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HomeMy WebLinkAboutMINUTES - 09021977 - R 77J IN 3 y�4 r t THE BOARD OF SUPERVISORS MET IN ALL ITS CAPACITIES PURSUAt1T TO ORDINANCE CODE SECTION 24-2.402 IN ADJOURNED REGULAR SESSION AT 9:00 A.M., FRIDAY, SEPTEMBER 2, 1977 IN ROOM 107, COUNTY ADtMISTRATION BUILDING. PRESENT: Chairman W. N. Boggess, Presiding; Supervisors J. P. Kenny, N. C. Fanden, R. I. Schroder, and E. H. Hasseltine. CLERK: J. R.. Olsson, represented by Geraldine Russell, Deputy Clerk. Upon convening, the County Administrator informed the Board as to developments pertainig to Senate Bill No. 346 (Peripheral Canal Legislation) and also on the status of proposed property tax reform measures. At 9:20 a.m. the Board recessed into executive session in Room 108, County Administration Building, Martinez, to meet with its negotiators in connection with labor relations matters. The Board reconvened in its chambers at 9:45 a.m. and adopted the following resolution: �`} 153 w , BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFOR14IA In the Batter of 1977-79 ) Compensation for Employees ) Ren;:esented by California ) RESOLUTION NO. 77/725. Nurses' Association ) ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. On September 2, 1977, the Employee Relations Officer submitted the Memorandum of Understanding dated September 2, 1977, entered into with the California Nurses' Association, for the Registered Nurses Unit represented by said Association; 2. This Board having thoroughly considered said Memorandum of Understanding, the same is approved; 3. Salaries and Terms and Conditions of_Employmtent, Cal ifornia Nursesr Association. � e Memora um of Understanding with California Nurses Association is attached hereto, marked Exhibit A; it, Appendices A and B thereto, and two untitled signed documents, also attached relating to voluntary demotions, marked Exhibit B, pay for work in a higher classification, marked Exhibit C, are incorporated herein as if set forth in full and ;rade applicable to the employees in the above-named unit. 4. If an ordinance is required to implement any of the pro- visions of the Memorandum, said provisions shall become effective upon the first day of the month following thirty (30) days after such ordinance is adopted. 5. This Resolution is effective as of August 1, 1977. PASSED on September 2, 19777, unanimously by the Supervisors present. cc: California Nurses' Association Director of Personnel County Auditor-Controller (6) County Administrator County Counsel Director, Human Resources Agency EVL/j RESOLUTION NO, 77/725 00054 Memorandum of Understanding Between Contra Costa County And California Nurses' Association This Memorandum of Understanding is entered into pursuant to the authority -contained in Division 34 of the Contra -Costa County Ordinance-Code and has been jointly prepared by the parties. - The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Ordi-nance"Code Section 34-8.012.- California 4-8.012:California Nurses' Association is the formally recognized enployee.organization : for the Registered Nurses Unit, and such organization has been certified as such pursuant to Chapter 34-12 of the Contra Costa County Ordinance Code. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees of- said representation unit, and have freely exchanged information, opinions and proposals and. have en- daavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the Contra Costa County. Board of Supervisors as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period beginning August 1, 1977 and ending June 30, 1979. As used throughout this Memorandum of Understanding, the pronoun designation "he" or "his" is intended to be applicable to both male and female.gender. 1. The salary ranges for- each classification covered by the Registered Nurses Unit shall be increased, effective September 1, 1977, within the County salary plan to provide salary ranges as follows: Effective September 1, 1977 Staff Nurse I $ 1125F Staff Nurse II 1271 - 1401 Staff Nurse III 1401 - 1545 Surgical Nurse 1401 - 1545 Institutional Nurse I 1271 - 1401 Institutional Nurse II 1401 - 1545 Public Health Clinic Charge Nurse 1401 - 1545 Family Nurse Practitioner 1521 - 1849 M 4n0�55 EKN I NT W For the fiscal year 1978-1979, the salary ranges for each classification covered by the Registered Nurses Unit shall be increased, effective July 1, 1978, within the County salary plan to provide salary ranges as follows: Effective July 1, 1978 Staff Nurse I $ 1181E Staff Nurse II . 