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HomeMy WebLinkAboutMINUTES - 08141984 - 1.24 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 14, 1984 by the following vote: AYES: Supervisors Powers, Fanden, Schroder***, McPeak, Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: ) 1983-85 Compensation for Employees ) RESOLUTION NO. 84/477 in Units Represented by United ) Clerical Employees, Local 2700, AFSCME) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. On August 14, 1984, the Employee Relations Officer submitted the Memorandum of Understanding dated August 14, 1984, and an attached side letter dated August 14, 1984, entered into with United Clerical Employees, Local 2700, AFSCME and the following units represented by the Union: Deputy Clerks' Unit General Clerical Services Unit Supervisory Clerical Unit 2. This Board having thoroughly considered said Memorandum of Understanding, the same is approved. 3. Salaries and Terms and Conditions of Emplo-yment, United Clerical Employees, Local 2700, AFSCME. The Memorandum of Understanding with United Clerical Employees, AFSCME, Local 2700 is attached hereto, marked Exhibit A; and Section Numbers 1 through 54 inclusive are incorporated herein as if set forth in full and made applicable to the employees in the above named units. 4. If an Ordinance(s) is required to implement any of the foregoing provisions, the Board of Supervisors shall enact said Ordinance(s). THIS RESOLUTION is effective as of August 14, 1984. ***In voting for the Memorandum of Understanding, Supervisor R. I. Schroder advised that he was in favor of the compensation package but was opposed to the Agency Shop provision. I hereby certify that this is a true and correct copy of an action token and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: J.R.OLSS ht, COUNITY CLERK and ex officio Ciork of the Board Orig: Personnel Department By ^� �.� , Deputy County Administrator County Counsel Auditor-Controller United Clerical Employees; Local 2700, AFSCME I.E.D.A./via Personnel (Distribution Made by Personnel) 00087 RESOLUTION NO. 84/477 Memorandum of Understanding Between Contra Costa County And United Clerical Employees, Local 2700, AFSCME, AFL-CIO r This Memorandum of Understanding is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/1165 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 Board of Supervisors Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This Memorandum of Understanding shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 1983 and ending June 30, 1985. Special provisions and restrictions pertaining to Project -employees covered by this Memorandum of Understanding are contained in Attachment A which is attached hereto and made a part hereof. Definitions: A. "Appointing Authority" means Department Head. B. "Class" means a group of positions sufficiently similar in respect to the duties, 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. C. "Class Title" means the designation given to a class, to each position allocated to the class, and to the incumbents allocated to the class. D. "County" means Contra Costa County. E. "Demotion" means the change of a permanent employee to another position - in a class allocated to a salary range for which the top step is lower- than the top step of the class which the employee formerly occupied except as provided for under "Transfer" or as otherwise provided for in this Memorandum of Understanding, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. 1 00088 r i F. "Director of Personnel' means the person designated by the County A ministrator to serve as the Assistant County Administrator-Director of Personnel. G. "Eligible" means any person whose name is on an employment or reemployment or layoff list for a given class. H. "Employee" means a person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this Memorandum of Understanding and whose position is held pending his return. I. "Employment List" means a list of persons, who have been found qualified for employment in a specific class. J. "Layoff List" means a list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement or have voluntarily demoted in lieu of layoff. K. "Permanent Intermittent Position" means any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. L. "Permanent Part-Time Position" means any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full-time basis. M. "Perm anent Position" means any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. N. "Project Employee" means an employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenue. 0. "Promotion" means 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 Memorandum of Understanding, in the Personnel Management Regulations, or in specific resolutions governing deep classes. P. "Position" means the assigned duties and responsibilities calling for the regular full-time, part-time or intermittent employment of a person. Q. "Reallocation" means 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 2 ®0.089 A i within five (5) percent of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. R. "Reclassification" means 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 basi's of significant changes in the kind, difficulty or responsibility of duties performed in such position. S. "Reemployment List" means 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. T. "Resignation" means the voluntary termination of permanent employment with the County. U. "Temporary Employment" means any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. V. "Transfer" means the change of an 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 (5) percent at top step as the class previously occupied by the employee. Section 1 - Recognition 1.1 Union Recognition. The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Board of Supervisors' Resolution 81/1165. A. General Clerical Unit B. Supervisory Clerical Unit C. Deputy Clerk Unit Section 2 - Union Security 2.1 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 for all members in its units. 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and non- discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in the General Clerical Unit and the Deputy Clerk Unit on or after the effective date of this Memorandum of 3 00030 r Understanding shall, effective as provided in Subsection N and continuing until the termination of the Memorandum of Understanding, either: 1. Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount equal to the standard initiation fee, monthly dues, and general assessment of such organization for the duration of the agreement; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bonafide 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 Subsection B (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. C. The provisions of Subsection B shall not apply during periods that an employee is separated from a representation unit but shall be reinstated upon the return of the employee to a representation unit. The term separation includes transfer out of the unit, layoff and leave of absence with a duration of more than thirty (30) days. D. The Union shall provide the Director of Personnel with copies of a financial report patterned after Form LM-2 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 of April 1, 1985 shall result in the termination of all agency fee deductions without jeopardy to any employee, until said report is filed. E. Current Employees and New Employees. 1. On or before -August 1, 1984, the County wi 11 mai 1 to al l employees who are not members of the Union an "Employee Authorization for Payroll Deduction of Local 2700 Membership Dues or Service Fee' form. The employee shall have thirty (30) calendar days from the mailing of the authorization form, to fully execute the authorization of his/her choice and return said form to the County Personnel Department. 2. An employee hired into a job class represented by the United Clerical Employees, Local 2700 on or after August 4 00091 2, 1984 shall be provided through the County Personnel Department with the authorization card listed in Subaragraph 1 above. Said employee shall have thirty (30� calendar days to fully execute the authorization card of his/her choice and return said card to the County Personnel Department. 3. If the form is not returned within thirty (30) calendar days, or if the Union reports that an agency shop fee in lieu of the initiation fee or a general assessment has not been paid, the employee will be subject to dismissal. The Director of Personnel shall commence dismissal proceedings by giving a Skelly Notice pursuant to the procedures set forth in this Memorandum of Understanding. An employee served with a Skelly Notice (see attachment) shall have until the return date shown in the Skelly Notice to either file the authorization card, pay the initiation fee or general assessment or otherwise show why he/she should not be dismissed. Any back pay and costs incurred by the County and its staff defending appeals from dismissal shall be reimbursed by the Union. The employee shall have thirty (30) calendar days from the mailing of the authorization cards, to fully execute the authorization card of his/her choice and return said card to the County Personnel Department. 2. An employee hired into a job class represented by the United Clerical Employees, Local 2700 on or after August 2, 1984 shall be provided through the County Personnel Department with the authorization card listed in Subparagraph 1 above. Said employee shall have thirty (30) calendar days to fully execute the authorization card of his/her choice and return said card to the County Personnel Department. 3. If cards are not returned within thirty (30) calendar days, or if the Union reports that an agency shop fee in lieu of the initiation fee or a general assessment has not been paid, the employee will be subject to dismissal. The Director :of Personnel shall commence dismissal proceedings by giving a Skelly Notice pursuant to the procedures set forth in this Memorandum of Understanding. An employee served with a Skelly Notice (see attachment) shall -have until the return date shown in the Skelly Notice to either file the authorization card, pay the initiation fee or general assessment or otherwise show why he/she should not be dismissed. Any back pay and costs incurred by the County and its staff defending appeals from dismissal shall be reimbursed by the Union. F. The Union shall idemnify, defend and save the County 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 Agency Shop Section, or action taken or not taken by the County 5 00092 under this Section. This includes but is , pot limited to the County's attorney fees and costs. G. The authorization of payroll deductions described in Subsection E shall require the employee to agree to hold the County harmless from all claims, demands, suits or other forms of liability that may arise against the County for or on account- of any deduction made from the wages of such employee. H. 1. Section 2.2 shall take effect on August 1, 1984 provided that as of July 1, 1984, a majority of all employees represented by United Clerical Employees, Local 2700, AFSCME have authorized dues deduction, or one calendar month next after the certification of a secret ballot election, in which a majority of those eligible to vote do vote to implement an agency shop fee. 2. An election to implement the provisions of this section shall not prohibit or restrict an election to rescind this section as provided for by Section 3502.5 of the Government Code. 3. All employees holding probationary or regular status in classifications included in the unit, on a date thirty (30) days prior to the holding of the election, shall be eligible to vote in such election. The ballot shall be in the following form: a. I vote in favor of the agency shop fee. b. I vote against agency shop fee. I. Non-severablity. The provisions of this section are non-severable; if any of the provisions of this section is declared to be unconstitutional or legally void or unenforceable, the entire section shall become inoperative. Upon request of the Union, the County shall meet and confer to replace such struck provision(s). J. The County Personnel Office shall furnish a complete and full list of all employees represented by the Union as soon as feasible after the execution of the Memorandum of Understanding and shall furnish, _ . . a monthly list .of all new hires to the Union thereafter. 2.3 Maintenance ,of... Membership. All employees in the Supervisory Clerical Unit who are currently paying dues to the Union and; al`l� empaoyees"in that unix . , who hereafter become members of the Union shall ` as: a- condition of continued" employment pay dues to the Union for the duration of this Memorandum of Understanding and each year thereafter_ so. long as the . Union continues to "represent the; class to r,rhich the ertloyee pis assigned, unless the employee has exercised the option to'cease' paying 'dues in accordance with Section 2.5. 2.4 Employees hired into classifications assigned to the 'Supervisory .Clerical Unit: 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 employee 6 00093 shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Employee 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 employees' 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 (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a Memorandum of Understanding, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said .authorization. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between April 1, 1985 and April 30, 1985, any employee assigned to a classification in the Supervisory Clerical Unit may withdraw from Union membership and discontinue paying dues as of the payroll period commencing May 1, 1985, discontinuance of dues payments to then be reflected in the May 10th paycheck. Immediately upon the close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicating With Employees. 