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HomeMy WebLinkAboutRESOLUTIONS - 11202002 - 2001-273 c •sem-. TO: BOARD OF SUPERVISORS CONTRA FROM: Leslie T. Knight, Director of Human Resources COSTA DATE: June 26, 2001 y COUNTY 4ctx.:p r.N SUBJECT: Approval of the 2000 — 2002 Memorandum of Understanding with SEIU Local 250 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Resolution No. 2001/273� Be it resolved that the Board of Supervisors of Contra Costa County as the governing board of the In-Home Supportive Services Public Authority, APPROVES the Memorandum of Understanding (copy attached and included as part of this document), jointly signed by the parties regarding economic terms and conditions for December 1, 2000 through June 30, 2002 for those In-Home Supportive Services Providers represented by that employee organization. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Lb APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS (ABSENT ) COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. Orig. Dept: Human Resources Department ATTESTED �9� Cc: County Administrator JO` SWEETEN,CLERK OF THE BOARD OF ,,.,S} PIERVISORS AND CO NTTY ADMINISTRATOR BY " ' lY DEPUTY M382(10/88) MEMORANDUM OF UNDERSTANDING BETWEEN IN-HOME SUPPORTIVE SERVICES AUTHORITY AND SEW HEALTH CARE WORKERS UNION LOCAL 250 This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/1165 and Contra Costa County Ordinance No. 98-14 and has been jointly prepared by the parties. The Director of Human Resources is the manager of labor relations for the In-Home Supportive Services (IHSS) Authority in authority-provider relations matters as provided in Board of Supervisors' Resolution 81/1165 and Contra Costa County Ordinance No. 98-14. The parties have met and conferred in good faith regarding wages and other terms and conditions of employment as defined in Welfare and Institutions Code Section 12301.6 and Contra Costa County Ordinance No. 98-14 for the providers in the unit in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the Authority-provider relations covering such providers. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the IHSS Authority, as the joint recommendations of the undersigned for salary and other adjustments for the period commencing December 1 , 2000 and ending June 30, 2002. SECTION 1 - UNION RECOGNITION SEIU Local 250, Health Care Workers Union (Union) is the formally recognized employee organization for the representation unit listed below, and has been certified as such pursuant to Board of Supervisors' Resolution 81/1165 and Contra Costa County Ordinance No. 98-14. In-Home Supportive Services Provider Unit SECTION 2 - MUTUAL RESPECT The IHSS Authority and the Union agree that all workers and administrators involved in the IHSS program regardless of position, profession, or rank, will treat each other with courtesy, dignity and respect. The foregoing shall also apply in providing services to the public, specifically including IHSS consumers. The Public Authority and the Union will meet, in a timely manner, from time to time, at the request of either party, to discuss issues regarding the application of this section. SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of sex, race, creed, color, national origin, sexual orientation or union activities against any provider by the IHSS Authority or by anyone employed by the Authority; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person seeking to be listed on the IHSS registry solely because of such disability unless that disability prevents the person from performing the essential functions established for the position or from carrying out the duties of the position safely. SECTION 4 - PAYROLL To promote a timely and accurate payroll system, the Authority and the Union shall work together to identify causes and solutions to problems resulting in late, lost or inaccurate paychecks and similar issues. When the causes of problems are outside the Authority's direct control, the Authority and Union shall work cooperatively to create solutions by bringing the problems to the attention of the responsible agencies (this may include the State's payroll department, for example). The Authority shall provide all home care workers with local access phone numbers to call for timely answers to payroll questions and resolutions to problems. The Authority and the Union shall share information on the causes and potential solutions for payroll issues in good faith and in a spirit of cooperative problem solving. 2 SECTION 5 -UNION RIGHTS 5.1 List and Information The IHSS Authority shall, on a monthly basis, provide the Union a list of all current providers including name, address, telephone number, social security number and hours worked. The list will be provided in an agreed upon format. SEM shall defend, indemnify, save, protect and hold harmless Contra Costa County and Contra Costa County In-Home Supportive Services Authority and their respective boards, directors, officers and employees from any and all claims, costs and liabilities for any damages and/or injury arising from disclosure to SEIU of IHSS provider names, social security numbers, addresses and phone numbers. The County's and/or Contra Costa County In-Home Supportive Services Authority's right to be defended, indemnified, saved, protected and held harmless hereunder shall be unaffected by the concurrent negligence of the County, the Contra Costa County In-Home Supportive Services Authority or any other person. The Authority will provide a bulletin board in each of its offices for use by the Union provided the communications displayed have to do with official organization business including, but not limited to, times and places of meetings and further provided that the employee organization appropriately posts and removes the information. The Executive Director reserves the right to remove objectionable materials after notification to and discussion with the Union. 