1334 r 1471, - Staff Nurse III 1471 - 1622 Surgical Nurse 1471 1622 Institutional Nurse I 1334 = 1471 Institutional Nurse II 1471 - 1622 Public Health Clinic Charge Nurse 1471 1622 Family Nurse Practitioner __ 1607 - .1953 2. There is established a Joint County Medical Services - Nurse Committee consisting of not more than four (4) nurse members employed by County Medical Services, and selected by the Nurses, and of not more than four (4) County Medical Services members, two of whom shall be the Administrator-County Medical Services and the Director of Nursing. The purposes and objectives of the Joint Committee are to regularly provide and improve communications, liaison, and problem solving between the Nurse and County Medical Services members; to constructively study, discuss, and consider advisory recommendations and proposals for improving patient care; to consider standards for the continuous improvement of the profession in County Medical Services, effectual in-service education, training, and problems unique to specialty units; and to discuss and exchange views, information and recommendations on additional matters of mutual interest to the Nurse and County Medical Services members other than economic matters, such as wages, hours, and other economic conditions which may be subject to meet and confer. The Joint Committee shall meet regularly at least every other calendar month. At least seven (7) calendar days prior to a meeting of the Joint Committee, the Nurse members shall submit a written agenda of the matters to be discussed, to- gether with related recommendations or proposals, if any, to the County members. Unless otherwise agreed by a majority of the Joint Committee, the County Medical Services Committee shall respond to the proposals and recommendations presented not later than the following scheduled meeting. Nurse and County Medical Services members may request the'attendance of other County or CNA representatives to observe the proceedings and consult with their respective committee members. Per- manent employee nurse members who are scheduled to work and who attend the meeting of the Joint Committee shall not suffer any loss of pay or benefits by reason of their attendance at such bi-monthly meetings. The Nurse and County Medical Services members shall, for alternate meetings, prepare summary written minutes of all Joint Committee Meetings, which shall be approved by a majority of the Committee. Copies of the approved minutes shall be typed and distributed by County Medical Services Staff to all members of the Joint Committee and be maintained on file in various offices throughout County Medical Services for examination by any Registered Nurse employee. MM 00" - 2 - The Professional Performance Committee may schedule one (1) regular meeting each month during working hours. The County will release from duty no more than three (3) nurses assigned to the day shift, two (2) nurses assigned to the evening shift and one (1) nurse assigned to the graveyard shift for a period not to exceed two (2) hours for attendance at such a meeting. The Committee may consider and study issues and subject matters of their own selection which are consistent with the purposes and objectives of the preceeding paragraph. They may also formulate advisory recommendations and proposals concerning such matters. The Committee shall maintain and provide written, copies of the minutes of all Professional Performance Committee meetings and advisory proposals to the County Medical Services members, and a copy shall be maintained in various offices throughout the County Medical Services for examination by any Registered Nurse employee. 3. There shall be a Public Health Department Professional Performance Committee consisting of registered nurses employed by that Department. The purpose of the Committee is to meet to consider and discuss patient care and nursing practice. It may also formulate advisory recommendations and proposals concerning such matters. The Committee shall not discuss economic matters, such as wages, hours, and other economic conditions which may be subject to meet and confer. The Professional Performance Committee may schedule one (1) regular meeting each month during working hours, provided that such meetings shall be scheduled to conflict as little as possible with the monthly clinic schedule and shall be mutually agreeable to the Director of Public Health Nursing. The Department will release from duty no more than three (3) nurses for a period not to exceed two (2) hours, including travel time. The three (3) permanent employee members who-are scheduled to work and who are released to attend the meeting of the Professional Performance Committee shall not suffer any loss of pay or benefits by reason of their attendance at such meetings. Nurses shall promptly report meeting and travel time to the Director of Public Health Nursing. The Committee shall prepare written minutes of all Professional Performance Committee meetings, copies of which shall be distributed to the committee members, the Health Officer and the Director of Public Health Nursing. Once each quarter a meeting of the Professional Performance Committee shall be held jointly with- representatives of Health Department management. At least seven (7) days prior to such a joint meeting the nurses shall submit a written agenda of the matters to be discussed, together with related recommendations or proposals, if any, to the Director of Public Health Nursing and the Health Officer. Employees in classifications in the Registered Nurses Unit who are not employed at County Medical Services or the Public Health Department may submit verbal or written advisory recommendations and proposals for improving patient care to a designated representative of the department head, and timely response will be provided. 