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 matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The Departmena Head , reserves the right to remove objectionable materials after constrl.tation wYth the Unions w�' � ' , ng �n as �h� �:4 Representative's of the­Unibn,: not` 'o� i;muniyt'iaa11 # ermted tq place Qa supply of employee . literature at '.speeO'e locations t �n ` aunty .buildings . if ''..R c - arranged- through. the _Departme'nt Head or �des_ignated representative; said representatives may distribute employee organization T-iterature 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. r The Union shall be allowed 'access to work locations in which it represents employees for the following purposes: 7 00094 A. To post literature on bulletin boards; B. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; D. to represent an employee on a grievance, and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will .be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 Use of County Mail System. The Union may distribute materials to designated Union representatives through the County distribution channels if approved by the Personnel Director. The decision of the Personnel Director is final and not subject to the grievance procedure. This privilege may be revoked in the event of abuse after the Personnel Director consults with the Union. 2.8 Use of County Buildings. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non- work hours when: A. Such space is available and its use by the Union is scheduled twenty-four (24) hours in advance; B. there is no additional cost to the County; C. it does not interfere with normal County operations; D. employees in attendance are not on duty and are not scheduled for duty; E. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting, and see that the space is 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. _< 2.9LL 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. 8 00095 The listing of an item on a public agenda, or the, .mailing of . a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. 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. 2.10 Written Statement for New Emplp4es. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. Section 3 - No Discrimination There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation 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 dis- crimination because of age. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely. There shall be no discrimination because of Union membership or legitimate union activity against any employee or applicant for employment by the County or anyone employed by the County. Section 4 - Shop Stewards and Official Representatives 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: A. If their attendance is required by the County at a specific meeting; B. if their attendance is sought by a hearing body or presentation of testimony or other reasons; C. if their attendance is required for a meeting necessary for settle- ment of grievances filed pursuant to Section 24 - Grievance Procedure of this Memorandum of Understanding and scheduled at reasonable times agreeable to all parties; D. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; provided the meetings are scheduled at reasonable times agreeable to all parties. 9 00096 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 __*cork station -or -assignment-are_-made-with the appropriate Department Head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required. F. to attend examination appeal board hearings to assist an employee in making a presentation. 4.2 Union Representative. Official representatives of the Union shall be allowed time off on County time 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, provided that .the number of such representatives shall not exceed the below specified limits without prior approval of the Employee Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. General Clerical Services Unit - 3 Supervisory Clerical Unit - 2 Deputy Clerks' Unit - 2 Section 5 - Salaries 5.1 Effective August 1, 1984 each represented classification shall receive a five percent (5%) general wage adjustment. Female dominated classifications identified below shall receive in addition, a three percent (3%) comparable worth adjustment. The total wage adjustment shall not exceed 77 levels on the County Salary Schedule. a. General Clerical Unit - all classes b. Supervisory Clerical Unit - all classes c. Deputy Clerk Unit - all classes 5.2 Comparable Worth Task Force. The County agrees to establish a task force on comparable worth by July 1, 1984. The task force shall consist of one representative and one alternate from each organization that chooses prior to July 1, 1984 to have representation on the task force and no more than an equal number of management employees. The task force shall : 1. Review and monitor all legislation relating to comparable- worth and advise. the County on an ongoing basis of the impact of such legislation. 2. Review and monitor all decisions by Courts of Record regarding comparable worth and advise the County on the impact of such decisions. 3. Research and recommend to the County sources of revenue which can , be utilized to fund comparable worth adjustments. 10 00097 4. Analyze the County salary plan and recommend '.to the County which benchmark classifications should be included in -addressing comparable worth in the meet and confer process. The task force shall provide bi-monthly reports to the Director of Personnel and make a final recommendation no later than March 15, 1985. 5.3 If during the term of this Memorandum of Understanding the Board of Supervisors determines that monies are available for an additional wage increase, the County will meet with the Union to discuss an additional wage increase which would be effective on or after January 1, 1985. 5.4 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.5 Anniversary Dates. Except as may otherwise be provided for in deep class reso utions, anniversary dates will be set as follows: A. New Em to ees. The anniversary date of a new employee is the 'first day of the calendar month after the calendar month when the employee 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 5.5 A above. C. Transfer Reallocation and Reclassification. The anniversary date of an employee who is _transferred to anot er 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 (5) percent of the top step of the previous classification, remains unchanged. D. Reempl2yMnts. The anniversary of an employee appointed from a ..reemployment list to. t�he�.the first step_ of ;Xhe ap�pli l w range and not r..equ�r_ed to; serve a- probation -period is determi:aeclh the same way ;as: the anniversary date is.:determined for. a; new employee who is appointed 'the- same date, :classifcation and step and who then successfully completes the required probationary period. E. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified . position from outside the County's merit system at a rate above the minimum salary for the employee's new class,- or who is transferred from 11 00098 another governmental entity to this County's merit system, is one (1) year from the first day of the 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 (1) year after the first calendar daffy of that month. 5.6 Increments Within Range. The performance of each employee, except employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.5 to determine whether the salary of the employee shall be 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 denial subject to one additional review at some specified date before the next anniversary, such date to be set at the time the original report is returned. This decision may be appealed through the Grievance Procedure.. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within-range increment be granted at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within 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 make the granting of increments mandatory on the County. If an operating department verifies in writing that an adminis- trative or clerical error was made in failing to. submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.7 Part-Time -Compensation. 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 provisions of tfi-is Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the department. 5.8 Compensation for Portion of Month and Permanent Intermittent Compensation. Any employee who works less than any full calendar month, except �L +� when on :,earned vacation or authorized sick leave, shall receive as compensation fob services-an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis, which is calculated on the number of hours in the month worked plus five (5) percent above the salary step earned. 5.9 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was 12 00099 reclassified, shall be paid at the same step 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 of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.11 - Salary on Promotion. 5.10 Salary Reallocation and Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving- - nrthe range to which the class was prev.iousiy allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall 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 range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.10 A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the ..reallocation. : In- the event that the steps An 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 old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the -range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the 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, the incumbent shall be placed at the step which is next lower than the salary received in the old range. 13 0000 D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supercede Section 5.10. 5.11 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higheF salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five (5) percent, the employee's salary shall be adjusted to the step in the new range which is at least five (5) percent greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. 5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.13, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he/she has been demoted next lower than the salary received:before demotion. In the event this decrease is less than five (5) percent, the employee's salary shall be adjusted to the step in the new range which is five (5) percent less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has been demoted,all within-range increments having been granted. 5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily denotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, the new salary shall be set' at the step next below former salary. 5.14. .Transfer:.. -who is teansfer e�i�from one sition to another s, as descri'be �under Transfer shall 'be pl aced a_ . Eh� step 'i'n a salary range pof the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee 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, the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolutions, the salary of the employee shall be set as provided in the deep class resolutions at a step not to exceed a five (5) percent increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "salary on promotion' if the employee is tranferring to another class or to 14 0010 a level in a deep class for which the salary is at least five (5) percent above the top base step of the deep class level or class in which they have status currently. 5.15 Pay for Work in Higher Classification. . When an employee in a permanent posit! io n 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 Subsection 5.11 Salary on Promotion of this Memorandum, commencing on the eleventh 1 th work day of the assignment, under the following conditions: 1. 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. 2. 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. 3. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. 4. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. 5. Higher pay assignments shall not exceed six (6) months except through reauthorization. 6. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within thirty (30) days no additional waiting period will be required. 7. Any incentives (e.g. , the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. 8. During the period of work for higher pay in a higher classification, an . employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification. 9. Allowable overtime pay, shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.16 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 15 00 ( 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 emplo eels monthly salary, in which case the Auditor shall, on the twenty-fifth (25th day of each month, draw his/her warrant 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 employee'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 month . of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section, all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.17 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant. issued within forty-eight (48) 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 on or after July 1, 1984 found in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Personnel or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties., When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet with the County, a meeting will be held at which time a repayment schedule shall be determined. If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. Section 6 - Days and Hours of Work The normal work week of County employees is fort (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days; however, 16 ®003 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/her .working time shall not exceed an average of forty (40) hours per seven (7) day period throughout an operational cycle, and the Department Head shall prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. The work week for -employees in the "4-10" shift is four (4) ten (10) hour working days during a work week consisting of any seven (7) day period. If the County wants to eliminate any existing 04-10" shift and substitute a "5-8" shift or to institute a '4-10' shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift .assignment), it will meet and confer with the Union prior to implementing said new shift. Section 7 - Overtime and Compensatory Time 7.1 Overtime. Overtime is any authorized work performed in excess of forty hours per week or eight hours per day. Overtime for 04-10" shift employees is any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is earned and credited in a minimum of one-half hour increments and is compensated by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County hospital, the Sheriff's office and jails, and the juvenile hall and boys' ranch) shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory.time off at the rate of one and one-half hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this Memorandum of Understanding. The specific provisions of this accumulation are set forth in Section 12.6 of this Memorandum of Understanding. