave a written notice or a self-addressed stamped envelope with the supervisor of the position they are interested in. 1. Probationary and New Assignment Bi Employees who are on probation or who have been in a new work assignment for less than three (3) months, may bid for a vacant position which is open. The bid will be considered if, when bidding is closed, there are less than three (3) employees who are not on probation or in new assignments who have bidfor the position. Bids from employees on probation or in new assignments will be In addition to any names referred to the department through the certification process described in Section 22.4-f unselors who have above. Probation 0 completed three (3) months of their one (1 ) year probation may bid the same as all other permanent employees. LOCAL NO. I - 122 - 1999-2006 MOU ,SECT M 22 -,TRANSFER & REASSIGNMENT Lir SST t U '� L OL� LS NO. I SID NOTICE TO: Permanent Employees in the class of FROM: Name Tide SUBJECT: NOTICE OF OPEN POSITION Classification Peition No: Level: Position Type: FT. PPT P-1 — (If deep classification) Department: Di usion: Geographic Area: (East, West, Central) Worksite (street address, etc.): 5hifttHQcrs: Days Off: Other Requirements (i.e., bilingual ability, position flags): All ellgble full time, perrnnannt part-time, or permanent-intermittent employees in the above classification interested in this position, submit bids IN WRITING-on Farm 103 (WIDSI) to Name Dip, Time of lay Posting Date: Renoval Gate: LOCAL. NO. 1 - 123 - 1999-2006 MOU SECTION 22 -TRANSFER & REAST 22,5 Involuntary Ieasignmeit Procec re The below Lasted procedure shall apply to the following croups of employees (except in the case of layoffs where Section 22.8 governs). entire General Services and Maintenance Unit; entire LVN/AtendantfAide Unit; entire Health Services Unit; ProbationCounselors in the Probation Department; and that portion of the Engineering Unit in the Public Works Department.. Department management, at its sole, discretion, may determine from time to time that involuntary reassignments of staff are required. Involuntary reassignments are the reassignments Of permanent employees in their existing classification to a new worksite, shift, or program area. Such decisions may result from inability to fill a vacancy through the voluntary reassignment procedure or from a determination that excess' staff are allocated to a certain site, shift, or program. When such: decisions are made and the reassignments are permanent, the below listed procedure shall apply. This policy shall not apply to temporary reassignments of less than eight (8) weeks duration to cover such things as vacation relief, sick leave absences, temporary shifts in workload, training assignments, or temporary short term assignments to cover vacant positions which Could not be filled through the voluntary reassignment policy and for which actions' are underway . to fill permanent from an eligible list. If a temporary reassignment is expected o exceed eight (8) weeks in duration, the affected Department shall either use the below listed procedure or will meet and confer with the Union on a case by case basis regarding an alternative approach: LOCAL NO. 1 124 1999-2005 MOU SECTION 22 • TRANSFER & REASSIGNMENT a. ` Management will identify the classifications and positions from which reassignments are necessary. b. Affected employees will be provided with a list of vacanciesl assignments for which they may apply. C. Affected employees shall be given the opportunity to: volunteer for the available vacancies/assignments and shall be considered in accordance with Fart f. of the voluntary reassignment procedure. d. If there are insufficient volunteers for the number of available positions or no volunteers, and involuntary reassignments are still reclulred, the bast senior 'qualified affebted employee shall be reassigned to the vacant assignment identified by management, followed by the next least senior employee, and so on in inverse order of seniority until all necessary reassignments are completed. Qualified is defined as a person possessing the necessary training or experience for the specific assignment. Senio, j for involuntary reassignment' purposes shall be defined as seniority within classification. Nothing contained in this Section shall prohibit the department and the Union from making a mutually agreed upon alternative arrangement. LOCAL NO. 1 - 126 - 19,99-2006 MOU SECTION 22- TRANSFER & REASSIGNMENT In no event shall reassignments be utilized for disciplinary purposes. 22.6 Reassianment Due to Layoff or D11spla.cement. When reassignment of an employee or employees is necessary due to layoff or displacement, the following procedures shall be followed: a. A list of vacant positions shall be posted in work areasof all affected employees for a minimum of five (5) work days. b. Employees shal be given the opportunity to volunteer for vacancies and shall be reassigned on the basis of seniority, C. If there are no volunteers for reassignment, the least 'senior employee(s) in that class shall be reassigned. d. Management shall have the sale prerogative to select the vacancy to which the least senior employee(s) shall be reassigned Seniority for reassignment purposes shall be defined as (in Section 11, Layoff) seniority within classification. If reduction or reassignment by site is necessary, the least senior 'employee in the affected class at the site shall be reassigned. If reduction or reassignment is necessary by shift, the least senior employee in the affected class assigned to the affected shift shall be reassigned. Nothing contained in this Section shall prohibit a LOCAL NO, 1 - 126 - 1999-2005 MOU" SECTION23 - RESIGNATIONS [department and the Union from raking a mutually agreed upon alternative arrangement. SECTION g3.- RESIGNATIo ► An employee's voluntary termination of service is a resignation. written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall, be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 231 Resig,pgtllon, In Goad Standing. A resignation giving, the appointing authority written notice at lust two (2) weeks ire advance of to last date of service (unless the appointing authority rewires a longer period of notice, or consents to theemployee's terminating on shorter notice) is a resignation in goad standing. 2 * +nstru cWtI re fie r n. A constructive wwrrw.r.+++�rr >Irrrrr.++.�rirr.rrir.uw�inrru�... +r.r rawr� resignation occurs and Is effective when. a. An employee has been absent from duty for five ( ) consecutive Working days without leave, and b. Five (5) more consecutive work days have elapsed without' response by the employee after the receipt of a registered or certified letter citing a notice of resignation by the agpoi'ntinauthority to the employee at the employee's last known LOCAL'No. 1 - 127 - 1999-2005 IV oU SECTION 23 RESIGNATIONS address, but no more than tan (10) 'working days from mailing of said notice. 23.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative on that date or another date specified. An employee who resigns without advance notice as set forth in Section 23.1 may seek recession of the resignation and reinstatement by delivering an appeal in writing to the Human Resources not later than close of business on the third (3rd) calendar day after the resignation is effective. Within five (5) work days of receipt of the appeal, the Human Resources Director shall consider the :appeal and render'a final and binding decision including,;; if applicable, the date of reinstatement. 23.4 Revocation. A resignation that is effective is revocable only by written concurrence of, the employee and the appointing authority, 23.5 Coerced Resianations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy to the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall LOCAL NO. 1 - 128 - 1999-2005 MOU SECTION 24- DISMISSAL, SUSPENSION, TEMPORARY LN PAY, AND DEMOTION be revoked and the employee returned to duty efec ive on the day following the aPpointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless within seven (7) drys of the receipt of the notice, the appointingauthority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 25 of the MOU beginning with Step 3. D. Disposition. If a find decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked I and the employee returned to duty effective on the day fallowing the decision but without loss of seniority or pay, subject to the employee's duty to Litigate damages. SgCTION, 24 -013MISSAL. SUSPENSION, TEMPO Rr 'I"`IhI 'AY '+IG CIoTltl 24.1 ufflej ;nt Cause for Acflon. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. The reduction LOCAL NO. 1 - 129 - 1999.2005 MOU ............... ................ ............. SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAYjAN6 DEMOTION in pay may not exceed five percent (5%) for a. three (3) month period. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal suspension or demotion may be based on reasons other than those specifically mentioned: a. Absence without leave. b. Conviction of any criminal act involving moral turpitude. C. Conduct tending to bring the merit system into disrepute. d. Disorderly or immoral conduct. e. Incompetence or inefficiency. f. Insubordination. 9. Being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours cin n County premises. h. Neglect of duty (i.e. non-performance of assigned responsibilities). i. Negligent or willful damage to public property or waste of public supplies or equipment. LOCAL NO. 1 - 130 - 1999-2005 MOU SECTION 24 -DISMISSAL., SCIS08kSION9, TEMPORARY REDUCTION IN PAY, AND DEMOTION j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head. k. Willful violation of any of the provisions of the meritsystem ordinance or Personnel Management Regulations. 1. Material and intentional misrepresentation or concealment of any fact in connection with obtaining employment. M. Misappropriation of County funds or property. n. Unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this M.M. o. Dishonesty or theft. P. Excessive or unexcused absenteeism and/or tardiness, q. Sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual,, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. LOCAL NO. 1 - 131 - 1999-2005 mom SECTION 24 - DISMISSAL, SUSPENSION, 7"€MPORARYRI)UCTION' IN PAY, ANODEQTION 24.2 Skew Regu11rernents. Before taking a runrari mn in.r disciplinary action to dismiss, suspend for more than five (5) work days (four (4) work days for employees on a 4/10 work week), temporarily reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified snail, on the employee, a Notice of Proposed Action, which shall contain the following: a. A'statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action 'is based. C. If it is chimed that the employee has violated a rule or regulation of the county, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority, either orally or in writing. 24.3 Employee esponse. The employee upon whom a Notice of Proposed Action hes been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed LOCAL,NO. 1 - 132 - 1999-2005 MOU SECTIO 24 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION �N FLAY, AND DEMOTION action may taken. pcn request of, to employee and for 6good cause, the appointing authority may extend in writing; the periodto respond. If the employee's response is not 'filed within seven 7) days or during an extension, the right to respond is lost. 24.4 eave 'end r r + ee Res e. dina response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause sPeciTled in writingmayp lace the employee on temporary leave of absence, with pay. 24.5 Len+ th a►f�11� Su oobsion. Suspensions without .� IY . i/I .. Y.. I Ilrl � pay shall not exceed thirty { 0) days unless ordered by an arbitrator, an adjustment board or the Merit Board, 24.6 Procedure 2,n DosmIssall, bus efscr� Tarin +bra eductiann Par [ erfoticrt. A. 16 any disciplinary action to dismiss,' suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit' system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order, of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whore and the date a copy was served upon the employee to be LOCAL NO. 1 - 1>33 • 1999-2005 MOM SECTION 25 - GRIEVANCE PROCEDURE dismissed, suspended, temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last Known mailing address. The order shall be effective either upon personal service or deposit in the U.S. Postal Service. C. EmployeeAppeals from Order. The employee may appeal an order of dismissal, suspension, temporary reduction in pay, or demotion either to the Merit Board or through the procedures of Section 25 - grievance Procedure of this MOU provided that such appeal is filed in writing with the Director of Human Resources within ten (10) calendar days after , service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 25 of this MOU 24.7 Emplovee Represe tat on Rlahfa. The County recognizes an employee's right to representation during any disciplinary interview or meeting which may result in discipline. The County will not interfere with the representative's right to assist an employee to clarify the facts during the interview. SECTION 5 -�GRIEVANCE PROCEDURE 25.1 Definition and Procedural Steps. A grievance rin++.r..r..s is any dispute which Involves the interpretation or applicationof any provision of this MOU excluding, however, those provisions of this MOU which specifically LOCAL NO. 1 - 134 - 1999-2005 MOU SECT 70N 25 At OPIEVANCE PROCEDURE provide that the decision of any Count off�Cial shall be find, the lnterretatfon applrcaton of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any state of the process. Grievances must be filed within thirty (30) calendar days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: to 1 . Any employee or croup of employees who believes that a provision of this It OU has been misinterpreted or misapplied to his or her detriment shall discuss the co rriplaint with' the grevant's immediate supervisor, who shall meet with the grievant within five (5) work days of reoeip of a written request tc hold such meeting. t . If agrievance is not satisfactorily resolved in Step I above thegrievant may submit the grievance in writing Within ten (10) work days to such management Qf .ictal as the Department Head may designate. `his faunal written grievance shall state which prevision of the MMU has been rnisnterpretedor misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be tiled with the Director of Human Resources. The Department Head or his or her 'designee shall have ten (10) work days in which to respond to the grievance in writing. if either the union or grievant request a meeting with the Department Head or his/her designee at this step; such a meeting will be held LOCAL NO. 1 - 135 - 1999-2005 MOU SECTION 25- GRIEVANCE PROCELi1RE St . If a grievance is not Satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten 001 work days to the Director of Human Resources. The Director of Human Resources or his/her designee shall have twenty (20) work days in which to investigate the merit of the complaint and to meet together at the same time with the Department Head or his/her designee and the grievant and attempt to settle the grievance and respond in writing. Ste 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (1 0) work days of the written response of,the Director of Duman Resourcesor his/her designee. If the parties are unable to reach a mutually satisfactoryaccord on any grievance which arises and is presented during the term of this I1/ OU such grievance shall be submitted in writing within seven (7) work days o an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2)' of whom shall be either an employee of the County or a member of the staff of an organization' employed to represent the County in the meeting; and conferring process. The Adjustment Board shall meet and render' a decision within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board LOCAL NO. 1 - 136 1999-2005 MOU SECTION 25 - GMEVAN E PROCEDURE within ten 10 work days of receipt of the original request or thegrievance will roue to arbitration upon demand. This step of the grievance procedure may be waived by the written mutual agreement of the parties. Step, If an Adjustment Board' is unable to arrive at e majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator whoshall be designated by mutual agreement between the grievant and the Director of Duman Resources. Such request shell be submitted within twenty ( o) work days of the rendering of the Adjustment Board decision. Within twenty ( o} work days of the request for arbitration, the parties shall mutually select an arbitrator who—'shallgender a decision within thirty ( o) work days from the dote of final subrnis 'on of the grievance including receipt of the court reporter's transcript, and post hearing briefs iI f any. The fees and expenses of the arbitrator and of the court reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and pest- hewing briefs, if any. 26 Scope of 'ustrnen�t card arc rb1tratican [ ecsjone. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shell be final and binding on the parties hereto, to the extent permitted by law. LOCAL No. 1 - 137 - . '1999-2d5 M }U SECTION 25 GRIEVANCE PRPCEDURE B. No Adjustment Board and no arbitrator shall entertain, hear, decide or male recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and under such :.dispute falls within the definition of a grievance as set forth in Subsection 25.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Director of Duman Resources in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lest time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Boards or arbitration proceedings hereunder) will LOCAL NO. 1 - 138 - 1999-2+005 MOU SECTION 25 - G RIEVANCE PRE CEt tlR� be recognised unless agreed to by the County and the union. 25 `rinne Lirn The time Imits specified above may be waived by mutual agreement of the parties to the grievance If the County fails to meet tie time limits specified in steps °I through 3 above, the grievance will automatically 'move to the next step. If a grievant tails to meet the time limas specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn 25.4 Unlc n Nc ifta- it n. An official, with whom a form,ali grievance is filed by a grievant who is included in a unit represented by the Union, but is not represented by the Union in the grievance,ance, hall give the Union a, copy of the formal presentation. . er sat on ► a1,25 nts. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other, matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOO which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. LOCAL No. 1 - 139 - 1999-2005 MOO SECTION 25 - GRIEVANCE PROCEDURE No change in this MOM or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) wilf be recognized unless agreed to by the County and the Anion. 25R6 Strike/Work ,;Stoppage. During the term Of this 11IOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sick-out, or refusal to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or. her supervisor as soon as passible, and provided further that an employee may be required to crass a picket line where the performance of his other duties is of an emergency nature and/or failure to perform such duties might cause € r aggravate a danger to public health or safety.' 25.7 Merit Beard. A. All Grievances of employees in representation units represented by the Union shall be processed under Section 25 unless the employee elects to apply to the Merit Board on matters Within its jurisdiction. LOCAL'NO. 1 140 - 1999-205 MOU SECTION 26 BILINGUAL PAY B. No action under Steps 3, 4 and 5 of Subsection 25.1 above shall be taken if action on the complaint or grievance has been talon by the Merit Board, or if the complaint. or grievance is pending before the Merit Board 25.8 Filling ,by, Union. The Anionmay ale a grievance at Step on behalf of affected employees when action by the County Administrator or., the Board of Supervisors violates a provision of this MOU. BOTIO I - BILINGUAL PAS( A salary differential of seventy dollars ($70.00 per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human resources. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sale prerogative of the County. The Union shall be notified when such designations are made. Effective October 1 , 2000, the differential shall be increased to a total of seventy-five dollars {$75.00} per month. Effective October 1 , 2001 , the differential shall be increased to a total of eighty dollars ($50.00) per month. MOWN 27 - BTI .E T CONTMI.IBUTION 27.1 Contr utlon Pursuant to Government Code Section 31551 .1 , the " County will continue to pay fifty LOCAL NO. 1 - 141 - 1999-2005 (VAGIu SECTION 27- RETIREMENT COMMIBUTTION percent (50%) of the retirement contributions normally required of employees. Such payments shah continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa county Employees' Retirement Association without' the County paying any part of the employee's share. The County will pay the remaining one-half (Y2) of the retirement cost-of-living program contribution. The wage and retirement benefit provisions for safety employees represented by Centra Costa County Employees' Association Local One expire September 307 2006. 27,2 Tier H1, Subject to the enactment of enabling legislation amending the 937 Employees' Retirement Act to allow such election, the County will. permit certain Tier 11 employees to elect a Tier III Retirement Plan under the following conditions: a. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. b. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier Ill, from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier 11 disability.provisions. LOCAL NO. 1 - 142 - 1999-2005 MOU SL'Cr/f)11► 27- RETIREMENT CONTRIBUTION C. The amount of the employee's required retirement contribution shall be established by the County Employees'RetirementAssociation and Shall be based on the employee's age at entry into the retirement system. d. Employees represented by the Labor' Coalition and its member employee organizations (herein referred to as "Labor Coalition") enrolled in Tier II who have attained five (b) years of retirement credited service as of the effective date of the enabling legislation shall have a six month period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board Of supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier Il who have attained five (5) Years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. The Ceunts employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier Ill which exceed those which would be required for Tier 11 membership shall: a. Be funded by reducing the general wage increase agreed upon to be effective October 1 , 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by million dollars per year; LOCAL No. 1 - 143 - 1999-2005 MOU SECTION 27- RLTfREMENT CC 0fV"�"'F{�18LfT10N and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and b. In the event the County's costs attributable to the creation and operation ' of Tier III exceed 3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement casts have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wade increases} agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all... employees represented by the Labor Coalition shall be reduced accordingly; and C. In the event the County's casts attributable to the Tier III Retirement Plan are less than 3 million per year, the difference shall be divided by twelve (12) and each twelfth (12 thshall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one (1 } twelfth (12t"} had been invested in the first month of the past year, two 2) twelfths (12ths) in the second month of the past year and so forth; and d. Any savings to the County resulting from the creation and operation of Tier III shell be used to LOCAL NO. 1 - 144 - 1999-2005 MOU SECTION 21- RE77REMENT CONTRIBUTION offset future County retirement cost increases attributable to the creation and operation of Tier, 11 ; and e. County savings shall be held in an account by the Auditor-Controller which is invested in the county's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition an a the beginning account balance, ) the interest earned, c} expenditures from the account to cover increased costs resulting from the Tier 111 Retirement Plan, and d) the ending account balance. Any increased costs to the County, due to Fier 111 participation by employe s not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. Subject to the provisions expressed above, any and all additional employer and County-paid employee Contributions which exceed the sura of the County's legally required contributions under Tier 11 shall be recovered by reducing general wage Increases to the employees represented by the Labor Coalition. Any disputes regarding cast or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. LOCAL No. 1 - 145 - 19,99.201 0-6 MOU SECTION 27- RETIREMENT CONTRIBUTION The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, 'provided that before enactment of the ordinance, the labor Coalition has not notified the County in writing that a one percent (11 %) wage increase shall be im ►lementedby the 'County effective October 1 , 1997, without interest, in lieu of implementation of the Tier II I Retirement Plan. The establishment of the Tier III Retirement Plan pursuant to the terms of this 1' OU shall be subject to approval by the Boardof Retirement of the Contra Costa County Employees' Retirement Association. In the event the County is prevented from irnpletenting the Tier III Retirement Plan for any reason on or before the termination date of this McU, the agreement of the parties regarding a Tier 111 Retirement Plan shall expire and a one percent ( I%) lump sum wage increase shall be implemented by the County within si* (60) days after the determination that Tier 1I1 cannot be implemented or as soon thereafter as practicable for the period covering October 1 , 1997 through such termination date, without interest, in lieu of the Tier 111 Retirement Plan. Effective October 1 , 2002, Tier 2 of the retirement plan LOCAL NO. 1 - 146 - 1999-2005 MOU S=^TIt' N 28 TRAINING t7E� !"8 t�S�lt�ENT shall Itrrtinated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy, back program. Employees may replace Tier 2 benefits with Tier 3 benefitsas follows: 1 . Employee buys back two (2) years, County will buy back one (1 ) year for a total of three ' 3) Years of buyback. 2. Employee buys'back four ) years, County will buy back two 2) years for a total of six ( ) years of buyback. 3,.,,Employee buys' back sic years, County will buy back three (3):years for a total of hire (9) years of buybacks The County Administrative. Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to six hundred fifty dollars ( 50) per year, except as otherwise provided in the supplemental sections of this MOU. Registration n and tuition fees for career development education may be reimbursed for up to fifty percent' 0%) of the employee's net cost. books necessary for courses taken for career development education : may be reimbursed for up to one hundred percent (100%) of the employee's net cost. LOCAL NO. 1 - 147 - 1999-2405 MOU SECTION 29 - SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES SE TION 9 - 'SAFETY 'SHOES �� PF � _R . I! N SAFETY EYEGLASSE The County shall upend every effort to seeto it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. For each two year period starting January 1 , 2000, eligible employees will be allowed reimbursement for the purchase and repair of safety, shoes cep to a maximum of two hundred dollars ($200). For each two year period starting January 1,, 2002, eligible employes will be allowed reimbursement for the purchase and repair of safety shoes up to a maximum of two hundred twenty-five +dollars ($225). There is no limitation on the number of shoes or number of repairs allowed. The County will reimburse eligible employees for prescription safety eyeglasses which are approved by the County and are Obtained from such establishment as required by the County up to one (�1 ) pair per year. The County will provide those employees currently eligible for safety shoe allowance with two (2) method for purchasing safety shoes; a. Reimbursement for the purchase and repair of safety shoes up to the maximum amount stated above for each two (2) year period LOCAL NO. 1 - 148 - 1999-2005 MOU SECT70N 30- WDEO DISPLAY TERMINAL (VD 7) USERS EYE EXAMINATION ' 'wwinii i i irsrr.. r wrr. -��.w b. 'toucher obtained from the ellglble employees' Department for an identified vendorfor the purchase of safety shoes up to the maximum amount stated above for each two ( ) year period. C. The County agrees to provide a second vender for the Purchase of safety shoes. The County will endeavor to secure Red Wings as the second vendor and to identify two locations where the shoes may be obtained by voucher. The eligible employee will inform his/her Department's accounting section of the desired method for purchasing safety shoes at the beginning of each calender year. SECTION 0 - V1 EO D11PC AY TERIVI.I.NAL- CIT USERS EYE EXAM. NATION Employees in the Library Unit, Probation Unit, and Investigative Unit shall be ell ible to receive an annual eye examination on County time and at County expense in accordance with the following conditions: a. Eligible employees must use a video display terminal at least an average of two hours per day as certified by their department. b. Eligible employees who Irish an 'eye examination under this program should request it through the County Human Resources Department, Benefits LOCAL No. _ - 149 - X1999-2005 MOv SECTION 31 - PERFORMANCE EVALUATION PROCEDURE Division, who will arrange for eye examinations and monitor the results on a County-wide basis. C. Should prescription on VDT glasses be prescribed for an employee following an eye examination, the County agrees to provide,' at no cost, the basic coverage including a ten ($10) dollar frame and single vision lenses Employees may, through individual arrangement between the employee and his/her doctor, and solely at the employee's expense, include bifocal, trifocal or blended lenses and ether care, services or materials not covered by the plan. The basic plan coverage, including the examination, may be credited toward the employee enhanced benefit S CTION 31 P ERFORMANCE Ev L 1 TIOI PR 0C The following procedures shad apply in those departments which already have a formal written performance evaluation system. Nothing. herein shall be construed to require the establishment of such a system where it does not currently exist. A. Goal: A basic goal of the employee evaluation is to help each employeeperform hislher fob more effectively to the mutual' benefit of the employee and the County. The evaluation process provides an ongoing means of evaluating an employee's job performance and promoting the improvement of the job' performance. LOCAL NO. 1 - 150 - 1999-2005 MOU SECTION 31 - PERFOR 'LANCE EVALUATION PROCEDURE The evaluation process also provides the opportunity to recognize and document outstanding service as well as service that has been unsatisfactory to the County. B. Frequency of Evaluation, 1 . Probationary employees shall be evaluated at least once during their probationary period. 2. Permanent employees may be evaluated every year. C: Procedure. 1 . An employee shall generally be evaluated by the first level management supervisor above the employee. 2. It will be necessary in some cases for a supervisor to consult with the employee's immediate work director in order to make a comprehensive evaluation, 3. Where feasible, evaluations will be based primarily on observation by the evaluator of the employee in the performance of his/her duties. Comments based on secondary information shall have supportive documentation. LOCAL. N'O. 1 _ 161 - 1999-2005 MMU .......... .......... SECTION 31 - PERFORMANCE EVALUATION PROCEDURE 4. An employee will be informed in advance of a meeting With his/her supervisor to discuss the empl0 yee's evaluation and toput the evaluation in writing on the department evaluation forms. 5. The employee shall be informed of his/her right to prepare and have attached to the e valuation form any written comments which the employee wishes to make. 6. When an employee is rated below satisfactory on any factor, the evaluation will give the reasons for such rating and include specific recommendations for improvement in writing. 7. The employee's signing of an evaluation form does not necessarily mean that the employee agrees with the evaluation but it does mean that the employee has had an opportunity to discuss the evaluation with his/her evaluator. 8. The employee Will be given a copy of his/her completed evaluation form at the time form is sianed by the employee. (Confirmation of final version to be received later.) 9. Any rating below average or unsatisfactory shall be supported by written documentation received by the employee at the time the incident(s) occurred. LOCAL NO. 1 - 162 - 1999-2006 MOU SECTION-3V—,INIILL 'GL 10. Nott ing shall be added by. management to an evaluation after the employee has signed and received a copy of the evaluation without the employee's written acknowledgment. Failure to follow the foregoing procedure is subject to the grievance procedure. However, disputes over the actual content or ratings themselves in,: individual evaluations are not grievable, but may be : mediated try the, Director of Furman Resources upon request 7Df either the employee or the Department. Prior to being mediated by the Director of Human Resources either party may request fact finding to asa tt in the resolution o the dispute. One ( fact' finder shalt be selected by each party to the dispute within ten (10work days from the initial request for fact finding. The fact finders shall have twenty 20) work days from notice of selection o investigate and render opinions o the Director of4-lunan Resources. , SeCTION 32- MILEAGE 3 .1 telburseert for Use €of feraonafebce The mileage altowance for arse cif 'personal vehicle on County business shell he paid according to the rates altowed py the Internal Revenue �aervice and shalt be adjusted o reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. 32.2 Char a t= r use of Hone Garaa2d Count Vehicle. Employees hived after July 1 , 1994 who are LOCAL No. 1 _ 153 _ .1999--20, 00 QU ............. SECTION 33- PAY WARRANT ERRORS assigned vehicles to garage at home will be charged the IRS, mileage rate for all commute miles driven outside the limits of Contra Costa County that exceed thirty (30) miIes round-trip in any one day. SECTION, 33 PAY VMR,RMT: ERRORS If an employee receives a pay warrant which has an error in the amount of compensation 10 be received end if this error occurred as a result of a mistake by the Auditor Controller's Department, it is the policy of the Auditor Controller's Department that the error will be corrected and : a new warrant issuedwithin forty-eight (4:8) hours: exclusive of Saturdays, Sunday . s and holidays from the verifies that the: time the Department is made aware of and ven. pay -warrant is in error. If the pay warrant error has. occurred as a result of a mistake by an employee (e:6:g. payroll clerk) other than the employee who:is: receiving the pay, the error will be corrected as soon as possible from the time the department is made aware that pay warrant is in error. shape corrected. a& soon as errors in employee pay Pay possible as to current pay rate but that no recovery of either overpayments or YM underp a ents to an employee - a ) shall be made retroactively except fbr the six (6Montn period immediately e pre ing cl;[ f . c, d scovery 0 the pay error. This provision shall apply regardless of whether the :error was made by the employee, the appointing authority or designee, the Director of Human : Resources or designee, or the Auditor-Controller or designee. Recovery of LOCAL NO. 1 - 154 - 1999-2005 MOU SECTION 34 - FL OGSLE STAFFING fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment ani proposed repayment schedule and the employee wishes to meet with the County, a meetingwill be held at which time a repayment schedule shall be determined. If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. CTI N 34 FLEXIBLE STAFFING, certain positions may be designated by the Director of Human resources as flexibly staffed positions. �'ositions are generally allocated at the first level of the job series when vacated. when the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he or she may then be promoted to the next higher classification within the jab series without need of a classification study. If an operating department verifies in writing that an administrative or clerical error was made in falling to submit the documents needed to promote an employee on the first of the month when eligible, said appointment shod be made retroactive to the first of the month when eligible. An employee who is denied a promotion to a flexibly staffed position may appeal such denial to the Merit Beard. LOCAL NO. 1 - 155 - 1999-2005 MOU SECTION 35 - PROVISIONAL APPOINTMENT SE9TI J►N 35 - PR0V1.§1 ►NAL AI P01LYTMgNT Whenever an appointing authority makes a request for personnel to fill a position in a class for which no reemployment or employment list is available, or in a class for which no eligible or insufficient eligibles to complete the certification will accept appointment to the position, the Director of Duman Resources may authorize the appointing authority to appoint any person who possesses the minimum qualifications for the class as set forth in the class specifications, provided that the names of eligibles available and the names of persons who have` indicated the intention to take the next examination for the class shall be referred to the appointing authority at the time authorization is issued. In nO case shall a permanent position be filled by a provisional appointment fora period exceeding six { calendar months except under the following conditions: a. If an examination has been announced for the class and recruitment of applicants is in process, the Director Of Human Resources may authorize a Continuation of provisional appointments until an eligible list is established. b. I n case of a provisional appointment tO a permanent position vacated by a leave of absence, such provisional appointment may be continued for the duration of said leave. LOCAL NO. 1 - 156 1999-2045 MOU SECTION 36 - PERSONNEL FILES A. rovlslonal appolntrnent � � � ted within thl-..rtv 3 days after the date of certification of eligibles from an appropriate eligible list. ,ll decisions of the Director of Human l esources relative to provisional appointments are final and not subf ect to the grievance procedure. Before filling a position by a provisional appointment, the appointing authority shall past notice and shall consider current qua fi ied., employees.. for the appointment Only if there are insufficient internal applicants to constitute a full certification may the appointing' authority consider applicants from outside County service. EL FILES PIERSONN An employee shall have the right to inspect and review any ofliclal record(s), relatrnc to his or her perfor�nnance as an employee or to a grievance concerning the employee which is kept or maintained by the county in the employee's personnel tile, in the Human R6sources C epar"tment car in the employee's personnel file in their Department. The employee's union representative, with Witten authorization by the employee, shall also have the right to inspect and review z any official records described above. The contents of such records shall be made available to the employee arra/or the employee's union representative, for inspection and review at reasonable intervals during the regular business hours of the County. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel fileabout which he or she LOCAL No. 1 - 157 - 1999-2005 NIOU S=CTION 36 - PERSONNEL FILES disagrees. Such response shall become a permanent part of the employee's personnel rec6rd. The employe shall be responsible for providing the written responses to be included as part of the employee's official personnel fide. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Counseling memos which are not disciplinary in nature are to be retained in the file maintained by the employee's supervisor or the person who issued the counseling memo and are not to be transferred to the employee's central file which is normally retained by the Human resources Department unless such memos are subsequently used in conjunction with a disciplinary action such as a letter of reprimand. All documents pertaining to disciplinary actions shall be planed in the employee's official personnel file within five (5) work days after the time management becomes aware of the incident and has completed its investigation as to whether the employee is culpable and shall be date stamped or dated at time of entry. This section is not intended to Include supervisor's notes or reminders of specific incidents or ongoing reports such as attendance records. Generally, such investigations should be completed within thirty (30) calendar gays of the date management becomes aware of the incidents), it being understood that under curtain circumstances such as the unavailability of witnesses or the possibility of a criminal act having been committed may cause the investigation to take longer than the aforementioned thirty (30) days. LOCAL NO. 1 - 158 - 1999-2005 MOU SECT ION 36 - PE'R'SONNEL FILES Copies of written reprimands or memoranda pertaining to anemployee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to an employee who shall have the 'right to respond in writing to said documents. Letters of reprimand are subject to the grievance procedure but shall not he processed past step 3 unless said fetters are used in a subsequent discharge, suspension or demotion of the employee, in which case an appeal of the letters of reprimand may be considered at the same time as the appeal of the disciplinary action. Prior to being submitted to step 3 of the grievance procedure, either party may request fact finding to assist in the resolution of the dispute. Cone t fact finder shall be selected by each party to the dispute within ten (1 0) work days from the initial request for fact finding. The fact finder shall, have twenty ( Q work days from► notice. of selection W investigate and render opinions to the Director of Duman Resources. Copies of letters of commendation which are to be placed in the employee's personnel file will be given to the employee E ployees have the right to review their official personnel files which are maintained in the Human Resources Department car by their departments.. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. The County spall supply the Union with lists of official, personnel files and locations. Derorgatory material in an employee's personnel 'file (such as warning letters over two years old will not be used in a subsequent LOCAL NO. 1 _ 159 - 1939-..2005 MOU SECTION 37- SERVICE AWARDS disciplinary action unless directly related to the action upon which the discipline is taken. Derogatory materia[ does not include prier suspensions, demotions or dismissals for cause. The County will participate in a committee of four (4) union and four (4) operating department managers to revise and clarify MOU Section 36, Personnel Files.' Subject committee will be chaired by a non-voting chairperson from the County Human Resources Department and will hold their first meeting within ninety (90) days of approval of this MOU and 'will issue a report within one hundred eighty (180) days of the date of the first meeting. SECTION 37 SIERVICEAWARDS The County shall continue its present policy with respect to service awards including time off provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures small apply with respect to service awards: a. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Human Resources Department wi mare arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. LOCAL NO. 1 - 1 f,0 9 999-2005 MOU SECTION 38 - RLIJ!� B URSEA �NT FOR MEAL L t�C�'ENSES b. Service 6,wa .Day Off. Employees within (1 ) or more years of service are entitled to Mice a day off with pay at each five 5) year anniversary, EPEisEs Employees shall be reimbursed for mealexpenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission: d. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards,' official visitors, and speakers or honored guests at banquets or other official functions. e. When the employee is required to work 'three (3) or more hours of overtime; in this case he or she may be reimbursed in accordance with the LOCAL NO. 1 - 161' - 1999-2006 Mou SECTION 39 DETENTION FACILITY MEALS Administrative Bulletin on Expense Reimbursement. Deal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. SECTION 33 DETEI tO t FACILIT WALs The charge for a meal purchased in a detention facility by employees represented by Local No. 1 is one dollar ($ 1'.00) per meal'. Employees assigned to a 'detention facility are not, however, required to purchase a meal. SECTION 4 - ct'JI�IIPEsATIONIOt' L{ OR DAMAGETO PERSONAL.PROPERTY The loss or damage to personal property of :employees is subjed to reimbursement under the t Mowing conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the Department Head LOCAL NO. 1 - 162 - 1999-2005 MOU SECTION 40 - coMPENSArr0N)9OR LOSS OR DAMAGE TO PERSONAL PROPERTY and automobiles are excluded from reimbursement. d. The lass or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to: employees eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by Workers' Compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damage . Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage lout not more than the original cost. L The burden of proof of loss rests with the employee: j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on __LOCAL NO. 1 _ _ - 163 - 1999-2005 Moo .......... ........................ .......... SECTION 41 - UNFAIR LABOR PRACTICE Compensation for Loss or Damage to Personal Property. SECTION 41 UNFAIR R PRACTICE Either the County or the Union may filie an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. SECTION 42 - HARASSMENT Harassment is any treatment of an ernployeewhich has the purpose or effect of affectingemployment decisions 'b , concerning an individual, or unreasonably interferingwith an individual's work performance, or creating an intimidating and hostile working environment. Such : conduct includes but is not limited to unwelcome sexual - e advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature; :arbitrary or capricious chan9 es of assignments, or display of a hostile attitude toward an employee by a supervisor which is not justified or necessary in the proper supervision of the work of the employee. LOCAL NO. 1 - 164 - 1999-2005 'MOU SECTION 43 - LENGrH OF SERVICE DEFINITION (For Service Awards and Vacation Accruals} SECTION - LENGTH. OF §ERVIE � TI3Nrr Service AWar+ s ani acaI�r� Accruals The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and uwithin two ( years is reemployed in a p rmanent County position, or is reemployed in a permanent 6County position from a layoff list within the p+ r�iod of layoff eligibility) service credits shell include all credits accumulated at time of separation, but shall not include the period of separation. The Director of Human Resources shall determine these matters based on the employee status records in his department. TIQ PERMAISIENT e6MME6 EMPLOYEE BENEPIT plys receivepro Perm anent pant4irhe rated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing theywork at least fifty percent (560%) of full-time. If the employee works at least fifty percent (50%) of full- time, County retirement participation is also included. _ LOCAL NO. 1 _ 165 - 1999-2005 MMU .............. .......... .......... .......... . SECTION 45 - PERMANEN T-INTERMITTENT EMM 0 YEE BENERTS 7 SECTION 45 PgRIMIANEL41T414T91RMI 'SENT EMPLOY, �_FE EENEFITS,. Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. S E C E TION 46 P -M-ANE E.—ISITIERMITT NIT ENIPWYMSMEALTPLAN 4691 A permanent-intermittent employee represented e c by Contra Costa County Em loye sAsso lation L oca No. p 1 may participate in the County Group Health Plans if: combined medical, dental and life insurance coverage is wholly at the employeets expense but at the group insurance rate. The County will not contribute to the, employee's monthly premium. The employee wiI.1 be responsible for paying the monthlypremium appropriately and punctually. Failure to meet thepremium deadline i11 mean automatic and immediate withdrawal from the County Group Health Plans .and: reinstatement may only be effectuated during the annual open enrollment pen. 46.Z Effective onehundredand twenty (120) , days after all Coalition Employee Organizations have signed theirof U. respective Letters riderstanding,, the fbIlowing benefit program shall be offered to permanent-interm,ittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent (64%) of the cost of the premium for a single individual, LOCAL NO. 1 _ 166 - 1999-2005 MOU SECTION 46 - Pi.rRMANLW-INT RMIrTENr EmPL YEEs HEAL TH PLAN to those p rmanent- ritermittent aploye es who meet and maintain eligibility. b. Eiij ibilit Initial eligibility shall be achieved when an employee has worked three ( ) continuous months of service at an average of fifty percent (50%) time per month In orderto maintain eligibility, a permanent-inter ittent employee must remain in paid status during each successive month, c. 'rte-Pa,�. Employees who have achieved eligibility under the terms of 46.20 will pre-pay the employee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees Must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, employees who meet the eligibility requirements anu who have begin voluntarily paying for a county group health program shall be allowed to enroll in CGRP Ilan A-2 without a waiting period, d. Family Cove rape. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in C. above for payment for this optional coverage. e. Im alernentation. There shall be a sixty (6 ) day Open "Enrollment' period with the initial date of LOCAL No. 1 - 167 - 1999-2005 MOu ............ Sr ION 47 PROVISIONAL EMPLOYEE BENEFITS coverage effective August 1 , 2000. Subsequent Open Enrollment periods .,shal:l,. be, for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001 . Permanent-intermittent employees, who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and'shall have thirty (30.) days to decide whether or not toI e ect coverage ,, under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the, plan in accordance with the proced:ures ,'set forth by the Contra Costa County Health Plan.. Nothing in, Section 46..2 shall prevent an emplo ee from, r lectinc - electing health coverage under either Section 46.1 o 90 Section, 46.2 MOM LIE �OYE F1 SECTION 47 PROVII Provisional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Provisional employees may participate in the County ' Group Health Plan of combined medical dental and life insurance coverage wholly at the employee's expense but at the group insurance rate. The County Will not contribute to the employee's monthly premium. The employee will be LOCAL NO. 1 - 168 - 1999-2005 MOO SECTION 482 HAZARD PAYDIFFERENTIAL FOR HEAL TH SERVICES EMPLOYEES responsible for paying the monthly premum appropriately and punctually. Failure to neat he premIum, deadline will mean automatic and immediate w"rthdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. E TION 4$ HMAR PAY D1FFERENT AI. FOR H�:AL�T`HRyYI1CE MLoE Any employee assigned to a position which 1 ) involves some nurnher of work hours assigned to wards 4C and 4D, Hospital Emergency loon, Hospital Reception Center, l�flain Detention Facility, Richmond Psychiatric Emergency Room, or Conservatorship Program, or 2) requires continuous direct contact with patients having a contagious disease, or ) any other employee whore the Board :: of Supervisors may by resolution authorise, shall receive per hour worked a pf miurn of five percent (5%) of the hourlyequivalent ofhis/her base rate in addition to his her regular compensation and in addition to the shift differential provided four in this M02U where he/she meets the requirements of both Section 10 and this Section. ETON 9 - LUICMR � It is the position of the Health Services Department that personnel who work an eight and one-half (3"112) hour day are on their own time during their'lunch period. Personnel who work an eight {3} hour day are to be considered on call. LOCAL No. 1 - 169 - 1999-2005 MOU SECTION 50 - REST BREAKS SECTION 50 _'REST SR EAI Employees shall be,,,entitled to a rest break for each four (4) hours of work. Scheduling of rest breaks shall be determined by management. SECTION 51 - HEALTH 9XAM.1NATION Employees of the Countyvhc irk in a Health Services Department facility will annually be required to completea Health Questionnaire and take a Tuberculosis Skin Test. In the event that an employee had a positive reaction to a Tuberculosis Skin Test, said employee will be requested to show proof of having had two ( ) negative Chest x-rays at least one year apart. Employees will also be requested to be screened for Rubella immunity. If the result of the rubella test is negative, the appointing authority or designee v ill recommend that the employed became immunized. If the employee has direct patient contact and refuses to become immunized, an attempt will be rade to relocate the employee to a non-patient care area if possible. SECTION 5 CLA SI IC TION STIP©IES SPECIAL SI TUQiS CSR OTHER ACTQS A. Grievance Procedure. Following completion of these negotiations, but no Tater than November 1 , 1996, representatives of the County shall meet and confer with representatives of the Labor LOCAL'No. 1 - 170 - 1999-2005 MOU S156TION 52 - CLASSIFICATION STUDIES,. SPECIAL STUDIES OR 0111EA ACTIONS Coalition in order to develop rules and guidelines goIverninct the conduct and administration o Adjustment Boards. B. Wellness Incentive Program. A broad-based pilot wellness Incentive Program Will be developed with Input from the joint Gabor/Management Wellness Committee. The purpose of this program will be to reward County, employees with incentives for participating in Wellness Program activities and encourage teem to live healthier lifestyles: The, wellness Committee will work closely with the Human resources Department on program design and implementation. Progr rn Dem. The wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness urogram schedule and collaboration with health plan carriers to develop specialprograms and activities for County employees and to encourage participation in their established wellness activities. Special emphasis will be placed on supporting major programs such as: Smoking Cessation, Nutrition/Weight Loss, Brown Beg Seminars, Health Screenings and Health Fairs. Pte. A point value system for program participation gill be developed wherein each Wellness activity and program will be assigned a point value. Points will accumulate and incentive LOCAL NO. 1 - 171 - 1999-2005 MOU SECTION 52 CLASSIFICATION STUDIES, SPECIAL STUDIES OR OTHER ACTIONS' CTIONS prizes will be awarded to employees upon realizing certain point levels. The value of the prizes will increase with higher point values and one (1 ) grand prize will be awarded each year to the employee with the highest number of points. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. Referral. The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. C. Other Actions. Permanent-Iriterrnittent and Permanent Part-time employees in classes represented by Local No. 1 who wish to have the hours of their position increased, m ust-so request in writing. These requests must be received by the employee's department during the month of February 1997 or the month beginning sixty (60) days after the MOU is adopted by the Board whichever is later) and every January thereafter for the duration of this MOU. Departments reviewing these requests will evaluate them within thirty (30) days of their receipt by considering the actual hours assigned to and worked by the employee during the previous six (6) months and, the anticipated LOCAL NO. 1 - 172 - 1999-2006 MOU SECTION 52 - CLASSIFICA I ION STUDIES, SPECIAL STUDIESOR OTHER ACTIONS continuing need from their assignment on an increased basis. Those requests which are approved by the department for an increase in hours will be submitted for consideration by the County as a P300 request within an additional sixty ( 0) gays. Nothing contained herein shall conflict with layoff/reemployment provisions. D. The County and Local One .agree to establish a subcommittee comprised of three ( ) labor and three (3) management employees to review the MOU and to identify and recommend to the parties, the corrections of all typographical errors, inadvertent errors and omissions,, and the deletion of obsolete language. E. The Health Services Department will develop an Identification card for Public Service Officers recognizing they perform their duties under the guidelines set forth in Section 830.5 of the CaliforniaPenal Code and Section 1250 of the Health and Safety Cade, F. The parties agree that within forty-five (4 ) calendar days after, approval by the Board of Supervisors of the MOU between the County and Local One, the General Services Department shall reach agreement with employees represented by the Building Trades Unit and LOCAL NOJ. 1 - 173 - '1999--2005 Mo J SECTION 52- CLA SSIFICA 7701V STUDIES, SPECIAL STUDIES OR OTHER ACTIONS reduce to writing, a policy by each craft/shop in the method: which overtime is assi9 ried. G. The Health Services Department will prepare a P300 converting the Early Periodic Screening and I Diagnostic Tr atment project position to permanent positions. H. The Health Services Department agrees to study the organization of work and classifications within the Hazardous Materials bivision. The study will begin with one hundred twenty (1 20) days follow1no the ratification of this MOU. I. The Health Services Department agrees to study the classifications within the Environmental study - Health Division. The udy wi11 begin within one hundred and twenty (120) days following the ratification of this MOUA J. The County and Local One agree to work out a mutually satisfactory policy regarding scheduling of vacations in the: Library with particular attention to sched Wing of employees who work at paired branches. K. EEgonomics. No later than May 15, 2000, the County will submit for coalition input revisions to Administrative Bulletin NO. 426 dated April 17, 1990, and an Ergonomic Field Guide, with a goal of finalization by June 30, 2000. LOCAL Nt7. 1 - 174 - 1999-2006 MOU SECTION 53- TEMPORARY EMPLOYEES A. Ternpora!y Employees. Temporary employees hired on or after January 1 , 1997 may work a maximum of 1600 hours within a department. Thereafter, that temporary may not work in that department for one year as a temporary. Temporary employees who have worked less than 3120 hours between the period of January 1 , 1995 and December 31 , 1998 may work an additional 3120 hours after January 1 , 1997. A temporary who has reached the additional 3129 hours shall be offered appointment to an existing full-time, part-time or l permanent-intermittent position, at the department's discretion, in the classification and department in which they currently work, subject to qualification under the Personnel Management Regulations. Temporary employees hired after March 1 , 2900 in the classifications listed below, may work a maximum of 2080 hours within the Probation Department. Thereafter, that temporary may not work in the Probation Department for erre year as a temporary, I 'vA Cook C7A Custodian 1 KVD Institutional Services Worker LOCAL NO. 1 - 175 - 1999-2005 MMU SECTION 53 - TEMPORARY EMPL 0 YE S Nothing in this section shall preclude a department from terminating a temporary prig to the temporary reaching the maximum hours allowable. This Subsection A shall be inapplicable to the following classifications: Family Support Collection Officer Probation Counselors Occupational Therapists'- Per Diem Physical Therapists - fuer Diem Classifications In the DeputyPublic Defender Unit Temporary appointments to fill vacancies resulting from leaves of absence i.e., maternity leaves, medical leaves, Workers' Dompensation , temporary assignments for pre-specified periods and short term, specified seasonal work, are excluded. Nothing in this agreement precludes the parties from meeting and conferring over future exceptions. B. Lang Terra Temporary Employ. Subject to the approval and establishment ofpermanent positions by the Board of Supervisors, if necessary, temporary employees represented by Local No. 1 , SEW 535, and AFS+CME Local 2799 who have worked net less than 9,099' hours in temporary employee status between January 1 , 1991 and July 1 , 1999 inclusive, shall be offered LOCAL NO. 1 - 176 1999-2005 MOO SECTION 53 - TEMPORARY EMPLOYEES OYEES an appointment to such positions, subject to guali cat on under the Personnel Management egulations, in the classification and department in which they currently work. Such employees shall have the option of either remaining in temporary status (not to exceed 1000 hours in a fiscal gear) or being appointed to ,ai Permanent- Intermittent, 'PermanentPart-tune, or Permanent Full-time position. The formula to be used to Calculate the position type (full-time, part-time) for each employee who elects appointment to a permanent position is the employee's total number of temporary hours worked on or after January 1 , 199' divided by the total number of months of service in which those temporary hours were worked'. Additionally, the County agrees to meet and confer with the above-named unions concerning the future use of represented temporary �rr�ployees. C. Apgointment to a Permanent Position. If a temporary employee is appointed to a permanent ,position, credited paid time off hours and earned, but not yet credited paid time off hours, shall be converted to vacation hours and subject to the MOU provisions relating to vacation, except that when a temporary employee is appointed to a permanent position, the employee shall be allowed to use the earned paid time off hours during the first sic ( ) Months of employment in a permanent position, LOCAL'NO."1 _ 177 - 1999-2105 MOU $EC77ON 53 - TEMPORARY EMPLOYEES ts for Te Ery to D. Heaffl BengTi moora.M yees Effective onehundred and twenty (120) days after all Coalition Employee Organizations havlu signed their respective Letters of understanding, the following benefit program shall be offered to temporary employees: 1 rogram. u The County shall offer GCHP Plan P A-2 at the subvention rate of fifty y percent (50%) cif the cost of: the premium for a single individual, to those temporary employees who meet and maintain eligibility. 2. Eligibility. Initial eligibility shall be achieved when an employee has worked three (3) continuous months of service at an average Of fifty percent (50%) time per month. In rder to maintain eligibility, a temporary ry employee must remain in )aid status a minimum of forty (40) hours during each Ah and maintain successive mon ai� an average of fifty percent (50%) time year-to-date from the date of eligibility. 3. Pr -Pay., e. Employees who have achieved eligibility under the terms of D. will pre-pay the empIoyee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Ernployees must continue to pre- pay their portion of the health insurance premium in order to continue benefits. In addition, temporary employees who meet the LOCAL NO. 1 - 178 - 1999-2006 MOU SECTION 5 • RARY E PL'OYEES ...w_._�.. ., eligibility, requirements and who have been voluntarily paying for a County group health program shall be allowed.. to enroll in CCHP Flan A-2 without a waiting period. 4. Family average. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in 3. above for payment for this Optional coverage. 5.' lrnpleme4ntat on. There shall be a sixth (60) day Open Enrollment period with the initial date of coverage effective August 1 , 2000. :subsequent Open Enrollment periods shall be for thirty, days and coincide with the open enrollment period for County employees beginning in 2001 Temporary employees who are not currently eligible, but Who subsequently asst the eligibility requirements, shall be notified of their eligibility and shall harm thirty (30) days to decide whether or net to elect coverage under this program. E. Upon receipt of a request by the Union, the Human Resources Department acgrees to meet to discuss the issues related to continuous testing and the frequency of such testing regarding specific classifications. F. Effective January 1 2000, the County shall provide quarterly reports regarding temporary LOCAL Nth. '! - 179 - 1999-2005 MOO SECTION. 