0005'7 - 3 - 4. Each regular full time nurse, except nurses in the classification of Family Nurse Practitioner, in the Registered Nurses Unit with one (1) or more years of county service shall continue to be entitled to five (5) days leave with pay each year to attend work related courses, institutions, workshops or classes of an educational nature. Nurses in the classification of Family Nurse Practitioner with one (1) or more years of county service shall be entitled to eight (8) days leave with pay each year to attend work related courses, institutions, workshops or classes of an educational nature. Written requests for such leave must be submitted in advance and may be approved by the appropriate supervisor only in the event such leave does not interfere with staffing. The leave is not accumulative from year to year; provided, however, that the amount of leave applied for and denied in one fiscal year may be carried forward and added to the maximum leave available in the next year so that the maximum leave available in any fiscal year may not exceed twice what may be accrued in any one fiscal year. Each individual nurse shall be responsible for any expenses, fees, tuition, travel and meal costs while attending the approved course, and reasonable proof of attendance may be required. The leave hereinabove defined shall not apply to those courses or programs the nurse is required by the County to attend. 5. The County and the Association agree to continue the existing County Group Health Plan program of combined Medical, Dental and Life Insurance coverage through California Dental Service, Occidental Life Insurance and the medical insurance options of Kaiser-Permanente Foundation and Blue Cross of Northern California. Effective August 1, 1977 through July 31, 1978, employee contribution rates for either plan option for all permanent 20/40 or greater employees covered by this Memorandum of Understanding shall be S6.90 Employee Only or $23.00 Employee and Dependent(s). Corresponding rates for employees receiving Medicare covered by this Memorandum of Understanding shall be S1.00 for Employee Only receiving Medicare; $15.30 for Employee and Dependent(s) with one member receiving Medicare; and $7.60 for Employee and Dependent(s) with two members receiving Medicare. The County shall contribute the necessary balance of costs to maintain the Plan on behalf of the eligible employees for this period. Effective August 1, 1978 through July 31, 1979 the County agrees to increase its contribution toward each health plan option by $4.50 per month for Employee Only and $8.00 per month for the Employee and Dependent(s); any increase in the health plan costs in excess of $4.50/8.00 per month shall be borne by the employee.. Corresponding Medicare rates for employees covered under this Memorandum of . Understanding shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Depandent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees, provided however that the minimum employee health plan contribution will be $1 per month. 00055 - 4 - Unless modified by mutual agreement, any increased premiums from the Health Plan carriers, effective after July 31, 1979 shall be the responsibility of the employee-subscriber. Upon retirement, employees represented by California Nurses' Association may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to the County health plan or if on an authorized leave of absence without pay they have retained• individual conversion membership from the County plan. 6. Employees covered by the Registered Nurses Unit and employed by County ?ed•ical Services shall submit vacation requests at least seventy-five (75) days in advance of the first day requested. The County shall reply to such requests within forty-five (45) days after receipt, and shall throughout the year post at least thirty (30) days in advance a schedule of vacations covering the next sixty (60) day period. If staffing and patient care requirements do not permit all nurses requesting a certain vacation preference to take their vacations over the same period, length . of service with the County shall be the determining factor within each work area. At the written request of a nurse, vacation may be taken in daily segments. A request for vacation shall not be unreasonably denied because of the season of the year. 7. The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Personnel Director shall determine these matters based on the employee status records in his department. 8. The County Training Bulletin shall continue to limit reimbursement for career development training to $200 per semester or $150 per quarter, not to exceed $600 per year. 9. When an employee in a permanent position in the classified service 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 classi- fication pursuant to Section 36-4.802 on salary on promotion, commencing on the twenty-first calendar day of the assignment, under the following conditions: a. Assignment of the employee 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 Basic Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification. 