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this Memorandum of Understanding. 7.2 Compensatory Time. The following provisions shall apply: A. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Eligible employees must notify their Department Head or his or her designee of their intention to accrue compensatory time off or to receive overtime pay at least thirty (30) days in advance of the change. B. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the Department. Employees who become eligible (Le. newly hired employees, employees promoting, demoting, etc.) for compensatory time off in accordance with these guidelines must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. ' 17 00104 C. Compensatory time off shall be accrued at their to of one and one- half (1-1/2) times the actual authorized overtime hours worked by the employee. D. Employees may not accrue a compensatory time off balance that exceeds forty (40) hours (i.e., twenty-six and two-thirds (26-2/3) hours at time and one-half). Effective September 1, 1981 the compensatory time off balance shall be increased to one-hundred twenty (120) hours (i.e., eighty (80) hours at time and one-half). Once the maximum balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below one-hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one-hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D above, accrued compensatory time off balances may jiot,, exceed one 'hundred twenty (120) hours. F. Employees may not use more than. one hundred twenty (120) hours of compensatory time off in any fiscal year period (July 1 - June 30). G. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee would be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. H. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. I. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in J below. J. Since .employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, accrued comensatory time balances will be paid off at the straight time rate (two-thirds (2/3) the overtime rate) for the employee's current salary whenever: 1. the employee changes status and is no longer eligible for 18 00-31-05 compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; 4. the employee retires. K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. Section 8 - Call Back Time Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. Section 9 - On-Call Duty On call duty is any time other than time when the employee is actually on duty .'durin W ich .in employee is not required to be on County premises but stand ready toately report for duty and must arrange so that his/her superior can reach him/her on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the Department Head shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. Section 10 - Shift Differential In the hours which qualify for shift differential, employees shall receive five (5) percent above their base salary rate. To qualify for shift differential, an employee must have a regularly assigned daily work schedule which requires: A. Completion of more than one and one-half (1-1/2) 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 leave. 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 employee 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 days of each absence. 19 00-106 Section 11 - Separation Through Layoff 11.1 Grounds for Layoff. Any employee(s) having permanent status in position(s)in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). 11.2 Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. 11.3 Layoff By Displacement. A. In the same class. A laid off permanent full-time employee may displace an emp oyee in the department having less seniority in the same class who occupies permanent intermittent or permanent part- time position, the least senior employee being displaced first. B. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. 11.4 Particular Rules on Displacing. A. Permanent intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. B. A permanent full-time employee may displace any intermittent or part-time employee with less seniority 1) in the same class as provided in Section 11.3 (A), or 2) in a class of the same or lower salary level as provided in Section 11.2 (B) if no full-time employee in a class at the same or lower salary level has less seni ori ty,,thin t1 #i a oyees. C. Former permanent full-time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Personnel 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. 11.5 Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same. or higher salary levels as determined by the salary 20 107 schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent of the former class shall carry the seniority accrued in the former class into the new class. Service for layoff and displacement purposes includes only the employee's last 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 authorized if the employee is reemployed in a permanent position within the employee's layoff eligibility. Approved leaves of. absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total .time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. 11.6 EligibilitX for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, the person's name shall be placed on the Layoff list for the class of positions from which that person has been removed. 11.7 Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off or dispTa--ce-d or when demoted as a result of a layoff or displacement, or who have voluntarily demoted in lieu of layoff or displacement, names shall be listed in order of layoff seniority in the class from which laid off, displaced or demoted on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. 11.8 Duration of Layoff Rights. The name of any person laid off shall continue on the layoff list for a period of two (2), years. Persons placed on layoff lists shall be continued on the list for an additional two years if application for extension of eligibility is made before the expiration of the original period of eligibility. r'a' ,3.a e #ifcionf. fie+#Tsons Ftp �'f� sts.° .'ay6ff. `lss name s) of person(t) r .� :laid off, displaced odemoted by displacementor voluntarily demoted in lieu of layoff. When a-request for personnel is received from the appointing authority of a department, if a layoff list exists for the class, the appointing authority shall receive and appoint the eligible highest on the layoff list from that department; or in the case that there is no layoff from that department, the appointing authority shall receive and appoint the eligible highest on the layoff list. However, if an eligible so certified is rejected during probation as referenced in Section 18.7 and 18.8 and restored to the layoff list, the rejected employee will not again be certified to the department from which rejected on probation unless the appointing authority so requests. The Director of Personnel shall recommend to the Board of Supervisors that a person employed from a layoff list be appointed at the same step of that salary range the employee held on the daffy of layoff. 21 00108 11.10 Removal of -Names from Layoff Lists. The Director of Personnel may remove the name of any eligible from a layoff list for any reason listed below: A. For any cause stipulated in Section 404.1 of the Personnel Management 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 offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. E. If five certifications for permanent appointment from an open employment list, including certification to two different departments if the class has permanent positions in more than one department have failed to result in selection and appointment. F. If the eligible fails to respond to the Director of. Personnel or the appointing authority within five (5) days to written notice of certification mailed to the person's last known address. Notice shall be sent to the person affected. 11.11 Union Notification. When it appears to the Department Head and/or Employee Relations icer t at the Board of Supervisors may take action which will result in the layoff of employees in a representation unit represented by the Union, the Employee Relations Officer shall notify the Union of the possibility of such layoffs and shall meet and confer with it regarding the implementation of the action. The County agrees to give employees ten (10) work days (eight (8) work days for employees on the "4-10" workweek) notice of layoff. r s .� a ��� �, a* � �� x�b� ��y�2 B �? 9..r.��m q�' � m _. z � �� ryz'�',,p "•"�,J 22 00109 Section 12 - Holidays 12.1 The County will observe the following holidays: A. Labor Day Veterans' Day Thanksgiving Day Daffy After Thanksgiving Christmas New Years' Day Martin Luther King Jr's Day President's Daffy Memorial Day Independence Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-half (1/2) hour, and preference of. personal holidays shall be given to employees according to their seniority in their department as .reasonably as possible. No employee may accrue more than thirty-two (32) hours of personal holiday credit. On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 12.2 The following provisions indicate how holiday credit is to be applied: A. Employees on the five (5) day Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pur suant to the schedule cited above. B. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. .` . q- For all employees, if a work day falls on a scheduled holiday they ; hall-receive overtime pay or equivalent compensatory time credit. °(Holiday Credit) for working the holiday, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit. The purpose of this plan is to equalize holidays between employees on regular work schedule and those on other work schedules. If any holiday listed in Section 12.1 (A) above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1 (A) falls on a Sunday, it shall be celebrated on the following Monday. 23 001.10 12.3 Permanent Part-Time Employees shall receive' holiday credit in the same ratio to the holiday creMt given full-time employees as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full-time schedule, regardless of whether the holiday falls on the part- time employee's regular work day. 12.4 04-10" Shift - Holidays. A. Holidu Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday • for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. 12.5 09-80" Shift Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation, or leave without pay on a holiday shall be one (1) hours. 12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay at the overtime rate or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: A. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June 30), or the remainder thereof. -'B.._ . Empl'oyees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved, will be paid overtime unless they specifically request in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. :,_Hol: day time shal l be accrued . at - e; rate specified . above to a maximum of eight (8) hours worked by the employee. 'D. Accrued holiday credit may not be accumulated in excess of two hundred eighty-eight (288) working hours exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours,_ holiday time shall be paid at the rates specified above. 24 ® L E. Accrued holiday credit may be taken off at , times determined by mutual agreement of the employee and the Department Head. F. Accrued holiday credit shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. Section 13 - Vacation Leave 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6 of this Memorandum of Understanding. Vacation credits may be taken in 1/2 hour increments but may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted. 13.2 Vacation Accrual Rates. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 13.3 No employee who has been granted a leave without pay or _unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.4 Vacation Allowance for Separated Employees. On separation from County service, an employee s a e paid for any unused vacation credits at the employee's then current pay rate. 13.5 Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible. 13.6 Employees in permanent part-time and permanent intermittent positions „r shall accrue vacation benefits on a prorated basis as provided in Ordinance Code Section 36 2.0 of, Board Resolution No. 81/1165 r 25 00112 Section 14 - Sick Leave 14.1 The purpose of paid sick leave is to insure employees against loss of pay for temporary absences from work due to illness or injury. Sick Leave may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service. 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- half (1/2) hour. Unused sick leave credits accumulate from year to year. 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 the employee is reemployed in a permanent position within the period of his/her layoff eligibility. Upon retirement, an employee's accumulated sick leave shall be converted to retirement time on the basis of one day of retirement service credit for each daffy of accumulated sick leave credit. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: A. An employee may use paid sick leave credits when the employee is off work because of a temporary illness or injury. B. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board subject to the conditions listed below. For the purposes of this Section 14, permanent disability shall mean the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which he or she is qualified by reason of education, training or experience. Sick leave credits may be used under this provision only when the following requirements are met: 1. An application for retirement due to disability has been filed with the Retirement Board and 2. satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. The appointing authority may review medical evidence and order further examination as he/she deems necessary,.::and .may "terminate use of s ick; leave when such fther ezaminati-on demonstrates that 'the empl uroyee is not disabled, or when the appointing authority determines that the medical evidence submitted ' by the employee is insufficient, or where the above conditions have not been met. 26 00113 C. Communicable Disease. An employee may use paid sick leave credits i e under a physician's -orders to remain secluded due to exposure to a communicable disease. D. Sick Leave Utilization for Pregnangy PregnancyDisability. Female employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum 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 employee to the appointing authority accompanied . by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. The appointing authority retains the right to medical review of all requests for such leave. 2. If a female employee does not apply for sick 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 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, the cost of such examination shall be borne 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 employee shall be considered on leave without pay. Sick 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 date of the employee's recovery from such disability. E. Medical and Dental Appointments. An employee may use paid sick leave credits for medical and dental appointments as follows: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. for working time (not over forty (40) 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. Such use of sick leave credits shall be accounted for by the department on a fiscal year 27 0014 basis. Any balance of the forty (40) hours remaining at the end of the fiscal year shall not be carried over to the next year; departments shall notify the employee if the maximum allowance is reached. Authorization to use sick leave for this purpose is contingent on availability of accumulated sick leave credits; it is not an additional allotment of sick leave which employees may charge. F. Emergency Care of Family. An employee may use paid sick leave credits up to three ) work days per incident (unless the Department Head 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, therefore, and if alternative arrangements for the ill or injured person are immediately undertaken. G. Death of Family Member. An employee may use said sick leave credits for absence from work because of a death in the employee's immediate family, but this shall not exceed three (3) working days plus up to two (2) days of work time for necessary travel. 14.3 Administration of Sick Leave. Accumulated paid sick leave credits may not be use in the following situations: A. Vacation. For an employee's illness or injury while the employee is on vacation except when extenuating circumstances exist and the appointing authority approves. B. Not in Pay. Status, .,When the employee would otherwise be eligible to use paid sick leave credits but is not in a pay status. 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 as early as possible prior to the commencement of their work shift or not later than thirty (30) minutes thereafter if possible. Notification shall include the reason and possible duration of the absence. B. Employees are responsible for keeping their department informed of their continuing condition and probable date of return to work. C. Employees are responsible for obtaining advance approval from their appointing authority or designee for the schedule time of prearranged personal or family medical and dental appointments. The use of sick leave may be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is course for disciplinary action. To ascertain the propriety of claims against sick leave, Department Heads may make such investigations as they deem necessary. 28 00115 14.4 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee or whom the appointing authority believes to. be temporarily physically or mentally incapacitated for the performance of the employees duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense a physical, medical and/or psychiatric examination by a licensed physician and receive a report of the findings on such examination. If the examining physician recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee. is entitled other than regular salary. The Personnel Director may order _lost pay restored. for good cause and subjectto :the -employee's ,. duty ao mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this Memorandum of Understanding. E. On May 26, 1981 the Board of Supervisors established a . labor- management committee to administer a rehabilitation program for disabled employees. It is understood that the benefits specified above in Section 14 and 15 shall be coordinated with the rehabilitation program as determined by the labor-management committee. 14.5 Definition of Immediate Family. For the purposes of this Section 14 the immediate family shall be restricted to the spouse, son, stepson, daughter, 29 00116 stepdaughter, father, step-father, mother, stepmother, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, brother-in- law, daughter-in-law, or sister-in-law of an employee. 14.6 No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.7 Integration of State Disability Benefits with the County Sick Leave Benefit Program. Employees eligible for State Disability benefits and sick leave benefits for any portion of disability shall ', be required to make application for both benefits. The State Disability benefits shall be returned to the County to be credited to the employees sick leave balance on the following basis: 1. Integration with State Disability is automatic and cannot be waived. 2. The amount credited to the employees sick leave balance shall be converted to sick leave hours by dividing the amount received from State Disability Insurance by the employee's straight time hourly rate, at the time of payment, as determined by the appropriate salary schedule for the employee's class of employment. 3. If the employee is eligible for State Disability Insurance benefits, application must be made and the benefits returned to the County for sick leave credits so that the principle of integration is completed _4. In the evAnt pan poyes•; is not a el igible for sick '.Leave credits from the County, there will be no integration and the employee shall not return State Disability Insurance benefits to the County. 5. In the event an employee receives sick leave benefits for a portion of the disability period, State Disability benefits must be utilized to restore only those sick leave hours used during the period of disability. 6. Restoration of sick leave balances shall be rounded to the nearest one-half (1/2) hour. 7. In no instance will an employee be allowed to "purchase" sick leave not accrued. 8. The County will provide separate accounting for the "purchase" sick leave to insure that State Disability Insurance benefits are not taxable. 14.8 Disability_Insurance Review Committee. The County shall establish a Disabilityns� urance Review Committee consisting of one representative from each employee organization and four management representatives to review and 30 00117 recommend to the Director of Personnel the feasibility of implementing a self- funded and self-administered disability insurance program. 14.9 E to ee Annual Health Examination. Employees of the County who work in a Health ervices Department facility wil annually be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. A chest X-Ray will be required if the employee has previously had a positive reaction to a tuberculosis skin test. However employees will not be required to take X-Ray exams in excess of what is required by applicable Federal and State laws. Employees will also be requested to be screened for Rubella immunity. If the result of the Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. -If the employee has direct patient contact and refuses to become immunized, said employee will be relocated to an indirect patient contact area. Section 15 - Workers' Compensation A. Employees who leave work as a result of an on-the-job injury will have the balance of that day charged to sick leave and/or vacation accruals. This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. B. Three (3) consecutive calendar days following the last day worked constitutes a waiting period before Workers' Compensation starts. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds twenty-one (21) days. A permanent employee shall continue to receive full regular salary during any period of compensable temporary disability absence. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation under Workers' Compensation Law set forth in Division 4 of the California Labor Code. When any disability becomes permanent, the salary provided in this Section shall terminate. The employee shall return to the County all temporary disability payments received by him from any County funded wage replacement program. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which salary payments are made. The maximum period for the described salary continuation for any one injury or illness shall be one. year from the date of temporary disability. C. Continuing pay begins at the same time that temporary Workers' Compensation starts and continues until the temporary disability 31 00118 ends, or until one (1) year has expired, whichever comes first. All continuing pay under the Workers' Compensation Program will be cleared through the Personnel Office, Safety Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits. This provision applies only to injuries that have been accepted by the County as a job connected injury. D. Full Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one year, full salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary will continue to receive full salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to the employee. F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' - Compensation benefits. G. Method of Integration. An employee's sick leave and/or vacation c arges shall be calculated as follows: C = 8 (1 - (W - S)] Where C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary Section 16 - Leave of Absence 16.1 Leave Without PM. Any employee who has permanent status in the classified service may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy shall be granted in accordance with applicable state and federal law. Requests for leave without pay shall be made upon forms prescribed by the Director of Personnel and shall state specifically the reason for the request, the date when it is desired to begin the leave and the probable date of return. 32 00119 A. Leave without pay may be granted for any of the following reasons: 1. Illness or disability; 2. pregnancy; 3. to take a course of study such as will increase his/her usefulness on return to his/her position; 4. for other reasons or, circumstances acceptable to the appointing authority. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. Procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. Whenever an employee who has been granted a leave without 'any pay desires to return before the expiration of such leave, the employee shall so request of the appointing authority in writing at least fifteen (15) days in advance of the return for approval by the appointing authority. Provided, however, that less notification may be approved at the discretion of the appointing authority or his/her designee. The Personnel Department shall be notified promptly of such return. Failure to submit timely written notice may result in the employee not being permitted to return to work until the required notice period has elapsed. Except with respect to leave due to pregnancy, illness or disability, the decision of the appointing authority on granting or denying a leave of absence shall be subject to appeal to the Personnel Director and not subject to appeal through the grievance procedure set forth in Section 23 of this Memorandum of Understanding. 16.2 Military Leave. Any employee. in the merit system and who is required to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. An employee who volunteers for such service shall be granted a leave of absence if necessary in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has 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 Director of Personnel may deem necessary. 33 00120 16.3 Leave of Absence Replacement. Any permanent employee in the merit system who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and 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 - Layoff and Seniority shall apply. 16.4 Leave of Absence Return. In the Social Service Department an employee shall have the right to return to the same class, building, and assignment (position control number) if the return to work is within eighty-nine (89) consecutive days from the initial date the employee .started leave of absence. At such time the leave of absence is approved by the Appointing Authority, the Social Service Department shall notify the employee of the final date by which they shall return to be assigned to the same position control number. 16.5 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.6 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. Section 17 - Jury Duty and Witness Duty 17.1 Jury Duty. If called for jury duty in a Municipal, Superior, or Federal Court, or for a Coroner's jury, employees may remain in their regular pay status, or they may take vacation leave or leave without pay and retain all fees and expenses paid to them. If an employee is called for jury duty and elects to remain in a regular pay status and waive all fees (other than mileage allowances) received, the employee shall obtain from the Clerk or Jury Commissioner a certificate which shall indicate the days attended and the fact that fees other than mileage are waived. The employee shall furnish the court certificate to his/her department, which shall be retained as a department record. When serving jury duty in a federal court, an employee shall return all fees (other than mileage allowance) received to the County. When an employee is called for jury duty and elects to retain all fees, the employee must take vacation leave or leave without pay. No court certificate is required in this instance. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. 34 00121 Permanent intermittent employees are entitled paid jury duty leave only for those days on which they were previously scheduled to work. 17.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them, other than mileage allowance, or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g. , accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 17 of this Memorandum of Understanding. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. Section 18 - Health and Welfare, Life and Dental Care 18.1 The County will continue the existing County Group Health Plan program of medical, dental and life insurance coverage through California Dental Service, Safeguard, Occidental Life Insurance and the medical insurance .options of Kaiser-Permanente Foundation, Blue Cross of Northern California, the Contra Costa County Health Plan, I.P.M. and H.E.A.L.S. Health Plan to all permanent employees regularly scheduled to work twenty (20) .or more hours per week. . 18.2 During the term of . this Memorandum of Understanding, the County intends to seek alternatives to the Blue Cross Medical Plan by requesting that health care companies submit bids on the cost of furnishing identical or similar benefits as are provided under the Blue Cross Plan. The Union will be given an opportunity to meet and confer on the coverage afforded under such substitute plans before they are implemented. The County will contribute up to the following monthly amounts toward the existing County Group Health Plan Program. County Contribution per Category Employee per Month: Current 08/01/84 Kaiser Option Employee Only (No Medicare) No Dental $ 56.58 $ 65.18 CDS 64.98 73.98 Safeguard 64.98 73.98 Family (No Medicare) No Dental 131.32 149.32 35 00122 CDS 139.05 157.05 Safeguard 139.05 157.05 Blue Cross Option Employee Only (No Medicare) No Dental $ 80.00 $89.00 CDS 88.06 97.06 Safeguard 88.06 97.06 Family (No Medicare) No Dental 131.32 149.32 CDS 154..01 172.01 Safeguard 154.01 172.01 Contra Costa Health Plan Option Employee Only (No Medicare) No Dental $ 53.61 $ 61.48 CDS 66.08 75.08 Safeguard 63.25 71.12 Family (No Medicare) No Dental 131.32 149.32 CDS 137.31 155.31 Safeguard 137.31 155.31 H.E.A.L.S. Health Plan Option Employee Only (No Medicare) No Dental $ 68.00 $ 77.00 CDS 75.30 84.30 Safeguard 75.30 84.30 Family (No Medicare) No Dental 131.32 149.32 CDS 142.60 160.60 Safeguard 142.60 160.60 IPM Health Plan Option Employee Only (No Medicare) No Dental $ 56.05 $ 64.29 CDS 62.63 71.63 Safeguard 62.63 71.63 Family (No Medicare) No Dental 131.32 149.32 CDS 140.00 158.00 Safeguard 140.00 158.00 36 001-23 Dental Plans Only Employee Only CDS $ 14.81 $15.48 Safeguard 10.87 10.87 Family CDS 31.97 34.48 Safeguard 21.21 21.21 All rates shown above include life insurance coverage. The rates effective 8/1/84 are based on the County contributing up to a maximum of nine additional dollars ($9.00) per month for a single subscriber and up to eighteen additional dollars ($18.00) per month for a subscriber with dependents. 18.4 Medicare Rates. 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 Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. Any increase in the Health Plan costs that occur during the duration of this Memorandum of Understanding shall be borne by the employee. 18.4 Partial Month. The County's contribution to the Health Plan premium is payable for any. month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the Health Plan for the month in which compensation is paid. 18.5 Coverage During Absences. An employee who is on approved leave of absence may convert to individual Health Plan coverage within thirty (30) days of the commencement of leave. Employees shall be allowed to maintain their Health Plan coverage at the County group rate for twelve (12) months if on approved medical leave of absence provided that the employee should pay the entire premium (i .e. , both employer and employee share) for the Health Plan during said leave. Said payment shall be made by the employee at a time and place specified by the County. Late payment shall result in cancellation of Health Plan coverage. An employee who terminates County employment who has earned compensation for actual time worked or is credited for time worked through vacation or sick leave accruals, is only covered through the month in which he is credited with compensation. An employee who terminates County employment may convert to individual Health Plan coverage. 37 00124 18.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immedately before their retirement they are either active subscribers to the County Health Plan or if on authorized leave of absence without pay they have retained individual conversion membership from the County plan. 18.7 Dual Coverage. If a husband and wife both work for the County and one of them is aid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within . thirty (30) days of the date coverage is no longer afforded under the spouse's plan. Section 19 - Probationary Period 19.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. This period shall be from six (6) months to two (2) years duration. 19.2 Listed below are those classes represented by the Union which have . - probation periods in excess of six (6) months. Stenographer Clerk Trainee - one (1) year 19.3 When the probationary - period for :a . class is changed, onlynew appointees to. positions, in :the classificat.i:on -shall .be subject to:, the revised . probationary period. ' ` i -, -;. -' ,. _:� f.. a$., _' o � � a .•_ a �/. ;`r'�' �c o„ G �;, tau ° e 4.,-- The probationary period shal ­d .fro i .the time of appointment, toe a; � - permanent.. position= after certification from .,an eligible list. It shall ..not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a six (6) months probation period, probation will be considered completed upon serving one thousand (1,000) hours after appointment except that in no instance will this period be less than six (6) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full-time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 19.5 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious or union activities, or race, color, national origin, sex, age, handicap, or sexual orientation. 38 00125 B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Personnel to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in .Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal , it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 19.6 Regular ointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Personnel receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment.,.- A�.pr6bat.i.onary employee. may be rejected at any time during. the probation period without regard tblthe .Skelly-_pxovisions ©f chis Mem raradum .of Understanding, withot�t` rrot .ce and without.rJght..ofo.appeal - =appo.�nftin9:au,thor�t�y��p, >tz° ast y;:retcrrriec�,:the prba*ion reor�,a ardbaiiarary.enl:aye$may t` eje�cte �q - - `- froom he serv.ice: r"vithin' r aso able ime �after _the`probat�on per}�o Or fa�'1'eri6'= � to pass probation. The appointing authority shall attempt to . give a probationary employee five (5) days notice 'of said rejection. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the Memorandum of Understanding, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. - A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified 39 00 .26 unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Personnel .Director whose decision is final. The Director of Personnel shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 19.7 La off DurinR Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required # complete only the balance of the required probation. If reemployed in another department or in another classification, the employee b shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject- to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from"a layoff or reemployment list is not subject to a probation perto.q if . the position is in the department from which the employee separated, ' displaced lr voluntarily demoted in lieu of layoff. 19.8 Rejection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. Section 20 - Promotion 20.1 Promotion shall be by competitive examination unless otherwise provided in this Memorandum of Understanding. 20.2 Promotion__Policy_. The Director of Personnel , upon request of an appointing autho ty,—shall determine whether an examination is to be called on a promotional basis. 20.3 Open Exams. If an examination for one of the classes represented by the . Union is proposed to be announced on an open only basis, the Director of Personnel shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 20.4 Promotion via Reclassification without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: A. An evaluation of 'the positions(s) - in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. 40 0012' B. The incumbent of the position must have performed at the higher level for one (1) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. D. The action must have approval of the Personnel Director. E. The Union approves such action. F. Except in unique situations approved by the Personnel Director, the employee must have passed the examination, if any, for the classification and be on the eligible list. The appropriate rules regarding probationary status and salary on promotion are applicable. 20.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who. is qualified on a promotional employment list is separated from the merit ' system, except by layoff, the employee's name shall be removed from the promotional list. 20.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits,, of seventy (70) percent or more shall receive, in addition to all other credits, five one-hundredths of one ( .05) percent for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five (5) percent credit for seniority in any promotional examination. 20.7 If a department denies an employee's request for reclassification or reassignment to a higher (not, flexibly staffed) level in a deep class or to other classes represented by the Union, upon request of the Union, the denial will be reviewed by the Personnel Director and appointing authority. The decision of the Personnel Director .shall be given to the Union in writing within sixty (60) days of the request of the review. 20.8 Permanent employees shall be granted release time from work without loss of pay to take County promotional examinations or take interviews for a County promotional position provided the employee gives the Department sufficient notice of the need for time off. 41 00128 Section 21 - Transfer 21.1 The following conditions are required in order to qualify for transfer: A. The position shall be in the same class, or if in a different class shall have been determined by the Director of Personnel to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; B. the employee shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; D. the employee concerned shall have indicated agreement to the change in writing; E. the Director of Personnel shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 21.2 Any employee or appointing authority who desires to initiate a transfer may inform the Director of Personnel in writing of such desire stating the reasons therefore. The Director of Personnel shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. 21.3 The Personnel Director will send to all departments an updated transfer list on a monthly basis. 21.4 Reassignment of Work Location. Employees desirous of reassignment to a position in the same classification at another work location shall submit a request for reassignment in writing to the Department Head. When openings occur in various work locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of employee's residence from desired work location and relative length of service of the applicants for a particular location. The Department Head or designated representative shall make the sole determination as to assignment of personnel, except as otherwise provided in the supplemental sections of this Memorandum of Understanding. This provision applies to intradepartmental reassignments only. In no event shall reassignments be utilized for disciplinary purposes. 21.5 Qepartmental Transfer.'Agreements. The agreements between the Union and the Probation' Department, Social Service .Department, Sheriff's Department and Health ` Services Department concerning transfer procedures for clerical workers covered by this Memorandum of Understanding shall remain in full force and effect during the duration of this Agreement. 42 00129 Section 22 - Resignations An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Personnel Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Personnel Department and shall indicate the effective date of termination. 22.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive Resignation. A constructive resignation occurs and is effective when: A. An employee has been absent from duty for five (5) consecutive working days without leave; and B. five (5) more consecutive working days have elapsed without response by employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 22.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 22.4 Revocation. A resignation that is effective is revocable only by written concurrance of the employee and the appointing authority. 22.