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RESOLUTIONS - 10012002 - 2002-653
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution on October 1, 2002, bythe following vote: AYES: SWervisors Uilkema, DeSaulnier, Glover and Gioia NOES: Now ABSENT: Nom ABSTAIN: Supervisor Gerber* Resolution No.'2402/ as Subject: Adopt the Memorandum of Understanding} with SEW Local 535 Service tine ) Supervisors Unit ) SE 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 ContraCosta County and SEIU Local 535 Service Line Supervisors Unit jointly signed by Kathy Ito, Labor Relations Manager, and Joyce Baird, SEIU Local 535 Senior Field Representative - regarding economic terms and conditions' for October 1, 1999 through September 30,'2005'for those classifications represented by that employee organization. *See attached addendim 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 shown: ATTESTED: October 1, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By t3*A�r.�, .. ;,Deputy Contact:Human Resources Department{Kathylto @ 5-1785} cc: Labor Relations.Unit Personnel Services Unit'' Auditor-Controller County,Counsel' Joyce Baird,SEIU Local 535 ADDENDUM TO ITEM x.3.3 -- October 1, 2002 Supervisor Gerber made the following statement: "Mr. Chairman, on this item, based on my husband's employment,there may be a requirement for disqualification. So to avoid the appearance sof any possible conflict with the State Political Act,I am' disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in order to avoid any appearance of convict. I am actually going to leave the room while you consider this:,' MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND SOMAL SERVICES,. UNION, FOCAL 5 SERVICE LINE SUPER MISORS UNIT This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained' in. Division 34 of the Contra Costa County Board of Supervisors Resolution 8111165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative Contra Costa County in employer- employee relations matters as provided in Board Resolution 81/1 f65. The parties have met and conferred in good faith regarding wages, hours and ether terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions end proposals and have endeavored to reach agreement on all matters relating toth6 employment conditions and employer-employee relations covering such employees. This MMU shall be presented to the Contra Costa County Boardof Supervisors as the joint recomme dations of the undersigned f or-salary and: employee benefit adjustments for the period commencing October 1 , 199 and ending September 30, 2005 DEFINITIONS DEFINITION Aimointina ,Authority. Department Head unless otherwise provided by statute or ordinance: : 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. Count,Y: Contra Costa County. Dem n: 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 whi:chz the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this l: OU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. Director of Human Resources: The; person designated by the Counter Administrator to serve as the Assistant County Administrator-Director of Human Resources. Elide. Any person whose name is on an employment or reemployment or layoff list for a given classification. SEIU 535 SLS - 2 - 1999 -2005 M'OU DERNITIONS rmr : A person who is incumbent of position or .Wrt - r.IM1119 who on leav-e of absence in accordance with provisions of this and whose position is held pending hit/her return. EM012MOnt„ List; A list of persons, who have been found qualified for employment in specific class. Lahof, s . A list of persons who have occupied positions allocated to a Mess in the Ment ;System and who have been involuntarily separated by layoff or displacement, or,demoted by displacement, or have voluntarily denoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Perrin-anent-lnferr i tent Position. Any position which requires the services of an incur ent for ars indefinite period but on an intermittent basis, as needed, paid on an hourly' basis. Perranent artTlrrre Ios ticrn. Any position which gill require the services of an incumbent for an indefinite it period but on a regularly scheduled less than full time basis. Permanent Positlon: Any position which has required, or which will require the services of an incumbent Without interruption, for an indefinite period. Pio. tE r» loyee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically fundedfrom outside sources but may be funded from County revenues. SEW 535 SLS - 3w 1999 . 2005 MOU DEFINITIONS 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 MOU, 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. Reclassification: 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, 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. Resignation: The voluntary termination of permanent service with the County from a position in the Merit System. sEIU 535 SLS 4 1999 - 2005 MOU " "ft or Ery Orr e0 Any employment in the merit systern rich wi III require the er ice of en incumbent for e limitedperiod of time, paid on an hourly basis, net in an allocated position or in permanent status. Transfer: The change of ant employee who has permanent status in a position to another position in the same 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 tap step as the cuss previously occupied by the employee. Ute; Social Services Union Local 535 Service Line Supervisors Unit §gPTI0 1UNION RECO MTt The Union is the formally recognized employee organization for the ;social service First Line Supervisors' Representation unit and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. g no 2 - U SO E U TY 2.1uss D!qduSti12.n. 'ursuant t{3 Board Resolution No. 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 for all employees in its units. SEW 535 SLS - 5 - 1999 -2005 MOU SECTION 2 . UNION SECURI7Y 2.2 Mc1i tenance of em W.h1D. All employees .r..r,...r....w represented by the Union who are currently paying dues to the Union and all employees in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the +uuration of this MOU and each year thereafter so long as the Union continues to : represent the classification to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 24. 2.3 Union Dues Form. Employees hired into classifications represented by the Anion shall, as a condition of employment at the time 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 they do 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 Division within said thirty (30') day 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 and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty ( 0) day period, he/she shall he deemed to have voluntarily agreed to pay the dues of the Union. SEW 535 SLS - 6 . 1999 - 2005 MOU SECT/CSN ,2- UNION SECURE ch such dues authorization form referenced above ! include a statement that the Union and the county have entered into an MOU, that the employee is required to authorize payroll deductions of Union dues as a condition ofl employment, and that such authorization may be revoked within the first thirty (30) days of employmentupon proper written notice by the employee within said thirty { 0) day period as set forth above. Each such employee shall, upon cdmpeti+ n of the authorization farm, receive a copy of said authorization fora which' shall be deemed proper notice of his or her right to revalue said authorization. 2.4 : �-h lll lAl�il�lf-IB-DIY/�I2WIIIII�I/IIIYI.I .I�II�YIIP�1111111.tshin. By notifying the IVI i1�1111�Y� Auditor controller's Departmentin:writing, between August I , 2005 and August 311, 2005 any employee assigned to a classification represented by the Union may withdraw from Unionmembership and discontinue payingi dues as of the payroll period commencing September 1 , 200 discontinuance of dues payments to then be reflected in the October 10, 2005 paycheck. Immediately upon close of the above mentioned thirty 0) dray period the Auditor- ontrc ller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.5 Coromnigating Wi h Er t t +ees- 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 do with utters within the scope of representation and further provided that the employee organization appropriately pasts and removes the SEW 535 SLS - 7 , 1999 -2005 MOU SECTION 2 - UNION SECURITY information The department head reserves the right to remove objectionable materials after notification and discussion with the Union Representatives of the union, not on County time, shall be permitted to place a supply of employee literature at Specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the 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 fallowing 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 onz 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 SEW 535 SLS - 8 - 1999 -2005 MOU purposes is the reason for the visit, witl b, e rade with the departmental representative in charge of the work area, and he visit w111 not interfere with County ser�vrces. 2. "Use court r �iU� t1 1 . The Anion shall be /fYlllln IIOi IY� 1YI raj 1��1ifIIlAIgfII111�1YIlYIIna- 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 and its use by the Union is scheduled twenty-four 24) hours in advance; bi. there is no additional cast to the County; C. it does not interfere with normal County operations; d employees in attendance are not on duty and are notl 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 Inion shall naihtaih proper order at the meeting, and see that the space I'�a' left in a clean:and orderly condition. The use of County equipment (other 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. SEW 535 SLS - 9 - 1999 - 2005 MOU 2.7 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 designated by the Board, and to meet with the body considering the matter. On matters within the scope of representation the County agrees that the Human Resources Department will notify a Union's designee(s) when an issue within the: scope of representation is placed on the Board's agenda. If there is insufficient time to meet and confer on an issue prior to the Board's meeting, the item shall be deferred if so requested' by the Union. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.8 written Statement for New Empiovees. The County will provide a written statement to each new employee hired into a classification which is in the Social Service First Line Supervisors Unit that their classification is represented by Local 535, and the name of a representative of Local 535. SEW 535 SLS - 10 - 1999 - 2005 MOU i9 NOPISCRA"Im NO -DI CRIM..INMION There shall be no discrimination because of race, creed, color, national origin, political opinion, sex, sexual orientation, or Inion activities against any employee or applicant for employment by the County or by anyone employed by the County, and to the extent prohibited by aoplipabie Mete and Federal: lava there shall be no discriminati.onz because of age or physical disability. ON - oP �TEwAI C o FICIAL !REP:89§ENTATIVES 4111. ; 4°t end eT„ at, l otii g., Employees designated as slop stewards or ofcia representatives of the Union shall be allowed to attend meetings held by County agencies duringregularl working hours on County time as follows. a f their attendance is required by the County at a; specific meeting; b if their attendance is sought by a hearing body for presentation of testimony or, ether reasons; C. if their attendance is required for meetings required for settlement of grievances filed pursuant to Section 25 - grievance Procedure of this 11 IOU; d. if they are designated as a shop steward, in which ease they may utilizet a reasonable time at each SEIU 535 SLS . 11 - 1999 -2005 MOU SECTION 4:- SHOP STEWARDS AND OFFICIAL REPRESENTATIVES level of the proceedings to assist an employee to present a grievance; e, if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head or designee, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required, 4.2 Union Representatives:. The Union shall designate three (3) representatives who shall be allowed time oft on County time up to five (5) pours per week per representative, for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Employee Relations Officer or other management representatives on matters within the scope of representation or for the reasons as provided in 4.1a-e. above. In order to minimize disruptions due to the representative's absence, the representative will coordinate known work assignments with his/her Division Manager; and, to the extent possible, the Department will coordinate events within the representative's scope of responsibility which may arise during the representative's absence. 4.3 Social Service office Stewards. The Union may designate three (3) stewards in the Department of SEW 535 SLS - 2 '1999 - 2005 MOU W RLASA ME$ Employment & 1"'lurn in Services who may be allowed to attend �eetrngs held on County trre for the purposes prouided in 41.d above. In order o rninirnize disruptions due to the steward's absence, the steward will coordinate known work assignments with his/her Division Manager; and, to the extent possible, thelDepartment will coordinate events within the stoward's scope of responsibility which mayarise during the steward's absence. 4.4 D+e�artrnent c►t�rcatron. The Union shall notify in � IYYIIiIl.�q�ii��tlill.liYf �lb! writing the Department Heador designee of those persons designated as official representatives and as stewards and of any changes of such designations when made. Sl GeneraJWage ncreaes A The following wage schedule is effective for employees represented by SEW focal 535: October 1 , 199 : 5.0% increase October 1 , 2000: 3.0% increase October 1 , 2001 : 4.0% increase October 1 . 200 2: 5.0% increase October 1 ,.2003: 3*0% increase October 'l , 2004: 3.0% increase five percent (5%) Lump Suri Pay Will be calculated for all eligible earnings. This includes SEW 535 SLS - 13 - 1999 -2005 Moth SECTION5 - SALARIES employee regular pay, overtime pay and specific other earnings computed asa percentage of base pay from October 1 , 1999 through October 31 , 1999. The; October 1 , 1999 increase will be paid retroactively in a lump sum ;payment to each employee for the period October 1 1999 through October 31 , 1999, without interest: The payment amount computed will be paid on the December 10, 1999 pay warrant as a "Lump Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. B. Effective October 1 , 1999, the County agrees to increase the base pay of the Social Work .Supervisor 11 classification by three percent (3%) 5.2 New Pay Equity Master Agreement. The County ir.niw�ra�rrr+.r.�rrrr�iru r�rrnir�rruir.re and the below listed Employee Organizations which participated in the Pay Equity Study jointlyagree to provisions in this new Pay Equity blaster Agreement executed in May 1995. In executing this agreement, both the County and the participating Employee Organizations (C CEA Local One, AFSCME Locals 2790 and 512, SElU 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) state their intent that (1) the provisions of the Pay Equity Master Agreement contained herein shall stand separate from other terms and conditions SEIU 535 SLS - 14 - 1999 -2005 M{)U SSV ION 5 ISAL ARIES Of ernployrnent Witch may be negotiated and adopted in this Moi between the County and the indi td: participating Em. ye organizations, enc d'that ( the provisions of the PayEquity Mlaster ,greement will remain in pace as the basis under which all represented pay equity classes will be granted adjustments until all remaining classes reach the trend line or until such time as the parties mutually agree to modify or terminate this agreement:. 'his agreement shall be presented to the Contra Costa County t' Ec�ar of yup rvisors as the joint recommendation of the undersigned. 1Scope -, of Agreement. The County and the participating Employee Organizations agree that provisions contained herein will fully supersede and replace the February: 1993 Su001e1rental MOO on Pay Equity. 2 Adotion of l=iked lea out Formula. The bounty and theparticipating Employee Organizations agree to adopt a pay equity fixe payout formula described in below in 3. which mill remain in effect until all pay equity classes are adjusted to the trend line, or until such time as the parties rnutualy agree to modify or terminate this agreement. 3. t geration of Formula. The pay equity fixed payout formula shall be computed as fellows. The annual value of the general salary increase for all classifications represented only by the participating Employee Organizations (CEA Local One, IU 535 SLS - ' 5 - 1999 -2005 MOU SECTION.5- SALARIES AI=SOME Locals 2700 and 51 2, SEIU Local 535, California Nurses 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 tread eine represented by the participating Employee Organizations and for all Managernent and Unrepresented classes below the trend line. The manner in which the pair 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 classescloser to the trend line, and ( ) at what percentage distance below the tread line to apply any differing percentage adjustment. 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 90days from the effective date of any general salary increases. SEIU 535 SLS 1999 - 2005 M'oU Ec1`/E 1 - SALA,�t��5 5. Inde rrnrficatron. prtrcrpatrng union will promise not to brim support comparable worth or pay equity litigation aainct centra costa bounty or any agent, servant, off icer, or employee of Contra Costa County and further promise that in the event litigation advancing comparable worth or pay equity claims is brought against the County or any of its agents, servants, officers, or employees, ' within five years from the effective date of this agreement by any person(s) employed or formerly employed in a class(es) represented by the participating unions, the ortipn(s) :repres nting such class(es) shall each pad up to five thousand dollars ($5000) of the Countys attorney fees z and costs; provided that the union is not named as a 'co- defendant in such litigation. 6.3 r itrance_SaI;aty. New-employees shall generally be appointed at the minirrum step of the salary range established for the particular +Mass of position to, which the appointment is made. However, the appointing authority may fill a particular position a step move the minimum of the range. 4 nva ry., ae , Except ac they otherwise be provided for in deep class resolutions, anniversary dates'will be set as follows: a No Employees. The anniversary' elate of a new employee is the first clay of the calendar month after the calendar month when the employee SEIU 535 sis - ' - 1999 -2 05 Mou SECTION 5 - SALARIES successfully completes six (6) months service provided however, if an employee 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. b. Promotions. 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 month when the demotion was effective. d. Transfer. Reallocation and 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 range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. e. Reernployments The anniversary of an employee appointed from a reemployment list to the first 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. SEIU 535 SLS - 18 . 1999 -20'05 MOU f. TM11sfer universe. y. l otw thstanding o 4Arw.1 M +YI�1 Misty wiliill� pro�risions of this the anniversar an employee who is appointed to classified position from outside the C oun y's merit system at a rate above the minim un salary far the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one 1 ) year from the first day of thez calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one ) year sifter ' the first calendar day of that month. 55- ncr r erste w ft Ran e. The performance of IIL. Iq...aYi..1�11L�YMi.al�■�III�iII1.I�lI��.Y.iW�aY10.._Y.�.. each employee, except those employees already at the rnaxirnurn salary step of the appropriate salary range, shaill be reviewed cin the anniversary date as set Forth in Section 5.4 to determine a whether the salary of the employee shah he advanced to the next 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 authority may recommend denial of the increment or dural subject to one additional review at some specified date before the next anniversary which most be set at the time submitted by the Appointing Authority. Except as herein provided, incremen s within ranee shall not be granted more frequently than once a year, nor shall more than oneI),step within-range increment be granted at one SEW 535 SLS - 19 - 1999 - 2005 MOU SECTION 5 - SALARIES time, except as otherwise provide in deep class resolutions. In case an appointing authority recommends denial of the within range increment 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 the next anniversary date. Nothing herein shall be construed to mare the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing tosubmit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible 5.6 Part-Time omRensation A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full .time employee under the previsions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours i in the full time work schedule of the department. The Department of Employment & Human Services shall give reasonable consideration to requests for part-time assignments 5.7 Co ensatton for ft. tion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized Sick leave, shall receive as compensation 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 clays in such SEW 535 SLS -20 - 1999 -2005 MOU emplc!yee's norrnal work schedule for the particular month; bdf if rployrrrent is irrterrnittn , corrpenation shall be on aft hourly basis. 5. c►s tIO fed ws ficatic�n. n employee who is an incurnbent of position rich is reclassified to class which is allocated to the same range of the basic salary schedule as is the class of the position 'before it was reclassified, shell be paid at the same stip of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range o the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the rnaxirum of the range of the'class to rich I the position has been reclassified, the salary of the incumbent shall be reduced to the rnaxirnur n salary fort the new classification. The salary of an z incumbent of a position which is reclassified to a class which is allocated to range cif the basic salary schedule 'greter than the range of the +class of the position before it was reclassified shall be governed W the provisions of lection b.10: - a wry on Promotion. ►. kala ea +ocat on data on .allo+catior . A. n e general salary increase or decrease, an employee in a class which is reallocated to salary Mange above or below that to which it was previously allocated, when the number f steps remain the sarne, shall be compensated at the sam step in the new salary range the employee SEru 535 SLS -21 - 1999 - 2005 Mou SECTION 5 - SALARIES was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a ranee with fewer steps or vice versa, the employee shell be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before 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 ranee with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.9.A above, each: incumbent of a position in the reallocated class shall be placed upon the step of the new ranee which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall 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 oldrange. 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 class, the SEW 535 SLS -22 - 1999 - 2005 MC?U SALAIVES Incurrrbent shall be placed at. the step in the new class march equals the rate ° pay receve before reallocation. In the event that the Steps 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 received in the oid range, or if the nem range'does net centaur a higher step, the Incumbent shall be placed at the step hi is next lower than the salary received in the old range. D. In the event of rea lccatien to a deep class,, the provisions of the deep class resolution and Iincumbent salary allocations, if any, shall supersede Section .9. Sala rV ori Prrn+ tl+�n, Any ernloyeet is IYIY�M1Mibl101Y�IIilYp�II�IIIIIgYlIr1111�1 P�III��I�II" appointed to a position of a class allocated c a l T er salary range than the class previously occupied, except as provied under Se tion .14, shalUreceive the salary;inAhet hew salary range rhich Is next higher than the ratez received before ' pr�ornotion. In the event this increase is less than five percent (5%)Y the employee's salary thaWbeadjusted to the step in the new t range which is at least five percent %) greater than the nex higher step- provided, hoe r, that the next step shall net exceed the maximum salary for the higher class.. In the event of the appointment of'a laid off employee from the] list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher, class airless such step results in a decrease in which case the employeeis appointed tothe next higher step. If however, SEW 535 SLS - 23 - 1999 -2005 Mou SECTION 5 - SALARIES the employee, 1s being appointed into a class allocated to higher salary ranee than the class from which the 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. 