54-ADOPTION employees which include the following information: employee name, classification department, mail drop I.D., and: number of hours and departments on a Worked in all classificationst calendar year-to-date basis. SEC I -TION -ADOPT 0N The provisions of this MCU shall be made applicable on � the dates 'Indicated and upon approval by the Board `of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared : and adopted in order to implement those provisions. Itis understood that where it is determined: that an Ordinance istequired to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following. an, (30) days after s ch Ord:i.n Ce is adopted. thirtyu J1QR -55:: AUS S SIERARAB ILITY OF Pg } :IS1 1 55.1 Scope, of Awreement. Exceptas otherwise specifically provided herein this MOU fUlV and completely incorporates the understanding of the parties hereto and constitutes the sole and:: entire , agreement between the parties In any and all confer. matters : subject :to �meet��, and conf is Neither party shall., during: the� term of this MOO demand any change herein provided thatnothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. LOCAL NO. 1 - 180 - 1999-2006 MOU SECTION 55- SCOPE of AGREEMEI AND SEPAPABILITY of PROVlSIC3NS The Union understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 55E 'Separaittf Pro: is Should any section, w�rr Mriri��rwirirPro: is rirrrwr. clause or provision, of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of. competent jurisdiction, such invalidation., of such section, clause or provision{ shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 55143 Personnel Mann a vent a u at Rms. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management l e i ulation$, the prevision o this MOU shall prevail. Those previsions of the Personnel Management regulationswithin the scope of representation which ere not in conflict with the provisions of this MOU and these previsions of the Personnel Management Regulations Sieh are not within the scope of representation shall be considered in full farce and effect. 55i,4 Aura#fart of Agreement. This Agreement shall continue in full force and effect from October 1, 1 999 to and including September 30, 2005. Said Agreement shell autornaticaly renew from year to year thereafter unless either party gives written notice to the other prior to sib (50) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. LOCAL NO. 1 _ 181 - 1999 2005 MOU SECTION 56 FAIR LABOR STANDARDS ACT PROVISIONS SE TION FAIR S616A.46 ARD§ ACT. RONS The Fair Labor Standards Act, as amended, may govern certain terms' and conditions of the employrr ent of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect car agreed upon. If it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime bay and compensatory' time off entitlements or use, must' be changed to conform with the Fair 'Labor Standards Act, such terms and conditions of employment shall not be controlled by this M�[� but shall be subject to modification by the County to conform to the federal law, without further meeting and conferring. MeCounty shell notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications.' SECTION 5PAST PRACT 11C EXISTI SEC710M 58 - UNIT.ITEMS representatives the Union or by employees represented by the U ni n whc r e ch a eementwith a C epe tm nt Head on a specific policy covering a group 'of employees such as a reassignment polio, the alleged violation of said past practice will be subject to the grievance procedure. Those practices which hire been agreed to by Management and not approved key the Department Head must be confirmed and approved by the Department Head within six 5) months from. the below execution date of this MSU in order to be considered a past prectio pursuant to this provision. A TO 58 - UNITI Specific working conditions for the various units represented by the Union are listed in Attachments 58.1 through 58.11 -. Execution Cate: September 24, 2002 CONTRA COSTA WUNTY PEU O AL' # . 1 LOCAL. NO. 1 - 183 - 199940 Moo 58. A N�crl#ure-Arun S�cis t!»f 58.1 -Aariculture -�Anlrnal er'V 1 cep Unrt A. The Safety Committee for the Depar me t f Agr oUlture wild re aiin n Offect and w.11 l continue to e constituted as follows: +�},ne �'I Ac�n cultur F 131 01 st and one O Pest D taction Specialist and apprppria te :management representatives. B. Effective on the first of the month following adoption by the Board of Supervisors of this MOU, permanent employees in the classifications of Agricultural Biologist 11 and Agricultural Biologist III who possess a valid certificate as a Deputy Agricultural Commissioner shall receive a salary differential Of: three and one-half percent (8 'Y2%) of base pay. C. In precognition of the fact that they work full-time for a significant portion of each year, Permanent- Intermittent employees in the class of Fest Detection Specialist-Project (89M ) shall be .paid for elght 8) hours on any recognized County holiday that occurs in a month where they are in a pay status.. for eight (8) hours on eachwork day in that month. In those months in which the employees are continuously employed, both at the beginning and the end of the month, but are not in a pay status for eight (8) hours on each work day, they shall be paid a pro rata share of the eight (8) hours holiday pay based on the portion of the work hours in the month that they were in a pay status.: LOCAL - 184 -1 - '!84 - 1999-200NIOU 5 .I - Agr lqulttire-Animal Services Unit We btu Meaae Chat - artm-, ent of u A-dd X111 I�}KI.YI111ftllli�rl A. The Safety Committee shall consist of one (1 ) Weights & Measures inspector and appropriate management representatives;.. B. As circumstances dictate, these this committee and the Agriculture Safety Committee may meet jointly to discuss safety problems of mutual interest. C. Effective on the first of the month following adaption by the Burd of supervisors of this MOU, permanent employees in the classification of Weights & Measures Inspector II and Weights & Measures Inspector III possessing a valid certificate as a Deputy Sealer of Weights and pleasures, shell receive a salary differential of three and one-half percent (3.5%) of base pay. An.jmat Services Personnel A. Letters of commendation 'received by the Department shall be placed in the individual Animal Services Officer's and Animal Center Attendant's files, B. The County agrees to continue to pay each Animal Services Officer employed by the Countyprier to August 1 1975 a flat monthly fee of sixty-five dollars ($654001 LOCAL NO. 1 - 185 - 1999-2005 MOU ............ .............. .......... 58.1 -Agriculture -Animal Services Unit The above fee shall not apply nor be, paid to Animal Services Officers who t haIl continue to use a Y departmental pickup Vehicle for purposes of regularlyi assigned on-call work. When an Animal Services Officer, who is receiving the above-specified flat monthly fee of sixty-five d Ilars ($65.00) is assigned to on-call work is allowed to use a de rtmental pickup vehicle for commUtin. 9 purposes, either on a: regular or part-'time relief basis (e.g. vacations and/or sick1eave), the sixtyfive dollar ($65.00) fee shall be eliminated if such assignment is at for 8 full month or reduced on the b is of fifteen d6l,lars ($15.020) for each full workweek said employee the departmental pickup v is allowed to utilize vehicle for commuting purposes. The provision of this, section dealing with fee paY . ment does not and will not apply' to any Animal Services Officer hired on or after August 1 , 1975. C. Duffel Baa. The Animal Services :Departmentag. rees.: to provide all Animal Services Officers with a duffel/equipment bag for equipment. These bags will be the property of the Animal Services Department and labeled as such. D. Uniform Allowance. The monthly uniform a1lowance for employees in the, clasSification of Animal Services Officer shall be forty :dollars ($40.00). The uniform allowance for Animal Services Officers shall be increased to five hundred sixty-five dollars ($565) per year and six hundred fifty dollars ($650) per year on LOCAL NO. 1 - 186 - 1999-2005 MOU 58.1 -Agriculture-Animal Services Unit July 1 , 195 and July 1 1997 respectively, payable , 1/1of the yearly total. in monthly pay warrants. Effective July 1 , 999, the uniform ai lowa n ce will be increased by twenty-five dollars ( 25) for a total of six hundred seventy-five dollars ($575) per year. Effective July 'I 2E0, the uniform allowance will be increased by fifty dollars ( 50) for a 'total of seven hundred twenty-five dollars ($725) per year. Effective July 1 , 2001 , the uniform allowance will be increased by seventy-five dollars ( 75) for a total of eight hundred dollars ( og)' per year. if an increase in the uniform allowance is subsequently approved for Deputy Sheriffs, Animal Services officers shall receive an increase equal to that received by Deputy Sheriffs E. The Departmental Uniform Policy for Animal Services Officers shall be amended to make the wearing of neckties with long sleeve uniform shirts while working in the field optional. The wearing of a necktie or dickey with the long sleeve uniform shirt will be required whenever an Officer is appearing in court, attending staff meetings, participating in special events or making public presentations. F. Trousers. The Animal Services Department agrees to allow Animal Services Officers to wear green denim trousers while in field assignments, provided that each officer has a pair f green dress trousers available to wear when required by the department. Uniforms must be maintained at a standard acceptable to the department. Animal Center Attendants shall be provided with rain gear of the same quality as that provided Animal Services Officers. LOCAL NO. 1 - 187 - 1999-2005 MOv ...........-- 58. - Agriculture -Animal Services Unit 1 The Animal Services Department agrees to reimburse employees mp yees in th e class of Animal Center Technician for the purchase of green., black, or blue denim trousers up to one hundred:' dollars ($10:0.00) per employee per year. G. Departmental Fee Reimbursement. Once during the term of this MOU, each employee in the Animal services Department may be reimbursed for departmentat -license and adoption: fees incurred by the employee in an amount not to exceed the amount charged by the department for these fees. An employee adopting an animal under this section shall be responsible for payment of all other normal and customary fees associated:with that adop tion H. Outerwear. The Animal: Services Department agrees s -1 Center to reimburse employee in the class of Anima 0 Technicians up to: fifty dollars ($50.00) per employee a. per year for the purchase of outerwear of type approved by the Department. I. The Safety Committee for the Department of Animal Services will remain in effect and will continue to be constituted as follows: One (1) Animal Services Officer and one (1 ) Animal Center Technician and appropriate management representatives. Committee ly provided ill b meetings w e held at toast, once quartet that either the union or management may call meetings more frequently to discuss safety issues. J. The Animal Services Department has instituted a one- half (Y2) hour" lunchp ehod for all employees in the LOCAL NO. 1 - 188 - 1999-2006 MOU '58 Ag culture -Animal Services !Unit classiftcat on of Animal {renter Technician. Management Will determine the time of the lunch period and the starting anduttng times for each employee. Crucial to the continuance of the one-half (Y2) hour lunch period will be the impact on service to the public. K. The Animal Services Department agrees to continue the current policy of allowing Animal Services Officers and fennel personnel to sign up for shifts on the bads of seniority. L. The Animal Services Department intends to continue the current 4/10 worts schedule for the duration of this MCT. Both the County and the Union understand that continuation of the 4/10 work schedule during the term Of- this MOU is contingent on adequate funding and retention of sufficient non-probationary personnel to insure adequate service levels. The. determination of adequate funding, staffing and service levels is the sole prerogative of the Department. except to the extent required by law .to meet and confer on the Impact of staffing levels. The County agrees to notify the Onion and to meet and confer if the 4/10 schedule is to be terminated. M. Animal Services Officers who are required to testify in Court on their day oft will receive a minimum of four (4) hours of overtime pay, N. For employees in the Animal Services Department assigned to units or services on a shift Operational cycle which includes Saturday as designated by the LOCAL. NO. 1 _ 189 - 1999-2005 MOU ............... ....... 58.1 Agriculture-Animal Services Unit appointing authority (rather than Monday through Friday, eight (8) 'hours per day or 9/80 schedule) ed: on the da on which the ill be observed y holidays will ry holiday falls even if it is a Saturday. 0. Animal Services Officers Participating in Search Warrants. The Department will compensate individual Animal Services Officers in the amount of one ars ($100.00) per incident s hundred dolt for time pent in assisting police agencies in the serving of search warrants. only employees involved in tactual: entry team activities shall be so compensated. The Department continues to retain the sole right to select and assign Animal Services Officers to such search warrant duty. Noprovision of this section or its application shall be subject to thegrievance procedure. P. Life Insurance. Effective January '1 , 19971 $45 00:0 n1ma.l. oA� gaup Ter'm'Life I nsurance will: be, pro vided for Services� Officers. Premiums for this insurance will be paid by the County with Conditions of eligibility t be reviewed annually. Q. The County agrees that if there are amendments to State law during the term of this agreement that allow t employees in the� Animal services Officer series 0 be :eligible f r safety retirement, and such amendments are adopted by Resolution of the Contra Costa County Board of Supervisors, the County will meet and confer on this Issue. LOCAL NO. 1 - 190 - 1999-2005 MOU 58.2 -Aftwidani"-LA-Aide Unit RUM gal :,::Scr bs. The Animal Services Department agrees provide the employees in the Mass of e. s giBred Veterinary Technician with surgical scrubs. The employee is responsible for cleaning and maintenance of the garments. 58,12 - ttent�ar�t- V �A � e U�tit The following provisions are effective November 1 , 1989 unless otherwise specified: A. The County will observe the fallowing-:.. holidays: January 1 st, known as New Year's day 3rd Monday in January known as Dr. M. L. King Jr Day Mrd Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4thl known as Independence Day First Monday in September, known as Labor Day November 11 th, known as Veteran's Day 4th Thursday.in November, known as Thanksgiving The Friday after Thanks iving December 25th, known as Christmas Day' Such other days as the Board of Supervisors may by resolution designate as holidays. S. Employees in positions which are designated as 24- hour positions shall also celebrate: September 9th known as Admission Day Second Monday in October known as Columbus Day February 12th known as Lincoln's Day LOCAL N0. 119119992005 Mou 58.2 -A ttendent-LM-Aide Unit l C. Employees who only celebrate the -holidays fisted in A :s a above h 11 accrue two (2) hours of personal holiday 01 ay ere c credit per month. SU h :personal: holiday time may be taken ire incremoritS of one (1 ) hour: and preference of personal holidays shaIll, be given to employees according to their seniority in their departme nt as reasonably as possible. No employee may accrue more than forty (40) hours of personal. :holiday credit. ice On separation from Countyservice, an employe e shall be paid for any unusedpersonal holidays credits at the emplOYeels then Current day rate: D. The following provisions indicate how holiday Credit is to be applied: 1 Employees on the five .(5) day forty (40) hour Monday through Friday work schedule shell- ,be entitled . to a holiday whenever. a holiday is observed pursuant:to.the.,.schedule Cited: above. 2. Employees on a work schedule other: than : entitled Monday through Friday shall be to credit for any holiday, whether worked or hot,, observed by employees on the regular schedule. 3. For all employees, if a, work day falls, on a scheduled holiday they shall receive overtime pay or equivalent compensatory time. credit (Holiday Credit) for working the holiday, or if a ho1iday falls on the day off of an employee. the employee shall be given straight, time pay or equivalent compensatory time credit - 192 - 1999-2005 MOU LOCAL NO. 1 58.2 -Aftendant-LV -A are Unit The purpose of this plan is to equalize holidays between employees on r+ ularvorc schedule and those on other work schedules. If any holiday listed in Section 12.1 falls on a Saturday, it shad he celebrated on the preceding Friday. If any holiday luted in Section 12. 1 falls on a Sunday, it shall be celebrated on the following Monday. I=or employees in positions whose shifts include Saturday or Sunday as designated by the appointing authority gather than Monday through Friday eight (8) hours per day or a designated.4/10 schedule) holidays shall he observed on the day on which the holiday fads regardless if it is Saturday or Sunday. E: Permanent part-time and permanent-intermittent employees in the Hospital Nursing Bernice who -work on a holiday shall receive overtime pay or compensatory time credit for all hours worked, up to a maximum of eight {8}. Permanent part-time employees who do notwork on a holiday shall receive holiday credit in the same ratio to the hPliday credit given full-time employees as the number of hours per week in the part time:. employee's schedule hears to the number of hours in the regular full.-time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. LOCIAL. NO. 1 - 193 - 1999.2005 Mou ........... 58.2 A ftendant-L VN-Aide Unit F. 4/10 Shift HoljdWS_v t. Holiday Shift Pay. :Each 4/10 shift employee ee who p works a full shift on a holiday shall receive time and one-half for the first eight '} hours worked in addition to regular pay for the holiday. Holiday shift pay shell be subject to provisions of Section. 7 - Overtime. 2. Absence on Holiday. The maximum time charged. to sick leave vacation or leave without pay on a : 0� holiday shall betwo Whours. G. Accrual. of Holiday Time. Employees entitled to : overtime Credit in positions which work around the clock shall be permitted '10 elect between :pay at the overtime rate or compensatory time off in recognition of holidays worked. The: following procedures shal] apply to this selection: I . Elioib� employees may elect on a quarterly l e basis, the method of reimbursement : for work performed on hol.idays. The selection between accrued : holiday time and/or overtime pay::Must be mbounty d.uring, each of the calendar months of June, 8e0jember, December and March for the duration of this MOU. 2. Employees starting work after a list of those electing to accrue holiday time has been and approved, will be submitted to the Auditor paid overtime unless they specifically requested LOCAL NO. 1 - 194 - 1999-2005 MOU . • At badght�LVM A 4 Unit in writing within seven (7) calendar days to be placed on the accrual list. . Holiday time shall be accrued, t at the rate of one and one-half (1-1/2) time the actual hours worked to a maximum of eight ( ) hours gored by the employee. 4. Holiday time may not be accumulated in excess of two hundred eighty-eight (288) working hours. Holiday time may, be accrued up to two hundred eighty-eight (238) hours, exclusive of regular vacation accruals. After two hundred eighty-eight (283) hours, holiday time shall be paid at the overtime rates specified in Section 7. .'' Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the Department Head. H. Each permanent employee working in the Hospital Nursing Service andwho qualifies for paid holidays shall not be required to work on at bast one (1 )' of the w falloing holidays each yeas: Thanksgiving, Christmas, New Year's Clay. 1. Employees in this unit who are employed at CC RMC and are required to work on Thanksgiving, Christmas or New Year's Day will be provided a free meal in the Hospital cafeteria between the hours of 6:00 a.m. and 0 p.m. LOCAL NO. _ 195 - 1999-2005 MOO ........... 58.2 - Attendant-LUN-Aute Unit J. Shift Differential. 1 . An employee who works overtime shall receive shift differential: in addition to overtime compensation only when the overtime hours independently Satisfy the requirement for shift differential as stated above. The shift differential shall be computed on the emoyees basepl salary. 2. When a shift employee works on a. recognized holiday, the employee shall be entitled to holiday pay and shift differential to be computed on the employee's base salary. 