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Personnel and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing. authority's acknowledgement without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Personnel waiving the employee's right of appeal to the Merit Board in favor 43 00.x.30 of the employee's appeal rights under the grievance procedure contained in Section 24 of the Memorandum of Understanding beginning with Step 3. D. Disposition. If a final decision is rendered that determines that tie resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. 22.6 Eligibility for Reemployment. Within one (1) year of resignation in good standing from County service, a person who has had permanent status which included satisfactory completion of probation may make, application by letter to the Director of Personnel for placement on a reemployment list as follows: the class from which the person resigned; or any one class of equal or lesser rank in the occupational series and in which the person had previously attained permanent status; or for any class or deep class which has replaced the class in which the person previously had status, provided that the person meets the minimum requirements for the new class. If the appointing authority of the department from which the person resigned recommends reemployment the Director of Personnel shall grant reemployment privileges to the person. Consideration of names from a reemployment list is mandatory if the appointing authority recommended reemployment of the individual(s) listed but is optional for other appointing authorities. Names may be removed from reemployment lists in accordance with the provisions of Section 11.10 of this Memorandum of Understanding. Section 23 - Dismissal, Suspension and Demotion 23.1 The appointing authority may dismiss, suspend, or demote, any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned: 1. absence without leave, 2. conviction of any criminal act involving moral turpitude, 3. conduct tending to bring the merit system into disrepute, 4. disorderly or immoral conduct, 5. incompentence or inefficiency, 6. insubordination, 7. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, 8. neglect of duty, i.e. non-performance of assigned responsibilities,' . 9. negligent or willful damage to public property or waste of public supplies or equipment, 10. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, 11. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, 12, material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, 44 00131 13. misappropriation of County funds or property, 14. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this Memorandum of Understanding, 15. dishonesty or theft, 16. excessive or unexcused absenteeism and/or tardiness. 17. sexual harassment, including but not limited to' unwelcome sexual advances, requests for sexual favors, and other verbal , or physical conduct of .a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual , or unreasonably interfering with an individual 's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice) . Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (four (4) work days for employees on "4-10" work week), demote or nreduce in salary any employee, the appointing authority shall cause to be served - personally or by certified mail on the employee, a Notice of Proposed Action, which shall contain the following: A. A statement of the action proposed to be taken. B. A copy of the charges, including the acts or ommissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. D. A statement that the employee may review and request copies of materials upon which the proposed action is based. E. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 23.3 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 23.4 Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator; -an adjustment board or the Merit Board. The thirty (30) day limit does not apply to suspension due to pending criminal charges as provided in 23.5 below. 45 0©132 23.5 Notice of Suspension Without Pay Due to Pending Criminal Charges. Before suspending an employee due to pending criminal c arges, t e appointing authority shall cause to be served either personally or by certified mail, on the employee, a Notice of Suspension Due to Pending Criminal Charges, which shall contain the following: A. A statement that the employee is suspended while criminal charges are pending or until the charges are dismissed. B. A statement of the charges upon which the suspension is based and of the facts by which such charges adversely affect the County service or conflict with continued employment. C. A statement that the employee may respond to the appointing authority either orally or in writing within seven (7) calendar days. D. A statement that disciplinary action may be taken after disposition of the charges. E. The. Notice of Suspension Due to Pending Criminal Charges may include a Notice of Proposed Action (Skelly Notice) under Section 22.2. F. An appointing authority, upon giving notice as provided in this Section 22, may immediately suspend without pay an employee against whom there is pending a criminal charge which adversely affects the County service or conflicts with continued employment. Pending criminal charges exist when an employee has been arrested or has been named a defendant in a criminal complaint or indictment filed in any court. G. The Personnel Director may order lost pay restored for good cause, and subject to the employee's duty to mitigate damages, but not if the employee 1) is given a Notice of Proposed Action (Skelly Notice) and 2) is dismissed or otherwise disciplined for cause directly related to the charges within fourteen (14) calendar days after the appointing authority has knowledge of final disposition of the charges. 23.6 Procedure on Dismissal, Suspension or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B.—Service of, Order. . Said order :of,dismissal,. suspension,, or demotion. shall be filed with the Director of Personnel, ' showing .by whom..,and _._,.. ..: the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the 46 00133, employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal , suspension or demotion either to the Merit Board or through the procedures of Section 24 - Grievance 'Procedure of this Memorandum of Understanding provided that such appeal is filed in writing with the Personnel Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 24 of this Memorandum of Understanding. Section 24 - Grievance Procedure 24.1 A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any County official shall be final , the interpre tation or application of those provisions not being subject to the grievance procedure. The Union may represent- the employee at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurance about which the employee claims to have a grievance and shall be processed in the following manner: A. Step 1. Any employee or group of employees who believes that a provision of this Memorandum of Understanding has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the employees immediate supervisor, who shall meet with the employee within five (5) days of receipt of a written request to hold such meeting. B. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within five (5) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the Memorandum of Understanding has been misinterpreted or misapplied, how misapplication or misinterpretation has affected him or her to his or her detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Personnel . The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within ten (10) work days to the Personnel Director. The Personnel Director or his or her designee shall have twenty-five (25). work days in which to investigate, the merit of the. .-complaint and to ;.meet- with -the. _.. ..,._,. . .. Y Department Head and theemployee and_ attempt :to sett :e the grievance. 00134 47 D. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Paragraph C above and filed within seven (7) work days of the written response of the Personnel Director 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 Memorandum of Understanding, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request. E. Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the employee (or the County, when alleging a violation of Section 24.6 below) may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Personnel Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) days of the request for arbitration the parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 24.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No adjustment Board and 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 unless such dispute falls within the definition of a grievance as set forth in Subsection 24.1 above. C. Proposals to add to or change this Memorandum of Understanding or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, 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 an arbitrator shall have the y .power to amend or modify this Memorandum of Understanding or written agreements supplementary hereto or to establish any new terms or conditions of employment. 48 00-.35 D. If the Personnel Director in pursuance of the procedures outlined in Subsection 24.1 (C) above, or the Adjustment Board in pursuance of the provisions of Subsection 24.1 (D) 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. E. No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 24.3 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 an employee fails to meet the time limits specified in Steps 1 through 3 above, the grievance will be deemed to have been settled and withdrawn. 24.4 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. 24.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be filed in writing with the Personnel Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. 24.6 No Strike. During the term of this Memorandum of Understanding, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refusal to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line 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. 49 00136 24.7 Merit Board. A. All grievances of ei.mployees in representation units represented by the Union shall be processed under Section 24 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Paragraph A, D and E of Subsection 24.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Boar,:, or if the complaint or grievance is pending before the Merit Boarj+. 24.8 The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a Provision :f this Memorandu^ of Understanding. 24.9 Disputes over whether a grievance exists as defined in Section 24.1 shall be resolved through the grievant:: procedure. 24.10 If disqualified from taking an examination, an employee may utilize the appeal process specified in the Personnel Management Regulations for employees disqualifies: frortaking an examination. Section 25 - Bilingual Pav A salary differential of forty dollars (540.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Personnel . Said differential shall be prorated for employees working less than full-time and/or who are on an unpaid leave of absence for portion of any given month. Designation of positions for which bilingual Droficiencv is required is the sole prerogative of the County. The Union shall be notified -hen such designations are made. Section 25 - Retirement Contribution Pursuant to Government Code Section 31581 .1, the County will continue to pay fifty (50) percent of the retirement contributions normally required of employees . Such Day lents shall continue for the duration of this Memorandum of Understanding, and shall terminate thereafter. Employees shall be responsible for payment of the emalovees ' contribution for the retirement cost of living program as determine:: by the Board 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 (1/2) of the retirement cost-of-living Drogram contribution. Section 27 - Reimbursement 27.1 The County Administrative Bulletin on Training shall govern reimbursement for trait,,ing and shall continue to limit reimbursement for career development training to two hundred dollars ($200) per semester or one hundred fifty dollars ($150) per quarter, not to exceed six hundred dollars (5500) per year, except as otherwise provided in the supplemental sections of this Memorandum of Understanding. 50 00137 27.2 Personal Property Reimbursement. The loss or damage to personal property of employees is subject to reimbursement under the following conditions: 1. The loss or damage must result from an event which is not nor- mally encounted or anticipated on the job and which is not subject to the control of the employee. 2. Ordinary wear and tear of personal property used on the job is not compensated. 3. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. 4. The loss or damage must have occurred in the line of duty. 5. The loss or damage was not a result of negligence or lack of proper care by the employee. 6. The personal property was necessarily worn or carried by the employee in order to adequately fulfull the duties and requirements of the job. 7. The loss or damage to employees eyeglasses, dentures, or other prosthetic devices did not occur simultaneously with a job connected injury covered by worker's compensation. 8. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but _ not more than the original cost. 9. "The burden of proof of loss rests with the- employee. 10. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to the Personal Property. 50.1 00138 Section 28 - Classification Existing classes of positions may be abolished or changed and new classes may be added to the classification plan by the Director of Personnel subject to approval by the Board of Supervisors. The County will offer to meet and confer with the Union on the minimum qualifications and salary of new classes and on any proposed changes in the minimum qualifications ' in current classes represented by the Union. If the County wishes to add duties to classes represented by the Union, the Union shall be notified and upon request of the Union, representatives of the County will meet and consult with the Union over such duties. Section 29 - Safety The County shall expend every effort to see to it that the work performed under the terms and conditions of this Memorandum of Understanding is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. The Union may recommend safety guidelines, regulations, training programs and necessary corrective actions concerning conditions associated with the work environment. Representatives of the Union may want to discuss with . certain Department Heads the participation of the employees . it represents on existing departmental safety committees. If a Department Head agrees, the Union may designate a representative to participate in any established Safety Committee. An employee designated by the Union may participate on each of the established district safety committees within the Department of Social Services. 