5111 Salary +gin Ontmen Fra�rn � La off C is#. In the event -of the appointment of plaid cuff employee from the layoff list to the class from which the employee was laid off,' the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent (5%), in which case the salary shall be adjusted to the step in the new range which is five percent (5%) greater than the next higher step, if the new range permits such adjustment. 5.12 Salary Can Inv+o unto ��31�C#t1Cln. Any employee o is demoted, except as provided under Section 5.1 3,, 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 fivepercent (5%), the employee's salary shall be adjusted to the step in the new,range which is fivepercent (5%) less than the next lower step; provided, however, that the next,step shall: not be less than the minimum salary far thelower 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 demote6 employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has SEW 535 SLS -24 - 1999 - 2005 MOU SIa" l� been derIt�ted, wlthln-ranee rncrelents havrn been gta nt c1l. 00VOUntary Re off Whenever any employee voluntarily demotes to a position in a class haring ' a salary schedule lower than that of the class from which he or she demc es, unless the Burd provides otherwise by resoltior , his or her salary' shall remain the same if 'the steps in his or her new (demoted) salary range permit, and if not, new satary shallbe set at he step next bet former salary. 5.14 Tra sf+ r. An employee who is transferred fr rn one position to' another as describe+ under "Tt I nsfershall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the sups in the rare for the new class do net contain the same rates as the range for the told class, the emplpye� shall b placed' at the step of the new range which is next abovel the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received: in the old range. Whenev r a permanent employee transfers to or from a steep class, as provided in: the appropriate deep class resolution, the salary of the employee shall be set as provided in the deep class resolution at a step not to exceed a five percent 5% increase in the employee's base salary. However, if the deep Class transfer occurs to or froma deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the rrew class SEIU 535 SSS - 25 . 1999 -2006 MOO SECTION 5 - SALARMS shall be set in accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) ,above the top base step of the deep class level or class in which they have status currently, 5.'f 5 P'ay for Work in Hi+�her„C!assificati€�n �Ivhen an employee in a permanent position in the Merit System is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall ;,receive compensation for such work at the rate of pay established for the higher classification pursuant to Section 5.10 - Salary on Promotion of this-MOU, commencing on the 41 st consecutive hour in the assignment, under the fallowing conditions: a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule b. The nature of the departmental assignment is such that the employee in the louver classification becomes fully responsible for the duties of tete position of the higher classification. C. Employees selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. SEW 535 Sl.S - 26 1999 - 2flD5 Mt�U d. Pay for work + classification shall not be utilized substitute for regular prooticnal procedures provide is!M n thi �1U. e. The appropriate authorization farm has beet, submitted by the Depaftrnent lead at least fifteen 'I da is prior to the expiration of the seventeen '17)Aay ral t g eri� end ppro e by the County Administrator. f. Higherpay ass gnments shall not exceed six ( ) months except through reauthorization g If approval is granted for pay for work in a higher classification and the assignment is tenrhinated and later reapproved for the same emplooel within thirty ( days, no additionalnritipg period will be required. h Any incentives e.g , the education incentive) and special differentials {e.g., bilingual differential and hazardous duty differentials accruing to the employee in his/hoer permanent position shall continue. L wring tie period of work for higgher pay in a higher classifldtion, n employe will retain higher . permanent classification, and anniversary and salary review dates will be :deterrhiried bytime in that classification; except that if the period of work for higher pay in a higher cla sifidcation exceeds one: year continuous employment, the employee, SEW 535 SLS - 27 - 1999 - 2005 MOU SECTION 5 - SALARIES upon satisfactory performance in the higher classification, shell be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding -any other salary regulations, the salary step placement of employees appointed to the higher low class immediately foling termination of the assignment, shall remain unchanged. This provision shall apply to Short Term Higher Level Reassignments in deep classes. j. Allowable overtime pay, shift differential and/or work location differentials will be paid on the basis of the rote 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 salary due the employee for the preceding month; provided, however, that each employee (except those paid on 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 (25th) day of each month, draw his grant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the a nployee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made> on or before April 30 or October 31 of each year or during the first SEW 535 SLS -28 - 1999 - 2005 MOU SECTION 5, SALAAM Mortin of employment ment by filing on forms prepared y the Auditor-Controller a notice of election to receive salary' advance. Each 'election shell become effective on the first day of the month following the dead1inez r filing the notice and shall remain effective until revoked. In the case of ars election made pursuant to this Section A7, all require6 or requested deductions frorn'salary s pall be taken from the second installment, which is payable on the tenth (I oth) clay of the following month. ?" �' rrnt, rrr . if an errplcyee receives a day warrant which:hes an ewer ire the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Cor rali e epartment, i is the policy of the Auditor-controller's Departmen that the error will be corrected' and e newwarrant issued ri hip hours, exclusive of Saturdays, Sundays and Holidays from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County in employee pay small be corrected as soon as possible as to current pay rete but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two ( year period immediately preceding discovery of the pay error. This provision shell 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 mon roller or designee. Recovery of SOU 535 SLS -29 - 1999 - 2005 Mou SECTION 6 - DAYS AND HOURS OF WORK fraudulently accrued over or underpayments are excluded from this section for bath parties. When the County notifies an employee of an overpayment and a proposed repayment schedule, the employee may adept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than one and one-half times (1-1/2) the length of time the overpayment occurred. SECTION DAYS3 AN HOLM OF WOR 6.1Normal Work Week- & Devlatlons. The normal r.r*rarra r : work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12;00 midnight Sunday, usually five (5) eight (8) hour days, however, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements, but his working time shall not exceed an average of forty (40) hours per seven (7) day period throughout an operational cycle, and the [department dead shell prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. 8.2 Staggered Work Sche_du1e. The Department of Employment & Human Services shall continue to operate a SOU 535 SLS -30 - 1999 - 2005 N1 IOU ;. NO A � � ��WORK stggre+d wok schedule plan. +Offine hours shad remain open o the public from .00 an. to 5.00 p.m. Monday through Friday. Permanent full time employees all have the option to select, subject to prior approval of:the department, an eight hour day, forty ( o) deur workweek schedule consisting of work hours which may be ether than the normal :00 a.m. to ,00 p.m. or 4:30p.m. work schedule. The following shall serve as the basin criteria for the stsggeredd shift: a. All employees must be present at their office or otherwise engaged in the duties of their position during the core lours of 10:00 a.m. and 3:30 prtm. b. v`ork schedules must remain nth rr the hours of 7:00 atm. and 7,00 p.m. C. The selected staggered worts schedule shall consist of the same hours of work each day except for who a schedule including one varying eight ( ) hour workday is necessary to provide "officer of the day" coverage or for other specific circumstances in which the department determines that such a varying schedule is appropriate. 'Th de lston of the Cepartrent Heed or,: ! esignee shall be final. d. Lunch periods of one J ) or one-half hour shall be scheduled. In the evert that the employee desires to chane the scheduled lunch hour from one (1 ) boar to one-half(2) hour, orfarm rine-half 2) hour to one 1 ) hour, that change must be approved in advance by the Department Head or SEIU 535 SLS -31 - 1999 -2005 MOU SECTION 6- DAYS AND HOURS O �C�RK designee, Lunch periods shall be taken within one (1 ) hour of the midpoint of the employee's scheduled workday. e. Each work unit designated by placement under a single line supervisor shall have at least one line worker in the office during the hours of 8:00 a.m. to 5:00 p.m. Each such unit shall also have at least one additional line worker in the office or otherwise engaged in the duties of their positions during the hours of 5:00 a.m. and 4:80 p.m. There are two (2) situations in which exceptions may be made to these minimum coverage provisions. Units which are placed under a single supervisor but which are split between two (2) or more buildings may be clustered with another unit of a like program function in the immediate work areas of the same building for the purpose of maintaining minimum coverage during the time period between 4:80 p.m. and 5:00 p.m. A unit of three (8). or fewer workers may be clustered with another unit of a like program function in the immediate work area for purpose of maintaining minimum coverage, provided that the total number of workers in the units so clustered shall not exceed eight (8). ' f. Each employee's proposed staggered schedule mush be submitted in writing and approved by the Department Head or designee prior to implementation. 2i3Q51 aU SEW 535 SLS - 32 - 1999 - WIVO 0- DAYSANDWOURS OP WORK 9 �:. Oh Ong"::: n tagg rW schedules shall be requested in writing and must have theapproval of the, Department Head or designee prior to impleM entation. Confl cting requests Ior sch ul shell b robed h. i ed es, a e reso s : by the D e- partment Head Whose:deci o si n: shall be final. L In the event coverage Within a location becomes temporarily reduced as a result of scheduling revisions or absenteeism, employees will be expected to assure that the::'necessary functions are performed, particularly the answering of telephones. It is understood that an individual: employee.."s,, schedule may be changed due to the needs of the department. k. In the event this staggered scheduling provision is fours by the department to be inconsistent With the needs of thedepartment, the department shaltso advise representatives of Local 535 and the County :and the Union shall meet and confer in an attem , pt to resolve the inconsistency. 6.3 1180 Oedutes. The practice within. the Department of Employment &:H'um6n.Servid6sgoveming the authorization for certain employees to Work a schedule of eight (8) mine (9),hour:days and one (1 ) eight (8) hour day in SEW 535 SLS . 33 - 1999 -2005 MOU two ( weekschedulrng perroc shall Continue, unless the parties mutually agree to Changes In such practice. 6.4 4118 Sche The Department of Employment & Human Services will implement a 4/10 work schedule in accordance with Labor-Management Committee finalized guidelines. The Department will meet andconfer to discuss the impact of any unit exclusionsfrom the 4/10 work schedule. SECTION 7 PAID PERSONAL , Effective January 1 , 1997, employees in the Social Services First-Line Supervisors unit will be credited with fifty (50) hours of paid personal leave to, recognize the fact that these employees do not and will not receive payment for overtime. Said fifty (50) hours must' be used during the calendar year in which credited and may not be carried forward. This paid personal leave is separate from paid vacation and will be accounted for accordingly. Capon separation from County service, there shall be no payoff of unwedpersonal leave credits. Administration of paid personal leave shall be administered in accordance with provisions of Administrative Bulletin 323. SECTION 8 - CALL. BACK TIDE' If approved by the County; Administrator's Office, any employee assigned to the Emergency Response Program SEW 535 SLS - 34 - 1999 - 2005 MOU who is called back to duty shall be paid time and one-half for the actual sire Worked flus one } hour. uh employee called bark shall be paid rnnimurrr of two ( hours at time and cue-half for each call back. 110N 0 - ONIMCA , D If ppi ov d by the County Adr�rinis ra or's Office -gall duty is any ti a other tl�ran tune when the ernployee is actually on duty 4. unn which a e`nplo e is not require+ to be on County premises but stand ready toirnrnediately report for duty and must arrange 6 that his/her superior can reach hi n/her onten 10) r^ninutes notice or less. Any employee asi reed to the m i r ency response Program who is assigned o on�c�ll time shall ''be paid one (!).hour of straight time`Cred t for each four (4) hours on s66"61-call time. Those positions which are on-call shall be designated by the apoigtin authority whose ddecision is final. Assignment to an on-call position shall be in accor�anc withSection �- afin llocetions Reassignments. GR10;:* �!Hj 0i IFF In the hours which qualify for shift differential, employees shall receive firte percent % above their base salary rate. To qu lif for shift differential, an employee must have a regularly assigned o ily wort schedule which requires: SEIU 535 SLS -35 - 1999 . 2005 MOU SECTION 11 - SENIORITY, WORKFORCEREDUCTION, LAYOFF& REASSIGNMENT a. Completion of more than one and one-half 0 112} hours over the normal actual working time; or b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a 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 computing the pay for their leaves The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the ernplOyee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid .sick leave and paid disability as provided above for the first thirty (30) calendar daysof each absence. SECTION 11 - SENIOR117M wC}RKR E flE[ l CTIC)N LAYOFF & REASSIGNMENT 11.1 wc�rf ►rce Re�ductic�n, In the event that funding rr irrir�riwrwr reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: SEW 635 SLS - 36 . 1999 - 2006 MOU SECTIM l f SEMOWM WOPOO;OPM AMU :71ONyLAYOP# Iden ify the cl ssi ce tion s in which Position reductions r`euired' fu ding reductions or slcrtfalls,' b. Advise L employee$ in those I s ific do s that Position reductions may Occur in their classifications. C. ACLL6ept voluntary leaves cifbs ncfrom ernloyees 'in those classifications which do not appear to be potentially impacted by passible position reductions when such leaves can be accernrodafed'by ► � , d Consider employeeLL L requeStSLLto reduce their position hours from full time to pert-tune to alleviate .the impact of the potential layoffs. e. L Approve requests for reduction ire hours, lateral transfers, and voluntary dem ions tovacant, funned positions in classes not scheduled for l4yoft within the department, es well as to ether lepartrnents not exeriencin+g f ndi reductions or shortfalls when it is a viable r perotionai alternative for the department(s). f, Review various alternatives which will help mitigate the impactf tie l;ayc ff by worl�ir� through the Tactical polo rnent Team program (TET) to: SEI '535 SLS - 37 - 1999 -2005 MOO SEC TION 11 - SEN, R1TY, WC)14iCFC i'CE R f)UCTIO N., LAYOFF RE $�Pf T 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees r ay 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 Employee RelationsOfficer that the Board of Supervisors may talo action which will result in the layoff of employees in a representation unit, the Employee Relations Officer shall notify the Union of the passibility of such layoffs and shall meet and confer with the Union regarding the irnplernentation of the action. 11.2 Separation Through Layoff A. Grounds for Layoff. Any employees) having permanent status in position{s} in the Merit System may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, SEIU 535 SLS - 38 . 1999 - 2005 MOU lac of funds or for Such other reason(S)' as the Board of Supervisors deems sufficient nt for abolshi �r the positons . B. Order of La . The order of layoff in a department shall be based on Inverse niority In the class of positions, the employe in t department with last seniority bin Iald off first and so on. C. LA. Yoff By Displacement. ent. 1 . In the Sam glass. A laidi ofl` perm nen full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent car permanent part-tire position, the least senior employee being displaced first. . In the Same Reuel or Lower Class. A laid off or displaced employee who dad achieved permanent status in a class at the sane or lovrar salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an ern toy - l�a�ring less a pl ri y tl a Fast senior employee being displaced first, and so on with sen,lo�r i pl oe ernplo ee dl placing junior employees. D. PatIpularidea cin Displaoina.' SEW 535 SLS - 39 - 1999 - 2 95 MOU SECTION 11 - SiPWIOR(TY,WQR1WOR AePL/CMM L,A�"�l�F& . Permanent-Intermittent and permanent part- timeemployees may displace only employees holding :permanent positions ofz the same type respectively, . A permanent full time employee may displace any intermittent or pare-time employee e with lessseniority 4) in the same class or, 2} in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Farmer permanent full time em pl€ yees 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 director of Human Resources or designee retain their permanent full time employee seniority rights for layoff: purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. E, M An employee's senioritywit hin a class for layoff arta displacernent purposes shall be determined by adding the employee's length' of service in the particular class in question to the e'mployee's length of service In other classes at the same or higher salary levels as Aetermined 'by the salary schedule in effect at the time of layoff. SE1U 535 SLS - 40 - 1999 -200:5 M:OU .rnployees reallocated off' transferred without examination from one class to another class having a salary within five percent (5%) of the former class, as provided:: in Personnel Manaaerrient ReVtilations Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a nem deep class, upon its initiation dr otherwise reallocated a dap class because the duties of the position occupied are appropriately described in the deep class shell carry into the deep class the seniority accrued or carried forward in the former class as provided in Personnel It lan gemen lie u#ations Section 3 .2 and seniority accrued in other classes which here been included in the deep class. Service for layoff and displacement purposes includes only the employee's lest continuous permanent (county employment. periods of separation may not be bridged to extend such service unless the separation is a result of layoff in Which case bridging will be authorizedif the e nplpyee is reerpiayed in a permanent position within the period of leyo f iigibility= A proved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. n the event of ties in seniority rights in the particular classt in question, such ties shall be broken by length of: list cont inuaus permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. SMU 535 SLS -41 - 1999 -2005 MO SECTION II w SE IQRIM LORI"RCE RMUC77M L YOnF A Any remaining ties shall be broken by random selection anion the employees involved. F. l gibility for_Layoff List.,whenever any person who hes permanent statin is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lie u 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 Names on La o f. Rr t, l ycf fists 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 lieu of layoff or displacement or who have transferred in lieu of layoff or displacement. Names shell 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 luted first. In case of ties in seniority, the seniority, rules shall apply except that where there is a class seniority tie between persons laid off from different departments', the tie(s) shall be broken by length of lest continuousperfanent + eurty ertpltyrrent with remeinin ties broken by random selection among tete employees involved. N Duration of La off andl eef r to m..eat lei hts. The name of any person granted reemployment SEW 535 SLS - 42 - 1999 - 2005 MOU WORKPORM RE SM 00" Priv d .er nu ori'the: appropriate list for a periodof two .2, years. 'ersons placed on layoff lists shall continue on the appropriate list for a period of four ( ) years. 1. Certification of Pemons l 1"002 La cuff Lists.. Layoff fists contain the name(s) of person(s) laid off, displaced or demoted by dipla + rftr voluntarily demoted:in lieu of layoff or displacement or :transferred d ire lies f I yrrf or displacement. When a request for personnel is received from the appointing authority of a department from which an eligibles) was laid cuff, the appointing authority shall receive and appoint the eligible highest on the layoff list frc M the department. When a request for personnel is received from a department from which an eligibles) was net lald off, the appointing authority shall receive' and appoint the eligible highest on,the layoff list who shall be subject to a probationary period. A person employed from a Jay off list sell be appointed at tla same step of the salary range the employee held on the day of layoff. J. Removal of lames from Reerrr 1p meat & Layoff I The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below. SEIu 535 sus -43 - '1999 -2005 MOU SECTION-11 - SEX10..R1,TT'K,::.W10RK-F TION.,LAYOFF �S a. For any cause stipulated in Section 404.1 of the Personnel Management ement Regulations. b. On evidence that the eligible cannot be located by postal authorities. c. on receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. d. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. e. If the eligible fair torespond to the Director of Human , Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last Known address. . If the person on the reemployment or layoff list is appointed to another position in the sane or lower classification, the name of the person shall be removed. 3. However, if the first permanent.appointment of a person on a layoff list is to a lower class SE1U 535 SLS -44 - 1999 -2005 MOU SECTION 'f 1 - SENIORITY, ��1���4'�:�fr►'��� �#� , �.�1�t3-� � REASSI �NI �NT whibh has a top salary lower than the top step of the class from,,'which tie ersen was laid off, the name of the person shall not be removed from the layoff IrstE Any subsequent appointment of ,such person from the layoff Inst shall result in removal of that person's name, lerl oflanes leen to ent and ovaoff ertificetions. The Directorzof Hunan Resources may remove the crane of any eligible from a ,reemployment or layoff: certification if the eligible fails to respond within five } days to ,a writteri notice of certification mailed to the:, person's last known address. 