3. An employee in the Hospital Nursing Service who works an evening shift in which the employee .. works four (4) or more hours after 5*00 p.m shall receive ashift dMerentia I n a of seven and one-half percent (7-1/2%) of the employee s base pay. Split shifts in the Hospital Nursing Service with more than one and one-half (1-1/2) hours between the two portions of the shift shall also qualify for the seven and one-half percent (7- 1/2%) hourly differential. An employee in the Hospital Nursing Service who works a night shift in which the employeeworks four (4). or more hours before 8:00 a.m. shall receive a shift differential Of ten percent (10%) of the employee's base pay., LOCAL NO. 1 - 196 - 1999-2005 MMU 58.2 • Attehd,6n �LVN-A1d9 Unit K. ca11. A ten percent 0 001/0 base pay salary differential shall be paid for those shifts on which employees in this end/or other Local No.. 1 bargaining units are specifically assigned by the administration to respond to emergency satµcalls if said employees do not gualif�r for other hazard assi nrr�ent differential. A five percent (5%) base pay salary differential shall be paid for those shifts in which employees , are specifically assigned to respond to emergencystat- colls if said employees qualify, for ether hazard assignment differential, said five percent (5% to be in addition to the Lazard pay differential. It is further understood that accepance of the assignment to f'or those employees hired prior to April 1 , '1 g g shall be voluntary, provided, however, if insufficient employees volunteer for the stat-ce is as i n mer o additional a �n ploy+e+ are required on a particular shift, nursing 'administration shall select employees under their supervision judged to be qualified lified to handle such ass1griments because of priorexperience and training. Hospital ospital Attendants, Psychiatric Technicians and Licensed vocational l�Iurses hired on April , "1 979 or thereafter V111 be advised that they may oe required to handle stat-callsand if required will receive training for such assignments. It is the intention of administration to assign employees to stat-calls on a continuing volunteer basis. Employees may request that they be removed from the stat-calls assignment by submitting a regue t in nrritina stating the reasons for such request. The administration may remove employees from the stat_calls assignment where it is LOCAL NO. 1 - 197 - 1999-2085 MOV ............ 58.2 -Aftendant-LM-Aide Unit demonstrated they are no Iona- er capable of handling,. such assignments. Effective October 11 1994 the STAT Team shall be com posed of volu nteers. This shall be .a six (6) month trial program subject to joint labortmanagerrient review at the end of six (6) months. L. Professional Standards omMittee. The County recognizesthe continuation of an ad Visory Professional Standards C orn s ommittee. comprised ed of Licensed Vocational Nurs es Psychiatric Technicians and Hospital Attendant employed in the n s Health Services Department. Such a committee. shall develop an mendations only t - U d co m nicate recom 0 the Director of Hospital Nursing or Director of Ambulatory Care Nursing and Hospital Administration., The Professional Standards Committee shall,schedule .( agreeable� : one I) regular meeting at a mut . time and. place during the day shift working hours, and the He alth Services Department agrees to ,release a total. of six (6). employees; thjree Licensed Vocational Nurses, one (1) Surgical Ted hniciah and one . 0 Psychiatric Technician.,.and one (1) Hospital Attendant for a period not to exceed two (2) hours excluding travel time for yone me attend such an member to atte meeting. Such Committee, , members.. and their alternates shall be selected by Local No. 1 . Numerical membership on the Professional Standards Committee shall be such so as, to preclude disruption of work activities of any particular work area and shall include at least one (1) representative from the outpatient clinics. Upon two (2) week 's notice the LOCAL NO. 1 _ 198 - 1999-2005 MOU 58.2 -Attendant-1.1/111-Aide U'ni't Committee may request, with approval of the Director of Hospital pursing or Director of Ambulatory Care Nursing as appropriate, that other personnel attend the no meetings, provided that such personnel are furnished with the reasons they have been invited and a written agenda for the meeting they have been asked to attend. The Health Services Department agrees to meet with the LIEN-Professional Standards Committee within sixty (60) days following the ratification of this MOU to discuss such issues as scope of practice, team nursing and the float policy. 1111. Detention Facility. Members of the unit assigned to work in the detention facilities (including Marsh Creek, - west County, Orin Allen Youth Rehabilitation Facility, Martinez Detention Facility, Juvenile Hall, Chris Adams Girls Treatment Center, and Summit Center for goys} shall receive in addition to their base pay a differential of five percent (5%) of base pay as premium compensation for this assignment. N. weekend [differential. Employees in the Attendant/LVN/Aide Unit shall receive a weekend shift bonus of five dollars ($5.00) per shift for each weekend shift 'worked which. 1 ) falls on weekends for which the employee is not scheduled to work in their normal work schedule; 2) falls between the beginning Of the night shift on Friday and the end of the evening shift on Sunday; ) is worked for the full duration of the shift; and 4) is not the result of a trade. The LOCAL No. 1 - 199 - 1999-2005 IV OU ..........- 58.2 Attendant-LM-Aide Unit employee is to note such qual.ifying shifts on his/her time sheets in order to receive this compensation. o. Hospital Schedules. TheHealth Services Department shall continue to schedule Licensed. locational Nurses, Psychiatric. Technicians and Hospital Attendants with every other weekend off. P. Permanent-Intermittent Differential.. Permanent- int rmittent Licensedvocational Nurses and Psychiatric Technicians shall: be paid a differential of seven and one-half (7-1/2) percent.of their base pay. Q. .R. On -Call. A Surgical: Technologist assigned to on- call for the Operating Room or Post Anesthesia Recovery shall be paid one (1 ) hour of straighttime 'pay for each two (2) hours on-call. A Surgical TechnoI6 ist who is in on-call status for the Operating 9 s a r Room and :is called back to duty sha[I be paid for the actual time spent plus: one (1) hour, but not lessthan three (3) hours total: for each. call-back. On--caflpay. will not be: paid for call-back time.' R. Contiguous Shifts. At the County's request, Jf an employee in this unit works on all or parts of two contiguous shifts (more than eight (8) continuous hours) which is outside the employees regular work urs on schedule and 9 s the first eight ho: fat one day and the additional hours fall on the following day, the employee shall be paid a differential of one half (Y2) the employees base salary rate in addition to the employees base salary rate for the hours worked in excess of eight (8) hours. LOCAL N - 200 - O. 1 1999-2005 MOU 5 3;2- A ftehdanf-LVN-Aide Unit Em.plc yeas in this unit working at the CCC,RMC who, at the County's request work two contiguous shifts (sixteen (1 ) continuous hours) shall be provided a real in the hospital cafeteria at no cast to the employee F r plpyees in the Hospital Nursing Service who work a double shift shad receive twenty-five dollars ($25.001) in addition to all other compensation for each double shift worked. Employees who work from the beginning of their regularly scheduled shift to the conclusion of the next scheduled shiftwill be considered to have worked a double shift. If the second shift is not completed, the premium will be prorated. if the total hours worked, excluding lunch breaks, exceed sixteen (1 ) hours, additional prorated premium will be paid. S. Continuing Education. Each regular full-tuneLicensed Vocational Nurse and Psychiatric Technician with one or, more years of County service shell be entitled to forty ( o) ,hours leave with., pay each year to attend accredited' continuing education courses, institutions, workshops, or classes. Full-tune Surgical Technicians will be entitled to fourteen (14) hours per year for the same purpose. written requests for such leave must be sub► fitted in advance and may be approved by the appropriate supervisor only in the went such leave docs not interfere with staffing. The leave is accumulated from year-to-gear if; 1 ) it is applied for and denied, 2) it is applied for this year fora course next year, and 3) if it is applied for to anticipate taking a specific course of more than forty (40) hours duration. The 'maximum leave available in any fiscal LOCAL No.-1 - 201 - 1999-2005 MOS 58.2 - Attendant-LM-Aute Unit year may not exceed twice ghat may be accrued in any One fiscal year. The leave hereinabove defined shall not apply to those courses or. programs the nurse is required by the County to attend. d. Licensed Vocational Nurse or Psychiatric Technician assigned to the night shift who attends a continuing education course of eight 8 hours duration outside his/her scheduled work ti. memay receive educational leave pay for: the actual course time end may be excused from the night shift immediately preceding or following the course attended. An employee who attends,a pre-approved course on a date for which he/she is net regularly scheduled to +arts or who completes a pre approved home study course, will be granted CE tune Off for the number of hours 'equivalent of the CE units earned. On! 5: rd of Registered purses Accredited Courses will be approved. Such time off must be scheduled in advance by mutual agreement between the employee and the supervisor. Each full-time Registered Dental Assistant with one or more years of County service shall be entitled to four ( ) days of paid continuing education leave every two (2) years. Permanent pert-tune employees shall receiveprorated CE leave in the same ratio of their position hours to full-time. LOCAL NO. 1 - 202 - 1999-2005 MOU Each full-titre Hospital Attendant with one or more yearscif County, service shelf be entitled to forty-eight (48 hours of paid continuing education leave every two (2) years. T. Chime Pay. A fully certified Licensed Vocational Nurse or Psychiatric Technician who, at the County's' request, is placed in change of a wuard for an eight (8) hour shift # all receivean additional' five dollars ($5.00) per shift. U. hospital Call-in Pt`ocedures. The following procedures shall apply, to employees in the class of Licensed Vocational burse; Psychiatric Tochnician and Hospital Attendant ernployed at CCCRMC who become ill prior to a scheduled work shift and supersedes Section .1.4.4 of this 11/ OU. 1 . Employees to the HospitaI Nursing Service are required to notify the Nursing Office at least two (2) hours prior to the commencement of the evening or night shift or one (1) hour prior to the day shift if they are calling in sick or, requesting unplanned time off. Employees in the Ambulatory Care Nursing Service. are required to call in at least one (1) hour, prier to then scheduled shift and leave a message to voice mail. Notification Shaft include the reasons and possible duration o the absence. 2. Employees in the hospital Nursing Service returning from sick leave or emergency leave of any kind mint give two (2) hours prior notice LOCAL NO. 1 - 203 - 1999-2005 MOU .......... 58.2 -Attendant-LM-Aide. Unit - unless it was clearly understood at the outset of the 16 ave: when: the eMnInvee planned t return. employee Nursing In the Ambulatory Car Nurs Service, t& the extend f possible, trriployees should: notify the Charge Nurse by 4:00 p.m. of the day preced.ing their anticipated return. : 3. Employees in the Hospital Nur ing Service calling in sick, asking for emergency time off or catling in to say they will be late, rnustcall the Nursing V s Office directly and not their unit area to ad i ' e of their intentions. , 4. Employees who do not give the required re notice of their intent not to dome to work as scheduled for shall. be coded as absentwithout pay Da yroll provide purposes unless they p rov a reason which is satisfactory to Nursing Administration. Infrequent absences with justification shall normally later be: ch-argetI,to sick le:ave. Hospital Nursing Service or Ambulatory Care Nursing Service employees who are CalIed in to work a shift for which'they are notscheduled after that shift has begun shall receive; payment for actual time worked plus one (1) hour and-shall be paid a minimum of two (2) hours pay. V. Vacation. The following vacation accrualsshall be effective October 11 1981 for employe es in the Attendant LVN-Aide Unit and other accrualslisted in Section 13.2 shall not apply. LOCAL NO. 1 - 204 - 1999-2006 MOU 58.2 -Attendant-LM-Aide Unit l lax.cl. mulative . gnat f Service yrs crs Under 15 years 10 240 15 through 19 years 13. 113 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-113 560 Vacation for employees in the Hospital and Clinic Civisions Hospital pursing Service (including the Detention Facilities) end Ambulatory . Care Nursing Services shall be scheduled on an annual cycle, April 1 through March 31 . Employees must submit their written vacation request 'by March 1 st of each year. The hospital will pest a scl edule of va cations by April 1 st of each year. Only one employee per classification from each worksite and shift may receive vacation at the same time. In case of conflict, the employee with the greater length of service in their classification will receive the requestedvacation time. Less senior employees will be given the opportunity to request .a different time before the annual schedule is posted. Vacation requests submitted after March 1st shall be considered on a first come basis and shall be subject to staffing. availability. An employee voluntarily changing worksite or shift after March 1st must resubmit a vacation request for consideration on a first come :basis. LOCAL No, 1 -205 - 1999-2005 MoU .......... 58.2 -Attendant-LVN-Aide Unit Vacations which include major holidays Thanksgiving, Christmas and New Year's Day shall be JAU i . : rhIn.66 by rotated amongst staff rather thandetermined seniority. W. Appointment Saiary. The County may hire new employees into classes in: this bargaining: unit: at any step of the salary range for the particular class. Consideration shall be given to the qua.lifications, of the appointee relative tt current incumbents. The County shall advise the Union of any appointments made at a salary level : higher than that of an incumbent with equal 4uaflifid6tions. X Low Census. Unanticipated declines in hospital , t patient:� census may result in thy: need toemp 0;rarily s me requ. �rin reduce: staffing hours for period of time not I :g e formal layoff procedures. Wn occurs,this the Hospital Nursing Service shall use a variety of procedures to call : off and reassign staff. Those -emphasize e call off res will generally th :1 procedu y of volunteers first, and the retention of permanent employees. ti: Employees may voluntarily request accrued Me off by calling theStaffin9 Officeand asking to be placed on a standing y i Absent Da list to be used for voluntary call bff,,§ in future low census days. s. : The Staffing Office will seek voluntary calloffs on a shift-to-shift basis. LOCAL NO. 1 - 206 - 1999-2005 II OU 58.2 -Attendant-L -Aide Clair Employees will be floated to available assignments in other unity for which thyr on or otherwise qualified. If necessary, as assessed on a daily basis, employees will be required to take Involuntary Cell Off days on an equitable rotation. Order of Involuntary Call Off will norma4ly be Registry, Temporary, Permanent intermittent, rmanentintermittent, Permanent Part Time and Permanent Full-time. The maximum number of Involuntary Call Off days per permanent employee will not exceed one shift per month or three ( ) shifts per. year. Permanent employees will be offered the option of: using vacation or holiday accruals if the employee has the accruals available. Otherwise, the employee will be placed on LT, Overtime or registry purses Will not be assigned to 'work on units for which an employee who is on Involuntaryfall cuff day is qualified to work. Involuntary Call tiffswill be reasonably distributed among the various nursing classifications consistent with the staffing patterns for patient census and acuity needs. Employees will be notified a minimum of two hours in advance of each shift for which an Involuntary Call Off day is assigned. In the event such notice is not given, the affected employee will receive a minimum of two (2) hours work at the employee's regular rate. Should the hospital make such a documented attempt to notify the employee of a 'cancellation of shift, but be unsuccessful in doing so this pay provision will not LOCAL NO. 1 - 207 - 1999-2005 MOU ............ 58.2 -Attendant-LM-Aide Unit apply. It is the responsibility of the employee to maintain a current telephone number with the S affing Office. Failure to do so ,relieves the Hogita[; of the P notification and pay obligations. The same procedures will be used in the event of , reduced: patient visits in the Ambulatory Care N ursing Service. They mill be applicable at all 'Clinics and Health Centers. *11 apply in the These procedures wi hospital when the patient census falls below 120. This provisiOn s hall 0- U ffectforthe duration du ti n of thi MO remain in e S - Y. Central For employees in Central uply, the I S p County will provide pant suits as an option and: shall also provide poncho type rain apparel as needed in: rainy weather. Employees in Central Supply are scheduledon the e-half: hour day and are� on basis of an eight and on, their own time during the lunch period. If opera t*10 nal oy e. ing. :e. reasons preclude an empl ee froM I av*, the work area durina the lunch period, such time shall be considered worked and will be paid at the overtime rate. The Health Services Department agrees to study the organization of work and classifications within the Central Supply Division. The study will begin within ninety (90) days following the ratification of this MO . LOCAL NO. 1 - 208 - 1999-2005 MOU 58.3 . Building Trades Chit Z. 'ubltc Service OfficersAt the Service Integration Irograrn Farr ily Service Centers, the Public Service Officers shahbe allowed a one-half (Y2) hour paid lunch to remain 'on-site throughout the 8.30 a.m. 5.00 p.m. service hours. 53.3 - Trades unit A. The County shall continue to supply employees in the Building Trades Unit with specific tools which shall be rnaintained and secured on County premises. No tools ether than those supplied_. by the 'County mai be used except upon prier authorization of the County. -B. The County shall pair each employee in the Building Trades Unit a reimbursement of twenty-five dollars ($2 5.0P) per month, such to defray, the cast of supplying and cleaning clothing' worn in the performance of regular duties. C. Employees in the unit assigned to work in the County Detention Facility shall receive in addition to their base pay a differential of fide percent (5%), of base pay as premium compensation for this assignment. The County will provide reimbursement, up to fifty dollars ($50.00) per calendar year to Painters and Steamfitters for special blood tests,' the purpose Of which is to detect lead or 'other heavy metals. A statement from the Physician must be submitted with the receipt'. LOCAL NO. 1 - 209 - 1999-2005 MOU .......... 58.4- Deputy Public Defenders Unit Employees in the unit who work four (4) or more hours of overtime afterscheduled - red.0 mid,n:ight on a reg.u.,16ly: sc., work day may request and scall be granted the use of . � vacation, holiday orcompensatbry timeforall or part of that day. 58.4 - Depuly Public Defen.deEs A. Professional Advisgy Committee. The: Professional Advisory 1 Committee shallbe continued. Said composed committeeshall be comp of not more than two: : employee representatives appointed he: Public (2).emplo : by Defenders Unit of Local: NO.: 1 and two (2) de partment hall meet a request representatives and s t the re ue of either party, within a reasonable period of time. B. Paid Personal Leave. On January 1 st of each, year, empbyees I in the classes of Peputy Public :DefendEw .. . 11 be credited ht80 llj111, and: IV and will dit t! with eigy ( ) hours of paid personal leave to ::re ogViz n e this unavailability of overtime payments and .,compensatory time off for Deputy Public Defenders. Employees appointed after July July 1 st shall' be eligible fofor rty (40) hours of paid personal . leave on the first succeeding January 1 st and shall be eligiibI: e for eighty' (80) hours annually thereafter. Said personal leave must be used during the calendar year in. which credited and may not be carried forwar& Paid personal leave is sep arate from paid vacation and. will be accounted for accordingly. Upon separation from County service, there shall be no payoff for unused personal leave credits. -2005 MOU LOCAL NO. 1 - 210 - 1999 58.4 - Denuty Public Defenders [brit C. The Public Defender's Office agrees to continue the current leave policy for Deputy Public Defenders. D. Effective July 1 , 1992, the Public Defender's Department agrees to discontinue the current Miranda Watch provisions that provide for one day of compensatory time for each week of Miranda Veatch as set forty in the agreement between the County and the Union dated February 19, 1980. E. The County shall reimburse each Deputy Public Defender up to a maximum Of five hundred dollars ($500) for each fiscal year commencing July 1 , 1997 for the following types of expenses: membership dues in legal, professional associations; purchase of legal publications; legal on-line computer services and training and travel costs for educational courses related to the duties of a Deputy Public Defender; and software and hardware from a standardized County approved list or with Department bead approval, provided each Deputy Public' Defender complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Commencing July 1 2000, the maximum will be increased to six hundred dollars ($FOCI) for each fiscal year. Any unused accrual may be carried forward to the next fiscal year up to seven hundred dollars ($700). Commencing July 1 , 2000, any unused accrual may be carried forward to the next fiscal year up to eight hundred dollars ($800). The Training Reimbursement provision contained in Section 28 of this MOO shall ___LOCAL NO. 1 - 211 - 1999-2005 MOu .......... ........................ .............. ............. 58.4 - Deputy Public Defenders Unit not apply to employees in the Deputy Public Defenders Unit. The County shall reimburse each Deputy Public Defender for California State Bar membership dues (but not penalty fees) and for criminal specialization fees. To be eligible, one must be a permanent Deputy Public Defender with the Contra Costa County Public Defendees Department as of January 1 of the calendar year for which reimbursement is requested. F. Effective the first of the month following adoption of thi s MOU, the vacation schedule listed below shall be C'�'Defenders' Grades 1, 11, maintained for Deputy Publi III, IV. Max. Cumulative -.Len-qth of Service Hours Hers Under I' I years 10 240 11 years 102/3 256 12 years 11 1/3 272 13 years 12 288 14 years 122/3 304 5 -1 19 years 131/3 320 20 - 24 years 162/3 400 25 - 292 years 20 480 30 years and up ' 23-1/3 560 G. Effective November 1 1984, agency shop provisions, Local as cited in Section 2.2 of the MOU between Lo I No. 1 and the County become operative. H. Effective the first month following execution of this MOU or as soon thereafter as possible, Deputy Public LOCAL NO. 1 -212 - 1999-2005 MOU J'''8.4- Deputy public Defenders Unit defenders will be covered y a long-term disability insurance policy identical with that currently covering ernPloyees in the Deputy District Attorney class series. 1. Public Defenders may choose reimbursement for up to one-third (1/3) of their annual vacation accrual, subject to the.following, conditions: 1 . The choice can be made only once in each calendar year. 2. Payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33. 3. The maximum number of 'hours that may be reimbursed in any one year is cine-third (1/3).. o the annual accrual In these instances where a lump sura payment hes been made in lieu of a retroactive general salary adjustment for a portion of the calendar year which is subsequent to exercise by an employee of the vacation buy-back Provision herein, that employee's vacation buy-beck shall be adjusted to.reflect the percentage difference in base pay rates upon which the lump sum payment was computed provided that the period covered by the lump sure payment was inclusive of the effective date of the vacation buy-back. LOCAL NO. 1' - 213 - 1999-2005 MOU 58.4 - Deputy Public Defenders Unit The granting ;of such vacation buy-back is subject to the sale discretion of the Public Defender whose decision is final. The Public Defender will meet and confer with h employe representatives to develop criteria for the granting of such vacation buy-back. J. Life insurance. Effective February 1 ,1997, $45,000 'Group Term Life Insurance will be provided for Deputy Public Defenders. Premiums for this insurance will be paid by the County with conditions of eligibility to be reviewed annually. K. Deferred Compensation, Effective February 1 , 1997, employees represented by Local One in the Deputy PublicDefenders'' unit will be eligible to participate in the County's Deferred Compensation Plan. The County will contribute forty $40) dollars per month to the deferred compensation accounts of all employees in the Public Defenders' Unit' who participate in the County's Deferred Compensation Flan. To be eligible for this contribution, qualifying employees must. Complete a County interest form and return it to the Benefits Service Unit, deposit the Qualifying Base Contribution Amount indicated below in his/her deferred compensation account, and maintain a minimum monthly contribution to the deferred compensation plan in the amount indicated below. -2005 MOU LOCM. NO. 1 _ 214 1999 tepur Public Defenders Uni'f Current Qualifying Monthly Base Contrib. Monthly Base Contr. Aunt. For lUlaintaining Salary Amount Incentive Eligibility $20500 ani below $ 250 50 $2,501 - 3,334 500 50 $3,335 - 4,167 750 50 $4,168 - 5,000 1000 50 $5y001 '- 5,834 1500 100 $5,835'- 6,6617 2010 100 $51668 & Above 2500 100 Only those contributions made to the Deferred Compensation Program as of the date the employee suns the County interest form qualify sunder the program as the "Qualifying Base Contribution Amount". .If for any reason an employee's monthly contribution falis below the minimum amountrequired, the employee is no longer eligible for the County's forty ($4g) �Iollars per month contribution and he/she must requalify fpr the contribution by again satisfying the above listed criteria. L. Effective the first of the month in which the Board € f Supervisors approves the Letter of Understanding dated December % 1999, performance pay may be granted in recognition of outstanding performance o employees in the classification of Deputy Public Defender IV as follows: 1 . Two and cine-half percent (2-1/2 %) step. 2. Employee must be at top merit step of the salary range. LOCAL No. 1 -215 - 1999-2ab5 M�lll .......... 8 -5 .4 Deputy Public Defenders Unit 3. Award must be based on an annual evaluation of work.,performance., 4. Will be awarded on the employee's anniversary date. 5. Shall remain in effect for twelve (1:2) months only. 6. May be rescinded effective the first of: any month based on an evacuation o, f performanc M. Publ,ic, Defender Investigators. Benefits under, Section 68.4 Deputy PVbli - Defenders Unit, that. . are : - applicable to Public Defender Investigator 1 and 11 shall be listed below: Commenting 'o 0 Oct ber 1 999, the Countyshall.. Defender Investigator up. . o a reimburse ,,.each Public maximum of two. hundredfty, I dollars. 25 each fiscal year for the following types of expenses: membership dues in investigati ..on.Aegall:.-ptof.r.!�es!si,ional,,. associations; purchase of investugation/legal publications; and training-, travel costs for educational courses re ated to the duties ., of a Public Defender I nvestidator:'. and software ,. and hardware from a standardized Countyapp roved.list or. with Department Head approval, provided. each Public: Defender Investigator complies with the provisions . of the Computer Use and Security Policy adopted by the Board of Supervisors.,. LOCAL NO. 1 - 216 - 1999-2005 MOU 58.5- Engineering Chit Any unused accrual may be carried forward to the next fiscal year 'up to three hundred seventy five dollars 75). 58.5 - Enneerng knit A. The Public works Department will continue a one-half Y2) hour lunch period for all employees in the classification of Junior drafter and Senior Drafter. Management will determine the time of the lurch period and tate starting and quitting' times for each employee. Crucial to the continuance of the one-half (Y2) hour lunch period will be the impact on service to the public. The existing system of one-half (Y2) hour lunch periods in the Assessor's Departmentwi4l be continued. E. Eth.ployees in the classifications of Grading Technicians and Senior Grading Technicians shall be reimbursed for the ao#u cost of rain gear up to a maximurn cif thirty;five dollars ($36.00). C. The Public Works Department and the Assessor's Office shall continue a ftexible forty (40) hour work week for Junior Drafter and Senior Drafter. D. The County shall conduct an election among the members of the Engineering Unit to determine whether a majority of those voting wish to have State Disability coverage. LOCAL No. 1 - 217 - 1999-2005 MOU 58.6 - Family and Children's Semice Unit 586 - arty 14end Chi. dre.W.Si.service 1 mil -vice Un It It is understood for this Unit that 611 terms and. Adi ios of n the MOU shall apply except (1 ) those sections which pertain to the Merit System, (2) those limited in Attachment A, as modified below, and ( S3) entitled, Sections in the MW modified below: a., Salaries,. Because. employees in the FaMily and Children"s Services Unit receive externa.l. State and federal fundi.na for their,. programs.,.. these employees are not eligible for general , cost of liming.. wage adjustments negotiated, between Local Ona and the County. Should funds become available during the fife of this MCU from any of the. State orfederal sources fu,nding. theDepartment's mo. grams which the� Commu. nity Services Department deems appropriate for an annual cost of living adjustment or other salary - increase -for employees of the Family and. Children's Services Unit, the Department and: Local. One. shalt meet and , confer annual.l.y dqring, ,themonth ont of, July regarding the, distribution.of:these funds. The payment of any COLAs to employees in the Family and Children's Services Unit :resultingfrom thisprocess: shall be effective on the July: Is of that yea r., _ The above section 58.6,(a), will not be applicable during the term of this extended IVIOU. LOCAL NO. 1 - 218 - 19992005 MOO 58.6 - rFarmiiy and Children"s'Service Unit b. earation Thrc�urhayoff. All current IVIOU previsions regarding seniority and layoff- shall applyto employees of the Family and Children's' Services Unit with the following modifications which are implemented to recognize that some positions in the Division are not funded on a year-round basis and that annual work cycles of positions in the same class may vary: I Specific positions otherwise denoted "full time" may be assigned a work cycle which is less than a full twelve-month year: . Positions in the same class` may be filled on both s year-round (1 -r on h) andi less than year- round basis. Some employees will be subject to periods of layoff in accordance with the following provisions: a. Employees will be notified I at the bine of initial employment er promotion into the class , . as to the duration of the work year for the position beim filled b. Laid off employees are provided with an .assurance of return to work at the beginning of the next work cycle if the position is still funded. c. In situations where employees return to work together at the beginning of varying length work cycles, employees will be provided the LOCAL NO. 1 - 219 - 1999 2005 MOu► 511.6 - Family and Children's Service Unit opportunity to select assignment to the longer work cycle on the basis of seniority in class. This provision shall not apply to work cycles whichbegin at different times. c. Promotion. Promotional Opportunities shall be available within the Unit to members with the understanding that due to their Project status, the employees may not participate in Merit System promotional examinations. Notwithstanding this limitation, the Community Services Department may request that the Director of Human Resources announce open examinations on a restricted basis, such as "Open Only to Employees of the Community Services Department" for the purpose of targeting qualified applicants. When an examination is restricted to the Community Services Department, employees who have qualified and who have earned a score of seventy percent (70%) or more shall receive five one-hundredths (05) of one percent for each completed month of service as a permanent employee in the Community services Department continuously preceding the final date for filing for the examination. The credits shall be included in the final percentage score from which the rank on the list is determined. No employee' however, shall receive more than a total of five (5.0) points for seniority in any such examination. Employees are in no way restricted from applying to compete in any examination announced by the County on an "open only„ or "open and promotional" basis. LOCAL NO. 1 - 220 - 1999-2045 MOU 58.6 - Fain /y and Chidrn's Service tint d. Disciollinary Action. Employees of the Family and Children's Services Unit shall be subject to all provisions of MOU Section 24 Dismissal, Sus ensign Temoorary Reduction in . Pav and demotion, except that these references to the Merit System in 24.1 (c) and (k) are changed to read "County Service" and "County Ordinance or Resolution" respectively; and the reference to the Merit Beard in 24.5 and 24.6 c) shad be deleted e. Grievance Procedures. Employees of the Family and Children's Services Unit shall be subject to all provisions of MOU Section 25 - Grievance Procedure, except that if an appeal is made to the Merit Beard on the basis of alleged discrimination, such appeal may not also be subject to the grievance procedure. f. Reassignment and Bid Procedures. 'Itlfith aspect to reassignment of work location, provisions of MOM Section 22.3 - ReassIgnr ent of vv rk l-ovation, shall apply and are amplified as follows: 1 . The Family and Children's Services Division agrees to past all vacancies for at least fire (5) days to allow for reassignment applications. 2. In- considering any request for reassignment of Family and Children's Services 'staff, the Family and Children's Services Division will fill the initial vacancy with the most senior employee requesting the reassignment. Any subsequent vacancies which are created through filling the initial vacancy will be filled based on LOCAL NO. 1, 221 1999-2005 MOO 58.7- General Services and Maintenance Unit requirements of the Family and Children's Services Division. 3. (ince annually, on a date to be mutually agree d upon by the Department and the Union, the Department and Local One will conduct an open bid meeting wherein all employees may bid for vacant positionson the basis of seniority. Any vacant positions that existed as of thirty (30) days prior to the bid meeting will be filled by seniority. Additional vacant positions which are created through the 'bid procedure will also be filled by seniority. If all vacancies are not filled through the annual bidding process, the Division will Fill the positions based on Division requirements. 5887 - General Services and Maintenance Unit. A. General. All existing departments safety awards shall continue for the duration of this 11 I0-- B. Field Personnel. 1 The County will provide coveralls or overalls to each employee assigned to the paint crew and bridge crew in the Public Works Maintenance Division of the Public works Department and will launder such clothing on a regular basis. The employees will be required to select either coveralls or overalls, this choice shall be considered a permanent selection. Coveralls LOCAL NO. 1 - 222 - 1999-2005 MOU .7. General Services and Maintenance Unit shall be provided for the employee assigned to and operating the Cradall. 2. The Safety Committee of the Public Works Department, as previously referenced in a Departmental MOU, shall continue for the duration of this agreement. . Laborers participating in the Public Works Department Equipment Operator I training program and.who are employed as Laborers prior to July 1 , 1977 will be paid mileage allowance in accordance with the existing County policy such miles 'driven each day which exceed by ten (1 o) miles the miles driven between their residence and the location they worked immediately prior to entering said training program. It is understood that this agreement was made to take into account the very specialized nature of the aforementioned training program and should not in any way be considered as setting a precedent with regards to the County mileage policy. 4. The Public Works Department agrees to offer Defensive Driver Training to employees on road maintenance crews. 5. The General Services Department will meet and confer with the Union if it intends to increase the work test crews beyond nine (9) members. 6. On a trial basis for the employees in the General Services and Maintenance Unit, and at the sole LOCAL NO. 1 - 223 - 1999 x_2005 MOU ............. ........... General Services and Maintenance Unit ce Un n discretion of the Director of Human Resources upon written request stating: the reasons for such request, the Union may appoint an: individual to observe instructions given an oral 'board by the appointing authority on his/her own time. C. Shop Personnel. 1 . The County will pay Equipment Mechanics a tool. allowance of two hundred fifty dollars ($250.00) per calendar year effective January 1 . 2000, two hundred seventy-five dollars ($275.00) per calendar year effective January 1 , 2001 , and three hundred dollars ($300.00.) .per calendar year effective January 1 , 2002. Air tools will be considered an eligible tool . allowance item. The tool allowance benefit will be provided on a I reimbursement bass thro ugh submission of County payment demand forms with proof of purchase. 2. Employees in the classes of Equipment Mechanic, Apprentice Mechanic, Equipment Services Worker and Garage Attendant will have the choice of the County providing coveralls or pants and shirt. The employees will be requ]red to select either coveralls or pants and shirt; this choice shall ' be considered a permanent selection. 3. Employees referenced in C.2 above shall be provided with additional uniforms so as to enable the employee to have a clean uniform each day. LOCAL NO. 1 - 224 - 1999-2005 MOU 58.7- General Services and MaintenanceUnit te D. Building Iyainnance Miscellaneous ri Eloyees 1, 1Jnion Stewardsin the Building Maintenance Division shall be relieved from their assigned work duties by their supervisors within twenty-four (24) hours (excluding Saturdays, Sundays, and holidays) upon receipt of a request by an employee in that division to investigate and/or process a grievance initiated'by said employee. 2. The Building Maintenance Division of the General Services Department will continue the seven (7) day per week maintenance coverage of County facilities by Operating Engineers. 3, Custodians in the probation Department specifically assigned responsibility in writing for providing work training to assigned juveniles shall receive in addition to their base pay a differential of rive percent (5%) of base pay as premium Compensation for this additional responsibility. Such differential to be computed on the basis of hours actually spent in directing juveniles in work training. 4. The vacation scheduling procedure for Custodians I and 11 in the Buildings and Grounds Division of the General Services Department shall be as follows: All employees, in order of seniority, with the Buildings and Grounds Division of the General Services Department shall be afforded the LOCAL. NO. 1 - 226 - 1999''-2005 MOU 58.7- General Services and Maintenance Unit opportunity to indicate their preference of vacation dates for their vacation entitlement by area. If an employee wishesto split his/her vacation entitlement' and schedule a portion of his/her vacation at another time, he/ she shall be afforded a second opportunity to exercise his/her seniority in scheduling each second choice after all ether employee's vacations have been scheduled. For example: If an employee has a vacation entitlement of four (4) weeks and wishes to take two (2) of those weeks in July, his/her preference for the specific dates in July would: be reviewed by the department in accordance' with his/her seniority. Once the first choice of vacation dates for this employee and all other employees have been reviewed bv the department and scheduled by area in accordance with seniority, the employee may indicate his/herpreference of vacation dates for the remaining two (2) weeks of his/her vacation 'entitlement which again will be reviewed and scheduled by area by the department in accordance with his/her schedule 5. Cooks, Lead Cooks and operating Engineers assigned to the County's Main Detention Facility or the Marsh Creek Detention Facility shall receive in addition to their base pay, a differential of five percent (5%) of base pay as premium compensation for this assignment. LOCAL NO. 1 - 226 - 1999-200511 OU 58.7- Genera! Services and Maintenance Unit C. Custodians assigned to the County's Main Detention Facility or Marsh Creek Detention Facility and who are required to work in inmate modules shall receive in addition to their base pay a differential of fire percent '(5%) of base pay as premium compensation for this assignment. 7. The Building Maintenance Division of the General Services Department shall continue the safety committee of no less than two (2) employees selected by Contra Costa County Employees Association, Local No. 1 in the classes of window Washer and Lead Window washer to discuss various safety problems. This committee shall meet not less than once every three ( ) months nor more than once a month upon request of the employees. 8. The County shall pay Stationary Engineers and Lead Stationary Engineers in the General Services and Maintenance Unit a reimbursement of twenty-five dollars ($25.00) per month, to defray the cost of supplying and cleaning clothing worn in the performance of regular duties. g. The County will provide reimbursement, up to sixty-five dollars ($85.00) per calendar year, to permanent Groundskeepers, Gardeners and Lead Gardeners for the purchase of coveralls or overalls worn on the job. LOCAL. NO. 1 - 227 - 1999--2005 MOU 58.7- General Services and Maintenance Unit E. Communications: The Communications Division Safety Committee shall be continued. Said Committee shall consist of two (2) Communications Division employees selected by the Union. Said Committee shall meet quarterly with a Manager and the Departmental Safety Coordinator. Said meetings shall not exceed one (1 ) Deur in duration except by mutual agreement of the parties.' F. Sheriffs Personnel. The County shall continue to pay twenty-five dollars ($25.00) per month uniform allowance for employees in the Sheriffs Department who are required to wear a uniform in the performance of their duty in the following classifications: Sheriffs Services Assistant 1, Sheriffs Services Assistant 11and Storekeeper. G. wilding Inspectors. 