50 .2 00139 Section 30 - Mileage 30.1 Mileage Reimbursement Rate. Effective August 1, 1979 mileage allowance for the use of personal vehicles on County business shall be paid according to the following per month formula: 1 - 400 miles $ .22 per mile 401 - plus miles .16 per mile The above rates shall be adjusted to reflect an increase or decrease in the cost of gasoline which shall be determined as provided below on the basis of the average price for "gasoline, all types" per gallon as listed in Table 5, "Gasoline Average Prices per gallon, U.S. City Average and Selected Areas" for the San Francisco-Oakland California area published by the Bureau of Labor Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy Report". The above mileage rates shall be increased or decreased by one cent (1�) for each fifteen cents (15�) increase or decrease in the base price for gasoline which shall be defined as_ the average price of gasoline per gallon for July, 1979, as published in the Energy Report. Any such rate increase or decrease shall be effective the first of the month following publication of the index. The above formula rates include price increases reported since July, 1979;. The mileage rate increase or decrease based on the Energy Report shall be contingent upon the continued availability of the official monthly Energy Report in its present form and calculated on the same basis unless otherwise agreed upon by the parties. 30.2 Mileage Reimbursement Policy. Mileage from an employee's home to the normal work location is not reimburseable. The normal work location is the location to which an employee is regularly assigned. An employee with more than one (1) normal work location shall be reimbursed for the mileage traveled in the same work day between those work locations. When an employee is temporarily reassigned to a different work location, mileage will be reimbursed in excess of the normal mileage between the employee's home and the regular work location... . Section 31 - Flexibly Staffed Positions The County shall continue to provide for flexible staffing and departmental certification for all positions in the following classes: Beginning Level Clerk to Experience Level Clerk, Account Clerk I to Account Clerk II, and Deputy Clerk I to Deputy Clerk II. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to promote an employee on the first of the month when eligible, said appointment shall be made retroactive to the first of the month when eligible. An employee who is denied a promotion to a flexibly staffed position may appeal such denial to the Merit Board. 31.1 Typist Clerk Trainee. Typist Clerk Trainees may be flexibly staffed promoted upon completion of the six (6) months probationary period and 51 00140 successful completion of the typing proficiency exam administered monthly by the Personnel Department. Typist Clerk Trainees shall be provided with on the job training and work release time for clerical skills training. Typist Clerk Trainees may take each typing proficiency exam given after the employee begins work until he/she passes. 31.2 Stenographer Clerk Trainee. Stenographer Clerk Trainees may be flexibly staff promoted upon completion of six (6) months service and upon successful completion of the typing and stenography proficiency exams administered monthly by the Personnel Department. The probationary period for Stenographer Clerk Trainee is one (1) year. Stenographer Clerk Trainees shall be provided with on the job training and work release time for clerical skills training. Stenographer Clerk Trainees may take each proficiency exam given after the employee begins work until he/she passes. Section 32 - Meal Periods A. Meal Periods. Representatives of the Union may discuss varying meal periods (e.g. one-half (1/2) hour versus a one (1) hour meal period), with certain Department Heads. Any change in the meal period agreed to by the Union and Department Heads must have final approval from the County Administrator. Section 33 - Performance Evaluation In those instances when there is a written performance evaluation of an employee and the employee is requested to sign the evaluation, the employee shall receive a copy of the evaluation if she/he so requests. Section 34 - Disciplinary Actions oIf the employee so requests in writing, a copy of any written disciplinary action affecting an employee shall be furnished to the Union. Section 35 - Personnel Files Each department shall maintain only one official personnel file per employee. Employees shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Personnel Department. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the regular business hours of the County. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to the employee who shall have the. right to respond in writing to said documents. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he or she disagrees.. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. 52 0011, 4.1 This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Employees have the right to review their official personnel files which are maintained in the Personnel Department or by their department. In a case involving a grievance or disciplinary action, the 'employee's designated representative may also review his/her personnel file with specific written authorization from the employee. Section 36 - Service Awards The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. Section 37 - Flex-Time It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to clerical employees as well . as other County employees. Nothing contained in this Memorandum of Understanding prohibits the Department Head from implementing a flex-time system for clerical employees. The Department Head prior to implementation shall discuss the implementation of any flex-time system involving employees represented by the Union with the Union. Then the department shall determine if the said flex-time is feasible following a trial period and then shall submit the plan to the County Administrator for approval . Upon written request to the Employee Relations Officer, the Union may request to meet with a Department Head for the purpose of proposing an alternate flexible work schedule. Section 38 - Data on Vacant Positions The County agrees to continue investigating the feasability of instituting a data processing system to provide current data on available vacant positions within the clerical series. Section 39 - County Library Employees 39.1 Evening Differential . Employees employed at the County Library shall receive a five 5 percent base pay salary differential for all scheduled hours worked between 6:00 p.m. and 9:00 p.m. 39.2 Saturday Differential . Employees in the Library Unit who are scheduled to work Saturday shall receive a five (5) percent base pay salary differential for all hours worked on such Saturday, said five (5) percent differential shall not apply to any overtime hours worked on Saturday. 39.3 Library. Library employees in 1984 shall observe the day before Christmas in lieu of the day after Thanksgiving. 53 �0L Section 40 - Unfair Labor Practice Either the County or the Union may file an unfair labor practice as defined in Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. Section 41 - Length of Service Definition (for service awards & vacation accruals The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence) . When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position, service credits shall include all credits accumulated at time of separation, but shall include the period of separation. The Personnel Director shall determine these matters based on the employee status records in his/her department. Section 42 - Permanent Part-Time Employee Benefits Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty (50) percent of full time. If the employee works at least fifty (50) percent of full time, County retirement participation is also included. Section 43 - Permanent Intermittent Employee Benefits Permanent intermittent employees are eligible for prorated vacation and sick leave benefits. Section 44 .-. Permanent Intermittent Health Plan A permanent intermittent employee represented by the Union may participate in the County Group Health Plan of medical , dental and life insurance coverage 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 and reinstatement may only be effectuated during the annual open enrollment period. Section 45 - Provisional Employee Benefits Provisional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are .eligible for vacation and sick leave benefits. Provisional employees may participate in the County Group Health Plan of medical , dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee 54 OOJ43 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 and reinstatement may only be effectuated during the annual open enrollment period. Section 46 - Word Processing Differential Employees who are assigned primary responsibility for the operation of word processing machines such as mag-card machines, minicomputers with word processing software, video display typewriting equipment or other equipment attached to a typewriter or printer with external storage capacity and utilized in the transformation of words and/or ideas into readable form shall receive a differential of $50.00 per month. This differential shall be pro-rated for permanent part-time and permanent-intermittent employees. Section 47 - Hazard Pay & Stat-Call A. Hazard Pay. Employees who work in the following designated areas shall receive a five (57 percent base pay salary differential for each hour worked in the hazardous area provided, however, that in the event the conditions in these areas are improved so that the hazardous conditions no longer exist such differential will no longer be applicable. 1. Animal Services Department 2. Reception Center of the County Hospital 3. Mental Health Screening Unit of the Health Services Department 4. Conservatorship Office in Martinez 5. Evening Reception for the A.I .R.S. program at the Richmond Clinic 6. Employee who accompanies medical staff into inmate areas of the County Detention Facility B. Stat-Call . A ten (10) percent base pay salary differential shall be paid for those shifts on which employees in classifications represented by Local 2700 are specifically assigned by the administration to respond to emergency "stat-calls" if said employees do not qualify for other hazard assignment differential . A five (5) percent base pay salary differential shall be paid for those shifts in which said employees are specifically assigned to respond to emergency "stat-calls" if said employees qualify for other hazard assignment differential , said five (5) percent to be in addition to the "hazard pay differential ." It is understood that acceptance of the assignment to "stat-call" is voluntary. Additionally, acceptance of the assignment to "stat-call" is conditinal on an employee(s) having successfully completed required training. It is further understood that the above referenced salary differential is based on an employee(s) actually being assigned to "stat-call". 55 00144 Section 48 - Classification Studies Upon receipt of the appropriate P300 as submitted by the operating department and approved by the County Administrator's Office, the County agrees to conduct a review of the following classes or specific positions within a class for the purposes indicated. The County shall make its findings known to the Union no later than the dates indicated for each study unless extended by mutual consent of both parties, without obligation of the County to take action based upon the results of the study. During the course of these studies, the County shall review any information submitted by the Union relevant to such studies: Class(es) and/or Position(s) Issue Date to be Completed Account Clerk I, II, III To study the feasability October 1, 1984 of creating a deep class. Supply Clerk To determine proper assign- January 1, 1985 ment of positions. Library Clerk To determine proper assign- November 30, 1984 ment of positions. Section 49 - Sheriff' s Department Shift and Holiday Agreement The agreement between the Union and the Sheriff's Department concerning shift assignments and holiday coverage in the Services Division shall remain in effect for the duration of this agreement. Section 50 - Meals 50.1 Hospital-Holiday Meals. Employees represented.,- by the -Union who are employed at the County Hospital*- and who :are required . to work- oni Thanksgiving,, Chri stmas or New Year'swi 11 . be provided a free meal , in thq,",Hos.pi;t`al :��feter.i a -.--at no _cost to the employee. 50.2 Detention Facility Meal Charges. Effective February 1, 1983, the charge for a meal purchased by employees assigned to a Sheriff's detention facility is $1.00. In consideration of this increased meal charge, the County agrees to issue a "one-time payment" to eligible employees represented by the Union who are assigned to a detention facility on June 30, 1983 in accordance with the following timetable: A. Employees assigned to a Sheriff's Department Detention Facility continuously for six (6) calendar months (180 days) or more on June 3031 1983 - $200.00. B. Employees assigned to a Sheriff's Department Detention Facility continuously for three (3) or more calendar months (90 days) but less than six (6) calendar months on June 30, 1983 - $100.00. 