5.2 Dues Deduction. Pursuant to Board of Supervisors' Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee deduction for all employees in its unit. 5.3 Agency Shop. The Union agrees that it has a duty to provide fair and non-discriminatory representation to all providers for which this section is applicable regardless of whether they are members of the Union. All providers who work twelve (12) or more hours in a month on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union; or 2. Pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable laws. It shall be the sole responsibility of the SEIU LOCAL 250 3 2000-2002 MOU Union to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in Section 6.13.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. 4. The Union shall provide the County with a copy of the Union's agency fee procedure and each revision thereof, and shall provide notice of said procedure to bargaining unit members as required by all applicable laws. Failure by an employee to invoke the said procedure within one month after actual notice shall be a waiver by the employee of his/her right to contest the amount of the agency fee, unless otherwise required by law. 5. Annually, the Union shall provide the Human Resources Director with copies of the financial report required pursuant to the Labor-Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the end of the fiscal year :_shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty (120) days. The provider's earnings must be sufficient after required deductions are made to cover the amount of the dues or agency shop fees. When a provider is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of a provider who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection all required deductions have priority over Union dues and agency shop fees. 4 The Authority and the Union will cooperate in the implementation and subsequent administration of this section. 5.4 Mold Harmless. The Union shall indemnify, defend, and save the County and the IHSS Authority harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this union security section, or action taken or not taken by the County or the Authority under this Section. This includes, but is not limited to, the County's or Authority's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure following the adoption of this MOU by the County Board of Supervisors acting in their capacity as the governing body of the In-Home Supportive Services Authority. SECTION 6 - WAGES For the term of this MOU, the Authority shall contribute funding in the amount of three million dollars ($3,000,000) for increased wages (including payroll taxes, Worker's Compensation and Unemployment Insurance) for providers. The Authority agrees to allocate an additional $1,382,000 for FY 01/02. The Authority will submit a wage rate letter to the State of California Department of Social Services, which will include a maximum hourly wage rate of $8.20 per hour. This amount shall be the absolute limit of increased Authority costs for the tw n 2 ) month term of this MOU. It is understood and agreed that the implementation of the increased rate may involve delays due to State approvals, or to State payroll issues, none of which are within the control of the Authority. To the extent that Authority or State procedures and approvals permit, the increase in the wage rate will be made effective July 1, 2001 , or as soon thereafter as permitted. If, during the term of this MOU, the State of California agrees to increase the maximum hourly matching rate from $7.50 to $8.50 per hour, The Authority will allocate an additional $114,000 for FY 01/02. The Authority will submit a wage rate letter, to the extent that the State procedures and approvals permit, to the State of California Department of Social Services, which will include a maximum hourly wage rate of: $8.50 per hour to become effective as soon as possible, but no earlier than August 1, 2001. $9.00 per hour to become effective as soon as possible, but no earlier than January 1, 2002 SEIU LOCAL 250 5 2000-2002 MOU If, during the term of this MOU, the State or Federal formula for matching funds is reduced to below the current level, the Authority and the Union will meet and confer as to the impact of the loss of funding but in no case shall the Authority's contribution be increased. SECTION 7 - CONSUMER RIGHTS 7.1 Consumer as Employer. Under State Law and County Ordinance establishing the IHSS Authority, Consumers have the sole and undisputed right to: 1) Hire Providers of their choice; 2) remove Providers from their service at will; 3) determine in advance and under all circumstances who can and cannot enter their home; and 4) supervise the work of Providers providing services to them. 7.2 Confidential itvTRiaht to Privacy. The Union shall neither seek nor receive information regarding the name, address, phone number, or any other personal information regarding consumers. Union representatives and IHSS providers shall maintain strict standards of confidentiality regarding consumers and shall not disclose personal information obtained, from whatever source, pertaining to consumers, unless disclosure is compelled by legal process or otherwise authorized by law. SECTION 8_ REGISTRY In accordance with Welfare and Institutions Code Section 12301 .6 and Contra Costa County Ordinance No. 98-14, the Authority shall operate a registry for the purpose of assisting Consumers in finding Providers. The parties agree to meet and confer, following the seating of the Advisory Committee to the IHSS Authority, regarding registry matters which impact provider wages, hours and working conditions including, but not limited to, possible respite and emergency referrals. 