1 . The Building Inspection Department shall pay Inspectors a reimbursement up to a maximum amount of fifty dollars ($50.00) plus sales tax per calendar year, for the purchase of knee pads and coveralls, and thirty-five dollars ($35.0.5) plus sales tax per calendar, year, for rain boots and rain gear. 2. Building Inspectors are assigned by the Building Inspection Department to Mousing Rehab, Mobile Dome, Commercial inspections Code Enforcement, Weatherization and Residential LOCAL NO. 1 - 228 - 1599-2005 MOU 58.7- General Services and Maintenance Unit inspection activities. These assignments may be rotated at the discretion of the Department Dead. H. Central Service. 1 . Local No. 'I will select a spokesperson who is an employee of the County Administrator's Office to bring to the attention of and discuss with the Department Dead or his designee at convenient times any safety problems existing within the department. 2. The County will provide employees in the class of Driver Clerk, poncho type rain apparel. The above does not exclude any other employee from bringing to the attention of the management of the County Administrator's office any safety problems that may exist. 3. Effective ;the first month following execution of this Mold, officeService workers will be paid at the applicable higher rate from the first clay when substituting on Driver Clerk routes. 1. Hospiall !'orkers. 1 . If an employee 'in this unit, employed at the County Hospital,` who at the County's request works on all or part of two contiguous shifts (more than eight (3)' continuous hours) which is outside the employees regular work schedule and the fiat eight 3) hours fall on one day and the additional LOCAL NO. 1 - 229 - 1999:2006 Mou 58.7- General Services and Maintenance Unit hours fall on the following day, the employee shall be paid a differential of one-half (fz) the employees base salary rate in addition to the employees base salary rate for the hours worked in excess of eight (8) hours. 2. Employees in this unit working at the CCCRMC who at the county's request work two contiguous shifts'' (sixteen (18) continuous hours) shall be provided a meal in the Hospital Cafeteria at no cost to the employee, 3. Employees in this unit who are employed at CCCRMC and are required to work on Thanksgiving', Christmas or New Year's Day will be provided a free meal in the Hospital Cafeteria between the hours of 8:30 a.m. and 61:30 p.m. 4. Where only one Storeroom Clerk is on duty on a shift at the main Hospital Storeroom on a given day, and the Storeroom cannot be closed for one- half (Y2) hour to permit that Storeroom clerk an unpaid lunch period, the Storeroom Clerk will be scheduled to work a straight eight ;(8) hour shift with a paid lunch period. 8. The County shall provide pantsuits as an option to employees in the classes of central Supply Technician, Lead Central Supply Technician, Institutional Services Aide and Institutional Services worker's who are normally furnished uniforms by the County. LOCAL NO. 1 - 230 - 1999-2005 MOU 56 7- General Services and Maintenance Unit 8. The County will provide poncho type rain apparel as needed for employees in the Hospital Central Supply and Environmental Service who are required to go outdoors while its raining. 7. Employees in the class of Cental Supply Technician are scheduled on the basis of an eight and one-half (8-112) hour day and are on their own time during their lunch period. If operational reasons preclude an employee from leaving the work area during the lunch period, such time worked shall be paid at the rate of time and one- half, J. Librau Personnel, 1 . Section 12 of this MoU regarding holidays is modified for all employees in this unit assigned to the Library to delete the day after. Thanksgiving as a holiday and to add the day before Christmas as a holiday. The Libraries will close at :00 p.m. on the day before Thanksgiving. 2. The Diver Clerk permanently assigned to drive the Bookmobile shall receive in addition to his/her base pay a differential of five percent (5%) of base pay as premium compensation for this assignment, 8. Employees in this unit assigned to the Library who work Saturday shall receive a five percent (5%) differential for all hours worked on Saturday. LOCAL NO. 1 - 231 - 1999-2005 MMU ........... ............ ...... 58.8 - Health Services Unit Said five percent (5%) differential shall not apply to any overtime hours worked on Saturday. 4. The Libraries Will close at 5:00 p.m. on New Year's Eve. Employees in this unit assigned to work at the Library shall rearrange their work schedules so that they work a full eight (8) hour shift. 58.8 U lea Services nit A. Public Health Nurses. 1 . The current Public Health Nurse Professional Standards and Practices Committee (PVCshall continue for the duration of this MOU. The PSPC will be comprised of seven members. 2. Effective July 1 , 1996, approved Continuing Education Leave (CE) time entitlement will be twenty-four (24) hours per fiscal: year for the full- time, permanent PubliC Health Nurse. Permanent part-time PHN's will have their approved CE time entitlement prorated on the basis of the number of hours they work in relation to the regular forty (40) hour work week With a minimum of fifteen (15) hours per fiscal year. CE time may be carried over into the next fiscal year and added to the CE time entitlement for that year without restriction, up to twice the annual accrual. Employees who have more than LOCAL NO. 1 - 232 - 1999-2005 MOU 58.8 - Health Sdiv ces Unit twenty-four ( 4) lours unused GE time at the end of fiscal year 981957 may carry over the entire balance into fiscal year 95/97. An employee who attends a pre-approved course on adate for which he/she is not regularly scheduled to work or who completes a pre- approved' horns study course will be granted CE time off for the number of hours equivalent to the CE units earned. Only Board of registered Nurses Accredited Courses will be approved. Such time off must be scheduled in advance by mutual agreement between the employee and the supervisor. 8. The pay differential between the classes of Public Health Nurse and Registered Nurse existing on 6130/85 shall., be maintained for the duration of this MO 4. Public Health Nurses may take either a half-hour (1/2) or one-hour (1) lunch break, provided the operational needs of the department are met. . The deep class resolution for Public Health Nurse shall remain in effect for the duration of this MOU unless modified by mutual agreement. 6. If reassignments` of less than eight (8) weeks duration are needed to cover for vacation relief, sick leave, temporary shifts in workload, training assignments or other short term needs, management shall solicit volunteers. If there are LOCAL NO. 1 - 233 - 1999-2005 MOU .......... ........... ........... .............. ............. ............. 58.8 - Health Services Unit insufficient volunteers, assignments will be based on inverse seniority Within the of program. 7. Vacations. a. Vacations for Public Health Nurses shall be scheduled on an annual cycle, April 1 through March 30. Employees must submit their writtenvacation requests by February 1st of each year. Administration will post a schedule of vacations by March 1st of each year. b. At least one Public Health Nurse from each office or program will receive scheduled. absences, including continuing education and vacation, at any given time. With t supervisors approval, additional nal time off requests may be granted, based on staffing and caseload. The employee With the greater length of service in their classification, will receive the requested vacation time. Less senior emp loyees will be given the opportunity to request a different time before the annual schedule is posted. Absencesfor sick leave, disability and regular days off will not be counted as scheduled absences. c. An approved vacation will not be unilaterally canceled. d. An employee voluntarily changing work position or assignment between programs or LOCAL NO. 1 - 234 - 1999-2005 MOU 58.8 Health Se/YCCes Unit regional offices after March 1 st must resubmit a vacation request for consideration on a'firstcome basis. e. Vacations which include major holidays, Thanksgiving, Christmas and New Year's Day shell be rotated amongst staff rather than determined by seniority. 8. Public Health' Nurses in Horne Health. a. Scheduling. The Horne Health:. Agency management is res ►onsible for developing a Countywide weekend/holiday schedule. That schedule will include four (4) nurses, one (1 ) with primary calf, two (2) with secondary call and the fourth with knack-up call'. The primary nurse on-call is responsible for covering HHA cases Countywide. The primary nurse position generally is filled by the two (2) permanent part-time, (PPT) weekend nurses (W/E) who will rotate on an every other week basis with the following exceptions:' 1 . The permanent pert-time WE nurses are never responsible for covering any of the four (4) major holidays, even if they occur on a weekend. 2. PPT WE nurses do not cover any mid- week holidays (Tuesday through Thursday). LOCAL NO. 1 - 235 - 1999-2005 MOU 58,8 - Health Services unit 3. Three (3) day weekends are covered by the PPT WE nurses on a rotating basis according to their schedule. 4. Any remaining weekend days, and all remaining holidays t0 be covered, will be assigned to HHA pool nurses according to an alphabetical rotation, but taking into consideration those nurses who have not yet been assigned a major holiday. 5. The secondary nurses are responsible for covering all the cases that cannot be seen by the primary nurse. Generally, the secondary nurses will work during his/her assigned weekend. The fourth nurse scheduled, the back-up nurse, will work only if one of the primary or secondary nurses is unavailable to work. 6 The 'secondary and back-up call fists are developed using the alpha list as a basic tool, modified to take into account the following principles: a. beginning with the new year where the previous alpha list left off; b. the previous major holiday assignments; LOCAL NO. 1 - 236 - 1999-2005 MOU 58.8 - Health Services unit c. personal preferences submitted by staff; d. avoidance of back-to-back weekend assignments, e. attempt to make scheduled weekends at least six weeks apart; f. attempt coordination of Central County Staff members with West County staff members on mid-week holidays and major holidays; . avoidance of scheduling an Individual for more than one (1 ) three (3) day 'weekend during the year; h. avoidance of scheduling any given employee for more than one (1 ) major and one (1 ) non-major holiday during the year L administration will attempt to ensure that no nurse is scheduled for more than six (6) weekends per year. b Major Holidays. The major holidays are: Thanksgiving Clay The day after Thanksgiving Weekend following Thanksgiving Day LOCAL NO,I - 237 - 1999-2005 MOU 58.8 - Health Services Unit Christmas Day New Year's Day Once a nurse has been scheduled for a major holiday, he or she will not be scheduled for an additional major holiday until everyone else has been scheduled, c. Filling Vacancies. Vacancies in the schedule will first be filledby nurses who volunteer to work additional call assignments, if feasible. New nurses will be used to fill vacancies on a proratedbasis. If neither of the above methods' is feasible, the back-up position will be shifted to cover secondary call and secondary call would be shifted to cover primary call. The resulting vacant back-up position will be " designated by HHA management. d. Trades. Call can be traded with the agreement of the two (2) nurses involved and approval of HI- A management. Nurses who volunteer for additional weekends will have those weekends count toward their maximum. A► nurse may request a day off following a weekend worked on-call, and will receive a day off during that 'following week: e.`' Permanent Part-tine Weekend Nurses. Permanent part-time (PPT) employees will normally;,work every other weekend but that schedule may be modified according to the LOCAL NO. 1 - 238 - 1999-2405 MOU 58.8 Health Sety ces Unit provisions for PFTs WE above. The normal work schedule for the 'PPT wIE nurse includes the day before the weekend worked and the day after, but this schedule may be modified at the request of the nurse with the approval of the supervisor. The remaining time of the PPS`s will be scheduled by the nursing supervisor, taking into account the preference of the nurse. f. Discharge Planner. The Discharge Planner r provided to CCC:RMC. by the HHA is not part of the weekend/holiday call schedule. B. Environmental Health 1 . Environmental Health Inspectors. The County shall continue the Professional Standards Committee comprised of Environmental Health Inspectors selected by Local No. 1 and employed in the Health Services Department who may, as a committee, develop and communicate recommendations to the Director of the Environmental Health Division of the health Service Department. The Professional Standards Committee may schedule only one (1) regular meeting each month during working hours, and the County will release from duty a' maximum of two (2) Environmental Health Inspectors for a period not to exceed one (1 ) hour for any Environmental Health Inspectors to attend such meeting. The agenda and minutes of each meeting shall' be forwarded to the Director of the LOCAL NO. 1 - 239 - 1999-2005 MOO U0 .8 - Health Services:Unit Environmental Health Division. It is understood that the Professional Standards Committee is advisory only and the subjects it reviews shall be restrictedto those directly related to Environmental Health Inspector's practices. 2. Hazardous Materials Specialists. Hazardous Materials' Specialists will be paid a differential of fifty dollars ($50) per month while participating on the Incident Response Team. C. Clinical LaboratoryTechnologist. The Health Services Department shall continue a stgcgered lunch period system for the Clinical Laboratory Technologist I & lI and Senior' Clinical Laboratory Technologist classifications in order to ensure uninterrupted lunch periods for these employees. A Clinical Laboratory Technologist 11 who, at the County's request, is placed in chane of clinical laboratory assignments for an eight (8) Dour shift, shall receive an additional five dollars ($5.00) per shift. Each full-time employee in the classes of Clinical Laboratory Technologist I & lI and Senior Clinical Laboratory Technologist will be granted sixteen (1 ) hours per year of continuing education (CE) leave to complete courses required for license renewal. For permanent part-time employees, CE leave will be prorated based on their assigned hours. Employees may carryover CE leave from one year to the next to a maximum of thirty-two (32) hours without restriction. - 240 LOCAL NO. 1 1999-2005 MOU 5i .8 - Health Services unit D. Ph sisal 3ccu ational Recreation Thera gists. 1. The present Professional Standards Committee for this group of employees will be continued for the duration of the MCU. . The present release time for staff development and flex time work schedule for Therapist in the California Children's Services Program will be continued for the duration of this MC U. If the County desires to change either of the above it will offer to meet and confer with the Anion before doing so. E. Substance Abuse Staff. There shall be a Substance Abuse Counselor Professional Performance Com ittee consistin of employees in the Substance Abuse Rehabilitation job series. The purpose of the Committee is to meet to consider and discuss patient care and professional practice. If may also formulate advisory recommendations and proposals concerning such matters. The Committee shall not discuss economic matters, such as wages, hours and other economic conditions that may be subject to meet and confer. The Professional Performance Committee may, schedule one ( ) regular meeting each month during' working hours, provided that such meeting shall not conflict with normal work activities and shall be agreeable to the Substance Abuse Program Director. The Department will release from duty no more. than three (3) Substance Abuse Counselors for a period not to exceed two (2) hours. LOCAL 1+10. 1 - 241 - 3 999-2005 Mou 38.8 - Health Services Unit.; Substance Abuse Counselors released for these meetings shall promptly report meeting and travel time to the Substance Abuse Program Director or designee. The Committee shall prepare written minutes of all Professional Performance Committee meetings; copies of which shall be distributed to the Committee members and the Substance Abuse Program Director. F. Mental Health Treatment Staff. 1 . A Labor/Management Forum Composed of two (2) Local No. 1 delegates and the Mental health Director will meet at least quarterly10 address the status and viability of the line staff/management working relationships. Areas Of ongoing focus will be communication and mutual cooperation. Specific issues of clinical, professional and programmatic concern can be addressed as necessary. An agenda of items to be discussed will be submitted to the Mental Health Director at least two (2) weeksprior to the scheduled meeting. 2. '' The Health Services Department agrees to' meet and confer with the union before contracting out any presently County operated mental Health Programs employing Mental Health Staff. 3. Mental Health Treatmentemployees shall receive a weekend shift bonus of five dollars ($5.00) per LOCAL NO. 1 - 242 - 1999-2005 MOU 58.8 - Health Services Unit shift for each'weekend shift worked which: ) falIs on weekends for which the employee is not scheduled to work in his/her normal work schedule; 2} falls between the beginning of the night shift on Friday and the end of the evening shift on Sunday; ''3) is worked for the full duration of the shift; and 4} isnot the result of a trade. The employee is to note such qualifying shifts on his/her time sheets in order to receive this compensation. 4. : Incumbents of the Mental Health Specialist 11, Senior Mental Health Counselor, Mental health Clinical Specialist or Clinical Psychologist classes may be designated as unit leaders. Unit leader assignments shall be at the sole discretion of the Division Director. duties of the unit leaders are described in the class specifications. Unit leaders will receive a differential of five percent (5%) of their base salary until such time as the unit leader assignment terminates. Unit leaders' wi11 continue to receive the five percent (5%) pay differential during the first thirty (30) calendar days of each absence for paid vacation, paid sick leave period, paid disability or other paid leave'. C. Pharmacy.' 1 . The County will grant forty (40) hours/year of continuing education leave to licensed Pharmacists who are ,required by law to complete such course work as a condition of renewing their license. LOCAL NO. 1 - 243 - 1999-2005 MOU 58.8- Health Services Unit 2. Where only one licensed Pharmacist is on duty at the Main Hospital Pharmacy on a given day, and the Pharmacy canna be closed for one-half (Y2) hour to permit that Pharmacist an unpaid lunch period, the Pharmacist will be scheduled to work a straight eight (8) hour shift with a paid lunch period. H, " Cardia-Pulmonary. 1 . The Health Services Department will continue the practice of staggered lunch periods to permit one - half (f2) hour unpaid lunch periods for Respiratory Care Practitioners 1/11. 2. The County will grant ' ten (10) hours/year of continuing education leave to Respiratory Care Practitioners 1/11 who are required by law to complete such course work as a condition of renewing their State Respiratory GAUP Practitioner 'Certificate. Employees may carry over CE leave from one year to the next to a maximum of twenty ( 0) hours without restriction. 1. Radiologic & Ultrasound Technologists. 1 , Radiologic and Ultrasound Technologists required to be on-call will be compensated with one (1 ) hour of pay for each two (2) hours of on- call time. 2 A five percent (5%) differential will be paid to any qualified Radiologic Technologist when LOCAL IVC?. 1 - 244 - '1999-2005 MOU ii.8 Health Services Unit scheduled to perform mammograms or CT sons on the day shift, Monday through Friday, or when completing the necessary paperwork. when performing CT scans or mammograms at other times, Radiologic Technologists will be paid the five percent 5% differential for actual time spent performing the procedure and completing the necessary paperwork. 3. When performing an angiogram other than day shift, Monday through Friday, the radiologic Technologist will be compensated at a flat rate of $500 per procedure. 