1:1.3 o The County agrees to give ernployees scheduled for layoflk at least ten work days notice prior to their last day of employment. 111.4 e la EM Ment Lists. The County will establish a TAT Employment fool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persdr s placed 4n a special employment list must meet the minimum +lualifications for the class. An appointment from such a list will net affect the individual's status on a layoff lists) 11.5 eass nment of Lela Em le ees. Employees who displacedwithin the carne classiliication from full time to part-time or intermittent statin in a layoff, or who SEW 535 SLS - 45 . 1999 -2005 MOU SECTION 12 YS voluntarily reduced their work hours to reduce the impact of layoff., or who,acs;epted a position of another status than that from which they were Plaid off upon referral from the layoff list, may request reassignment back to their pre.layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. EmPloyees Will be advised of the reassignment procedure to be followed to obtain reassignmentback totheirJo m rmer:�status at the fil e of the workforce reduction. The most senior laid off emp lovee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. 1 IX Further Study, The County agrees to meet with the Labor coalition far study of the concept of employee s waiver of displacement rights in a layoff. §gCTIQN: 12 HOLIgAYS 12.1 11glidays Obse.pLe-, T I observe the d. he County will following holidays.- A. January I st, known as New Year's Day Third Monday in January known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as Presidents Day The last Monday in May, known at Memorial Da y July 4th, known, as independence bay , , First Monday in September, known as Labor Day November 11 th, known As Veterans Day Fourth Thursday in November, known as Thanksgiving Day SEW 535 SLS .46 - 1999 - 2005 MOU $RMW 12 HOL The nksgivi f6day Aftr1f* 09 Mi Mb 25th, kho a5 C hs masD, ay , as SuCh other days ::thBoard of Supervisors may gas b resolution d6sihatO holl days. B. Each full time employee shall accrue two (2) hours ,of personalholiday credit per month. Such personal :holiday time may be taken in. increments of one- tenth hour6Min:ut6 )f and preMrence oper ona I iholidays shall be given to employees according to . r e onably as theirseniorityn 'I departm . rt:fas. reas :the possible. No employee may accrue morethan forty ( ours 40):h of personal holiday credit. C. Permanen aftfime employees shall receive personal hto1iday credit in the same ratio to the personal credit elven full ' , emploreel a the number of hours- per week in the, part'Aime employee's schedule bears:to the num lb4r of hours In the regular full tune schedule. D. rnployees shall accrue their personal holida' credit y dUring months, they are in pay status spro vided owever'that no employee ma accrue morethan : forty: (40): hours Of personal� ''holidaycredit. 0n separation from County service:, anemployee shall be paid for any unused personal credits at the : L emploiyeeos thea current Oay rad E. Employees in positions which,work around the clock hail continue to celebrate Admis o si Day,n Columbus Dayand Llnco IAsBirthday. SEW 535 SLS .47 . 1999 - 2005 MOU .............. ...... ............ 13 VA:"TION LEAVE 12.2 Obsefwtlon of Holl.d. v. alltnla,.�.." :rd M. S IF at a r §undpy. If any holiday listed in 61 e 6 cti 6 o 6 h 616 ", 1 A above falls on a Saturday it.shall beobserved :on the preceding.: Friday. If any holiday listed in Section '112.: 1 .A fallson a S unday it shall be observed on the following Monday. CTION, 13 vA►CA`�IQ 13.1 yaca n., Allowance. Employees in permanent , with positions are entitled: to vocation Wi, pay. Accrual is based time per calendar month upon straight time hours of work.ing m . t of service and begins on the date of appointment to a permanent position. Increa sed accruals u Is be gin on the first Of the month followinq the month in which the employee qualifies., Accrual forpoffions of a:month .-shall bei n. minimum amounts of one (1) hour calculated on the,same basisas for partial, monthcompensation pursuant to. .. Section , 5.7 Compensation for Portiog, ofMonth: of this, MOU. Vacation credits may be taken in 1/10 hour ,(6 minute) increments. Vacation may not be taken:during theflrstsix:(6), months of employment (not necessarily synonymous with probationary status) except where sick leave, has been exhausted; and none shall be allowed in excess of actual accrualat the time vacation is taken. Vacation Leave on DeemNo meat From a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who, are employed from a layoff list, shall be,considered as,having completed. . cometed six months tenure in a permanent position for the purpose of SEW 535 SLS -48 - 1999 -2005 MOU , , WON vaeat n leave. The ap ein in but €�r4 er deSi nee will advise the Auditor Cont tiller, ayr c l Unit in terse where such vacaten is authorize sa that'appropriate payroll system override actions can he taken. 13.2 "a Aloe Agcrua lades. Monthly Maximum Accrual Cum 1ve 'Length:..0 Servide Hour$ Hours 'Under 1 S. years 1' 24 1through f ye a 13-1/3 320 0 through4 years ' 5-213 400 5 through 2 years 0 480 30 years and up 3-113 560, E npioyees in per ranent p - l e erg ermine t;- intermittent positions shall eccrue vacatiw me is on a pre- rete basisas rc�vde in ectien 3 -'Ii etcard Resolution on 81/115. 3.3tceldcru�►lu�i l +eaveo17 W it t hitt employee who hes been granted a leave 'withb6f pay or unpaid military leave shall accrue any vacation credit during the time of such leaver nar shall an a npieyee is absent w thout p y ado& a vecatic n credit during the absence. �l .4 a e lir laWa."Ce -f r �e arated E#10 � ees. On separation from County service, an :em: yee shall be paid for any unused vacation credits at the employee's then ' current pay rte. SEW 535 SLS - 49 - 1999 -2005 MOu ............. .................... ............... .................................. ................ ............ ................. ......... ... ......... ..... Sap :14 SICK LEAVE - . 113.5 Macation-PEgNE20 P reference of vacation, shal]: be given to employees accordingto their seniority in their: department as much as is reasonably:possible. SECTION 14 -_SICKLEAVE 14.1 PMR.Ose of Sick Leve. The primary purpose of paid sick leave is to ensure employeesagainst loss of pay ! for temporary absences from work due to Illnessor injury. It is a benefit extended by,the County,and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Leave, SiCK working : leave credits accrue at the rate of eight,,, g t (8) 9 hours credit for each completed month of service,. as prescribed;ley County Salary Regulations. Employees who work: a, portion of a month are entitled to a pro rata 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 one-tenth hour (6 minutes). increments. Unused sick leave credits accumulate.from year o yea r. When an employee is , separated other than through retirement, accumulated sick� leave credits shall be cancelled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. U SEW 535 SLS - 50 - 1999 O - 2005 M VE the dof retirement, e : I e!taccUrnul aW sick leve & nd * tirmertothe basis cif flay y of r6firement service credit for each day of:accumulated sick leave credit. 1cies 0M. n, I-AeMs a,Lea vem- As indicated above, the primary purpose of paid sick leave t 1, re is Of ped .1fdr temporary to e rripl s irm :e , o s again OSS abte' lid6s fr th workdue to 11.1ness..:or:injury. The following ionsapp.y: definit' I Im i to Family,:.means ani includes onlythe spouse, son, �f her; mother, stepson, daughter, t*daught6r, father, step . ter, gran parent grarid4ohvild niece, st6pmot IhINbrother, sist d 114 nephew aw, MoAhr inaw, daught r 441-1aw son- in 'Iawli ; brother' M4 W: sister-gin--law fbstOf children aunt uncle.,700usl nstepbrother, stepsiste r ordomestic partner of ars)amployeeland/or includes any other personfror'Whom the employee is tl e 40�guatlanor�dbnserva or, or any person who IS:-6,aimed as: a "dep6nde V for ilk reporting:purposes by the employee. Ey person. em.p MJ:iloyee Means a dn loyed by Contra Costa Countyh an on�ih::the County service. :! Paid Ick L gveCrI. means sial I eave credits y un 'Salary pfoVided::forb :Co ty lRegulations and memoranda ofunderstanding. g : nderstand'n gend ition LReason. With respect to necessary verbal contacts the and bon irm a i r and fi tions,which oddo b6twee4 t , department a the:employee whensick leave is requesteA or vered a brief SOU 535 SLS 51 1999 -2005:MOO SECT 14 W SICK LEAVE statement in non-technicall terms frQrr the employee regarding inability to work due to rury or illness is sufficient. Accumulated paid sick leve credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. 'emora Illness or lni of an i to ee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b, Permanent Disability Sick f.eave, Permanent: disability mens the employee suffers from a disabling physical injury or illness end is thereby prevented from engaging in any'County occupation for which the employee is qualified b reason of edubaticn, training or experience. dick leave may be used by permanentlydisabled employees until all accruals of the err plc yee have been exhausted or until the employee is retired by the Retirernent Board, subject to the following conditions: 1 . An application for retirement due to disaility has been fired with the lletirement Soard. 2. Satisfactory medical evidence of such diabMli�ty is received by the appointing authority within thirty ( 0) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as SEW 535 SLS - 52 - 1999 -2005 Mou AETI deemed necoss ry and may term nate use of pick 10ave When such further examination ian demonstrates that the employee is not disabled, car when the appointin authority determines that the medical evidence submitted y Ahel ernplpyee is insufficient, or where the ;above conditions have not been met. . von" rn1�1r11cable Disease. An employee may use wl Paid sick leave credits when under a physician's order to remain secluded due to :exp sure to a cornmunicahle disease. d dickLeavetlllaticn for l 'r nark Disability. Employees whose disability is caused or contributed to b pregnancy, miscarriage, abortion, childbirth, or recdvery therefr ren shah be allowed to utilize sick leave credit to the rnairnurn accrued by Uch employee during the period of such disability ender the condition , set forth below: 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's I attending physician. The statement must address itself to the errrpoyee's general physical condition having considered the mature of the work performed by the employee, and it must indicate the date of the commencement of the SEW 535 SLS - 53 - ' 1999 -2005 Mou . +12 ! 44 _ SJOK LEAVE disability as well as the cats the physician anticipates the disability to terminate. 2. ;If an employee does not apply for leave and the appointi ng authority bel. eves that the employee net able to properly perform her word or that her general health is unpaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the county, Should the medical report so recommend', a mandatory leave shall be imposed upon the employee yee for the duration of the disability. 3. Bich leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written Statement from her attending Physician.:stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical lanai A ointments. n employee may use paid sick leave credits: I . dor workingAt used in I'ceping medical and dental appointments for the employee's own care, and SEW 535 SLS - 54 - 1999 - 2005 MOU For working time used by an employee for prescl' duled Ical and dental appointments for an immediate family Member. f. 1=Mer�ency Care of Family. employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. 9. Death of family Mer*rtber. n empioy6e may use paid sick lama credits for working time used because of a death in the employee's immediate family or of the employ es or estic partner, but this shall not exceed three (3) working days, plus tip to two ( days of wow titre far necessary travel. Use of additional accruals including sick leave Chep appropriate, maybe authorized in conjunction With the bereavement lame at the discretion of the appointing authority. h. Lea- al 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: I . Iacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while heis on vacation but the County Administrator may authorize it when SEW 535 SLS - 55 - 1999 -2005 MOU ............. ................ SECTION 14 SACK,I-L-LL MLL, extenuating L L L Circumstances L , eXiSt and the L appointing authority Pproves., L 2. Not in PM Status. Paid sick L leave credits may not be used when the employee would [iL Lid L � L otherwise be L Le gPa ible to � use L sick leave LoL credits butIsnLt inL pay status. of Sl�Lck L LeaVOL,, AdmInLjStMtL 0 n proper administration of sick leave is a responsibility of the employee and the department head. The following� procedures aPply:L A. Employe Responsibilities. QnsibiLlLities L for notifying their . EmployeesLLaLreLLLresponsibleL L to L absence prior the department of an L p ML :nt L L as soon Of their L work LL shift OLrL commence ej Notification shall L thereafter as LL possible. possible duration'of the :aL dL�L include the reason and ra absence. L re for keeping their L Employees are L responsible spons L e L L department informed a continuingL�LL baS-is Of bLablLe date of return to their condition and pro work. 3. Employees are responsible for obtaining L advanceapprovalfrom their supervisor for the scheduled LLL tiLMLeL:L of pre-arranged L personal or appointment. dentalL family medicalLLandL 20OL5 MOU - 56 - 1999 SIU L 535 SLS ... ... .... 16 y7 -ncoU:ra e" ex p ged to keep the dap a, M it : ent advised i of I a current telephone number to which sick IeaV6 related inquiries may be directed, and (2) any condition(s) and/or restridtion' (s) that may reasonably be g specific I c, tions and/or imposed regArd'irto :I a : personsAhe department mycontact to verify ik the employee's't Cleave. ns,l I s S* B. :�091�a ment.,Rqmo bi litiees. Tie use of Ick leave may properly be denied �if these procedures are not � t followed. Abuse of sick leave on the part of the bmiP loyee, is causef6rdiscipl.inary action. Departmental approval of sick leave is a certification of the legitimacy of the sickleave claim. The department : head or dome may make reasonable inquiries about employee absences. The:.departrlient may require medical verification for - an able ncelof three oro mre wor king days. The department may also require medical verification Ing � for absences of le- than three (3)�w ot rki days for probable cause iflho:employee had been notified in advance in writing that such verification was necessary. 1nquiries may m d: a e z i n��tho�following � : 1 . C Iling the; employee"s residencetelephone number or other contact :telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. SEIU 535 SLS - 57 - 19,99 -2005 Moi ............................................................... ............ .......... .................. .............. SECTIPN 14:- SICCKW1764- These inquiries shall be subject to any restrictions imposed by theemployee under Section 14A.A. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form establishedfor thatpurpose, as employee certification of the.legitimacy of the claim. 3. Obtaining the employee's written statement of explanation: reg.ard'ind the sick leave claim. Requiring the 4. R employee to obtain a physician's certificate or verification of the employee's t illness, date(s) he employee was incapacitated , and the employee's: ability to return to work, as specified above. 5. In absences of erg extended: nature requiring the employee to obtain from their physician a statement of progress and antici s ated date on P which the empl oyee. will be able to return to work, as specified above. Department heads are responsible,for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operatingtheir respective offices in accordance with these: policies and with clarifying regulations Issued :by the Office of the County Administrator. 2005 MOU 1999 SEW 535 SLS - 58 - f " LEA � To assure uniform poii+ y appliation the l�r�n�an Resources �3ir�cto� �r designated r ran ernent staff of the County Hdman resources Department shcld be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 1S4 1 1W. A An employee physically or mentally incapacitated for the performance of c uty is subject to dismissal, suspenlon or d eroticn, subject to the bounty rnployees etirernent L w of 1 37. An appoin ir�c� authc n after giving notice may place an employee tin leave if the appointing authority hes filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee"s duties. B. n appointing authority who has reasonable cause to believe that there ere physical or menta health conditions present in.:Ianz employee chic endanger the health or safety of the employee, other employees, or the public, or rh h impair the employee's per*forrnance of duty, ma order the employee to undergo et County expense and on the er�nplov e's paid tune, a physical, medical examination by e licensed physician and/or psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on SEU 535 SLS - 59 - 1999 -2005 Mou ............ jEq7W1 14:- VE such exa, in e exa ning. ph ician.. or m . ation If the mi , M . psychologist recd-M ends thattreatment for physical or mental healthproblems induding leave, are in:,the best, interests,, of the, employee or the Countyin relation to the employeeovercoming any disability and/or perf6rminghis or herduties 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:.without: prejudice to the employee's right: to use sick leave, vacation or any:: ether benefit to which the employed is: entitled other than regular salary. The Hurn. an Resources: Director may Oraer lost pay:restore good d, for cause and��subjOct to: the employee's:duty tomitigate,damages, D Before an employee returns to work from any M r absence forIllness orJnjuryl other4eave of absence or disability leave, exceeding two (2). weeks in duration, the appointing authority may order the employee to undergo , at County, expense a physical, medical and/or psychlatriG:zexaMination by a;licensed:physicwin,, and may W4 y consider a report - of�the findings on such.:��exarnin examination. If the report shovers that such employee .1 or mentally incapacitated for the performance of duty, the appointing authority may take :such action as he/she deems : necessary In ac cordance with appropriate provisions: of this lVIOU. SEW 535 SLS - 60 - 1999 - 2005 MOU WC before an employee rs 6 on an uC1pall leave absence or u ��d+ , of hty a or entl ncspacity under ) or { above, nploy a shall v notice of thea proposed leave of absence or suspension I by letter or nemorand m, delivered personally or by certified Marl, containing the following: . a statement of the leave of bsertce or suspension proposed; the proposed dues or duration 6f the leave: or suspension Crich may be indeterminate until a certain physical or rental thii4altft condition has been attained by the employee; . a statement of the basis upon which:ch the action Iselnc talent . a statement that the employee may review the materials upon v�rhich tine action is taken; a statement that the er�nplbyee has until a sp rifled d t+ r c t less tl ar seven 7 work days from personal deliver or mat Ing 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 place the em loyoe can a temporary leave absence, With pay. SEW Sys -61 - 1999 -2005 Moi G. The employee , to .whom: the notice :has been delivered or have maned s a v e 0 .e seven:::(7):work days 11 � to respond to:::the appointing -authonfty. ither orally �r or in writing before thp :,ProPO sed-action. may be taken'r H. After having complied withthe notice requirements above, the appointing authority may order the leave of .. 'absence... :Gr, suspension in writing stating s ifically the ba pec sis:.upon which the action is being taken, delivering the order to the employee either personally or by certified ifi ed mail, effective either upon � personal delivery ordeposit in the U.S. Postal Service. An employee who is placed on leave or suspended under this section in,ay within, thin:ten (.1 Oy calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Dir ector of Human Resourc es to the Merit Board.,Alternatively, the employee may file a written election with the Director of Human Resources: waiving the employee' right to appeal , a to the Med Board in favor of appeal to Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee i has the burden of proof to show:that either: T. the ohvsical, or mental: health, -condition cited by the appointing authority does not exist, or SEJU 535 SLS - 62 - 1999 -2005 MOU the h06[ Or', rnental heth condition does eXst not ♦7Ufcent prevent, preclude, or irnair ernp►loye's performance of duty, or is not sufficient to endanger � h�blth or safety o the employee, other employees, or the public: K if the appeal is 'to the Mit hoard, the order and appeal shall be transmitted ley the Director of Duran Resources to the MerittsbaM for hearing under the Merit Board's Procedures Section 1:114- 11281 inclusive. Medical repOfts submitted i evidence in such hearings shall remain con dential information and shell not e a pert of the uiie record. .. f the appeal is to a Disability. review Arbitrator, the employee (and his/her �repre ont , We ill meet rich the' ounty's representative rutually select the Disability Review Arbitrator, xray be a de facto arbitrator, or a physician, or a rehabilitation specialist, car someother reo,neo specialist rb, ut�ually selected by the parties. The rl itrator shall hear and review the evidence. the decision of the ReviewA� �itrator shah be binding +cn both the County and the employee. co. e Arbitrator's Review. 1. The arbitrator may affirm' modify or revolve the leave of absence or suspension. SEM 535 SLS -63 — 1999 -2005 MOU SECR2�':14 2!qtj:t � . The arbitrator t r my � a make: his/her decision based only on evidence submitted by the County and1he employee, Z. The arbitrator may order back pay or paid sick leave credits for ,any: period of leave of absence or suspension if the leave or suspension is found not: to besustainable, subject to the emplo -ee� duty toi� y mitigate damages. 4. The arbitrator's fees and: expenses shall be paid onehalf bv: the County an.6 one-half by the employee or employee's, assoeWion. M. It is understood that the benefits specified in Section 14, dick Lea andw SectjI::& Morkers'. g oh the g!j1peasaton shall be coordinated with : rehabititation program..as:::determined, by the labor- management. co m mifttee:., N. Noem.ploye e whohas: eengranted:a leave without pay or unpaid military leaveshall accrue any sick leave credits during the time of such leave nor shall :an employee: who J absent.,�,without ay W s accrue sick leave credits.,dun ng theabsence. SEW 535 SLS - 64 - 1999 -2005 MOU ME M 0 MAI ill} � Ip � 1 k c � r tl . A p th! n employee shalloftII ' ue to receive the appropriate percent regular monthly salary, for all accepted Clairs filed before January 1: 2000 1 during any period of Compensable temporary disability absence not to exceed oneyear. lar all accepted clairn fil6d with the 0ounty on or after January 1 000, the percentage of pay for employees entitled o Workers= Com,pensation shell be decreased from to 87% to,86%. for all accept d claim fled nth the aunt an or after -January ,' �l "� f orl ers' om ez nsabon becomes taxable, the County 49,dreilas to restore the original benefit level 00% of mond ly salary) and the parties shall meet and confer with respect tc funding the inrea ed 'cos . A W g. fieri , E plo ees rho t o re work a a result of an on-the- ab injur will have the balance of that day charget to continuing pay, sick leave and/or vadation accruals. This vvill be considered as the last day worked for purposes 'of determ ining Workers" Com t: permanent employee shall receive the authorized percentage of regular salary during a%ny period of ►rnper sable temporary disability absence. ' orrperrsable ternorary disability,ebsence" fork'the purpose of this Section, is any absence d uo to work +connected disaaili v�rhich uaiifies for temporary disability compensation. under Workers' Compensation Law set forth in Division 4 of the SEW 535 SLS - 65 1999 -2005 MOU ............ ........... AWJPPON California Lpbor Code� , When any disability 'becomes permanent the salaryprovided I this -- is Section shall terminate. The employee shall: return to the, County alltemporary dIi SO IW14 paylents received by flim/her ;tromany County nded wage re t placernen ,:program, No, charge,. shall ,be made against sick leave or vacation, for these salary payments. Sick lea" and vacationrigts shall . not accrue for those,, periods duringwhich.. c Sala ry .,payments are made. The, maximumfor t period he described Sala ry continuation for any one injury or illness shalt be one yearromeof f ti e date temporary d4sabil ity. B. Continuinq Pte. A permanent employee shall receive 86% of regular monthly salary during any period of compensable temporary disability not to erto aD exceed one year.: All continuing: : pay, under the - Workeirs Compensation'Program, will be cleared through. the County (I Adtni - istrat 's Office, Risk or Management gement Divisibri. -Comperisable tel disabilitye purpose absence" far the of this Section, is any absence due to work connected disability , which qualifies:' for temporary disability compensatiWon under o*6 rs) C ompensation Law set forth in Divisto 4 o :the California n Calf Lubar Cele. When .any d'jsabilit comes - qty :,,b e medica y permanent and stationary, the salary - provi ed by this Section shall terminate. No p shall a I be made against sick leave or vacation far these salary- payments. Sick leave and vac tion rights shall not accrue for SOU 535 SLS - 66 - 1999 -2005 MOU " ' � Y- t � those periods during whrcl nth ultng pay Is received. Employees shall be: entitled to a rnaxrr Um-. of one 'l dear of continuing paybenefits for any one iniury or illness. Continuing pay begins at the same time that temporary Workers'ors' CpmpenSation benefits commence and continues until either the member is declared med call perm nent/st r ry,, or until cine ) year of continuing pay, wrhichcver comes first provided tyre en�rpl�yee remain- in an active employed status. Continuing pay is aut matically :161 hiiinated on the date an employee: is separated from Count service y resignation, retirement, layoff, or the employee is no ranger employed by the County. In these instances, employees will be paid Waers' Cc�rnpenstion errefrts as prescribed by Workers' Compensation laws. C rutl Pgy l Mnd One 'l Year. If an injured employee remains eligible for te.mpor' y disability beyond one ( ) year, the authori 6d salary Nuill continue y int gra ing sickleave and/or vacation accruals with Norl ors' Cornpensa t ►er fi ts if salary integration is no 'lon er available, r ers Compensation benefits will a paid tit ly to the employee as Iprescribed hy,Workers' Compensation laws. SEW 535 SLS - 67 - 1999 2005 Moi �tEN � D Reha.b li anon Integration. n inr~rred er r;ployee who is eligible for workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent andstationary will continue to receive his/her applicable salary by integrating sick leave aid/or vacation accruals with 1torkers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Therkeafter, the rehabilitation temporary disability benefits will be paid directly to the employee. E. Health Insurance, The County, contribution to the employee's group insurance planks continues durin, -q the continuing,g pay period and during interati€ n of sick leave or vacation with Workers Compensation benefits, 11,52 Ig o f IIII ntgMl�f��0 1 #_Amem, loy el ick leave e and/o vacation car es shall be calculated as follows: 8 j1 - (W ) S) Sick leave or vacation charge per day (in hours 1111 = Statutory'workers' Conp. for a month = Monthly salary 'I # Sate L"I�isa a l Effective ,duly �f g 4, the County ar111r#ip lYll�l rii#IIYIAIiirMY ly = will begin a six-month pilot' program for employees eligible for Mate Disability benefits. At the end of the six month pilot prpgram, the County will meet and confer to evaluate whether the plan will be continued. Employees eligible frac« SDI benefits will be required- to make application for SDI SEW 535 SLS -68 - 1999 - 2005 MOU N C S _ 0 M PAY benefits and have:tose bene fits inteq- ireted wi theOse of Oltsiek leave, accruals:orithe following basis. 15.4 General Pr2VIS12 The California SDI 'program provides is bility behobeginning onAheeighth (8th , bility Unless the employee is: c6 Ion, ardayof a qualifyihg:disa, hospit fized. Upon hospitalization benefits cam be payable :r disability v excee s fro the first day of. the di sability. If the d sa 1: fourteen (14) calendar days, benefits can be payablefrorn the flat day'of�the disability. The maximu. period of state na o disability,Paymentsis up 6 one year. Dotormi ti in of SDI Payrn entand eligibility receive paymOntsi is at the sole 6 6 a. discretionof the,State, of�Califbeni' Integratio n: rn I e nS thatemployees lwilt be required to use sick leave-:6 ruals, to supplement the difference :betweeh the amount: of the SDI :payment and the: employee's b ase. .month- lysalary. Integration of sick leave with the S 1 benefit is automatic and cannot be waived. Integration applies to all mp SCSI benefits paid.L or epi lo s:off:: :on 8131 the depaitim, nt Will Make appropriate integration tion ad Ustnlerts, includi ng retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely mannerin order' for the departmentto make approprlateintoe gr tion .6 stMent a0lu S. �� State:D],sabijitybendfit paym-ents will be 'sent directlyto the employees attheir home:addres- sl by the State of California. When there are l iinsufficient sick leave accruals available to fully supplement: the d-Ifference between the SDI payment and the employee's base monthly salary, accruals other than SOU $35 SLS 69 1999 -2005 Mora Sick leave may.be used. These accruals may b used only Jo the extent that total pa yrnen do not exceed the employee's base monthly salary. 15.5 EMO&M. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the magnum extent possible. When employees have 1 .2 hours or less of sick leave accruals at the beginning of the disability integration period, the department Shall automatically use o.'I hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, int grati. with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the DI benefit. when the SDI benefit is exhausted, sick leave integration terminates. Then the employees may use Sick leave or ether accruals. Employees with no sick leave balance at the b>eginningof the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SCSI claims are denied must preSen a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. SEW 535 SLS - 74 - 1999 - 2005 MOU I� 1 ► , t ' + � � ANC► COT`IN�J'll"�'C E lc'Yees �a C�ntatirt the I"Il,ln�tan 1\eso ImOht enef t , fc r aBSis: al tCe reset llrl{" i` 3�11e 1S. 1 . �e bd � �11t���' 1t��' . ntll an employee has a � rrrra+n rr�an..iuwru�i.r.nir..r.�rri gr�.r++rNw+r balance of 'I . loul-s tf leave, ernlc� ee's heave accrual C�"1ar es vu°h� a receiving � benefits shall be calculated each mohth. The amount of sick leave Charged each em.01 yee W-i be calculated in the following manner; The percentage of base monthly salary. n6t covered by the SDI benefit will be applied to the daily hours in the empl ► ee"s sbhecue and that number of lea�re hdurs Will be Ch rg d against the imp., � ee's sicl� heave accruals, Fcrr purposes of integration Withthe SDI prograi me e ow + s' ehedules will a converted to th6u,115 clay. weekly w rlc schedules durlr� the p rigid of ntec�rat�cn, The fermtala for full tune employees' sick leaveintegration charges is shown beler: x rplyee Basel�ntty Salary = ! r S it rain State c A CON rnia SDI Weekly Benefit Table C = Calendar days in each,:Month: onth D Estimated onthly SQl Benefit 11 = (W 7) x C1 L = Sicktoave Charged per Day arm. et pert irne� permanent- me rnit rrt �m c��eesg and those full time employees working a li httlimited duty. ' SEMI 535 SLS - 71 . '1999 -2005 MOU ................. T1 U N 14 R E C 0 K reduced schedule program shall have, their sick,. leave integration adjusted: accordingly. for.purposes, of 15.7 DeSalam", LIM to e --,,,n,. "Bas Monthly: sick leave a defined integration is s':t e . g n h :.se1a,r-yamount for the -.!s employee's step on the salary schedule for�:the�:,e I MID oyee permanent classification as shown in the, "Salary! fieldnthe. On-Line Payroll Time Reporting System used by departments ,for :payroll reporting purposes. 15.8 Convers,lon t New SDIRro ram. For all employees receiving SDIbenefits p ior to duly I 1994, conversion to the new SD]. program operated by departmental,.payroll staff grill be coordinatedHm : :�.bythe.: uan Resources Department,:Benefits. Division. , All, em lovee SDI benefit::,checks received in theDuman -Resources Department and. signed.,: over. to: the County by June 30,, 1,994, will bebuy back the, deposited and :used:,ta: employee's sick leave, with sick leave credits appearing on the July 1,0th pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994,. will be returned to the : S� b employee. All employee SDI benefit ch 0kreceived after June 30 1994, will be returned,to the employee. In both these situations, no sick leavebuy back will be :made, regardless of the calendar period to which the,benefit checks pertain. Program transfer to de rt tat payroll pa men 11 staff:will be effective July 1 ,, 1994 for the. month of. July with the first, computation of SDI benefits and integration with sick leave 2005 MOU SEW 535 SLS - 72 - 1999 .......... C VESA Vw VA MA -K Soo I August Vw-: under the new m program made ren the Au 4111,01V 94 pa warrants.cov ripig the July 19 4 payroll period. 'AN E PHIC-LEA 116.1 Pro A si mt:,3he County.:Human Resources i i pier'Wa IDepattment0 per t a:CatattrophicLeave BA*Whrich s :will. designe di to assist any:County employee who:bas. exhausted all paid accruals, due tria serious or ratas p tro hlc illness Y : injurylDricond,ition ofthe, employee :or M,it emb er. The p egram establishes and maintains a. ' Countride bank r[b Wherein:: I any em ployeet wcoho wishes: to nt ute, may a.uthotizehat 0or, tiof. i:t1her accrued ry L cornpensato, time, holiday Compensatory time or floating holiday be deducted frr m'.those accounts and credited to theCatastrophic:,Leave. Bank. Employees may donate hours either4o, a:�speel.fi:celigibleemployee. �7:em I or.�tri the Upon pL approval credits from the:Catastrophic Leave Bank may be transferred to atequesting: employee's sick I lame account so that emplo' remain in paid status for a longer period yee may of t :,� financial impact of the tune, thus partially rat* the illRe S. in futy, Or condition:.. P c Catastro, iltness or Injury is defined as a, critical medical �i I Irm condition.:a long4errhmajor phys ca I mpa' ent or disability Which manifiasts, itself, during. employment. SEW 535 SLS -73 - 1999 2005 MOU ................... TA 162 A. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recor n, rail :donationss of accrual,t I and for initiating transfer of credits from the Bank to the recipient's sick leave,,account.: Disbursement of accruals WI.1 be subject!to the approval bf asix:(6). - member committee composed of three2 : members appointed by the County Adrninistrator and three. (3) members .apoi ntedby:the ma. : 4 jo n p representative employee'z organizations. The committee,shall meet:as,;necessary'to consider all requests for credits and shad z make determinations. - :: as to� the appropriateness� of the 'request. The Committee.shafldeterrnineAhe:amount of accruals to be awarded fbr employees Whose-.donations are non-specific. Considleration..,of a F requests 'by the q committeewilt be on: an anonymous reuesto,r basis. R. Hours transferred from ::the: Catastro . phic Leave : Bank to a recipientwill be:in,the'form of sick leave accruals and shall be treated as regular sick leave accruals. C. To receive credits under this plan:, an: employee: must have permanent status must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical: leave of absence and have medical verification of need. SEW 535 SLS - 74 - 1999 -2005 MOU ........ ... A S�oIO EAVERANK, S TMNI CA EC 6— TA :to D. dhoi s are irrevocable Un es6 the .don ton 1 e e o . .14 Saye d N ns .m v be Frith a� U ma 6 6 u I ry�; ock :m n, �d of not less ball in th than four (4) urs 0 balances e h mpensatory' da YJ � : 66 C- 0 vacation, holiday, floating y, im, accounts* mployees ti e I'd compensator time or h'b a: cific,� Spe wha o onab:�. a 16 seV6 t fi i di id, 1: jBint (75. in V- 1 ua sh 11 hav n y ive pi.8rc, %) of t dcredited 0 hd individual and heir onatimt the] ii- twenty- f Ihe C to stro hic iVeLi feent ( b°,�©} credited Leave 'Bank. converted o a :dollar value E. Time donated will eiq d: :t a r va uer iflbe�:converte, k to si,-'-, 6rid::thio :doll I Will PC Al b: ly rate the r :leave accruals at e ciplen s : se our straight burbe& C redits.:twiffbot. be on a when dis hou r ur basis. ! 10 s �Ubohipulati n will be on a r-ftA standard 17 P - basis e,.m except that oyees on ,: 3 33 other than a forty ) hour we k 'lave hours prorated according to their status. F ,any recipient will be 11MIted: to a total, of one it tv thousand ::�brty (1:040): flours ours or� i �equi Ien t per catastrophic event; each donor will be limited to one hundred: twenty (120) hours per calendar year. G. No element of this :plan is gri:oev6ble- All appeals from either a donor or recipient be resolved on, �y of asts:b the Dir a� finalb edof�� umani Resources. H No employee mill have any entitlement to catastrophic leave The award of ive ben ts. SEW 535 SLS - 75 19991 2005 MOU . ✓ _ � OF ' ► Catastrophic Leave rlil the sC a dt .cretion of tl ._..Ct3t"1t711ttee, cC'llnts_ Q _ enefis , awarded and as to personsmarded benefits. benefits may be denied, or awarded far less than six ) months. The cornet ttee wild be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants on ars anon mous basis, these who iii receive benefit s except for hours donated to a specific employee. In. the avant do natinn is made to e specific empl -N tMEOFAS pre nallcy- 1Sab l ty, serious health con rtions� and family Cerqoftaoj imaccordan faderal law. 17452 Gangtgj. ntr t On LeaV cif �sence, Requests for leaves of absence without be made upon foals prescribe by the Director of resources and: State specrficaly the reason for # request, the date it esirel tc begin tyleleave, end the probable Mete of return. A. leave without pay may be granted for any of the following reasons: 1 . illness, disability or serious health condition; pregnancycarrereny + sekity; . family care; . to tele a course of study such as will increase the empio ee's usefulness on return to the position, for ether reasons or circumstances acceptable to the appairltirl authority. B. An employee must request family care leave at least thirty ( 0) days before the leave is to begin if the for the learn is foreseeable. If the need is not foreseeable, the employee must prDvide written notice 66to the employer within five days of SE-jU 535 SLS -77 - 1999 -20051 MOU Se CUON-17 A- OFAWNP9: h h: learning, the :�event by ,w which �th 6L�, eed for famil C. A leave without pay may be for a period not to exceed0 :eL Ln L year,.L providedl: the apointin :0 for ad LtonalL. ILY L' extendLL di 1 auth rity �m L periods. The:procedure shall Lbe the. same aS1hat:i n rant in LL provided that :' the �Teq,uest: r extension Lmust be,:LL made not later than thirty (30) calendar L daySL beforeL 0 the expiration of the original leave. n D. Nevertheless a leave: 'of absenceL for the employee's serious health condition or for family bane shall rLLLa Iha I beL� L gLto :an mployee who so nted,, requeSts it for up to eighteen (18r) weeks in each calendaryear period: ip accordance with lection 17.5 below. E. Whenever an employee who has been granted a leave, without pay::LdeSiL S to,L retu re rh before the expiration of such L leaVeL the employee shall submit i a request to the appointing authortty in writing at least fifteen (15)Ldais ire advance of the proposecl return. Early :return IS sub et to prior approval by UL LM,an Resources ng ArLit LLL L TheH the apporintiL utho Y. :;� L L Department shall be notified promptly of such return. S F Except in the:Lcae of leave of absence 10 duefamily L V Care L pregnancy, pregnancy'L diseilit , illness disability, or serious Lhealth COL ndLition$L the decision SEIU 535 SLS - 78 - 1999 200:6 MOO OFA of aPpairtir uthtarity crntir denying aV "ha be'i:Lsu to, leave - - - -- -- - peel the Hurnen 1' esoc rces Director and not subject + ep►pel through rievonce p►rt cedure forth ii IV1. 17.3 . The existir� To program shelf be 'continued for the life of the contract. 1 .4 Hit any err�ptoyee mho � ordered to 1M iwyI1M1111rY14Y�iYq serve rnerr fL t f the ate Ilrt a car the �n tact Mates Army,, l ayy, Air lWorce, bine corps, COOS hard or any division thereof shall begLranted a military the Period of such service, p►1us ninety ( 0) days. Additionally, any ernpoye rho volunteers for such (vioe durincg rnabiliation under Exenutie trder of theL ioent or canress of thenitd Mates andlor the 'tte governor in time of emergency scall be granted a leave of absence in accordance with applicable state or federal laws. Upon the terrninatin of such service o upon honorable discharge, the e shell. be entitled to r°eturr to his/her position in the class edservice faro ided such Milt ex st and the employee is other r se �gUalified, without any loss o standint� of any kind hetsoever. An employee who hes been granted a military LeaVe shall not, bv reason of`such absence, suffer any lass of vacation, holiday, sfck leave farivles ►hick may be accrued at the time of scl leave, nor shaf l the erplyee fae preuttided thereby kith reference to salary d ustments or continuaffon Of eptornent. lar purposes of deterrininc eligibility for salary adjustments or seniority in case of layoff or SEIU 535 sLS . 79 - 1999 -2005 MOU promotional examination, tirne on rnllrtary leave shah be consi erecta t r -hn Countr e: i 0--l— Any .___ l -- / ny employee who hes been. granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the C►irector Human Res may deem necessary. ' ami acre Leave or Medical Leaveaeon request to the apoi tin a itho .ity, each al nd r year any employee who has permanerit status shall be entitled to at least ei hteen 8 we bs leave {less if se re ueste by the employees for, a. medical :leave of absence for th►e employee's own serious health ondition which rakes the eiploee unable to perform t functions of the employee's position; or bw family scare leave of absence without pay for reason of the birth of a :child of the: mpioye, the placement of child with an employee in connection v ith the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the em loyee. 17.6l e.d cad ce irtifigati The employee may be asked.1o. provide certification of the need for family ogre leave or medical leave. Additional pe iod s of family:care or medical leave may be granted by the appointing authority. SEW 535 SLS 1999 -2005 MOU NNC �17 EA OFA9SE OftftrLAA-Ve The e on In US-0: 100, W 4 is 18)week ek odods k -on--a- -NU re ur g lar ayrd ULd eL UL ced work Schedules, dep ending on the specific circumstances and i SL tUati Uthe r L qU,in stL: on s urro :ieor leave,7h eighteen (18) weeks may include, use of epropriate ava bile paid accruals when accruals aL -aLiLn pay leave accru used to n re L maiL t ot'L LL that .tat Ut L Sue accruals IS L:L U8L :�bl LL U be h d�' L L L L L fi L L S L L L L 1 CIL 'LLL L tion Ow. e In L LL 1 7 2L L When LL paid L[me accruals 'CaL or family eL such h tim e shall be counted asa used f iiti y care V are or a md e Ofthe LL:LeL Ighteen 18) "0 L LLk L�entitlement. : part L L ase + rZ the LS e. situation where husband au'isb La (iwi L em:tp oL y e t, bounty, L Z LL L LiL t hL e fMYcare ormedicalLeaVeL itfiemntLb the birth, adoptionr cage of chi1&1SLAnit an fdr OyeesteAher bf eighteen 8WL%kSduring each Cal dAr period. EMpoyeeSrequesting family care avearOrequired to advise their appointing authoft6s) hen the spouse is also employed by the County. OnSFor Me.dLic . and L Lferrelycare leaves o f absence; underthis S jon, the foilOW[nqido1 ions apply: Ch aloiC L L gcal adopted, or fbitter child,tepW A bio L 'L L L LL 6hildL 7 g; Vvard, eryatcar L a chjI,dL who is Under eighteen (18) years of age for whom an I t f :eLLML 10 eL L L t ds or for whom the n �jLnL paren Is employee is the guardian or I conservator, or an aj p duit dependent child of the employee. 1999 U: .2005 u SEI" 53-5 SLLS MOL .......... ............. L ........... ........... ..................... SECIIP 7� WQ A M. W1 -:LEA b. A biological foster, or.adopfive parent, a Ua sep-D trd person standing inloco.parentis ,to :achild. e: A partnerC. Sgous in marriage as defined in California civil Code Section 4100. d. Qgmestic,,Partner: An urimarried, person,,,eighteen 08.) years orolder,, to whom the employee. is ,not related and with whom the employee resides,and.. shares, the common necessitiesof life. e. Se. ious �He Health Condition.: An illness, injury,, impairment or :p ys*ca I or mental condition w ch warrants the participation of a faMIlymember to provide :care during a: period of treatment or re in a sefther �inent .pa. i.. ca supervision and involve t hospital, hospice orresidenti:alhea,lthcarefacility continuing treatment or continuing supervision by a health:ca.re. provider e.g physician,:or :s,u,rgeo,n,) as defined by state and federal law. : f. Certificatign,, for Fflv. am .. Cre,, Leave:care e A written . - communication to �the�employer 1pyer ro in, a� health:. car : provider of a person for whose care the leave is being taken which need not identify the: serious health condition involved, but shall contain: 1 the date, if known,:on which the serious health Condition commenced, 2. the probable duration of the condition; SEW 535 SLS - 82 - 1999 -2005 MC U Iff 3. en e rri�& of :the ernount �e which the . aStatement that the serious h �altt condition warrants the partici ati an of a am y member er to provie pare during 'period df tratrnen car supervision, . for inter r (tent leave or ar +�u�d work schedule heave, the cerfification should indicate that the interMttent or redLrced leave schedulei necessary for the-7care of the individual or gill assist in their recovery, and-its expected duratlorlr Cortifigg Lion for My: L me: :Writterl com unIcation fror�n health care provider of an employee with a serious health condition or i lbss o the employer, which need not identify the serious heal condition involve, but shall con In the Meta, if known, on which the health condition cornrenced; the prokahle dU. reticn cif the condif ion, 3. tate neat that the rn :1 e i unable to percrrh the functions df the erplpyee's job, 4, if for` internittent leave or a reduced work schedule leave, the cert fication Should indicate the medical necessity for the 5E�� 535 SLS - 83 - 1999 -2005 MoU intermitent heave or reduced leave schedule -- - and its expected duration. h. Qgm,paLgble Positions: position with the same or sirnilr duties and pay which can be performed at the same or similar geo9 rapt is location as the position 'held prior to the leave. ordinarily, 'the fob assignment will be the same duties in the same program area located in tle same city, although specific clients, caseload, co-workers supervisors , or other,stafr n ig Vinay have changed during an employee's leave. 17.10 Ire 'naf Dig blti �eaveInsofar as pregnancy disability leave is used under Section 14. .d - icC �.eave Ut lira ion for Pre nancv Disabilitv. that tune gill not be considered apart of the eighteen 8) week fa ril care leave period. 