6 SECTION 9 - GRIEVANCE PROCEDURE 9.1 Definition ,and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any Authority official or consumer shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: Step 1. Any provider who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the Authority's Executive Director or such representative as the Director may designate. Std. If a grievance is not satisfactorily resolved in Step 1 above, the grievant, or the Union on the grievant's behalf, may submit the grievance in writing within twenty (20) working days to the Director of Aging and Adult Services. The grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Director of Aging and Adult Services or his designee shall have twenty (20) working days in which to respond to the grievance in writing. If the grievant requests a meeting with the Director of Aging and Adult Services or his/her designee at this step, such a meeting will be held. Step 3. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 2 above and filed within ten (10) working days of the written response of the Director of Aging and Adult Services or his/her designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, either the grievant, or the Union on the grievant's behalf, or the IHSS Authority may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Director of Aging and Adult Services. Within twenty (20) working days of the request for arbitration, the parties shall mutually select an arbitrator who shall render a decision within thirty (30) working days from the date of final submission of the grievance including receipt of the court reporter's transcript and post SEW LOCAL 250 7 2000-2002 MOU hearing briefs if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant or the Union on the grievant's behalf, and the Authority. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. 9.2 Scope of Arbitration Decisions. A. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and under such dispute falls within the definition of a grievance as set forth in Subsection 1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. No 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. No change in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Authority and the Union. 9.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the Authority 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 limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 9.4 Union Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formal presentation. 8 SECTION 10 - TRAINING The Authority shall seek and give full consideration to the Union's input for the purpose of developing and implementing training programs for Providers. Training materials and the curriculum will be developed in conjunction with the Advisory Committee, giving full consideration to the Union's input. The Public Authority shall provide reasonable notice to the Union of group orientations of Registry providers and provider training classes. The Public Authority shall provide an opportunity for Union representatives to make presentations at such gatherings. This section is not intended to require the Public Authority to notify the Union of non-group orientations it conducts for individual providers. The Public Authority shall have sole discretion regarding scheduling of group orientations of Registry providers and provider training classes. Presentations by Union representatives at such gatherings shall be limited such as to not infringe on time needed for primary purposes of provider training and orientation. The Public Authority shall inform all new Registry applicants that they are required to either join the Union or to pay Union Fair Share Service Fees as a condition of IHSS employment, and will make Union authorization forms and related printed Local 250 information available at group and individual orientations of Registry providers and at provider training classes. The Union likewise agrees to make materials provided by the Public Authority available at Union events. SECTION 11 - HEALTH AND SAFETY The Authority staff will meet with Advisory Committee members, social workers, Public Health Staff, the Union and other interested parties to explore/study this issue; and, if needed, develop a policy and procedure to address the issue. SECTION 12 — PENSION A. Coverage: The IHSS Public Authority agrees to make contributions on behalf of eligible IHSS providers as defined and covered by this MOU to the Service Employees International Union National Industry Pension Fund, hereinafter referred to as the "Fund" in the amounts specified in Section C below. SEW LOCAL 250 9 2000-2002 MOU B. Term The IHSS Public Authority agrees to become and remain a participating Employer in the Fund beginning on July 1 , 2001 through the end of the term of this MOU, including any extension thereof, provided that the IHSS Public Authority's contributions are eligible for Federal matching funds. C. Contributions 1. Commencing July 1, 2001 , the IHSS Public Authority shall contribute to the SEIU Pension Fund in the amount of $0.15 per hour worked as provided below, for all eligible IHSS providers as determined and covered by this MOU. 2. Contributions required by this provision shall be paid to the Fund on or before the last day of the month following the period for which contributions are due, or before such other date as the Trustees may hereafter determine. 