00059 - 5 - c. Employees selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. Pay for work in a higher classification shall not be utilized as a . substitute for regular Civil Service promotional procedures. e. The appropriate authorization form has- been submitted by the department head at least 15 days prior to the expiration of the 20-day waiting period and approved by the County Administrator. f. Higher pay assignments shall not exceed six (6) months except through reauthorization. g. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within 30 days no additional 20-day waiting period will be required. 10. Attached 'hereto as Appendix A is County Administrative Bulletin 311.2, "Sick Leave Policy". 11. The parties have met and conferred in good faith on issues involving retirement pending as of the date of the Memorandum of Understanding. Effective August 1, 1977, pursuant to Government Code Section 31581.1, the County will pay 35S' of the retirement contributions normally required of employees covered by this Memorandum of Understanding, and effective August 1, 1978, the County will increase its payment to 50% of such retirement contributions; but such payments shall continue for the duration of this Memorandum of Understanding, and shall terminate thereafter. Effective July 1, 1977, employees covered by this Memorandum of Understanding shall be responsible for payment of the employees' contribution for the retirement cost-of-living program as determined by the Beard of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees' share. The County will pay the remaining one-half (0 of the retirement cost-of-living program contribution. 12. The County agrees to continue its policy of allowing eligible employees in the Registered Nurses Unit to quarterly elect the method of reimbursement for ►•cork performed on holidays. The selection between accrued holiday time and/or overtime pay must be made known to the County during the months of September 1977, 1976; December 1977, 1978; March 1978, 1979; and June 1978, 1979. 13. County Medical Services shall determine when a position vacancy exists and whether or not such position vacancy shall be filled. In the event that the department determines that a position vacancy is to be filled, such vacancy shall be posted for bid in accordance with the departmental bidding procedures until such vacancy is filled by an appointment or the posting is cancelled by the department. 14. The County will observe the following holidays during the term covered by this Memorandum of Understanding: Independence Day July 4, 1977 Labor Day September 5, 1977 Admission Day September 9, 1977 Columbus Day October 10, 1977 Veteran's Day November 11, 1977 Thanksgiving Day November 24, 1977 Day after Thanksgiving November 25, 1977 Christmas December 26, 1977 New Years' Day January 2, 1978 Lincoln's Day February 13, 1978 Washington's Day February 20, 1978 [Memorial Day May 29, 1978 Independence Day July 4, 1978 Labor Day September 4, 1978 Columbus Day October 9, 1978 Veteran's Day November 10, 1978 Thanksgiving November 23, 1978 Day after Thanksgiving November 24, 1978 Christmas December 25, 1978 New Year's Day January 1, 1979 Lincoln's Day February 12, 1979 Washington's Day February 19, 1979 Memorial Day May 28, 1979 Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday. Such other days as the Board of Supervisors may by resolution designate as holidays. If amendments to Government Code Section 6700 and/or 6701 become effective to delete any of the above as holidays or to add new holidays, such amendments shall be made part of this Memorandum of Understanding and shall be effective for employees represented by California Nurses' Association. If an ordinance code amendment is required to implement the foregoing provision, the County shall enact such an ordinance code amendment. 15. Nurses in the classification of Family Nurse Practitioner shall be covered under Ordinance Sections 36-6.402 (on-call and call-back time), 36-6.404 (Normal workweek), 36-8.602 (Differentials-Shifts), and 36-8.1002 (Overtime-Regulations). - 7 16. Employees in permanent-intermittent positions in classifications covered by the Registered Nurses Unit who are assigned to the Home Health Agency and Public Health Clinics shall receive holiday pay at the rate of one and one-half times the employees basic salary rate for all hours actually worked on a recognized holiday. 