17.11 GEoMo HqAth:-Pjan C 0 +��a ei Ei�yees who were members of one of the group health plans prior to commencernent of their leave of absence can maintain their health plan coverage with ..the: County contribution by maintaining, their employment in pay status as described in Section 17.12. Curing the e.1 hteen (18 weeks of an approved medical or family care leave under Section 17.6 above, the County will continue its coritribution for such health plan coverage even if accruals are net availaale for use to maintain pay statin as required under Section 17.12. In order to maintain .such doverage, employees are required to pay timely the full employee contri ution to maintain their sEIU 535 SLS - 84 . ,f 989 -2005 MC U E VON fiT rcc � � + � , +etler tlr€ Uyr deduian car � ► ur� cret �_ - - UL � ! � � r Leaves A sent; urine l e rr�t bre ve 1 � nQntleri�d any leavef absence MtlUt pay, n en ►l-0ye t raintin status each th n y u inc avat bl SIC leave entitled under �ecticn Iices dvenin Ise '`ail Leave), vaatier ; fltatin clay, COML en atOrLy ;tune car ►t er acLL LLLL cMals car �ertitlernnts; In tithe wdrds, du -it HhL LLeirs helve 1rnon�ts, # of aencevtcuty may e "broken" into se me is and ederuais Used on a mcntly basis L at tete errrl� ee's discretion. After tle first twelve rnctlL:LLy the er�id may scat be ' arc l en# inti se rn nts ani aCcrua s may rete Used; �Ien r+eured y . "[ eret Coordination car [� l icl Leave In e r tic � cedar e icon 'I or as rev dec in the sections below BL* L L LLI=ar` i ar car M d ca Leaue. urir� tl e i hteen veek� a acted meica erL L army care heave, i artiar that leve Will a a heave efL bser ce Wit t u day, tl�t errr lc ee mi l e c u �d use lees .1 lcur't sick leave LLLL i entitled U � ic�n 1 .3 - �'ticies �evernin Ilse c 6id }, vat<aicn' leatlnliay, da►r ►ertsa�of time car otheraccruals or entilerrents if:such are available, Itcu c SEW. $35 SLS - 85 - 1999 - 2005 MUU SECT`ltN7-LLA / CFABS �1tC additional accruals is permitted under subsection A. above. C. L_eav+ of Absence/Lon Tarns Diabiit LTD Benefit oorination. An eligible employee who files an LTD clap and concurrently takes a leave of. absencewithout: pair will be required to use accruals as provided in Section.,.B herein wring the eighteen ('18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (IB) weeks entitlement period an a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, expept as allowed under Section 14.3 Policies overn n the �Jse of 'aid Sick Leave. 17.13 Leave of Mlence Re locomen & Reinsatenen . any permanent employee who requests reinstatement to the classification held b the employee in the same department at2 the time the employee was granted a leave of absence, shall be reinstated to: a position in that classification end department and then only on the basis of seniority. ,,:In:.case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 Senioritw Vvorkforce Reduction L.a oifi & Reasslgnrrnent shall apply. SEW 535 SLS - 86 - 1999 - 2005 SII OU 17 FA n ithe epartment of Wore tMu [ + urdrrrgy asrgrrrrent umblw nitre Gtr"1SCutrve dais prem the rnrtla date the. employee Sired lease cit ahence. t11' e the al ►SerrCe is a pr a bar h a ng he r C rtrr r Shall notify the employee:of tl�e rnal date � �� he/She shall return to a assigned to the same pest:rio control nurser. N! ice IT 15 RI-l' ��. qtemon Figm AMY In th case c f a i r e €or r adical air erne a �ee an a '5/40 swhedule shill e r in tat d t the sarn car' Comparable position if the return to word i fi r no: more than nfiney ) work days of leave tram the` initial date of a c r tinuous leave, indludin et eucrua s, tit i the equivalent on an:: alternate work Sch6dulei toll time employee taking an intermittent or reduced work Schedule lea re slur be reinstated t0 the same ar er,para a pvs ron if the return to rrcrk foilChedue ager no More gran 7 & "lours, rrrcluding use cit accruals, et interim tent :or reduced chWlil a leave, t the tyre the original leave approved, the appointing aut�lcrity all notify the erpeyl ee ' in writing rpt the final date to return to work, r the rrlaxinurn number o hours et leave, in aider to - gurantea, rein to' the same' �►r colpara le ppsiticn. n employee 0m a schedule rather than 5/40 sisals hive the tittle fr rrrer einStat rn nt td the sane ar cc r Dara le post on adjusted on a pro rata basis. SEW 535 SLS - 87 - 1999 -2a05 MOO al vi of,Absence sal rn Countypc Wo on any anniversary nate end who not been absent from the position cin leave wit pay Mre than 6) months during thez. preceding year, shall be reviewed on the anniversary date-Employees,on military leave 'shad receive salary increments tl at may accrue to them during tl a period of rrl t ry leave. ? Una rkd AS+e�ce An unauthdrizd aosence from the worts site or failure to report for duty atter a leave request has leen disapproved; revolted, or canceled bthe POI authority, car at the expiration cif a leave, shall ke without pay. Such as+ nce may. also. be grounds fm, disciplinary action. flan-�xc asNuitv,,ther M U language o this rlrrr+rrw-r.erimrirrrrrrwrrrr.rr�Nfi subject, not in conflict, shell remain in efFect. 17.1 ire ofd' to �fiwer rr pioyees represented by the Union who do not have sufl`icient time outs de. of working hours to vote sit a statewide election, rn y, without toss of pay, take off enough working: time: which will enable the employee to vete. leo more than two (2) hours c f the time taken ofl< for voting shall be w thout loss of pay. The tune oft for votin shall he only at the be inning' or end of the regular working shift, whichever allows the most free tune for voting and the least time off from the regular working shift. SJU 535 SLS - 88 - 1999 . 2005 MOO An er p Qyee s e�ir� ���� riff �► va a under the provisions of this � � r�aest east �- - - nrcrin� � indvae ar her irle�diet+ s ,lper�rsar st Infaiawir : re; ca sifictian depart ert; # t r " ! r regi r v e "; r p is 1t�� ion aid address of the employee's aaiiin� piece; amount of time requested end whether i i to he at f he peinnil or end of the employee's regular Werk dad, er t tement as t�► empic�yeeis � to vete durn the reamer hours that the polis are-,I open. 0 U17Y A -W1TN9§S'DU 18A Ju.,, t ,D,j For purposes of this Section, jury duty seii defined any tirnn errpiayee is dlieted to report to the court. W hencaned o r fury duty, County ren } ik other citizens, ars: expected to I -discharge: their jury duty responsibilities. E ploye . sad� iathir dopantsso i epossible if shod ued to epee r fcr j u ry d utyy If summoned for jury duty in a Municipal, Superior, or dee aur , r a ,Coroners u�,r employees may remain in their regular Jaunty peytetus or they rney take paid ieaue vecaion fia�tin oliday, +etc. orpeeve Without pay, and retain eii fees, and exaenes paid to thea. SOU 636 SLS -89- '1999 -2005 I au TY When an employee is Summoned for jug duty selection ori Selected aS a furor' in a funic al $u error or;Federal + rt _ employees m y ren a n n re a ar pay Status if they '�IVarve all fee o her than n lea e , re a dl ss of shift assi rime and the following shall apply: If an,::employee elects toremain in regular pay status and waive or surrender all fees (other than rnileacge), the employee shall obtain from the clerk or Jury Commissioner,:acertificatein i -ating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where if gill be retained as department record. o "Absence/overtime Record"' is required. 2. An employe+ who elects to retain all tees must tale leave (vacation, floating holiday, etc or leave without pay. No court certificate is required but an "Absence/Overti me ec ►rd ' must be submitted to the department payroll clerk-. Employees are not permitted to encga a in any employment regardless of shift assignment or occupation before car after daily jury service that would affect their ability to properly serve as jurors. An employee on short nc►tice standby to report to court, whose job duties make Short notice response impossible or impractical, shall, tae given alternate work assignments for those days to enable them to respondto the ou on Shirt notice. SEW 535 SLS - 90 .. 1999 -2005 MOU When6m toyed is required serr ►n 1u dutyt the d un a 'ust that erg p ` r r schedule o coin ide__�..____- I�+ Ida tca r'i rerailder caf their service, unless the requests otherwise., l� rticipan! ire 9/ car �4I w.or-k schedules will r t receive ovartirne or c m- pensatOry ti me credit for Jury Baty n their scheduled days Gaff. erl anent-i term tient employees:s are entitled ald pal d l ave only far those days can 1 I�J�h they were prevlcusly scheduled to work. 18"2.2 ,! Duty. Employees called upon s a witness or an exert fitness in a cage arising in the course of their work gar ti a vicar oaf ancatl�er c epa to ent may, rernaln in their regular ply status and turn over!t€� the euptyr all fees end expenses. paid to thern Oth r than mileage allowances) or they male We. vao tican leave or leave Wthoult pay and retain all fees and expenses. Employees called toserve as witnesses In private cases or personal rnaterse, .# accident suets and family relations} shall fare vacation leave or leave Without pay and retain all Witness Saj tlern. Retentlon or waiver of feea shall a oVerned by the me prcavisions as apply to jury duty as set or h in S coon 8.1 above. E000YOes shall advise their department as soon as possi ale if scheduled to appear for witness deity. Pelmanent neem itteant enpleyees are entitled toy paid witness duty only four i€ase days on wlicl�i hey were previously so�heouled too work. SEW 635 sL5 _91 - 1999 -2005 MOO SKCTIL i cu�r � trcr �s bounty will continue to offer existing County raup Eenefit' Programscif media , dental and life insurance corerace through December 31 196991 to all per anent employees regularly scheduled to work twenty ( o) or more hours per weed. Effecti ve January 11 2000, the County will offer Group Benefit Programs for medical, dental and life insurance coverage to all permanent ernplpyees retarly schedutd t+ .Werk twenty hours or u more per week as described in the September 301 ggg agreement (Attachment ) between the County and the Labor'C alitirn. n f gEMMj n. The County Benefits iuision vill rake health and dental plan rate information mailable upon request to er'npoyees end departments. In arlditien, the County benefits Division Will pubtsh and distribute: to employees and departments information about rete chanes as they occur during the year. 1993 Wl2dloare. Corresponding Medicare rues for employees covered under this IMOD shah be asfollows for Employee only on Medicare by fak*tg tl e Employe I rate for the option selected and subtracting the monthly Part Iedicar premium thletd from Social security payments for one enrollee; for Employee and Dependentswith one member on Medicare by taping the Employee and Dependent{s rt►te'for the option elected and:sub►tractir�g the monthly Part:- B Medicare premum Withheld from 'Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the SEW 535 SLS - 92 - 1999 - ZOAS Mou '# .' LII + LN'I'`AL ` 15rhPlOyeli'' ►nepeWents) rate for the option seledted and t tht ' ` are: premium. wi frern : tial �e�uty payr�ients far �ot` i : 1 . Dar io O h. T°he CQur#ty's contrlbutien to the Health Plan premium Is payable far any month in which the employee is pard. an enpl yea is not paid enough Co pen 8Won in month to day the ernplt�yee share ef'the prernrun , the employee rn�ust ral the difference by rem rttinq tt`1e e ► r t l rlquent t ► the ► itor Cao roller. The rpnsiiilt for this parnent rests with the enrrploee. if payment is not made, tl e en plpye sha.11 b+e dr€ ped fit rn the h �lth plan. n enplyee is thus covered b the health plan fbr tl a month in which COM' is paid. . vera ` e Enr becesn employee on approved leave shall be allowed to continua his/her health plan coverage at the County group rate for twelve ) m nth s pro r ded that the emplOyee shall pad the entire premium for the lea th Ilan dur� ng said I oe, An er pipyee on lean in excess of t relve'{'l months may continue health plan coverage by converting to an individual health plan option If avallabl, or continu n§ group coverage subject to the. provisions of the onsoll aced Omnibus Bud t Rbdudtion Act (COBS) providddl the employee pays the entire cost of coverage, plus any at mthi trative fees, for the option selected. The entire cost of coverage shall be paid a a place and tiime specified by'the County, tate payment may result in cancellation of health plan coverage with no reinstatement allowed. SEW 535 SLS - 93 - 1999 -2005 MOO Ari employee who terrninaes County empioment ray convert individual `health fan cover if arailble or may continue County group health plan weree.' to the extent provided under COBRA by making premium payments to the County at a time and place speified by the County. .f 1-et Lament Cov a e. upon retirement, employees may remdinr in the sameCounty,grobp medical plan i immediate.ly before heir. retirement they are either active subscribers to one of the �ouny Haalt� Plans,orif on authorized leave of absence wit t, pay their leave retained their membership by either continuing to pad their monthly premium to the County by the deediines established by the County or converting' to individual conversion membership from the bounty 'plan through the medial pleb carrier, if available. 9.712eforre Reap nt. Effective , anua y employees who rasionend file fora deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply a. Life insurance coverage is not, included. b. To be eligible to continue health end dental coverage, the enrplcyee must: 1 . be qualified for a deferred rotirernen# under the 1937 Retirement Act-provisions. SEW 535 SLS -94 - 1999 - 2005 MOU CAM aotiv rn i nber of � Court rou health' �rrr� 1 theirr cif f _r def rre+d r tirerr en't a pli tion d ► continue health benefits. . be eligible: for arndntl ly allo ranee from the l ether ent y tern an direct receipt of a :monthlya lOW hCe within twOht -f l Ur (24) rnor�ths of heir a lIc ic' for deferred retirerrnent. 4. file an election to defer retirement and, to continue health l benefits ereunder with the countyerfite liVision �uv'tthin thirry ( days befere their separation from 60, unt: service. C. Deferred retirees who elect continued health Benefits hereunder may maintain continuous membership in their t ounty :he eltl and/or dental flan rcu curing tie ►eriod of deferred retirement t their full personal eXP ense, by air the fall premium for their health and dental coverage on or efere the: 't th of each rth o the Auditor- Controller. When they begin to receive retirement ' ►en+ �s they rl l alif for the sam a health an+dlor dental plan coverage and county sub eotion to which retirees who dick not defer retirement are entitled d Deferred retires Who elect continued health benefits hereunder may elect na�t to main a�n ar id ation in their aunty heafth and/ r dental SE U 535 SLS -95 . 1999 M 2006 OU plan during their deferredrellent eried; and rna instead ali ufor IN- County anc subvention in anyf ' ounthealth and/or y dental pian when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; rovided re nsteten ent to punt r group healthand/or dental purr with ct unty subvention occurs no sooner thea the first of the month following a full three 3) calender month waiting period after the co mencernent of their monthly alloance. e. Eligibility for County subvention will not exist hereunder unless and until the: /member draws a monthly retirement allowance within notmore than twenty four t months after separation from County service. f. Deferred' retirees are re+�uired o meet' the same 'all,i ibility provisions for L halth/dMal plans as active/retired employees. 19.8Dua ' Covelraae If husband and wife both workfor the bunt and one f tlern is laid +off, the renrairin eligible shall be allowed tc enroll ortransfer into the health coverece 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 withinthirty (30) days of the date coverage is no Ioner affordedunder the spouse's plan. SEW 535 SLS - 96- 1999 - 2005 Mou TAL AR Tl ty, will, ea er pl ye s the tion c ark I e n Care S in rcc� am ode r qualify for ac Barns under ein +�f her eye Fer Cade c� such Savings are net guaranteed, The Pcgrar a ows eit L' Lp o ees sed aSide a pre-determ in am of rnonre froL (heir h + k, e t e e . + r year fcr health �r execs rc� r+einursed y nyhe heaf knefsLLpan wilfcreac dollars, fecive , anuar , 2 { , this arrear# a it ire seed from 2 Q r year, � ► can a expended on � eii� hle LL rlilexpenssllc �ntedy lrern evr�u bode � cfion 12�, un se mance car po b recc�verec by the enplc LLL ee. t "Iettc� nCenvr ► rare. road- aedic '�''e:In ss 1nCerifirre l :r or rarr Wiil be deveLlope �i h input franc leir l�aarLL Llaraerent 1lllnessrnrr . 'he p rp► se of phis p r r will o revuard � erLLL ley :es With nc n iv s fc r pat ici a in n 111 ellr�ess r+�gra activities and nc�►ur a he to five lea fhi r lif s yIeS. The vellressrnrni�e wllnrl closely with the �lurran scres ' Deartneand rt on �r ►crrrtsr Irrtplenena en. A. r The ees n ' , . Program design gill include the deelcrnen Of acdiicnal eiiness activities c ccrnpliere current rn is y e: �'el r ess l LL rQi rat Schec�ul+e end cclikcricn with health pian carriers a devei�rp special programs and activities for County SMULs sus - - -2006MOU ............. ........... .............. 19 encourage particii l:l ation in the, employees a�nd..,.to,:,�e�n.ci ,. .,u,: .g Jr C pl q gem ph I W �establish' t M- .0 r pocrarns such ma pr w e,..placed as nokirgCe$satiOin JNutritio.n eight toss, Brown Bag Seminars, Ho It4 Screenings,reeningis and. Health. Fairs. B. A point value,. sy stem, for. . ,program� � h ,,. ,participation. wi0I developed re in each wherein e d a. n; me,, gill be., assi n wellness. activity...,a d Rrpgr-a g�- ccurn late:,.,and inc entie v . point vallue. Print mill. a. U - , prizes-will be.awarded .toemployees ppon re I zing n .., Gertaipoint, levels. The ,value of.. the prizesgill increase with. higher point values andone1 ) grarid prize will be awarded each year to the employee with the highest number of points. H[ be C. Incentives. A series of.,.., incentive.��'prize&.. W.. assi. W �ed to certain point values. In. addition.t. T I and department cognition for em yee e. p0- participation will be, ,,,an important aspect of the Wellness.incentive Program. � D. Referral. The par-ties,,,agr .e Jprefer the We.1.1pess Incentive Program to th:6 WelIness Committee for its consideration. Chid Care. ty " [ 19.11� ���Ch are*,The�Coup *1 continue tosupport the I e concept..of non-profit child care facilities similar t ,.the "Kids at Work►. rogramesta.blishe..d:, in. the.. Public Works Department. N1 SE 535 SLS 98 1999 -20:05 Ou - 00 Any se en d: 1 recowS Confident aitedic rIatialAdtz i�ri sections to 56.26). 1 413Ipro � � � es 01 deduct w11UWi11YiY1Y1MS :.L IIIIIIplllol�ltlll jj [[( [#[ to the- ists PERS . ong Term Car✓ Aft n r r, � c� n� ed ini trative cast, for County employees who are eligible andvol, lntrily enact t purcbseCn care tough the R ' rr Care rarer . The C O'Ll Irurtber eCgrees that County e1 p weer interested in p lrcbasin FUER Long 'erl C:�re rr � partic�pete in meetings,: scheduled by PERS Long, Terra Caere on County hOU 20 E ROMIONAMMIO 2041 r raitl�n. All c pp 3lntm; nts from C fide ly p1-cmUi . der p eyrr ent lists. fC r C r ib rtrence car prCar Cit Cin h be subject a probetic11 pend cr original: entrance app�int�Lents, tie prob tiC�r�er�r eric��d he b rCrn nine IIc�ntbs t� % ) years duration. For prcrnbtic ai p� ntl el ts, the prO tion penod s ii be frel� Six mar�tb tC t rc years duration 20.2 aas � ti "rc� atir� eri+ d vercfine isted be ow are those asses represented by the 535 SLS -99 . 1999 21135 OU nior ' which ha P per od . in excess f nine 9 months for ori incl entrance book trnentand s rna►ntl s for promotion appointments: Ione. 0.3 devised Praba o ary Period. When the probationary period for aned, ry new. appointees to positions in the cassi�catirn shall be subject to the 'rerrised proatianay period. M4 Crltorfa. The probationsry period shall comm , nce from the date of appointment. ItShall r c t cl timeserved in provisi€ nal or temporary appointments or any period of continuous un ci+ abs-encs exceedin. f" teen � lendar days, except es o her�nrise prt�vided �y law, For thoseernployees' appointed, to permenn t-interrnitt nt positions with a nine ( ) months probation period, probation61 will be considered completedupon serving fifteen hundred ('I , o) hours after appointment except that in no instance will this period be less than nine ( ) calendar months from the beginning of prdbatfon.' If a permanent-intermittent probationary employee is reassigned to Bill time, credit toward p►robati n completion in the full time p sitidn shall be prorated on the basis' of one hundred seventy--three hours per month. t F ,G _ OU az P € bat n employee is rejected during the r�obetion eeno ani restored to the eligible list shall begin a nem probationary period if subsequently certified and appointed. SE U 535 SLS _ 100 - 1999;- 2005 MOM T-W 2 AT Q A, A d in any othe r N 9 empi oyee vi , sl Of this sect'! n an e from, pbetinner} I a r b i n sherd have the right to ap.p I .0 baboh tyz� er yrq based U e..�D.r a a 11� ation Burin p od b s Jou r iq- *o.ns 01 01i Cal 6 fi- 8 affi : a ions- or op hi -sox in a.Jona: ori o a 6 c of:race n. t un-1, n itles : zlor, t1V itv gar o I age disabill al ent ri atiozn, .ap bi signed by the' 'phi Pp ea :. ust be -p UM en, mut a rld S e gro n t�f forth the U ds and facts6 0 Which It6 :is claimed that g:rou 6 nds for appearexist h the 0 g sed Im kan � � ' u Under:Sub d, mustbefiled thr :1 Y a n:: Reis i B iM b Director of Hurrourco �td,ftM it� en ort:the seventh (7th) ,ca I dar day,after d -f deicer the err le f �nbti, K the ateo o d li t y �o lee M cti re e n 0 I consider iffind it C. The rt rd,Shai nsid :the al)0664 the rejection q e. -a :� cause 1that 1 prbb b t �b lie e $ m ab Y6 i - o h Ited n : .have z been based n gr mounds pro I it, mpyt0f6r the matter to al1e' anng ng officer f, G.r:h arng recommended fi nd I s of fact, conclusions: of:::lam, ,and decision, puitsuant,�to :the r relevantprovisions of the Merit Board rules in which proceedings: th+ rejected probatoneth sthe: burden:. of.proof. Duse :. if thel Merit Board finds :no probable ca for a hearing, :hearing, �de-n the If, after�! I it shall y the Vert Board upholds the appeal:, it sha.11 directz that the appellant The reinstated in the position and the appellant shall begin a new probationary period SE1U 535 SLS - 1-01 - 1999 -2005OU Unless the Merit.,Boacl . spe cifical ..lretnstateS the former period. 20:ii6n Doll --timient 113 e regular appointment of be .in on the da a probationary employee: shall, y, following the g ,, end of the probationary period, subject to thecondition that receive from the � resources the Director of Human appointing authority a statement in writing that the services of. the: employeeduring he pro-bationa1Yperiod were,: -o satisfactory and: that the employee is recommended for permanent anointment.. A.probationary oy. mp may be e ee rejected at any timeduring he probation . period without regard-tothe,:85kelly provisions of this MOU, without notice and w Rhout right of appeal , or. hearing.4 If the: appointing b ort authority has, not-, returned the probation rep a probationary 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 writ 0 ten, documents certifying that :a probationary employee, :has. served .in: a: satisfactory mariner and later acknowledg.esitwas his Or her intention to do: soy thereular appointment shall begin on the day , g following the end of,the probationary period. Notwithstanding,,.,� any Other, provisions of:: theIOU an employee rejected during the probationperiodfrom a position in the Merit System to which the emP , loyee had been promoted or transferred from:an, eligible list, shaK be restored to a position in the department. lfro-M which the employee was promoted or transferred. SEW 535 SLS - 102 - 1999 - 2005:MOU Ann exp yee di.8mr issed for other than d sc tir r r reasons IX-M) , ths� after, b e' n romo �Od: ran rredl ri lWhi Mon from a position in the rit � r t a os o nit i + uded in the Meritystern shall + restored to position in + lessification in tie dep rtrnent frotir� �nrhi the er�pI'oyee upas promoted or transferred. A pr�►bati nary rnployee has been re ec dor ��� resigned dunih probation shall 'not be re to d to the eligible list from whoh the errploee unless the e nldyee receives the of irrneti re redoorn n+ hfttibn from h ap oir t ng authority and fs:certlfiiedilbyft Hum ri resources Corrector Whose decision is final. The Dfirector of I Hum an Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the parson was reeved from the same ligile list, unles such certification is requested in writing bythe appointing authority. . ► +c► � + n 'rc► ain. n errplcyee whois land +eft during, probation, if reemployed in the sarin class by th+e wine department, shall be required to complete only the unce of the required prob ti+dn bo . If re m toyed in another department or in another classification, the employee shall serve a fill probationary period. An employee appointed to a permanent position from a laycfl' or rer�nployrrent list is subjent t a probation period if the position is in a department other than the department from Which the er plo ree separated, displaced, or vo untar� y dernoted in lieu bf I yoff An appointment fr-orn a leyof or reemployment list is not subject to a probation period if the SES 535 SLS - 103 - 1999 - 2005 MO ........... position,, is in the department. fer-Orn which the: employee separated, arily�d displaced demoted in lieu of:layoff. 