4. Each full-time employee in I the classes of Ultrasound Technologist I & 11, and Junior Senior radiologic Technologist will be granted twelve (112) hours' per year of continuing education (CE) leave " to complete courses required for license renewal. For permanent part- time art- time employees, CE leave vii l l be prorated based on their assigned hours. Employees may: cagy over E leave from one year to the next to a maximum of twenty-four (24) hours without restriction. J. Dietitians. Full-time employees in a classification requiring possession of a ' Registered Dietitian's Certification shall be granted twenty. ( 0) hours per fiscal year of continuing education (CE) time off to complete the course work required for renewal. Permanent part-time employees will have their CE time entitlement prorated on the basis of the number LOCAL NO. 1 - 245 - 1999 2445 MOU 58.8 - Health Services Unit of hours of their position in relation to the regular forty (40) hour work week. Employees may carry over the CE leave from one year to the next for a maximum of forty (40) hours, without restriction. K. PublicHealth Nutritionists. Full-time employees in a classification requiring possession of a Registered Dietitian's Certification shall be granted twenty (20) hours per fiscal year of continuing education (CE) time off to complete the course work required for renewal. Permanent part-time employees will have their CE time entitlement prorated on the basis of the number of hours of their position in relation to the regular forty (40) hour work week. Employees may carry over the CE leave from one year to the next for a maximum of forty ( o) hours, without restriction: L. The following vacation accruals shall be effective October 1 1931 for employees in the Health Services Unit and ether accruals listed' in Section 13.2 shall not apply: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under' 15 years 10 X40 15' through 19>> years 13-113 320 20' through 24'years 10-213 400 25 through 29'years 20 ' 480 30 years and up 23-113 550 LOCAL NO. 1 - 246 - 19992005 MAU 58.9 - Investigative Unit M. Holida Meal. Employees in this unit who are employed at the CCCF 1IVIC and are required to work on Thanksgiving, Christmas or New Year's Day will be provided a free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and 6:30 p.m. This provision only applies to employees working on the day the holiday actually fells, N. Advance Step Appointments. The County may hire new employees into Masses in this bargaining unit at any step of the salary range for the particular class. Consideration shall be given to the qualifications of the appointee relative to current incumbents and shall advise the Union of any appointments madeat a salary level higher than an incumbent with equal quatifications C� Unpaid Lunch Schedule. If the Health Services Department determines that scheduled work days which include a paid lunch period (typically eight (8) hour days) are inconsistent with operational needs they may be rescheduled to include an unpaid lunch period with thirty (30) days notice. 58.9 - Investigative Unit A. The Side Letters of Agreement between the Data Processing Division of the County Administrator's, Office and Local No. 1 relative to shift/vacation bidding and the overtime sign up system shall be continued for the duration of the MOU, provided, however, that should management desire to change LOCAL NO 1> - 247 - 1999-2005 MOU 58.10 - Library Unit same, they will meet and confer before 'implementing a change. ' B. The deep class resolution for Collection Services Officer shall remain in effect for the duration of this MOU unless modified by mutual agreement. C. The Office of the Public Defender will continue the current policy regarding the use of County cars by Public Defender Investigators D. The following vacation accruals shall be effective for employees in the Investigative Unit and other accruals listed in Section 13.2 shall not apply. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-113 320 20'throutgh 24 years 15--2/ 400 25 through 29 years 20 480 30 years and up 23-113 550' 58.10 - Library Unit A. Section 12 of this MOU regarding holidays is modified for all 'employees in the classifications of this unit to delete 'the'day after Thanksgiving as a holiday and t0 add the Day before Christmas as a holiday. The libraries will close at 5:00 p.m. on the day before Thanksgiving. LOCAL NO. 1 - 248 - 1999-2005 MOU 5810 - Library Unit B. The Libraries will close at 5:00 p.m. on New Years Eve. Employees shall rearrange their work schedules so that they work a full eight (6) hour shift. C. It is the position of the Library Department that employees in classes represented in the Library Unit are on their own time during their lunch period and are not subject to be called back to work during their lunch period. D. For these Library employees whose day off occurs on a Friday payday, the Library Administration will make every attempt to have their paychecks available at the Library Administration Office prior to 5:00 p.m. on the Thursday immediately preceding that Friday payday. Representatives of the affected employees shall submit by 12:00 noon on that Thursday to the Supervising Clerk in Library Administration a list of names and work locations of the employees whose day off will occur on the Friday paydays and who are desirous of picking up their checks on Thursday. E. The Library agrees to continue to explore maximizing two days off in a row for library personnel covered by this IUM U F. County Library personnelshall get a five percent {5%) differential for all scheduled' hours worked between 6.00 p.m. and 9:00 p.m. G. Employees in the Library Unit, who work Saturday shall receive a five 'percent (5%) differential for all hours worked on such Saturday. Said five percent LOCAL. NO. 1 - 249 - 1999.2005 MMU 58.10- Library Unit (5%) differential shall not apply to any overtime hours worked on Saturday. H. 1n the event that Sunday is to become pert of the scheduled work week for Library unit employees, the County agrees to meet and confer with the Union regarding those employees who will be assigned to work Sunray as part of their regularly scheduled work week. 1. The County Library Reassignment Policy shall be as follows: Definition. A reassignment is the voluntary or involuntary transfer or movement of an employee from one work site to another in the same classification. Reassignment , Crime Reassignments are made to facilitate the Library System's service function an efficiency. Library Administration shall snake reassignments based on the needs Of the branch/system in re to public service' and will consider the following employee factors as they relate to these needs: the employee's job performance and development, the employee's subject/age specialization, the employee's seniority in the classification within the department, the distance between the work site and the employee's residence, and the assignment preferences of the employee as obtained by the procedures Outlined below. When circumstances other than seniority appear to Administration to equally or newly equally meet the system service needs, then seniority shall govern. LOCAL NO. 1 - 250 - 1999-2006 MOU 58.W- Library Chit In accordance with the above criteria, the Administration shall consider all Internal requests for reassignment before making an appointment from any eligibility list and in no evenf shall reassignments be utilized for disciplinary purposes. Procedures for Reassignment. Any employee may submit a request for reassignment tv Administration at any time. Such - requests will be kept on file for the current fiscal year. Announcement of vacancies from resignations or promotions shall be distributed to all geographic work sites for a posting period of five work days. The announcement shall include: (1) Classification and total hours of position; (2) work site; ( ) Age level assignments. During the posting period,, the vacancy shall not be filed. Vacancies occurring from transfers (spin-offs) cannot, in the interest of time, always be posted; but when such spin-off transfers can be anticipated, Library Administration will notify appropriate employees so that requests for voluntary , reassignment from interested employees can be obtained prier to any reassignment decision. Before any decisions necessitating involuntary reassignments are made, Administration Will solicit information from employees involved regarding their career, development, goals, assignment preferences and their view of branch needs.' This information will generally be obtained through employee conferences LOCAL No. 1 - 251 - 1999-2005 MOU 58.1 A - Library Unit with Deputy County Librarian or Assistant County Librarian. Whenever feasible, an employee who is reassigned Will: be given two (2) weeks notice. Any employee who has been reassigned or any employee who has requested a vacancy and is not reassigned to that positions may request `to meet with Administration to discussthe reasons for the decision, or may request the reasons be provided in writing. J. The Librarians assigned to work in the County Detention facility shall receive in addition to his#her base pay 'a differential of five percent (5%) of base pay differential as premium compensation for this assignment. K. The Library Practice Advisory Committee shall continue for the duration of this MCU. L. The County Library, agrees to continue the present vacation scheduling policy. Vacations in the Library Department are scheduled by location. Preference of vacation shall be given to employees at that location according to County service, as reasonably as possible. Vacation requests will be submitted by employees for the twelve (12) month' period, March 1 to February 28. Preference in choices of dates will be given on the basis of greatest County , service of employees submitting vacation requests by March 1 , irrespective of employee organization affiliation. LOCAL NO. 1 - 252 - 1999-2005 MOU 58.10 Lrbrat y Unff The process shall consist of the employee in the branch (or other work unit assigned), with most County service snaking his/herfirst chore of one continuous block of time, and continuing tothe next most senior employee, until each employee, on this first round, shall have been assigned his/her first choice (second or third if more senior employeels) also i requested the dates). This procedure shall be repeated for the second block of time, with the next most senior employee who requested at least two blocks of time, having first choice, from the remaining vacant time slots, and so on, for as many rounds of assignment as there were blocks of vacation time requested. Completed vacation schedule will then e posted in the branch or other work unit. Tho' e employees unable to specify a choice of dates will turn in a vacation request form with no choices indicated. Subsequent requests can then be made, in writing, at least two weeks before the requested vacation time. These requests will be granted on a "first come, first served" basis. Employees may cancel or reschedule their granted vacation dates. These cancellations and requests for rescheduling should be made, in writing, at least two weeks before the canceled or rescheduled vacation time. The rescheduling will be granted or denied according to same "first come, first served" basis mentioned above All cancellations' of previously approved vacation dates will be posted on Vacation Schedule, and be available to other employees on the basis of seniority LOCAL NO. 1 - 253 - 1999-2005 MOU 58.' 0 - Library Unit rather than "first come, first served." Upon reassignment, employees take their approved vacation dates with them to their new location, M. The Library Department shall make every effort consistent with efficient operations to provide that no employee shall be scheduled to work more than two (2) after fi.Qo p.m. shifts in a calendar meek, unless that employee specifically requests that shift for a specified period of time. No employee shad wont more than alf 'the Saturday shifts within a rnutuafly odr ed upon period of time (two (2) or eight (8) week cycles), unless' that employee specifically requests that shift for a specified period of time. Thirty-two (32) and twenty (20) hour employees will maintain a four ( day workweek unless employees specifically agree tO a variant days-off schedule. Choice of shift assignments at a work site shall be determined by Countyseniori#y in class. However, employees who mutually agree to trade shift assignments at a' given work site may do so, on a temporary or permanent basis, depending on their mutual agreement': N. Thirty-two (32) hour employee who voluntarily reduced their hours to reduce the impact of layoff shall be treated as forty (40) hour employee's for purposes of a future layoff: pursuant to Section 11 .4 of this MOU. LOCAL NO. 1 - 254 - 1999'-2005 MOU U0.10 -Librery Unit Q. Permanent full-time and permanent part-time staff represented by the Library Unit 0f Local One shat! be eligible for reimbursement of up to twenty=five dollars ($25) per fiscal year for membership in either the American Library Association or the California Library Association. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). The following vacation accruals shall be effective October I1 1981 for employees in the Library Unit and other accruals listed in Section 13.2 shall not apply. Monthly Maximum Accrual Cumulative Length of Service 1-lours H.ouLs Under 15 years 10 240 10 through 19 years 13-113 320 20 through 24 years 16-2/3 40 25 through 29 years 2U 480 30 years and up 23-113 580 P. ` When there are promotional or open and promotional exams for positions within the Library, the Library w 11 provide training for staff members who meet the qualifications for the position in order to assist staff to prepare for the exam. Q. The County shall' continue to provide to the Union' a copy of any layoff or recall list(s) for all affected employees in the unit. Furthermore,' it is agreed that the County shall continue to recall for all assignments, LOCAL No. 1 - 255 - '1999,-2005 MOU 58. 0- L ibraty Unit whether permanent, short-term or provisional, employees who have been reduced in time, demoted or reassigned to Permanent-Intermittent instrict seniority order. In addition, the County agrees to keep a written record of all offers of employment and assignments to affected employees and to make such information available to the Union upon request. Qualified eligible permanent employees will be considered for' actiLL ng or provisional appointments before filling vacancies with temporary employees. R. The County and Union agree to establish a joint labor- management task force to discuss workload related issues. The task force shall consist of up " to three members selected by the Union and up to three members selected by management. S. The Library will request that all vacant, funded permanent positions be filled following the adoptiLL on o the 1994-95 budget. T. The County agrees that all provisions of the July 1 , 1993 side letter regarding the San Damon Library will remain in effect for the term o this IIU. U. Effective February 'l , 2Og0, employees in the classification of Library Assistant who are regularly assigned "in Charge" at the Outlets (Rodeo, Crockett, Bay Point), shall be classified Library Assistant- Advanced Level. LOCAL NO. 1 - 256 - 1999-2005 MOU 5$.19 - Probation Unit V. The fallowing applies to all Permanent-Intermittent employees appointed after November 19, 1999, and to all current Permanent-Intermittent employees as of January y 1 2001 Permanent-Intermittent employees will be notified before being employed that they must agree to be available to worts at least 200 hours per year, and must be available to work no less than six (6) Sundays per year. The County agrees to make every effort to fill all existing Permanent-Intermittent vacancies. 58.11 ' - Probation Unit A. Pursuant to the Departmental Memorandum o October 28, 1974, the Probation Department will continue to receive and consider proposals for adjusted hours for employees in the Department subject to the criteria set forth in the aforementioned memorandum. Individual Deputy Probation Officers currently on a 4/10 schedule may remain on said schedule for the duration of the MOU except when a change to a 5/8 schedule is mutually agreed upon between the employee and their immediate supervisor. however, as positions vacate, the Probation Departrnent' reserves the prerogative to change the assignment to a 518 work schedule 'before refilling it. Nothing herein LOCAL NO. 1 - 257 - 1999-2005 MOU 58.1 - Probation Unit precludes supervisors from recommending;, that vacated 4/10 positions be retained. B. The current reassignment policy for Deputy Probation Officers in the Probation Department which is attached hereto shall remain in effect for the duration of this MCU unless modified by mutual agreement. C. It is the policy of the Probation Department that all unit supervisors hold personal evaluations and submit a written evaluation to all Deputy Probation Officers whenever such officers transfer from their units. D. The Department-Wide Probation Services Advisory Committee shah continue during the term of this MOU. E. The Probation Department will establish separate subcommittees of the Probation Services Advisory Committee for each of the major juvenile institutions (Orin Allen Youth Rehabilitation Facility, Chas Adams Girls Treatment Center and Summit Center for Bogs) prier to the expiration of this MOU on a trial basis, Representation on each such committee gill consist of two (2) Probation Counselors selected by the Union together with the manager of the facility. The subcommittee shall meet quarterly at a mutually agreeable time and place, discuss and resolve issues of mutual concern. The subcommittee may refer some problems to the department-wide committee for resolution. LOCAL NO. 1 - 258 - 1999-2005 MOU 58.11 - Probation Unit F. Probation Counselors who are designated as Juvenile Dail transportation officers by the Probation Department shall celebrate Admission Day, Columbus Day and Lincoln's Birthday as holidays in accordance with Section 12.1 of this MOU. It is understood that, with advance notice,. transportation officers may be required to work one or more of these holidays at the holiday rate of pay. G. If Independence Day, Christmas Day or Now Year's Day Fall on a Saturday or a' Sunday, Probation Counselors working in Probation Department twenty- four (24) hour institutions shall celebrate that Saturday or Sunday as the holiday. A Probation Counselor will be paid the holiday rate of pay if he/she is required to work a Saturday and/or Sunday] Independence Day, Christmas Day and/or Now Year's holiday. R Applicants who currently occupy a permanent peace officer,position in the Probation Department will not be required to complete the psychological screening or background investigation to promote to other peace officer positions in the Probation Department. Specifically, permanent Probation Counselors participating in the current promotional Deputy Probation Officer II examination will not be required to complete either psychological screening or a background investigation. Individuals who have only temporary Probation Counselor time with the County will be required to complete the full scale psychological and background investigation. LOCAL NO. 1 - 269 - 1999-2005 MOU 58.1 1 - Probation Unit L Effective the first of September 1090 temporary employees in the job classifications of Probetirn Counselor 1, 11 or III who have completed 2080 hours of employment are eligible to receive time and one: half (1-112) for working a holiday. J. Permanent Probation''Counselors of the Juvenile Hall, the Juvenile Community Services Program, Cerin Allen Youth Rehabilitation Facility, Horne Supervision, Chris Adams Girls Treatment Center and Summit Center for Boys w111 receive seven and one-half percent (7.5%) differential premium pay when assigned as "Lead Counselor" for the assigned shift or for the duration of the "Lead Counselor" assignment, when replacing the Building Supervisor (Institutional Supervisor 11) at Juvenile Hall and when replacing Institutional Supervisor I's at grin Allen Youth. rehabilitation Facility. Permanent Probation Counselors assigned Lead Counselor duties and: responsibilities will receive this monetary compensation for hours worked. Tco receive this compensation, Lead Counselors must work the assigned shift' and provide direction for one or more co-workers. Facility administrators have the sole 'responsibility for selecting and assigning Lead Counselors. The selection process shall include an assessment of experience, skills,' leadership abilities, seniority, and the needs of the unit or facility among other considerations. The assignment may apply to Probation Counselors 1 11 and III depending on the LOCAL NO. 1 - 260 - 1999-2005 MOU 58.11 - Probation Unit above criteria when the supervisor designates the "LeadCounselor." The selection and assignment of Probation Counselors in accordance with the above criteria is not grievable. K. Title haMg. The class titles of Group Counselor 1 11 and I11 shall be Probation Counselor I, 11 and III respectively. L. Postinq of Vacant Positions. If a vacant position in a juvenile institution is not pasted within thirty (30) days, a notice of the reasons why not shall be posted. When; a vacancy occurs within a Probation Counselor Unit (Diablo, Sierra, Orin Allen Youth „Rehabilitation Facility, Chris Adams Girls Treatment Center, Summit Center for Bays, Home Supervision, Diversion), that vacancy (shift schedule) will be offered to the Probation Counselors within that unit prier to being posted Department wide. If three (3) or more people apply for the vacant position from withinthe unit, only the three (3) most senior employees will be considered. 1f less than three (3) people apply for the vacant position, the hiring manager may post the vacancy throughout the Department in ardor to have three (3) employees from whom to choose. If, after posting the vacancy there are still less than three (3) employees, the institutional manager is entitled to add names from the eligible list to have three (3) people from whom to choose. LOCAL No. 1 - 261 - 1999-2005 MOO 58.11 - Probation unit' M. Pregnancy Lignite Duty. once ars employee has been granted limited duty status for maternity reasons by the County, such employee may, with specific medical verification, request and receive reassignment to a work location which shah not require th employee to have a physical presence during the terra of the pregnancy on any living unit at juvenile ball. LOCAL NO. 1 - 262 - 1999-2005 MOO