17. Attached hereto as Appendix B is the Hack to Work Agreement between Contra Costa County and California Nurses' Association, dated September 2, 1977. The County and California Nurses' Association agree that there shall be no discrimination because of race, creed, color, national origin, sex or union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable state and federal law there shall be no discrimination because of age. It is mutually recommended that the modifications shown above 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 these provisions. It is understood that if it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such ordinance is adopted. This Memorandum of Understanding shall remain in full force and effect from August 1, 1977 through June 30, 1979. Dated: 501'dT COSTA COUNTY CALIFORNIA NURSES' ASSOCIATION 8 0002 - - 'K'77L�NX A C)F::I C E C� 7H E C 0 01,1 T Y A DA I Li-T, TOR A R A T I V E D A I N1 I S T BULLE IN 311.1 Replaces SUBJECT: Sick Leave Policy This bulletin states County policies on the accumulation, u-Se and administration of paid sick leave credits. T Purpose of Sick Leave The primary purpose of paid siek leave is to insure employees Mst loss of pay for temporary absences from work due to ill- or injury. It is a privilege extended by the County and may be used only as authorized; it is not paid time off 'which employees may use for personal activities. I-J . Credits To and Charges Against Sick Leave Sick leave credits accrue at the rate of eight (8) working ho-urs credit for each completed month of service, as prescribed by County ordinance. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit co-.-LtDuted on the same basis as is partial month compensation. Credits to sick leave and charges against sick leave are made in miniarum amounts of one hour. Unused sick leave credits acct=.ulate from year to year. When an employee is separated, other than through retire- ment; his accurTalated sick leave credits shall be cancelled, unless the separation results from layoff, in i-inich case the accumulated credits shall be restored if he is re-employed in a permanent erm—aTie -rit position within the period of his 'layoff eligibility. As of the date of retirement, an employee's accwnilated sick leave is converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sicir, leave credit. 00063 3. lila appointin.- authoriL clay reVic:• ii d1Cal_ evidence a.c` order further examinatio-a as he deems necessary, and may terrainate use of sick leave when such further C amination demonstrates that the c-mployee is not disabled, or iuhen the appointing authiority determines that the medical evidan. ce submitted by the employee is insufficient, or e.Ihere the above conditions .have not bee-7- met. C. Coammunica la Disease- 3n a.-uployea may use paid sick leave credits imen .ie is unaera physician's orders to remain secluded due to exposure to a co=nnumicable disease. D. Sick Leave Utilization for Preg-Pan2Z Disability. Employees xahose disability is caused or concr_outea to by prep ancy, miscarriage, abortion, childbirth, or recovery there- from, shall be allowed to utilize sick leave credit to the maxLmwul-a accrued by such employee duriaig the period of such. disability under the conditions set forth below: 1. Application for such leave must be made by the ec:plovea to the appointing authority accompanied by a written statement of disability from the employee's atterdinc physician. The staterm=_nt arast address itself to the employee's general physical condition having considered the 'r_ature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. The County retains the sight to medical review of all requests for such leave. 2. if an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work ♦ or that her general health. 'is impaired CiI.^. to disability or cont_ib te:: to by pre^�IlarcT. miscarri?ge. Flvorti0i', cHII-Ic- birth or re::overy ihe3r`irom., the ei.pi.:Jvea shall be required to ur�ergo a examination by a physiciea selt�ctad by the 00064q t i < < r rPE: J X A or rc= CF :Ki= cou:r rr ADJAF::rkrP_' TOR sty•.. _ye.rs�►Rr..�_ :i F;s13G =i�� j ADMINISTRATIVE SJLLE : IN 3ZZ.1 Replaces i el 7 OAC ^• 02011a00 V C = ORO ,F! Vr as t( i SUBJECT: Sick Leave Policy . This bulletin states County policies ,on the accumulation, use and administration of paid sick leave credits. . Purpose of Sick Leave ' T primary purpose of paid sick leave is to insure employees against loss of pay' for temporary absences from work due to ill-. =ess or injury. It is a privilege extended by the County and may pe used only as authorized; it is not paid time off which employees ray use for personal activities.- H. Credits To and Charges Against Sick Leave Sick leave credits accrue. at the rate of. eight (8) working hours credit for each completed mouth of service, as:prescribed by County ordinance. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the sane basis as is partial month compensation. Credits to sick leave and charges against sick leave are made in minim-am amounts of one hour. Unused sick leave credits accumulate from. year..to year. When an employee is separated, other than through retire- ment, his acc=,dated sick leave credits shall .be .cancelled, _ unless the separation results .From layoff, inwhich. case. the accumulated credits shall be restored if he is re-employed in a " percent position within the period of his layoff eligibility. As of the date of retirement, an employee's accLam-iiated sick leave is converted to retirement time on the basis of one clay of retirement service credit for each day of accumulated sick leave credit. 