3. Contributions shall be transmitted together with a remittance report containing such information, in such manner, and on such form as may be required by the Trustees of the Fund or their designee. 4. Contributions for an IHSS provider shall begin once an IHSS provider has worked one thousand (1 ,000) hours after July 1, 2001. Contributions shall be made for such IHSS provider irrespective of the number of hours worked, in subsequent years. Until contributions are required to be made on behalf of an IHSS provider pursuant to the terms of this provision, the IHSS provider shall not be deemed to be a covered IHSS provider in covered employment within the meaning of the SEIU National Industry Pension Plan. D: Trust Agreement The IHSS Publi Authority hereby agrees to be bound by the provisions of the Agreement and Declaration of Trust establishing the Fund, as it may, from time to time, be amended, and by all resolutions and rules adopted by the Trustees pursuant to the powers delegated to them by that Agreement, including collection policies, receipt of which is hereby acknowledged. The IHSS Public Authority hereby designates the Employer members of the Fund's Board of Trustees, or their duly selected successor(s), as its representatives on the Board. E: Cooperation The IHSS Public Authority and Union agree to cooperate with the Trustees of the Fund in distributing Plan booklets, literature and other documents 10 supplied by the Fund Administrator and in obtaining and providing such census and other data as may be required by the Fund's Administrator or Trustees to enable them to comply with the applicable provisions of the Employee Retirement Income Security Act (ERISA). In any case, there shall be no mailing or other costs incurred by the IHSS Public Authority. The parties acknowledge that the provisions of this Section and the participation of the IHSS providers covered by it are subject to approval by the Trustees of the Fund and that the Trustees reserve the right to terminate, at their sole and unreviewable discretion, the participation of the IHSS providers covered by this MOU and to establish the level(s) of benefits to be provided. Termination may be directed by the Trustees for reasons including, but not limited to, failure of the IHSS Public Authority to timely pay contributions and expiration of the MOU. In the event the Trust ceases or otherwise terminates coverage of IHSS providers, the IHSS Public Authority shall have no other pension obligation to the IHSS providers. The parties further acknowledge that the Trustees' acceptance for participation in the Fund of the IHSS providers covered by the MOU is limited only to the categories of employment covered by the MOU at the time application for acceptance occurs and the admission of other categories for employment to participate in the Fund will require specific acceptance by the Trustees. SECTION 13 — HEALTH PLAN Effective May 1 , 2001, the following benefit program shall be offered to IHSS providers (providers): a. Proaram. The IHSS Public Authority shall offer CCHP Plan A-2 to eligible providers. The Authority shall pay subvention in the amount of one hundred eighty six dollars ($186), towards the cost of the premium for a single individual, for those IHSS providers who meet and maintain eligibility. b. Eligibility. Initial eligibility shall be achieved when an IHSS provider has two (2) consecutive months of service at an average of thirty-five (35) authorized hours per month. In order to maintain eligibility, an IHSS provider shall continue to have thirty-five authorized hours during each successive month. C. Pre-PaX. Providers who have achieved eligibility under the terms of 16.1b will pre-pay the employee's portion of the premium cost so that the effective date of enrollment begins the first of the following SEW LOCAL 250 1 2000-2002 MOU month after provider is eligible. Providers must continue to pre-pay their portion of the health insurance premium in order to continue benefits. d. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective May 1 , 2001. Subsequent Open Enrollment periods shall be for thirty (30) days and be held in the fall of each year beginning in 2001. Providers who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days from date of notification to decide whether or not to elect coverage under this program. f. Providers who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. SECTION 14 - OFFICIAL REPRESENTATIVES, STEWARDS 14.1 Official Representatives. The Union shall notify the IHSS Authority of their Official Representatives and changes in such Representatives. The list shall be sent to the Labor Relations Unit and a copy will be sent to the Executive Director of the IHSS Authority. 14.2 Stewards. The Union shall notify the IHSS Authority of the names of their Stewards at the beginning of the contract year and update the names as changes occur. SECTION 15 - NO STRIKE/NO LOCKOUT During the term of this MOU, the Union, its members and representatives, agree not to engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, or refusal to perform customary duties. The IHSS Authority agrees not to lockout members during the term of this MOU. 12 SECTION 16- SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 16.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. 16.2 Separability of Provisions. 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 remain in full force and effect for the duration of this MOU. Dated: �0 IHSS AUTHORITY SEIU LOCAL 250 11 r f Sal Rosselli, President p Helen Hall CShawn Harper Theresa Gutierrez artin v�- Dana Simon SEW LOCAL 250 13 2000-2002 MOU