2-M8 RelectionDUTIng..,Pro. An employee who hay. achieved Permanent status inthe class before layoff and who subsequently is:appointed, from. the layoff list, and then rejected during the probation period: shall be autorriatica ly restored: to,: the . layoff. list, :unless: . d1scha179 : ed far cause, if the person: is, within.: the period ofnew:n: p layoff eligibility, The employeeshallbeqgin� a. robation, period if subsequentlycertifiedand :appointedin a different department or classification: than that from wh- ich the emWovee! was laid off. ON 21 SECTI PROM 21.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this mom. 21.2 Promotion Pot! The Director of Human, es g Resources, upon request of an appointinc authority, shall n �be�. called determine whether an. examinati.o. is, to J d on, a promotional basis. 21.3 Fxa M If an. examination for one off :the OveO classes, representedby the Union is, proposed to be: announced onamaper .only :iasis, the: Director of Human Resources , shall give five .(5) days prior notice of such SEIU 535 SLS - 104 - 1999 -2005 MOO WO llox2f PR TION Prop announcement:and shad meet at the request of the Un 1C °n t�3 dis U.S6the reas�r�s fc�r such span annc�uncernent. 214 via iftlassific Ilon h, UT r a I'�ithstandi ether prOVtsi nS cif h1S � ctien, an errplaee mays �►e promo ad fro n one classi 'icatian o icgh r I i c r i 1hrposi ton reclassified at the request of the appointing authority and under the fcivin ccnditicr�s: . An evaluation of the potition(s in question must horny that the duties and repensihlitle have i n Icar�tly increased and +constitute h10her level f work. �►:' the Incurnhntf the posltic�n must have pe�forned at the higher level for one., year. c. The incumbent must meet the inImun education end eprience requirements fcr the higher class. d. The action must have approval of the Human 1 esouroes Director. e. The`U idn approves such action. The appropriate :rules regarding probationary stags and salary on: promotion are applicable. iii RW 1 .# k ro monaan In i order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent states in SEW 535 SLS - 105 - 1999 M 2606 MOU 21 themerit System an. possess the mn.1m;uM:i i dMust IM qualifications,.for:the, class. �ppflcants will be admitted to promotional examinations only if the requirements are met ling: date.fo n 1 emplo e who is on, or :::be re the, fi aIf an ye qualiflOd on a promotional emplgymen: t: list issepqrated from: the .merit system., except,,by layoff, the. employee.s name. shal[be removed 4rom,..the Promotional list. , 21.6 SenCr; dits.1o: ty CEmployeesiwho.have qua lified to take promotional examinations and who have earned a total Score, not including seniontyr e-Oits, of seventy percent, (70%) or more shall receive, ,in addititon to.,all other credits, five one-hundredths of one.. (.0.5percentfor eachc-ompleted : month of service as a permanent County. employee continuously preceding the final date for filing application for said examination.:For:Dur.pos.e-...sofM n credits,dits leaves of 'Y : absence shall be considered der d ,,as service. Seniority credits shall be included in the final percentaq- :e score from which the rank on the promotionale lilst ,is, determined.rm.ined:. Noemployee total .: however, shall receive:more than a:to lof::,�five percent credit for seniority in any promotional examination. p 21.7 Phys call gKaminationemoyees who are. County . :1 required as part of the promotional examination process to take a physical examination sha,11.,do so on County time at County expense. SE1 - 106 U 535 SLS :- 1999 - 2005MOU T 22 . rr rls' + r cC-,-n:d lta�ls. The fallowing conditions 'are requiredz in order to qualify for transfers a. Th Pod tion that ire same � , �r if in different ti sham h h determined by the director of Human, Resources: to be`ap ropriat� far transferonz,Ahel iasis of minim, UMMations and qualifying procedure; b. the employee shall have perrnanent stat.,ls 1n the merit system and shaft be �nClood tardn , c. the appointing authority or, authorities involved in the transaction shall have indicated their ac reement in Writing, d, the emploa con c m d shell have indicated agreement to the change in wri incg e. the Director of Human Riesouroes shall have epprovd the chane. NoNftstand ng the foregoing, transfer may also be alcor p i had through tie re uiar ap ointn ant' pr ceddre provided that the individual d sinng transfer hes eii i ilit on a list for a class for which appointment is being considered. , Wi h+ ExamI. 910a. With the.approval: of,:the appr+aprate appo�ntn at.thorrtylauthortes and the SEI 535 s-Ls - 107 - 1999 -- 2005 OU consent of the employ',63e, the Director of Human Resources S.S. 1 0 G jobclasscat may transfer an employee from,�bm . I 14i 1 iri� ::t : another job classification Without examination under the following conditions: As: a, the duties and responsibilities of the position from which.the employeei -bei:nt.g transferred re within: the: occupational , area.:or :directly associated with the duties and responsibilities of: the position to . which the employee is being transferred.. ng�:� b. the employee must possess the minimum : qualifications for the job classlfication: to which the employee is: being'.transferred. C. the emy .plo ee must :serve.,the..probationary penod required, for the classification:: into which the employee is being transferred. d. an employee rejected during,, the, : probationary period or who resins during the probationary I period for other than diS, dplinary reasons shall have the right at that timeto be restored:to aposition in omvhich the the classification in the department rrtmentI employee was transferred. Thei.uman resources director, upon request will provide ca wriften,.justifition far invoking this section. 22.3 Transfer Poll y. Any employee or appointing authoritywho desires to initiate a,Iransfer, may inform the Director of Human Resources inwriting of such desire SEIU 535 SLS - 108 - 1999 - 2005 MOU: E0 7 , � � � � reasons: therefore. �� ito -. R-eso' shall if he t adequate and, that the trans er will be dor e gooC o the oUtItyservice and the parties involved, inform the appointing authority , or authorities + oncerne the employee of the proposalarid may tale the initiative in acconpihin the transfer. 22-1.4 31 mw:co! allot M Aim • acancles which Cho not Involve the SupervlSlon of Social aserork Seciaists, or are not covered b Sia n 38 4iopen b�l '..ernpioyees ov6 d' bey this a re+ rnent in accordance th provisions of Section - 06r.mOrice 8vaiu ton. Then an emp pyee couere h this a ree rent Is, tints t an out of ht ht to a position outside of phis arainin unit, but within the b r�tr ent, and such appointrnent is to heciC o an eglhe dist, the C parrnet shall e nest dot nty'Hum n resources to sche+duan examination for said classification except w ere extenuating circumstances exist. C. Social ai wok :supervisors it with Erneren-c response experience will be given ►rimary , consi�derWa JO in assigning sowtute supervisors to the lifer-hours rner ericn espoe 'rogram. All such Social Word Supervisors 11 will he given the tppc�r�unit annually to be placed on the subs#mute supervisor dist in ares to he eligible to receive SF--IU 535 SLS - 109 - 1999 2005 MMU ' amogen overtime pay for �t e� .after hour. Em CY ,.Response Pro..9T r . $15CTION� �g3 .- RE SIOGMATI .0i An employee's voluntary termination of service is a resignation. Written resignations i shall beJorwarde ii d to the authority �by the app intrig author :on appointing Human Resources.Department immediately on receipt, and shalt. indicate, the, effective date U 0 of to resignation shall., be Jrn rminaoon ural re.. igna J mediately co nr: m dby the appointing authority ority w icing ng to the employee and t the HumanResources Department and shat indicatethe effective date of termination. 23 Resi �n tio n Stand! g., Xtesignation:.1 g.. a . .vo d.. n 0 i giving the h6appointing authority w ,., least two .(2) ,ii�t written notice c .a t. I as weeks in ad Vance of the. .last date. 0 service f se, i e unless the appointing: puthorityrequires .a.longer. period. ,Uvto four (4) weeks, for a specific reason, or,consents to the employee's terminating on shorter notice isa resignation good standing, n 23.2 Const- Idiv IgnIo.. A constructive resIgnation. :occurs and iseffective when:l. a An employee has been Osent,from duty for five consecutiverki,ng a - wo days le.a,ve; and b. five (5) more ..consecutive, working,.. days have elapsed Wthout response by the employee after the SEW 535 SLS 1999 - 2005 MOU AW N PE O In�i , nOtt of re$ gh' t-1 n h the appointing ut ity to the ern loyee art � ernp oyee's last known dors, 3,3 � ��, ' ria i e igl~�afion effective d r r f� ftpon in. uthority , operetve either an that date car another t specified, 23.E e c i n. resign tier fl et is off ctiv is revocable only by mitten cc�ncur�ence of the employee and the: apalr'irtilg authority ;xcet that cre ruination rescinded in writing by the end of the workday fallowing the oral resignation will he accepted by the appc� ntirg authority. IIIPMiY�YIM 1411�Oro 2 1U l A." Til�ne flit. A resgntian which � erbploree lelive ccercc71 ► the appointing authority, may hO revoked within'sever 7 calendar days after its expression, by searing Vritten notice on the )jlh or of Human esources and a copy on the appointing authority. 13 .-I to ernent. f' the appointing' authc ri�ty, acknowledges that. tha employee +couldhere believed that the resigrhatfoh was coerced, it shall e rerroked" and the enplye Turned o duty affective on tie day folcrirtg the appointing authority's acknowid gment witl out lass of seniority , or pay. SEIU 05 II,.S - 111 . 1999 -2005 Mc)u OW TON C. oCntest:Unles. within seven 7) clays of the receipt �i e. :.appointing..: . : ,authority of the , notice, �th acknowledges that the resignation could have been believed to be coerced, this question shouid be appeal Board. In th handjed :as an a a to the Merit- M 6, e. cti �e alternative, the rn 1� y- may file a :wrftt n. ele. On,. po �e__ y with the Director fHI.jr,n.,.an resources waiving the employee's eight of appeal to the Merit Board in appeal: rights, under the favor, of:the employee's griev nce procedure contained inSection 5 Grievance Procedure.,o the OU begin ingwith . Step 1 D. Disposition. If a fina1 decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the t employ ee, returned to: duty effective on the day 1o.s--.%.:oUseniorityor follow- in the decision but without. . s h- ub � employee's pay, . s. ject, to .t.he, :. . , duty: tomitigate damages. SECTION 24 - Q1SMJ§SAL SU P ONA E D M. n . r Action.24.1 Suffloile. t. Oaause-�ifo The, appointing demote y,:e 0 authority,nlay.dismiss. .,sou.s ,..end� 6r employee for suspend, cause. The.' 1,16,wing are suffi tent causes for such action; the list. isindicative,rather than inclusiveof restrictions aid dismissal, suspension, or demotion may bebased on reasons other than those specifically mentioned: SEW 535 SLS - 112 - 1999 -2005MCSU DEE b + Without 'le Ve , ConVlctlon of any crrr anal act involving , moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly conduct, e. incompetence or inefficiency, f. insubordinationt being at work under the influence of liquor or drugs, arr in c nt t p eM qa rl 0r d�gs or consurn ng r usln Iiquor or do 9 duan word Fours and/or on + ount pr �is+es, h. neglect of duty, Le. nor -performance of assigned r+e poni flit es. L neggent or willful damage to public property or waste of public supplies or equipment, j, violation of ny;laful dr reasoie r+ uatior or drd+�r liven y supervisor or Ceprtrent led, k, willful rrit lationi of any: of the provisions of the merit ystern ordinance or 'ersonnel Management Regulations, SEW 536 SLS - 113 - 1999 -2006 MOU ............. S NO$11110 V &L it TION P.- f. material and intentional misre.presentation or concealment of any fact in connection with obtaining,,ernployment, 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 MOU 0. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness, sexual ::harass.mient including butnot limited to .:, unwelcome sexual..��advances, requests UesIsfor sexual: favors, and otherverbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect ofaffecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or and hosti e�: working creating an intimidating. 9 environment:. e, Of, :�Slk Re- M vt 1 Propos 24 2, s Not,ce ed Action y c n I ry (Skelly: Noti e) Se taking a discip ina action to dismiss, suspend for more than five (5) work days, (four (4) work days foremployees.:064/1wo0'� rk week), orAemote an : : e served, empi.oy.e.e.,,:the:appointing.�authority shall cause b to either personally or by certified mail on: the employee, a Notice of Proposed Action, which shall contain the following. 2005 OL SEW 635 SLS - 114 - 1999 11 a, sttatement of the act o prc p ►so - to taken. h. A copy of the charges; ncltdin the acts or Imissicns and grounds upon which the action is Kase . C. if it is claimed that the employee has violated a rule dr, €r ulatio of the County, de Par car district copy raf said rule shall inclu+ ed with the notice. d, kzstternen that the ernplcyeemy review and request copies cif materials upon which the pro osed action is based, e. A statement that the em z 10 hes seven (7 alendar days to respond to the appointing authority either �raly or in wrltin , ern t1 se,`` 'h n + ee upon whorb allotice of Proposed Action has been served shall have seven (7) calendar days to. respond t the 0 pointing. authority either orally car,Irl '�'r{tin befo re th proposed act on may be taken. U pon request of the ernpleyee and for go cause, the apoirting authority may extend in writing the period to re�pa►nd. f the employee's reponse is not filed rithin seven (7 days or any ectensron, the right to respond IS lost. 4. Lease le e � + nye. Fending response tc a l-1 ptice of proposed Action within the first sevem (�' days, the app p ntlp a�lthority for cause specified In writing1 "lay dace the employee cin temporary leave of absence, w�tl pay. SEIU 535 SLS - 115 - 1999 2005 OU � IO r : f usptencr hout pad shall not exceed thirty X30} dais unlessorderedby an arbitrator, an ad Ustn ent 'board or the l t t Beard. 24. Procedure on WSMISSa Su.S. Donslon or DecrAnrec►— er 11�1a p111w11iHl IYdnIMWnyIIYY•igr -ti MYr�yrn� In any disq-Tin y action tc c4 srnis 3 s . en air der�ate an rnploee having permanent status in a position in the merit system, after heving complied with the Shelly requirements, where applicable, the appointing authority shell make anorder in writing Meting specifically the causes f€ r the action. B. eryice of c ruler. Seid order of dismissal, suspension, or cerotiora shall be filed with the Director of luror� +eseurces, shorir ± by mem and the date a copy was;seared upon the employee to be dismissed, sus Derided or derrroted, either personally or` by certified veil to the am.0yee's lest lnown mailing aodress. l`hercter shell be effective either upon ►ersnal service or deposit in the U. . Postal service: , m to ee eels fro 3rder. `he employee rrtay appeal on order ofMIS' sal, suuspensien or demotion either to the Merit Board or through the p roved a res of fiction �. rie�rn ce 'roved u re of this provided that such appeal is filed in writing with the I Uman Res+nUrces Director within ten f %. calendar dais after serviceof said order. An employee may not troth appeal to the Ment SEW 535 SLS - 1 6 • 1999 -2005 MOU and fide grievance: under lection of this MOU. ! *S �, # his. ' bounty reogr�izes an ernpfoee's riga representation during any diSCip Ina y intervie or rx eeti g ��i� �y result in dicipline the dunty rrvill not interfere cif h the reor�esentative'S right to ass st an ernpfeyee to` clarify the facts wring t1h' interview. -0 Agrie 2541 DO" it any dispute which rnvolveS the rnterpretetron or application of any provision of however, those provisions of this M U which specifically provide that the deoiSion of any County official: : Shaff be final, the interpretation or ppicetion of those prevision not being Subeet tc tete grierance procedures he Union may represent the grievant at am Sege' o the nce rnuS be file within t i� days of the incident car occur ende about which the grievant cf it s to hive grievance and Shell be process+ in the fallowing manner: A. . Any employee or group of employees who behaves that a provision cif this NOV has been isir-terpreted or r t app le o his or her detriment shal discuss the complaint with the grievant's r rr ediate supervisor, wha sf all meet with the SEJU 636 SLS - 117 - 1999 -20051 MOU grievantWithin five days of receipt a' written request to hold such meeting. Be , f a grievance not satisfactorily resolved in Step 'I ab6ve, the grievant may submit the grievance in writing within den o vu+ rk days to such rnanacgernent ofcial a the De padrnent Head may designate. This formal written grievance shall Mate which provision of the M has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment and the redress the grievant seeks. copy o each written cernm ni ation on a grievance shall be filed With the Director of lurrran Resources, The leparrnert dead or his or her designee shell have ten (1,0):work days in which to respond to the grievance inwriting. :. teeD 3, if a gfievance is not sat sfactoriiy resolved in Step above, the grievant ma-y appeal in writing within ten rprk c ay to the luman Re, Director. The Duman l�asources irectdr or his or her tesignee shall have twrtyg rock days in which to investigate the merit o the oornplant rind tri rnaet with the }epartment'bead and the grievant and attempt to settle thegrievance and respond in writing. . toP 4. No grievance may be pressed onde�r this Section which has not first been: filed and investigated in accordance with Step 3 above and filed within ten 0) work days of the written SELU 535 SLS - 'r 18 - 1999 - 2005 M+QIJ } res ►r s� b the iurr��n esaurnes ir°ecter or des i ne , I the rties are reach rutuaatifctc acerd ann grievance Whidh a6sess and is presented during� term of this � , such grievance shell be submitted in ritirg toan dustren erdrrrised of three ; 3 hib representatives, no r c re than � ► { } of whomshall be either an em Ie)" t f the Count r or en +elected or a� € in ed ef�cial of the Unien resenting this rievane, and three 3) re rasenta Ives the aiunt , rna►re than �Q { f�r�� shalt either an empeee € f the Count 11 car a member of the staff of ars organization rnlced t represent the County in the meeting and conferring process. Whore the parties agree, the Adju to men hoard r ay be corn rise of two ) Union representatives and two ( ) County leresentatives Theustnentarsame t ithin twenty ( work days of receipt o the written regces and rerrer decision, lr the ognt fails t e t the tune unit s ►eci led in teD and the rievant de nor ds n ritir g that n ►d ustrnent Board be convened, the Count wi g convene an dustrnent hoard within ten g} work days or re�rance *11r::move to arbitration upon drnnd. This ste ►f the c rie�rance ►rocedure may be wet ed the written mutual agreement' o the parties. E. §tem, fan dust en heard is unable to arrive at a rnaorittt decis �an, either tate crievart or the County, may require that the grievance !be referred IVS36 sL,S - 119 • 1999 -2005 SOU .......... NC 'RP UR9P--: WPM q !!,A '9 e.d.. . pashati[b s gnated by to an,,impartial. ,arbitrator , mutual a.gree.Ment, between the gnevantand the Human resourcesdirector,..r Su,ch.,re request shall be submitted twenty (�O) w within twe ork :. days of the -1 -1-� �: , � rendering of theAd truant,13.0ardAectsion. Within : s days :arbitration twent work d y of, e.mqu -r a: est:for the, .p,ar.ti�e§ shall :2mu.t.uall} .,select an, arbitrator who shall render a decision within thirt ,(30) work days fromthedate of.final. ��s bmission. of the grievance - , , including receipt oUthe court reporter..: transcript s if an and .post earmg�.�bnef . y, The fees and expenses of the arbitrator and:. of,, the Court a11 be shared equally Reporter shad �! sih ,u Ilv bv the grievant , . c however, shall bear and the County, fah �:� 1: 41,� I party we .,the, costs of its ,Own prpsentation including . : preparation ,a�n...d:post:.:he ahearing briefs,. �-� � � � if any, 25.2 une ani it a toneci fans. ions of Ag1jus beards . A. De A ept..Boa and arbitrators on cis matters properlybefore them shall befinal and bindina onthe parties., .he reto to the extent permitted by law.' o B. No ��:adjustment, �nhoard and no, arbitrator shall entertain., hear,,decide or make recom mendations onany dispute unless such dispute involves a ,, :, position in a unit represented by the Uni n which has been certified as the recognized employee organization for such unit ,.iz and unless such dispute , .: fells vuithin the-deft grievance as.set forth inition ofa, in Subsection 25A ,above. SEW 535 SLS 120 - 1999 -200:5 MC U SECTION N A5 GREVANCE PROCEDURE Pr P06618 to add to or Change this MOU or o charge written agreementssupplementary 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 Human Resources s Director in pursuance of the procedures outlined in Subsection 25.1 . above, or the Adjustment Burd in pursuance of the provisions of Subsection 25.1 .13 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 lost time. B No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Boards or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the union or Association. 25.3 Time units. The time 'limits specified above may be waived by mutual agreement of the parties to the grievance. if the County fails to meet the time' limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time SEIU 535 SLS - 1'21 1999 - 2005 MOU LG T! iGrJr " i3Yf� 'f"tTtir + f/ limits Specified in Steps 1 through 5 above, the grievance wrll be deemed to have been settled and withdrawn. 25.4 Compellsatiorl „c. , rar. a„ t t . All complain'ts involving or concerning the payment of compensation Shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any ether matters of compensation are to be resolved in the meetinca and conferring process, if not detailed in the MOU. which results from Such meeting and conferring process is next opened for such discussion. No adjustment:shall be retroactive for more than .t o ( ) years from the date upon which the complaint was filed. No change in this MCU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder ill be regognized unless agreed to by the County and the Union. 25.5 Stri el'illfark Steppage. wring the terra of this MOU, the Union, its membersand re presentatives, agree that it and they will net engage in autho ire, Sanction, or support any Strike,; slowdown, ;Stoppage of work, sickout, or refuse to perform customary duties. In the case of a legally declared lawful strike against a private or public Sector employer rich has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in dander of physical harm shall not be required to cross the picket line, provided the SEW 535 SLS - 122 - 1999 -2005�MOU SECTION ZS y OR E'1/AI!VMPROCEDURE employee advises his or her supervisor as scion as possible, and provided further that an employee may he required to cross a Oick-et lire where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or,aggravate a danger to public health or safety . 