00063 t' �J E 2 ii •� s! 111- Policies Gove;niap; the Use of Paid Sick Leave As indicated above, the priccary purpose of paid sick leave 4 is to insure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: "Immediate fasrimeans and includes only the spouse, Q son, Tc aughter, father, mother, brother, sister, grand- parent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, of an employee." "Em to ee" means any person employed by Contra Costa . j County in an allocated position in the County service "Paid sick leave credits" means those sick leave credits provided for by County ordinance. Accumulated paid sick leave credits ma-ay be used, subject to ! Appointing authority approval, by an eaployee Tri pay status, but only in the following instances:A. TetporarZ IllLiess or In'ur- of an Emalo ee. An employee r. may use paid sick leave credits when he is ort work because of a temporary illness or injury. B. Permanent Disability Sack Leave. Permanent disability, *-leans the employee suffers from a alsa Ing physical injury or illness and is thereby prevented from engaging in any County occupation for which he i, qualified by reason of education, training or experience, Sidle. leave may be used by permanently disabled employees until all accruals of the employee have been es�hausted or until the employee is retired by the Retirement j Board, subject to the following conditions: I 1. An application for retirement due to I disabling has been filed with the Retirement Board. 2. Satisfactory medical evide-nce of such disability is received by the appointing authority :•rithin 30 days o_ the start of use of sick leave for permanent disability. i 0 Oa�� i 3. The appointing a�uthor_ty may revi e:^ ry edical. evidence and order further examination as he deems necessary, and iEay ce_minate use of sick leave when such further examination demonstrates that the employee is not ¢isabl_d, or when the appointing authority determines that the.medical evide�:ce submitted by the employee is insufficient, or w1here the above conditions have not been met. C. Comauunicable Disease. iia employee may use paid sic', leave credits when lie is un er a physician's orders to remain secluded due to exposure to a com u-:icable disease. D. Sick Leave Utilization for Pregnane • Disability. Employees whose disa i_zty is caused or contr=_baited ro y pregnancy, miscarriage, abortion, childbirth, .or recovery there- from, shall be allowed to utilize sick leave credit to the maaiw2am accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the emploven to the appointing authority accompanied by a written_ statement of disability from the employee's attending physician. The statement arast address itself to the employee's general physical condition Having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the . physician anticipates the disability to terminate. Tze Co-.arty retains the right to' m=dical review. of all requ_s-s Mor such leave. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health 'is impaired due to disability caused or contr-ibuted to by pra;L a—ac, trisL'a r1^'a• .?.jori_cn, c1_u14_ birth or recovery there ron. the e.:tployee shall be required to undergo a ph.;:•_ci examination by a ph;-sec°a.-+ selected by tha 00064q i i 4. i t t, County, the cost of such examination to be bogie by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. .3. if all accrued sick leave has been utilized by the employee, the em_playee shall. be considered or. an approved leave without pay. Sick leave may not be utilized after the j employee has been released from the hospital i imless the employee has prof*ided_ the.County ;with a written statement from her attending physician stating that her disability continues and the projected date of the employee's recovery from such disability.. j E. Medical and Dental Ap ointments. . An employee may use paid sick leave cre its: ' 1. For working time used in keeping medical and dental appointments for the employee's own care; and - ,.. 2. For working time (not over 24 hours in each fiscal year) used by an employee for pre- scheduled medical and dental appointments for an immediate family member living in the employee's home. F. -mer encv Care of Family. An employee may use paid sick leave credits kup, to two days, unless the Co�imty Administra- tor approves more) for working time used in cases of illness or injury to, an immediate family member living in the employee{s home, if there is a real need for someone to render care and no one else is available therefor, and if alternative arrangements for the care of the ill or inju_ed person are immediately under- taken. G. Death of Family Member. An employee may use paid sick leave credits for working time used 'because of a death in the employee's imm- ediate family, but this shall not e:;ceed three wor'_•:ing days, plus up to ttio days of work- time for necessarry travel. F 00065 5. AccuzmuLated paid sick leave credits may not be used in the followinz s?to AL.ioss: - - Self-Inflicted Injury. Paid sick leave credits may not be uses=or time off from work for an employee's illness or injury purposely self-inflicted or caused by his willful misconduct. - Vacation. paid sick leave credits may not be used . or an, employee's illness or injury which--occurs while he is on vacation but the County Administrator may authorize it, when extenuating cirvumstances exist and the appointing authority approves. - Not in Pa Status. Paid -sick leave credits m:[a not Ue use E- He e employee would otherwise be -eligible to use paid sick leave credits but is not .in pay status. IV. Administration of Sick Leave The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: A. Employees are responsible for notifying their department . of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. B. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. C. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time or pre-arranged personal or faamily medical and dental appointments. D. The 24 hour annual allotment of sick leave whichmay be used to take i=- ediate family members, living in the employee s homo, to pre-scheduled medical and dental appointments shnutn be accounted for by the department on a fiscal =rear basis. Any balance of the 24- hours remaining at the endr of the fiscaL }yea, is not to ba curried over to the next year; department's sho L d nC.L:1 y the employee if the raximtzti rllo��an..4 is ? eaC..?:— &.tPsori- zatian to use sick leave for this psroose is ConL'ixig@i?t on avail- aui^ityof accumulated sick leave creiit3; it is not as additional f allots!ent of sick leave _.Zicha p_oyee may charge. O(M I i 6. E i 1 The use of sick leave may properly be denied if these 1 procedures are not followed. Abuse of the sick leave privilege on the part of the employee is cause for disciplinary action. Authorization of sick leave is•a certification of the legitimacy of the sick leave-claim. To ascertain the propriety of claims against sick leave, department heads may crake such investigatious -as they deers necessary. Use of one .or more of the 1 following, procedures may be helpful: - Calling the employee, his fancily or attending 1 physician if there is one. j - Obtaining the -signature of the employee on_-the Absence and Extra Time .Card, or on another form I established for that purpose, as a certification . of the legitimacy of the claim. - Obtaining a written statement explain ir_g the claim R for use of accumulated sick leave credits. I - Obtaining a physician's certificate covering the absence( indicating that the employee was . incapacitated. - Writing a letter of inquiry about the employee's condition, enclosing a fora to be filled out, signed, and returned. - Obtaining a periodic statement of progress and medical certification in absences of an extended i nature. Department heads are responsible for establishing.timekeepins, procedures which will insure the submission of a time card cover-ing each employee absence and for operating.their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. i l . i i i I i MW7 7. 3.o help assure uniform policy application, the- latter olfiice shou!.d be contacted with respect to sick leave deter inations about which the department is in doubt. References: Ordinance 'Code Section 36-6.604 (Ordinance 73-47, June 5, 1973) Ordinance Code Section 38-4.602 (Ordinance 73=55, July 2, 1973) Resolution Number 72/465 dated July 22, 1972 Resolution Number 74/322 dated ?pril 9, 1974 Resolution Number 75/592 et. al. dated July 31, 1975 L� Lour]ty aniscra�o�" i. c APPENDIX B Memorandum of Understanding (Back To Work Agreement) 1. Parties. Effective on September 2, 1977 the COUNTY OF CONTRA COSTA (here- inafter called "County") and California Purses' Association mutually agree and promise as follows: 2. Purpose. The purpose of this Memorandum of Understanding is to reduce to writing the agreements made between County and California Nurses' Association after meeting and conferring in good faith, with regard to ending a work stoppage (strike) by some employees of the County represented by California Nurses' Association. 3. Strike Termination. The California Nurses' Association shall terminate the strike of employees represented by it against the County, shall remove or cause to be removed their pickets from County facilities, shall promptly advise such employees to cease picketing and/or to return to work, and shall promptly advise all persons known to be honoring or recognizing their strike and/or picket lines that the strike has ended and they should return to work or otherwise honor their commitments to the County. 4. Absent Employees. County employees who were absent from work without authorization during all or part of the strike shall be deemed to have been "absent without pay" on those days they were absent without said authorization. 