25.6 Merlt Beard: A. All grievances of employees in representation units represented by the pinion shall be processed under Section 5 unless the employee elects to appy to the Merit ward on matters within its jurisdiction. B leo action under paragraph C, C} and E o subsection 25.1 above shall be taken if action on the complaint or grievance has been taken'by the; Merit Beard, or if the complaint or grievance is pending before the Merit Board 25.7 FiIina by Union. The Union may file a grievance at Beep 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision 'of this MOU. .8 Uolon Nofiftation. An official With whom a formal grievance is filed by a grie�rant who is included in a unit represented by the Union in the grievance, shall give the Union a copy of the grievance. SEW 535 SLS - 123 - 1999 - 2005 MOU .......... .................. ........... .......... .............. ............. SECTION.26 . pIIALP Y Tlo Q 2 MINQUA� PIROVII I N§ . A salary differential of seventy.dollars ($70per month shah. be paid incumbents of positions requiring bilingual 0 .,.,a. y� proficiency. asdesignated by4he :app appointing uthoritand, Director of Human Resources. Said differential shall I Dim prorated for employees working less than full time andlor who are on an unpaid leave of absence for:a. portion of any given month. Designation of positions for which bilingual. proficiency is required is the:sole:prerogative of the County. Effective October. 1 .2000 the current program differential shall,be increased to a,total of:seventy five:dollars ($75) per month. Effective October 1 , 2001 , the differential shall be � increased to a total ofeighty dollars ($80) per month. SECTION 27 - R TtREM91NIT CO TF BUTTm 27.1 1bU ffo,n. Pursuant to . Government Code County will continue to,pa A percent Section 31581 .1 , the contin RY: Of {50% jo. required, of the retirement contribut' ns normally . employees. Such payments shall continue for the duration of this MOU,, and shall terminate thereafter. Employees shall beresponsible for paymentof the:employe es contribution for the retirement cost of, living program as,determined. by th& Board of Retirement of the Contra. Costa County: Employees Retirement Association without the County paymg .any part of the employees share. The County will pay the remaining one - -half (1/2) of the retirement cost of-living program contribution. SEW 535 SLS - 124 - 1999 - 2005 MOO .................... SECTION 27- RETIREMENT CONTRIBU77ON 271*2 TWE 111 ReftmeM P' O. Subject to the enactment Of enabling legislation arnen+ ir�g the ` Employees' Retirement Act to 9110W such election, the County will permit certain Tier 11 employees to elect a Tier III Retirement Plan under the following conditions 1 . The County and the tabor, Coalition must agree on the wording of the legislation and bath parties roust support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier 111, from and after the date of implementation, shall be the same as Tier 1. The disability benefits for Tier 111 shall be the same as the current Tier 11 disability provisions; 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees representedby the Labor Coalition and its member employee organizations (herein referred to as labor Coalition), enrolled in Tier 11 .who have attained' five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election>> of the Tier Ill Retirement Plan expressed herein subject to action by the Board of SEW 535 SLS - 125 - 1999 - 2005 MOU' ...................... ............. ................ ..................................... .......... ........... ................. SECVPN,,97.!!:RE7MR":T,.PpolMO77PN: Supervisors to implement the Plan. Thereafter:, .em: lovees represented by the Labor Coalition on enrolled in Tier 11 who have attained: five. yea. (5) of retirement credited service shall havea ninety (90) day period to make a one time irrevocable. election of the Tier III Retirement Plan expressed herein. 5. a. The County's employer contributions and subvention of employee contributions for Labor 'Coalition 9 employees electing Tier III which.. - exceed those wh.ich, would, :be required for Tier 1.1 membership shall: 1 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 three (3) million dollars per year, and thegenera wage increase of all employees represented by the Labor Coalition shall be reducedaccordingly, and.. 2. in the event the County s, costs attributable to the creation and operation of Tier. 11.1 exceed three (3), million dollars per year or the County Employee's Retirement Association's actuaries determine in future years that the County's retirement costs have increased 2005-MOU - 126 - 1999 SEW 535 SLS and that the increase 1S 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 wage increase(s) 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 3. in the event the County's costs attributable to the TierI II Retirement Plan are less than three (3) million dollars per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month'of the past ;year and so forth; and 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of 'Tier III, and SEW 535 SLS - 127 - 1999 -200511 oU .......... ........... ........... ............... ......................... ................. ........................... ....... ..... ......... SECP227 REE!!2!E�TPONT"VE2� 5. 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 Wil.] report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan and d) the ending account balance. b'. Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage:increases otherwi..,YU due to the employees represented by the Labor Coalition., c. Subject to the provisions expressed above, any and all additional employer and County- paid employee contributions which exceed the sum 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. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition car the County. 2005 MOU SEW 535 SLS - 128 - 1999 . a. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of ..Supervisors. b. Board of Supervisor's action to implement the Tier III Retirement Plan shall be taken not earlier than seven ) months after the effective date of the legislation plus thirty (80) days after an actuarial report on the County cost of the Plan is received by the County, provided 7that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (I%) wage increase shall be implemented by the County effective October 1 , 1907, without interest, in lieu of implementation of the Tier III Retirement Plan. 7. The establishment of the Tier III Retirement Plan pursuant to the terms' of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Centra Costa County Employee's Retirement Association 8 In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier'' Ill Retirement Plan shall expire anal a one percent 1°In lump sum wage increase shall be implemented by the County within sixty (80) days SEW 535 SLS _ 129 - '1999 . 2005 MOu' ........................ ......... ................ SECT#t N 28- TRA#"q R after the determination that Tier A I I cannot be implemented or as soon thereafteras practicable for the period covering October 11 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated: 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 benefits as folJows: 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 (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3. Employee buys back six (6) years., County will buy back three (3) years for a total of nine (9) years ofbuyback. B T SECTION 28-TRAINING R IM U Ell The Department of Employment & Human Services shall establish an annually renewable, training reimbursement fund in the amount of $5,000 for the exclusive purpose of reimbursing employees covered by this agreement for the 1999 -2005 MOU SEW 535 SLS - 130 - SECTION 29 - MILEAGE cost of tuition, fees, books, and other a ployee expenses incurred in the pursuit of work related education, continuing education, or work related graduate degree. Said fund shall replace the career development training reimbursement described in the County Administrative Bulletin on Training. Reimbursement under said fund will be limited to six hundred fife dollars 50) per year. When authorized as operationally beneficial to the Department, up to fifty collars 5 ) of the training reimbursement fund per calendar year per, employee may be used toward conference attendance or related materialsnot covered in the Professional Development Allowance in Section 52.d. Reimbursement under the ,above limits for the cast of books for career development shall be allowable. � E 29.1 Reimbursement Fate. The mileage allowance for use of personal vehicles on County business shall be paid' according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month`` following announcement of the changed rata by the Internal Revenue' Service, whichever is later. 29.2 Fe „glations. The County Administrator shad promulgate regulations coverings these matters and the submission of account claims' to the Auditor Controller. SEIV 535 SLS - 131 - 1999 -2005 MOU' .......... . .......... ............... ........... ............................. SECT/CEN V -,.PPNWVATORSHIP DIFFERENTIAL 9- 19119h! '",- RESPITE .EAVE -y T - All employees represented by .Local. .535:shall:be,gr. nted ten (10). days respite .leave without. pay per �fiscal year. 8U ch leave shall be taken in incrementsof lo1 )cine ( full day height A I (8), hours) and shall be requested, in writing. Conflicting requests for respite leave sha.11 be resolved bthe Department Head or designee with preference given to employees.,according to their seniority in thedepartment,. as, reasonablybalance as possible. Any b anc in the ten: (1:0) :days respite leavewhich remains at the and of the,fiscal year sa h I notbe carded over into the nextfiscal year. SECTION 31 - CONSERVATORSHIP DIFFERENTIAL The County will continue to pay a conservatorship differential to any employee covered by this agreementwhosuperV ises- one or more employees receiving such a conservatorship differential. W EMLo' OTICE OF Ng.. :e SECTION �N 32 The County agrees to periodically mail to Social Services. Union, Local 535 a list of names, classifications, and the designation of permanent employment category, of new employees appointed to classifications represented by Local 535. Said periodic list ill be mailed within forty4ive (45) days of the end of each month. SEILI 535 SLS - 132 - 1999 - 2005 MOU SECt"C 33 PERSONNEL FILES Slot 33'w 1011 IF LE A Department shall maintain only one official personnel fila 33.'1 ,IngRection. Each employee, or an employee's representative so designated by written authorization of the employee, shell have the right to inspect and review the employee's personnel file upo n request at reasonable tunes and fir r reasonable perfods during the regular business hours of the County. 3.2 r R i, .. ` uel a urn nfie ien in the personnel file relating t the investigationof-a passible criminal offense, medical records which contain a physician's admc nition that the employee not see such records, and information or letters of reference shall be specifically excluded from such inspection and review. 33.3 R41132VORI and: l e ease of Ma#erla . Pre employment reference material shad be removed from the personnel file after erre ('1 ) year of continuous employment' with the County. !Medical records may be released to qualified medical authorities upon execution of a written release by the employee and with the concurrence of the County's medical authorities. 33.4 o An request copies of other material contained in the personnel file. The employer shall bear the cost of the reproduction of copies. SEW 535 SLS - 133 - 1999 2005 MOU SECTION 33 PERSONIUEL R46� A. The County shall.,�provide the employeewith,100 of all performance evaluation reports and letters of reprimand or ..w..warning g or :other negative ga ive m aterial prior to the placement of such documents in the employee's d,e.part.m�.ental .personnel,.,file. B. A counseling, memo placed in an : employee's departmental.Pers nnel file cis not referenced, Q ilia rwhi- h in the employee's subsequentperformance , n evaluation shall be removed from the.employee 5 departmental personnel file upon the written request of the employee. If an. employee is not, evaluated whenanannual performance is ,due the r , employee may request., through the. .,Department� Personnel Officer thatperformance.evaluation,.,' completed. If an employee has nothi ad- a performance evaluation ..within eighteen: (18) months subsequent to a counseling memo being placedin the employees department'.personnel file r.o. the counselingMemo shall be removed J om the employee's.,personnel file,, provided that,:there has, not been a subsequent counseling memo on, the, same subject in that period of time. C. Upon written request of the employee. copes cif letters of reprimand or warning, shall he ,Sent to the Union. 33.5 Employee Rv....o.,D.s ,,--12e.Count shall, afford the, - ThY employee the opportunityto respond in writing, to, any information contained in their personnel.file.. Such response shall be included in the employees personnel file. SEW 535 SLS - 134 - 1999 -2005 MOU .............. SEgILI o ;Ili coUNVIIE! whenever an employee's fob performance and/or conduct becomes less than satisfactory, counseling shall he provided by the employee's supervisor. Such counseling shall specifically Mate the unsatisfactory nature of the employee's performance and/or conduct and specific ways in which the er�npleyee can bring such performance and/or conduct up to the satisfactory level. Said counseling shall be provided as soon as passible after the occurrence of the less than satisfactory performance and/or conduct. leo adverse action shall be taken by 'the County against any employee unless suchcounseling has been provided and time for irnprovernent has been given. The L Lemployee's supervisor shall prepare written documentation of such CounselingL and provide 7a copy of the d rcurnentation to the employee. The foregoing shall not apply to probationary employees or in these cases where imrnedfate disciplinary action is necessarwy if, after such a counseling session has occurred between a supervisor Land employee,L the employee requests of the Department Personnel Officer a meeting with a Steward/Officer of the union and department representatives, such a me ting shad be held. This meeting shallbe held within fifteen (15) working days. SEW 535 SLS - 135 - 1999 - 2005 MOU ................... ........... ........................... ..........- ................. . .......... ..... 35 EVAL UA TION SECTION 35 - PERFORMAN... E E :1-VA---VA. wl.- ON 35.1 Pur case. The purpose of performance evaluation: for an, employee is to measure, the employee's performance against the job,specifications andperformance 2 requ irements of the position: that theincumbent is filling.. It artswe,Mthe questions, of, how well anemployee;:iJs doing, in meeting the department'sperformancestandards..for this job. it satisfies a basic requirement for the employee: toknow where he Ish stands with the organization in regard to his/her performance. It delineates areas of strengths and weaknesses. Where performanceis below .standard, it suggests possible ways of making. improvement.. 35.2 Probat,lonam , Period. Curing the probationary period, the performance evaluation is used as the last phase of an individual's examination, orocess, :Probationary employees receive a preliminary evaluation atthe: end of three (3) months, and a final evaluation after their fifth (5th.) month of probation. An overall rating of STANDARD must be received on the final probationary evaluation in: order for the employee to achieve permanent status. 35.3 Annual Evalgaffon. Once an employee achieves permanent status, the,employee's performance ance is evaluated at least once a year. AMitionatevaluations may , bemade between these required evaluations as necessary. Evaluatiom will also be made when: an employee or supervisor terminates,: or when an employee or supervisor is: reassigned to another unitand morethan three (3) months have elapsed since the last written evaluation. SEW 535 SLS - 136 - 1999 -2045 MOU: SECTION 35 - POPPORWMqF EVALUATION e"low., tg2 j art t vairua it►r� I the evert permanent employee recelves an overaltz rating of FLOW STANDARD, such employee must be reevaluated within three (3) months following the date of the report. If the employee shows no significant improvement at the end of this peniod, a recommendation for dernot on or dismissal will be made, however, if at the end of three ( months, there has been improvement but the employee's performance is still not ata STANDARD lev 1, the employee may be given two ( ) additional three-month periods to meet the standards if the supervisor agrees' these standards will be reached during this period. The word performance of each employee is to be rated on all of the rating factors err the appropriate form. Each of these factors hes been found to be of critical importance in determining successful job performance for employees:` Individual rating ` factors and overall ratings of BELOW STANDARD mast be substantiated in the Comments section, as well as suggestions or puns for improved per°forrance in those areas. If some significant aspect of performance is above the level indicated by the factor rating, this may he painted out by a statement in the Comments section to the employee. 3505 Dilscuss1onr With Emg1loyee. The Rater will discuss the report with the employee and provide the employee with a copy at that time if the employee wishes to discuss the report with the Reviewer. In signing the report,, SEW 535 SLS - 137 - 1999 - 2005 MOU ....... ............... ........... .............. ............... .......... .................... ........ SECEI 35- the employee is merely acknowledging having seen the report, it does not indicate agreement.. 35.6 !2wfjn1t1ons,:ofRatiza s,.. A,factor rating of.ABOVE STANDARD means that this pari.,of theemployee'S work performance. is consistently beyond the:],evel, expectedof a competent worker in the position. An overallratingof STANDARD means:thatthe employee!s work performance is ,, accepta. ble andwill result., where pertinent, in receipt of salary increment, promotion, or permanent status. A factor rating of BELOW STANDARD means that this part of the employee's work performance isfreqU ently below the levelof a competent worker in the positionand:.that effort should be, made to Jmprove. An overall rating of BELOW STANDARD means the employee's work performa c n e, is inadequate and may result in the loss or delay of the salary increment, demotion, dismissalor rejection, on probation. 357 APP ro 0ureilfanemplcyeebele-veshis/her d :�Rater. f rating is improper, he/she should discuss it W'th the still not satisfied, the employee should sign the report and place an "X," in the space provided by his/her signature.:to. indicate he/she wishes to discuss the report FrithFriththe e Reviewer (the Social Service Division �Manag r Within five (5) calendar days after being given a copy of the Report of Performance Evaluatio.nV an employee who wisheS consideration in addition to the Bator's evaluation should preparea written statementto: the Reviewer asfoltows.4. 1 Identify the report by stating the dateof the report,' the name: of the Rater, and the date the report was received; 2) Speci y 2005 MOU SEIU 535 SLS 13& 1999 SEC36 SAFE'L'Y PROGRAM the ratings or comments which hie/she believes are incorrect and should be changed, ) Give facts substantiating the requested changes to these ratings or comments, 4) beep a copy of the written request and send the original to the Reviewer. Upon receiving the written statement, the Reviewer will have five ( ) calendar days to meet with the employee to consider the employee's comments and to respond in writing. The Reviewer's response shall be given to the employee. A copy of the Reviewees response along with the employee's written statement shall be attached to the Report of Performance Evaluation. Failure to allow. the foregoing procedure is subject to the grievance procedure. However, disputes over the actual content or ratings themselves in individual evaluations 'are not grievable. SECTi 36 - SAFETY PRotaR�M Health and safety standards shall be maintained in all County facilities to a maximum degree consistent with the conduct of efficient operations. The Department of Employment & 'Human Services shall operate a department-wide employe: health and safety program. This program shall consist of: a. A central department Safety Committee comprised of one 1 ) member appointed byLocal 535 from each major building location, one ( ) management employee who shad be the Building Manager for that location and other employee organization SOU 535 SLS - 139 - 1999 - 2005 MOU` ............:............. ........ ........... WPPM 37- K�'IBLE STA f2n representatives,, : and the, Department Personnel : Officer, or designee. TheDepartmentPersonnel , Officer, or desi nee will serve as:chairpersom The: committee shall, meet every six (6) weeks. b. All Committee members will receive training., on: a) accident/injury reporting procedures', b) accident/injury investigation andprevention, c) safety awareness, end: d): procedures bywhi- ch safety concerns are handled. b. The committee shall consider items and information raised by: its members related to the departmerft health and safety p170 gram. Committ recommendations shall be reported to and reviewed by the Department Head who shall respond in writing to all recommendations. FL X Sec!104,37 E—MILESTAFFIN. 37.1 Deslanation. Certain positions may be designated by the Human Resources Director as flexibly staffed positions. Positions are generally a1located at the first level of the fob 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 andhas met , appropriate competitive requirements he/shemay then be promoted to the next higher classification within the job series without need of a classification study. SEW 535 SLS - 140 - 1999 - 2003 MOU Wfii-MPi�W+.iY.WiiYr�MiiwbYl MiY—ice.-�/Y1 � iY i1M �ii The follow'rng fob classifications are flexibly Staffed. None. open examinations at either level in the above mentioned classifications shell be administered upon the request of the Department Head and approval of the Director of Hunan Resources. 37.2 Con in ous 1-ei or Flexibly--,�3taftd Classes. Employees in a flexible staffed job series whichhave been determined by the Director of Human Resources as appropriate for continuous testing may apply for promotion to the next higher classification level as follows. Applicants must file the regular Hurnan resources Department Application for Examination Form and where applicable, the appropriate supplemental questionnaire with the Human resources Department. The first Friday in each month is the filing deadline for any candidate who meets the minimum qualifications at any time during that month. The nerves of accepted applicants will be placed on the 'eligible list by the first working day of the following month. Employees who file applications must notify their supervisor and their departmental personnel officer. clothing contained in this section shall be construed as making a' promotion automatic or automatically effective on the fust of the month following the filing of an application. It is the responsibility of the Department that wishes to promote employees in flexibly staffed positions to submit a personnel request (certification request) prior to the first day of the month in which they wish to promote the employee. Personnel requests for promotion of employees to become effective on the fiat of the month must be in the Human resources Department by the last SEMI' 535 SLS' - 141 1999 - 2005 MOLT' ...................... ............................................... SECTION 38 - STAFFING A4PPA.T(0MSAND REASSIGNMENTS working day of the prior month. It isthe employees responsibility to submit applications for promotion sufficiently inadvanceto assure receipt in the Human Resources Department by the first Friday of the month in which they become eligible for promotion. If an error occurs in the Human Resources Department which causes a delav in theprocessing ,of an .,application said error shall be corrected and the employee shall be placed on the eligible list retroactively to the first of the: month following, his/her eligibility. If an operating department verifies in writing the intent to promote an employee on the firstof the month fol.lowin.9 eligibility, said appointment shall be made: e to the -first of the month following his/her eligibility. S !G ALLOC 11ONS AN ECTION 38 STAFFN RE&SSIGNMeNTS distribution On the basis of the Department's staffing, dis review, : the. Department may consider reassignment of staff representedby this agreement. The following procedure shall be used: a. Internal moves withinthe Division may be made at the discretion of the.Assistant Director within twenty (20) working days . following publication of staff allocations. SEW 535 SLS - 142 - 1999 - 2005 MOO Autor� ed staffing bevels shall be determined as needed by the Department. Vacant authorized positions shall be bid to the appropriateclass in all offices for athree-qday period and, as provided below, ma be certed simultaneously from the appropriate Eligible List, or filled as otherwise provided in the MO or County Regulations. V�lhere` there are at least five (5) bid: responses for a Social :Work Supervisor It position, or four 4) bid responses for a Social Work Supervisor I or other remaining classes within the representation Unit, the Department shall only interview and''select from those respondents.' There there are less than the minimum bid respondents at any point in the bid process, the Department may cert from the appropriate eligible list or fill as 'otherwise provided in the MOU or County regulations, provided, however, that all bid respondents will be interviewed........ Authorized vacancies resulting from the bid process may automatically be certed from an appropriate eligible list. In the event of.workload imbalance, upon mutual agreement between the Union and 'Department, bids may be limited so specific'Division(s) to correct said imbalance. C. Employees responding to bids shall complete Department Reassignment Request Forms and submit these to the Department personnel Unit. Such Reassignment Request Forms must be received by 5:00 p.m. on the day the bid closes. SEW 535 sus 143 1999 - 2005 MOU' .......... ............ ....... ........... ............... .... _:SrA q V SEC, 7�7E A.- d- If there are less than: five,(5) responses to,, a posted, bid notice and the Department is not able to otherwise fill the position, the Department may consider the bid responses and/or consider reassignment of.one (1 of the three (3) least senior employees within the. .,classification, within two (2) weeks of the closin9 of the. bid. If there.:are only .1 : two (2.) .,bidders, the, two (2) bidden willbe considered for reass gnment along with the least senior employee, if there is only one (1) bidder, that bidder will be, considered for reassignment along with the two (2) leastsenior employees:,, e. If a vacancy occurs in the same class,, and in the same division from whichan employee was involuntarily reassigned, the. Department shall offer the position to the,employee who: was involuntarily reassianed.... If the employee declines the offer, or voluntarily transfers, after such involuntary reassignment, helshe,will not be considered for any future vacancies in that, Qivision except asprovided for in 38,.b. above. f. Positions flagged asneeding a language skill or special qualifications shall be identified on bids. Only employees having,such, skill, or meeting such ,,�:, qualifications shall be accept for bidinterview or for mandatory reassignments as provided in this section. 9. Specialty funded assignments, assignments of limited duration (less than six (6) months), special SEW 535 SLS 144 -- 1999 - 2005 MOU .......... 38 STAMMALLOCAT101'.. '. iAN0,R-SASS1 TS Clrcurnstances !�Ic generally 1N 111 be t"lan six ( ) months) or requiring special skills, and asslgnrnents rncde due t0 reorganization, shall not be subject to procedures in this section. The Department is not limited in its description of the spacial circumstances described in this section which may necessitate a specific reassignment of employees. h. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement Deeded Review status shall not be reassigned. If one ( ) of'the'least senior persons in the class , is on Improvement Needed or on Probation, a total of three (8) eligible least senior persons in the class will be considered for reassignment, unless the bid is limited to a specific Division in accordance with 38 1b. herein, in which case the three (3) least senior persons in that specific Division will be considered for reassignment. L The Department's selection decision in accordance wiffi the procedures outlined in this section are not subject to the Grievance Procedure contained in lection 25 herein. SEIu 535 SLS - 145 - 1999 . 2005 M+t)U SECTIONS - R�IMBURENT FCR Mt XENSES Employees shall be reimbursed for mei eerses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend 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 ass gnr en , C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of aboard 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, o 'icial 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 Administrative Bulletin on expense reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (2 ) hour institutions. SEIU 535 SLS - 146- 1999 -200&MOU SECTION 40 -PERSONAL PROPtRIY REIMBURSSWENT Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. E I - PERSONAL PROPERTY R MYT The loss or damage to personal property of employees is subject to reimbursement under the following 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 weer and teen of personal property used an the job is not t compensated C. Employee tools or equipment provided without the express approval of the departmenthead and automobiles are excluded from reimbursement, d. The loss or.darnage 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. SEW 635 sus - 147 - 1999 - 2005 MOu ..... ......................... ........... ........... ............... ............................ SECIM41 - LENGTH SIF W %CO#--DEFMTION(for sewice awards and vacadon accruals) f. The personal Property was necessa,ri.1 y worn, or carried by the e-m: Ioye in toadequately Ute y fulfill the duties and requirements of the job. 9. The loss or damage to employees eyeglasses, dentures, orotherPrOsthetic devices did .not OcOur - .�:. simultaneously with a job connectedln"uryjbove fed by workers' compensation. h. The amount of re:imbursement,shallbe limited to.. the actual cost to repair damages. Reimbursement for items damaged: beyond. repair shall belimited to: the actual value of the item at the time of loss or damage but, not morethan the original cost. 1. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or DamagatoPersona] Property. DEPINITIO SECTION 41 - LENGTH OF N: SERVICE service awards and vasgo;n acc The length of service credits of 'eachemployee 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 SEIU 535 SLS - 148 - 1999 - 2005 MOU .......... ................... WTION 42 $ERWCE AWARDS post torn. � c�a►+d' sttandlrlg� and w�thi two { � years IS reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shah not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his/her department. SECTION Q - SERVICE DS The County shallcontinue its present policy with respect to service awards including time off; provided, however, that'the type of ward given shall be at the sore discretion of the county. The following procedures shall apply with respect to service awards: Presentation Before the Board of SUVervisors. An employee With twenty 20) or more years of service may go before the Board of zSupervisors to receive his/her Service Award. When: requested by a department, the Human Resources Department will snake arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. Service Award Day tiff. Employees with fifteen (15) or more years of service are entitled to take the day off with pay at each five (5) year anniversary. SEIu 535 Sys . 149 . 1999 -2005 MOU SET }N - PEItIA1ET PAST-TELPE SOEFIT Permanent part-time employees receive prorated vacation and sick leave benefits. They ar-e eligible fir health, dental and life insurance benefits at corresponding pre- miurn rates providing they work at least fifty percent (5-0% of full time, if the employee works at least fifty percent 50%) of full time, County retirement participation is also included. SECTION 44 - PERMANIENIANTERMITTENT EM.PLQY E SEMI EITS Pe manent-int rmihent employees are eligible for prorated vacation and sick leave benefits. SECTION 45 - PEII�IIANENT-ihITLIIITTNT HEALTI- PL,AN 45.1 A permanent-intermittent employee may participate in the County GroupHealth Plan Program wholly at the employee`s expense. The employee will a rspansible for paying the monthly premium eppropriateiy and punctual y Failure to meet the premium deadline will mean automatic ILL- and immediate withdrawal from the County Croup l- ealth Plan and reinstatement may only be effectuated during the annual open enrollment period. SEW 535 SLS - 150 1999::-2005 MOU S"OcTION 45-PERW iON7�WtAWT ENT HEALTH PLAN 45.2 Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCH ' Plan A-2 a the subvention rate of sixty-four percent (6 %) of the cost of the premium for a single individual, to those permanent-intermittent employees who meet and maintain eligibility. b. Elie i ►ilit Initial eligibility shah be achieved when an employee has worked three (3) Continuous months of service at an average of fifty percent (50%) time per month. In order to maintain eligibility, ° a permanent-intermittent employee must remain in paid status during each successive month. C. Pre-Pay. Employees who have achieved eligibility under the terms of 45.2b will pre-pay the employee's portion of the premium cost so that the effective data 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 and who have been voluntarily paying for a county group health program shall he allowed to enrollin CCHP Plan A-2 without a waiting period. SEI'U 535 SLS - ' 51 - 1999 2005 MOU ............ ...........- SEC TION.,45.- PPRWMEN ��TT;WT�rrro _,4�M P -AIN d. Family Coverage. Employees may elect to purchase at their own, expense family coverage including domestic partner, and shall follow: the procedures outlined in c,. above for pa yment for this, optional coverage. e. lm.glementgtion. There, shall be a,.s.ixty (60) day - Open Enrollment period with, the initial date of coverage effective August 1, 2000. Subsequent. Open Enrollment periods shall. :be, for thirty (30) days and coincide with theopenenrollment period- for County employees beginning in 2001 . Permanent-intermittentemploye es 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 to elect, coveraae under this program. i f. Employees who are temporanly ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the. Contra Costa County Health Plan. Nothing in Section 45.2 shall, prevent an employee from electing healthooverage under either Section 45.1 or Section 45.2 SEW 535 SILS - 152 - 1999 - 2005 MSU SLCTION 46 • PR'0WtIdI AL fN1PL0YEE BENEFITS Ec `IN - P IONAL RFINIEFITS Provisional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for Vacation and Sick leave benefits. Said provisional employees may participate in the County Group Health Plan Program wholly at the employee's expense. The county will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan Program and reinstatement may only be effectuated during the annual open enrollment period. cT101 4 - Vt IE N FIC TIONAND DEFENSE CO.UNI* EMPLQ E The County shall defend and indemnify an employee against any claim or action against the employee on account of an act Or omission in the scope ofthe employee's employment with the County in accordance with and Subject to, the provisions of California Government Code Sections 825 et seq and gb et Seq. SEW 535 SLS - 153 - 1999 - 2005 MOU ............ .......... ................. SACT70 48=ltt #F# A '1+ ' SECTION 48 �..MIODI10 CiFE 11FIAC ATIRK -- - For the duration of this MOU the following amendments to Board Resolution: 81/1165.shal[apply: Section .34-12,008, - Unit., determination, (ashall bemodified inthe first paragraph. to delete the ten (10), percent requirement for an employeinterveninge organizationAn.the unit determination process, and substitute there.fo re a thirty. (30) percent requirement. Section 34-1,2.013 - Election Pror, -.dU. -Aio re (b).:sball be modified in . the first paragraph to delete the ten. (1(3} percent requirement for any recognized employee org. anization(s) .to appear on the ballot and substitute therefore a thirty (30) percent requirement. Modification Section. 34 12.016 - Modifin of Reoresentot on Units words shall be modified in the first sentence,bya- ding to the effect of "most recent" to the date of determination. This section shall be modified in thesecond sentence to:requIre that petitionsfor modification of a representation unit:be filed duringapenod of not more then one hundred and fifty ('160) days nor less than one hundred and twenty (1,20) day&prior to the expirationof the MOU in effect. The4ast sentence: of this section shall be modified so that modification of a representation unit shall not negate the term of an existing MOU between the County and the recognized employee organization of the unit prior to the modification proceedings. Section 34-12.018 Decertification Procedure shall be modified in the first sentence by adding words to the effect of SEIU 535 SLS - 154 - 1999 -2005 MOU SECTI MT ODACA "most recent" to the date of formal recognition and by reouirng the ;petition be submitted during o period of not more than one hundred and fifty (150) days, nor less than one hundred and twenty (120) days prior to the expiration of the IVIOU in effect, ECTION 49 - UNFAIR LA oC�i P1�AC7"I � 49.1 FilIng. Either the County or the Union may file an unfair labor practice as defined in Board of Supervisors' 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 mPart`al third party. 49.2 unfair Labor Practice - County. It is an unfair labor practice for the County o: a. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. dominate or interfere with the formation of any employee organization or interfere with selection of a majority representative; C. contribute financial support to any employee organization; or SEW 535 SLS - 155 1999'- 2005 MOU SET1C?1V 48 - l�+4Op � ERTl1�JCAt11V d. refuse to meet and confer in goad faith with representatives of formally organized employee organizations on matters within the scope of representation), or to refuse to consult with informally recognized employee organizations on matters within the scope of representation. 49.3 Unfair abor reef ce Anion. It is an unfair labs r practice for the 'Union or their representatives or members to: a. interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this division; b. coerce, attempt to coerce or, discipfiflei any member of an ;,organization so as to hinder or Impede the performance of his/her duties; C. discriminate against any employee with regard to the termsor conditions of membership because of race, color, creed, sex or national origin; d. refuse to consult, or meet and confer in good faith, with management representatives on matters within the scope of representation; or e. initiate, engage in, cause, instigate, encourage or condone a work stoppage of any kind or other disruptive activities which are detrimental to the conduct of county business and services SEW 535 SLS - 156 - 1999 2005 MOO 5 CT1t IV W.- DEPENDENT CARE � !' NVVN � A. De ndent Care Inorlation & Referral Service, The County will administer an "Information &. Referral Servicer through the entre Costa Gild Care Council for the duration of this M U. E. Dependent Care SgIM Contribution. Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to $5,00 each calendar yearfrom their salaries far approved dependent Icare; only eligible employees may contribute for such expenses; there is no County contribution' for dependent care. Reimbursements are made on a monthly basis subject to submission of iterrmized statements, adequate accumulation of the salary contribution, proof of payment, and applicable County administrative procedures, SE 101 A PECIAL 51.1 Task F2rce. The Department of Employment +& Human Services and representatives from SEW Local 535 Service Line Supervisors will form a Task Force consisting of four (4) representatives from each party to review the: amount and nature of work of Service Line Supervisors. The Task Force will snake -recommendations concerning: streamlining functions and/or ,processes, and establishing priorities for the purpose of addressing workload. The Task SEW 535 SI_5 - 157 - 1999 - 2005 Mou ...... ...... .......... ............... ........ ... . ....... .... ....... days the a. Force will begin no later.than 00 60 after y esig signing of new MOUS, and will endeavor to complete its recommendations by the end of September 1 X92. 51.2 Differentials.i, The,County and, the,Labor Coalition agree to establish .. ,a. Labort anagement. Committee comprised of five (5) Labor and five (5) Management employees to study and recommend, actions necessary to, tl standardize payment and 0 PlicaionofWe ., , . di rentials including, but not limited to, proration forlessthan full-time employees.- the length of payment whiIe on paid sick leave or disability, and consistency betwee n percent-based vs flat- payment differentials. 51.3 Grievance Procedure. Representatives of the County shall meet and confer with representatives of the Labor Coalition in order, to develop rules and guidelines governing the conduct and administration of, Adjustment Boards. 51.4 Ergonomics. No later than May 15, 2000, the County will submit for Coalition - input revisions to Administrative Bulletin No., 426. dated April 17, 1090, and. an Ergonomic Fild� G id I a:foal Of finalizatiOn:by June��O e guide, with 2000. - SP E E N FITS SECTION 5-Z. SPECIAL �SE Social Services FirstLine Supervisors represented by Social Services Union, Local: 535 are: eligible, to receivethe following:: benefits:. SEW 535 SLS - 158 - 1999 -2005 IVIOU SEC77ON 52- SPEML BENEFITS a. Life lnsurance, Effective Januar oo01 $45,000 group Term Life Insurance will be provided. Premiums for this insurance wilt be paid by the County with conditions of eligibility to be reviewed annually. b. LTD. Long-Term Disability Insurance will be provided, with a replacement limit of eighty-five percent (85%) of total monthly base earnings reduced by any deductible benefits. The premium for this Long-Term Disability Insurance will be paid by the County, C. Vacation Buy Back. A vacation BUV Bach plan will be provided for reimbursement for up to one-third (1/3) of an employes annual vacation accrual, subject to the following conditions: (a) the choice can be made only once in each calendar year; (b) payment shell be based on an hourly rate determined by dividing the employee's monthly salary by 173.33, and (c) the maximum number of hours that may be reimbursed in any year is one- third (1/3) of the annual accrual at the time of reimbursement. d. I✓?rofe naI Develop. A Professional Development Reimbursement Men will be provided to include reimbursement of up to one hundred fifty collars ($150) per fiscal year for memberships in professional organizations, subscriptions to professional publications, attendance fees at job- related professional development activities, job- SEW 535 SLS - '159 1999 - 2005 MOU .............. ........... ...... ................. SEC III N:52 related books, electronic calendars and '.organizers, and software and hardware from a: standardized t t ment He County approved Iis or with, h eartD-P approval,, provided,, each employee cornlies with the provisions of the Computer Use,and Security Policy adopted by the Board of Supervisors. Beginn,ing January 1 , 2GO0, employee shall be eligible for reimbursementof up to: fou.rhu.nd:red dollars ($400) for . each two (2) year, period. Authorization for ind,ivid,ual professional development reimbursement requests shall be made by the Department Head. Reimbursement will occur through theregula r demand process with demands being.accompanied by:proof of twment (copy of invoice, or canceled check). e. Longgevily. Pay. A Longevity;Pay :Flan,,will provide a 2.5% increase, in pay following, completion of ten {1u) years of County Service, subject to appointing . authority approval based ,onmerit. f. Deferred Com penation-In The. County's 0 contribution to eligible employees�:�wh participate in the County's [Deferred Compensation Plan will be forty dollars ( per m$40) onth. EffectiVeJanuary 1 , 2000, the County's contribution to efigible employ ees whoparbicipate in theCounty'S Deferred Compensation Plan will be fifty dollars ($50) per month. To be eligible,for this incentive.,Supplement, eligible employees must,first, as a member of this SEIU 535 SLS - 160 - 1999 - 2005 MOU: SECTION 52 r SPECIAL 1BEIVERTS Union, contribute a Base Contribution Amount to the Deferred CompensationPlan as follows: Current Qualifying Monthly Base ContHb. Monthly Base Contr. Amt. for Maintaining Salary Amount Incentive Prod.'Eligibility 2500 & below 250 50 2501 - 3334 500 50 3335 -4167 750 50 4168 - 5000 1000 50 5001 - 5334 1500 100' 5835 -- 6667 2000 100 6666 & above 2500 100 Employees who meet these Base Contribution Amounts must contribute at 'least fifty dollars ($50) or one hundred dollars ($100) per month to remain eligible for the fort ($40) County supplement. Effective January 1 , 2000, the County Supplement will be increased to fifty dollars ($50) per month. Employees who discontinue contributions or who contribute less than the required amount per month fora period of one (1 ) month or more will no longer be eligible for the County ' supplement. To reestablish eligibility employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in Deferred Compensation contributions because of either an approved; medical leave or approved financial hardship withdrawal, shall not be required to reestablish eligibility. Further, employees who lose eligibility clue to budgetary constraints but maintain contributions at the required level and later return to an eligible position shall not be required to reestablish eligibility. SEW 535 SLS - 161 - 1999 - 2005 MOU SEC TION.53-ADOPTION, . AECTIOX.53.., ADOPT1214. The provisions of this MOU 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 the.. provisions. It is understood thatwhere it is, deterrrij.ned that an Ordinance:is required to i m.plement any of the foregoing provisions, said provisions shal,l become effective upon the first day of the month following: :thirty '(30} days after such Ordinance is adopted. -M §COPE OF AG EE� SECTION 54 ENT AN SEPAIRM11LITYDF PROVISI 5401 Scope of--Aareeme.n. Except as otherwise specificallthis S MOU fully and completely y providedherein t' : incorporates the understand[na of ifie parties hereto and constitutes the sole and entire agreementbetween the parties in any and all matters subject to meet and confer. Neither party shall, during the term of thisMOU demand any e nothing rein sha1t prohibit change heroin,, provided hoth' he it the' b o parties from changing the terms o:f this MOU by mutual agreement. The Union understands and acirees that the County is not obligatedto meet : and confer regarding wages, hours or conditions of employment durin.0 the term of this extended agreement, except as otherwise required by law. SEW 535 SLS - 162 - 1999 -2005 MOU SECTION 54 -SCOFF OFACRLEA1VHtAND SEPARABILITY OF PROVISION 54.E tra [Ilty of Prr . Should any section, 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 reman,-in full farce and effect for the duration of this MOU, 54.3 Pergonn►e[ Management Reaul.ations. Where a Specific provision contained in a section of this MOU conflicts with a Specific provision containedin a section of the Personnel Management Regulations, the provision of this MU shall prevail. It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the previsions of this MOU and as such remain in full farce and effect. 54.4 Duration of Agreement. This Agreement shall continue in full'force and effect from October 1 , 1999, to and Including September' 30, 2005. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty ( o)' days from the aforesaid termination date, of its intention to amend, modify or terminate the agreement. SEW 535 SLS - 163 - 1999 -2005 MOU ................... ... .................. AN SECTIO.N-54 ,�t:.S,P��QPE.OF,AGRE ,� 010,1 Wht �N-,, 0 SEPAROMITY OF PRO Date: ° ' CONTRA COSTA COUNTYLOCA L SEJUL 5 SERVICE LINE R.S, SEW 535 SLS - 164 - 1999 - 2005L MCT