5. County Obligations. The County agrees that the following terms and conditions shall apply upon execution and approval of this agreement. a. Except as otherwise provided it is the intent of the County that un- authorized absence of employees represented by Association from work during the strike period shall not be a basis for punitive or disciplinary action against such employees by the County or the Appointing Authority. b. The Civil Service Department and the Appointing Authority shall make no reference to an employee's absence or being away on account of the strike or ►corking during the strike in its records or individual personnel folders of said employees. If required the reference to the employee's absence shall be noted as "absent without pay". c. The County agrees not to file any criminal complaints against individuals except for cases of aggravated misconduct occurring during the period of the strike. The County reserves the right, subject to the approprite disciplinary procedures then in effect, to take disciplinary action against employees who have engaged in aggravated misconduct during the strike. d. Promotions and in-range increments held up because of the strike shall be released for normal consideration. e. Vacation and sick leave credits will not be accrued for and may not be used by an employee during such time as he or she was absent :aithout pay during the strike. O0%9 f. Vacations approved prior to August 19, 1977 and beginning on or before August 19, 1977 will be paid for the approved vacation period. g. An employee on sick leave prior to August 19, 1977 will be permitted to use sick leave credits for such absence after August 19, 1977 subject to documentation as is ordinarily required. This provision shall not be applicable to any employee whose presence on the picket line is established. h. The County and the appointing authority shall not take action against employees in retaliation or recrimination for strike activities or sympathies. The County shall not discriminate between employees because of strike activities or sympathies. County employees who remained at work during the strike shall be instructed to cooperate with employees who are absent during the strike. 6. California Nurses' Association Obligations. California Nurses' As- sociation agrees as follows: a. California Nurses' Association shall inform and advise, by appropriate and extensive publicity, their members and those non-members who are County employees and who have been absent from work because of the strike, that on their return to work they shall adopt a cooperative attitude with their supervisors and fellow cinployees in performing their assigned duties and shall work (including working overtime where reasonable or necessary) to eliminate, as quickly as possible, the backlog of accumulated work resulting from said absences. b. California Nurses' Association shall inform and advise their members and those non-members who are County employees and who were absent from work because of the strike that they shall be cooperative and courteous to County employees who did not support the strike or who were unsympathetic to it and shall inform and advise such persons that they shall not badger, harass, or in any other manner retaliate against those County employees who did not support the strike or who were unsympathetic to it. c. It is understood by the parties that any employee who is advised by the California Nurses' Association to do the acts specified in the above two paragraphs andlor who is otherwise made aware of what is required by the above two paragraphs (6a and 6b) and who fails to comply, may be subject to disciplinary action for such failure to comply. 7. Return to Work. Employees honoring or respecting picket lines shall return to work at 2:01 p.m. on September 2, 1977 if their regularly scheduled working day extends past 12:01 p.m., September 2, 1977. Employees whose regularly scheduled working day begins on or after 12:00 noon will report at the beginning of their shift. Back to Work Agreement 00070 Page 2 8, Savings Clause. If any of the provisions of this agreement are held to be in conflict with the provisions or current state laws, current county ordinances, current resolutions and/or orders of the Board of Supervisors, current rules and regulations of the Civil Service Commission or current County Administrative bulletins, this agreement shall be considered as being superseded, but only to the extent required by said laws, ordinances, resolutions, orders, rules and ' regulations and bulletins. DATED (� - ') 7 CONTF COSTA COUNTY CALIFORNIA NURSES' ASSOCIATION -A 4-catat., _ Back to Mork Agreement Page 3 W071 The County agrees to amend the County Ordinance Code to provide that effective January 1, 1978, when an employee voluntarily denotes to a classification. paid at a lower salary range, the salary of the demoted employee shall remain the same when the salary steps of the new range permit, otherwise, the salary shall be set at the step in the new range next below the salary the employee received prior to demotion. DATE: CQyTRA COSTA COUNTY CALIFORNIA NURSES' ASSOCIATION I LJV nD 00072 The Union has been given a copy of a revised administrative bulletin pertaining to pay for work in a higher classification. It is understood that this administrative bulletin is to be implemented when the appropriate changes in the County Ordinance Code have been effectuated. DATE: CM-47RA COSTA COUNTY CALIFORNIA NURSES' ASSOCIATION C c•L •. MM �� C 00073 �WUU� ;i ii And the Board adjourns to meet in regular session on Tuesday, September 6, 1977 at 9:00 a.m., in the Board Chambers, Room 207, County Administration Building, Martinez, California. N. , Chairman ATTEST: J. R. OLSSON, CLERK ..v Deputy The Pzeceding doc is ,consist of pages'