56 00145 C. Employees assigned to a Sheriff's Department Detention Facility for less than three (3) calendar months (90 days) on June 30, 1983 are not eligible for any payment. The County further agrees to issue the above referenced payments to eligible employees as soon as possible following the completion of necessary paperwork by the Sheriff's Department and the Office of the Auditor-Controller, but in no event later than October 1, 1984. Section 51 - Adoption The provisions of this Memorandum of Understanding 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 these provisions. It is understood that where 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. Section 52 - Duration of Agreement This Agreement shall continue in full force and effect from July 1, 1983 to and including June 30, 1985. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior .to sixty (60) days from the aforesaid termination date of its intention toamend, modify, or terminate the Agreement. Section 53 - Scope of Agreement and Separability of Provision 53.1 Scope of Agreement. Except as .otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitues the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither �= p'artysh(all , during the term of iethi�q Memorandum of Understanding demand any iotllng-herein sh`�,ll prohibit the parties froma) rrr prVi changing the terms of this Memorandum of Understanding by mutual agreement. 53.2 Separability of Provisions. Should any section, clause or provision of this Memorandum of Understanding 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 Memorandum of Understanding. 53.3 Personnel Management Regulations. Where a specific provision contained in a section of this Memorandum of Understanding conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this Memorandum of Understanding shall prevail . It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the .provisions of this Memorandum of Understanding or deal with matters not within the scope of representation and as such remain in full force and effect. 57 00146 Section 54 - Past Practices and Existing Memoranda of Understanding Continuance of working conditions and past practices not specifically authorized by ordinance or by resolution of the Board of Supervisors is not guaranteed by this Memorandum of Understanding; provided, however, that only during the term of this Memorandum of Understanding which expires June 30, 1985, the Union may claim a violation of a past practice. If the Union can demonstrate that such past practice exists by virtue of having been acknowledged and agreed to by Management and representatives of the Union or by employees represented by the Union who reach agreement with a Department Head on a specific policy covering a group of employees such as a reassignment policy, the alleged violation of said past practice will be subject to the grievance procedure. Those practices which have been agreed to by Management and not approved by the Department Head must be confirmed and approved by the Department Head within six (6) months from the below execution date of this Memorandum of Understanding in order to be con- sidered a past practice pursuant to this provision. Date: UNITED CLERICAL EMPLOYEES, LOCAL 2700, CONTRA COSTA COUNTY AFSCME, AFL - CIO By By tie - T By -}�<.. ;�. s By �-� By r By By By By By�� By By -, By By 00147 ATTACHMENT A PROJECT POSITIONS United Clerical Employees, AFSCME, Local 2700, and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for e- ployees in project classes which, except for the project designation, would be represented by United Clerical Employees, AFSCME, Local 2700. For example, Clerk is represented by United Clerical Employees, therefore, it has been agreed that Clerk-Project will also be represented by United Cllerical Employees. Other project classes that are not readily identifiable as properly included in baraainino units represented by United Clerical Employees shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of Board Resolution 6111165. The Union ani the county understand that the meet and confer process with respect to the conditions . of employment for project classifications is unique . and, therefore, differs from other regular classes represented by United Clerical Employees in the following respects. 1 . Project employees are not covered by the Merit System; 2. project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse .to the grievance procedure specified herein; 3. any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. 59 00148 ATTACHMENT B CLASS & SALARY LISTING GENERAL CLERICAL SERVICES UNIT CLASS LEVEL SALARY RANGE CLASS TITLE JCWA . C5 - 0964 . 1191 . 00 - 1448.00 . . ACCOUNT CLERK 1 JOW! . C5 0964 . 1191. 00 - 1449 .00 . . ACCOUNT CLERK I - PROJECT JGVA . C5 - 108C . 1338. 00 - 1626.0C . . ACCOUNT CLERK II JO V1 . C5, - 1080 . 1338. 00 - 1626.00 . . ACC OUNT CLERK II - PR JJEC T J GTA . C5 - 117: . 1471 . 00 - 1788.00 . . ACCOUNT CLERK III JCT1 . C5 - 117 `, . 1471 .00 - 1788.00 . . ACCOUNT CLERK III - PRCJECT J071 C5 - t' 8-3C 1011. 00 - 1229.0:: . . ACCOUNT CLERK TRAINEE - PROJECT JC7A . C5 - 1267 . 1E13 . 00 - 1560. 00 . . ACCOUNTING TECHNICIAN J9SB . C5 - 124-2 . 1573. 00 - 1912.00 . . ASSISTANT SOCIAL SERVICE CLERICAL SPEC .JWXF . C5 - 0, 24 . 986 .00 - 1259. 00 . CLERK - BEGINNING LEVEL JVV 3 . C- 5. - 0775 . 456 .00 - 1199.00 . CLERK - PROJECT JWXB . C5 - 0964 . 0 1191 .00 - 1448.00 . . CLERK-EXPERIEN. ED LEVEL JWXC . C5 - 1097 . 1347. 00 - 1637. 00 . CLERK-SENIOR LEVEL JaxC . C 5 - 115v 1448 .00 - 1760.00 . . CLERK-SENIOR LEVEL LE AG SPECIALIST LAWC . C5 - 1014 . 1259. 00 - 1530.00 . . DATA CONTROL CLERK J4 WA . C5 - :922 . 1142. OC - 13R9.03 . . DATA ENTRY OPERATOR I J4VA . C5 - 1015 . 1259. 00 - 1530. 00 . . DATA ENTRY OPERATOR 'II JGV2 . C5 - 2C 64 . 1191 . 00 - 1445. 00 . . INTERMEDIATE CLERK - PROJECT 13VA . ;. 5 - i013 . 1251. 00 - 1521.0 . . INTERMEDIATE STENOGRAPHER CLERrc J3 V? . C ` - 1013 . 1251 .00 - 1521. 00 . . INTERMECIATE STENOGRAPHER CLERK - PROJ J1iV1 . C5 - 0,364 . 1191 .00 - 1446. 00 . . INTERMEDIATE TYPIST CLERK - PROJECT J9T1 . C5 - 10-871 . 1347. 00 - 1637. 00 . . LEGAL SERVICES CLERK - PROJECT 31( w8 . ' 51 - 0824 . 1036.00 - 1259. 00 . . LIBRARY CLERK 3KW1 . C5 - C824 . 1C36. 00 - 1259. 00 . . LIBRARY CLERK - PROJECT VNT3 . C5 - 1172 . 1467.00 - 1783.00 . . MEDICAL RECORD TECHNICIAN J9*C . C5 - 1064 . 1317 . 00 - 1600. 03 . . MEDICAL TRANSCRIBE VM C5 - 1159 1448.00 - 1760.00 ppatien F'n n 11 Services Sp ecialist J9Wc . C5 - i05o 1336.00 - 1563.00 RECO4 A�L � CUMENTS EXAMINER J9WA . C5 - 0524 . 1036. 00 - 1259.03 . . 3 EASONAL CLERK J3 TE) . T5 - 3943 . 1257. 00 - 1912.00 • . SECRETARY (DEEP CLASS 1 J3T3 . C5 - 1087 . 1347. 00 - 1637.00 . . ' SECRETARY I - PROJECT JNT1 . C5 - 1.087 . 1347. 00 - 1637. 00 . . SENIOk CLERK - PROJECT JP TA . C 5 - 1159 . 1448 . 00 - 1763.00 . . SHERIFF ' S PROCESS C LE Rk J?wA . C 5 - 09-34 . 1122 . 00 - 1364.00 . . STENOGRAPHER CLERK 00,149 CLASS & SALARY LISTING GENERAL CLERICAL SERVICES UNIT CLASS LEVEL SALARY RANGE CLASS TITLE J3w1 . f5 - 0904 . 1122 .00 - 1364.00 STENOGRAPHER CLERK - PROJECT J37A . C5 - 0809 . 1020.00 - 1240. 00 STENOGRAPHER CLERK TRAINEE 94SA . C5 - 1175 . 1471 .00 - 1788. 00 . . TELECOMUNICATIONS CLERICAL SPECIALIST Jwwl . C5 - 0824 . 1036.00 - 1259. 00 . . TYPIST CLERK - PROJECT Jw7A . C5 - C775 . 986.00 - 1199.00 . . TYPIST CLERK TRAINEE Jw71 . C5 - 0775 . 986. 00 - 1199. 00 . . TYPIST CLERK TRAINEE-PROJECT Q0 -1 ® CLASS & SALARY LISTING EPUTY CLERKIS UNIT _ASS LEVEL SALARY RANGE CLASS TITLE JFN2 . C5 — 137Z . 1791. 00 — 2177.00 . . DEPUTY CLERK — COURTROOM CLERK JPkl . C5 — 0824 . 1036o00 — 1259.00 . . DEPUTY CLERK I JFV1 . , C5 — 0964 . 1191. CC — 1448.00 . . DEPUTY CLERK II JP71 . C5 — 1159 . 1448. 0:: — 1760.00 . . DEPUTY CLERK III JPV3 . C5 — 1023 . 1264. 00 — 1536. 00 . . DEPUTY CLERK—CRIMINAL PROCESS JPk2 . C5 — 0922 . 1142 .00 — 1389.00 . . DEPUTY CLERK—DATA ENTRY OPERATOR I JFV2. . C5 — 1019 . 1259.00 — 153C. 00 . . DEPUTY CLERK—DATA ENTRY OPERATOR II 00151 CLASS & SALARY LISTING SUPERVISJRY CLERICAL UNIT CLASS LEVEL SALARY RANGE CLASS TITLE VNTC . C5 - 1312 . 1697. 00 - 2050.00 . . ACCREDITED RECORDS TECHNICIAN J9HC . C5 - 1242 . 1573 . 00 - 1912. 00 . . ELECTION PROCESSING COORDINATOR JJNG . ;: 5 - 1346 . 1745 . 00 - 2121. 00 . . EXEMPTION SUPERVISOR J9NB . C5 - 1325 . 1709. 00 - 2C77.00 . . FAMILY SUPPORT CLERI: AL ASSISTANT J9 KE . C"5 - 1242 . 1573.00, - 1912. 00 . . PUBLIC DEFENDER CLERICAL ASSISTANT JGHt. C5 - 1267 . :613 .00 - 19'53.03 . . SUPERVISING ACCOUNT CLERK JwHA C5 - 1242 . 1573.00 - 1912. 00 . SUPERVISING CLERK 0®15.2 Contra Personnel Department Costa Ad- -••:ctratior. Bloc. �nI I }� 651 = ne Stn^at COUnt ^qaf. C,l:ro.r a X4553 J April 14, 1983 Ms. Dia -= Doug.-tie United Clerical :—Im2loyees ;7 ' Local ..., AFSC 936 Court Stree: Ma^t_nez Dear *'.s. =ough"_e . let_er is „_ confirm unders:.andLngs reaches; during discussions concerning -a Dee-.Dee- .,_ass dated Ma'tiI �u, 198c, a*�d correct an error reCe??-ly ^:c �^_:iouSly signed Side ,eater as reiterated in a Side letter. ^?'.e allocat'_on factors to be used in 'deter-Laing !eve_ assignments a re a t c-ed. 2. ane _,olloc:ing sections of the resolution establishing the Clerical Deep Class shall be subject. to the grievance procedure contained in the Memorandum of understanding between the County and United Clerical employees, AFSCME Local e AFL-CIO dated September 4 , 1981, limited by notes (a, b, c) shown below. Section Title 2 Compensation Part Time Compensation Compensation -for Portio. of Month 6 _r:itia! Appointments tc This Class c Salary on Reassignment Between Levels b. 10 Short Term Reassignment 11 Salary on Transfer 12 Salary on Promotion 13 Salary on Demotion 1L Sala.ry on Voluntary Demotion 15 Anniversary Rtes c. 16 Merit Increment Salary Adjustments 18 Reclassification of Position 19 Recruitment Difficulty Bonus 21 b Reassignment Selection Procedure Within. Level 21 c Reassignment Selection Procedure to a Higher Level 22 Seniority 22 Allocation of Current Employees 0©153 -L- .:re to give five (15) days prior notice of anappointmen frcc _)utside County service is the only aspect of this sect_c^ teat is subject tc the grievance procedure. b. --a-' lure to compensate an employee wt-.c is fling an uncoveret �esignatec senior level position is the only aspe_: .,..is section .Iat is subject to the grievance procedure. c. �s sec _icn is gr_eyatle to the extent provided for _.- Sec-,`3n "_ cremerts ri_ ^__r Range" of the Memorandum of Understant_nS '-,e-ween _ne Coun:�'yant "nitet Cle.^_Cal employees dated Septe::-er 4, �• :? e-rpi­vee -t-c is reassi&nec from a higher level position to a _ower cs_.__._ _s Y rates or -laced Jr he appropriate salar-,. . a ie ass_dr en: in accordance with Section 9.F of the Clerical Deez ._ass =esc_ ;_ n s a__ _ : `,ven :,d=ice in acccrt _nce wit",-, Sect_.._. 2--.2 "Ske:l• ^,E4Li7£=outs" cf „".e9 Memcrandu_m of Understandir:g between the County and U-_-'tet C_erica_ employees ::atec September 4, 1981. An employee may appeal such an action t*?roug Section 2 :, "Grievance Procedure" beginning with step C. Said appeal must be filed within ten (10) work days of the action. 4. Section 20.7 of the Memorandum of Understanding between the Count: and United Clerical Fnplcvees dated September 4, 1961 shall apply if an employee is not redesignated to a Senior level position in accordance with Section 20 of. the ::;erica; Deep Class Resolution. Da _ted C.cntr= .csta Count United Clerical Employees Local 2700 AFSCMF 00154 � -GonPerson inel Department tra Costa 40-1 on Bldg. 051 Pi-te Street Count ne: Cai,io-n a 945531292 April 14, 1983 Ms. Diana Doughtie United Clerical &--plevees 7 oc a! 27 00, AFSCu ' 936 Court Street Martinez, Ca. 94553 Dear 'Lq. Dought,e . _..�s letter is w con`Lrm understandings reached during discussions concerning .::-e Secretary Deer. Class. 7nea'_1�a�iC' factors to .e useQ in determining level assignments nrE at'3C"E . 1-e fo-owi` sections of :.he resolution establishing the Secretary Deep Class shall be subject to the grievance procedure contained. in, the Memorandum of Understanding between. the County and United Clerical Employees, AFSC2E Local 2700 AFL-CIO dated September 4, 1981, limited by notes (a, b, c) shown below. Section Title 2 Compensation, Part Time Compensation Compensation for Portion of Mon th Initial Appointments to This Class ? Salary on Reassignment Between Levels b. 1v Short Term Reassignment ii :salary on Transfer 12Salary on Promotion 13 Salary on Demotion 14 Salary on Voluntary Demotion 15 Anniversary Dates c. 16 Merit Increment Salary Adjustments 1g Reclassification. of Position 20 b Vacant Advanced Level Positions 20 c Reassignment Selection Procedure Within Level 20 d Reassignment Selection Procedure to a Higher Level 21 Seniority 22 Allocation of Current Employees 001,55 1 , -2- . . . Notes _. 1n4 �ial apDcintments above step 14 prior to June 30, 1983, are the only aspect of '__is section- that is subject to the grievance D roc ed a re. t. Railure tc co=er:sa:, an employee who is filling an uncovered prev iously desti Lte acvance' level position is the only aspect. cf this secticn w,at is su't-jec.t to the grievance procedure. :nom sect_e*: _S grievance to the extent provided for in Section "" yremen s it Rare" of the Memorandum of Understand Lng bet�:eent:e Counzv an_` Lfiitet Clerical Employees dated September 4, i9b1. An em-ployee w ., is re-assi`ne-' frog a higher level position to a lower _eve_ los;._.,., an.. h..c _s _ . n c r , lace:; -n the appropriate sa1ar, „a t _cr t`;e accor. :ince wit- Section 9.D of the Secretary Dee _ass es __tion spa__ .:e c_ve^ ... _ce _.. accordance with Section 23._ "Skel Rev^:. ^eme^ s" of the Mem^raZ: a 6,W :t JI P;:I( Wl.rZ:nr:. Ca- luw,a 94553 1292 ntv 1415; 372 4064 n November 17, 1982 Diana Do ught,i e Field Representative onited Clerical Employees Lo��a! 2700, AFSCM-17- Court Street CA 94553 Dear Ms . Douchtie: le*.ter is to con`irnr aqreement reached between Contra Costa County and Employees Local 2700 with respect to amendment of the 1981-198-.. ol Understanding (MOU) to provide a severity-five dollar ( 575.00) ruit`ment C"ff ic,,jlty Bonus for certain employees in the class of Data Control Clerk, is aQt*eed that Section 5. 16 (Recruitment Difficulty Bonus] is added to the MD': as follows : Effective December 1, 1982 on the date of reallocation from the Clerk Deep Class to the class of- Data Control Clerk and continuing until dune 30, 1983, employees in the latter class shall be eligible to receive a 575 Recruitment. Difficulty Bonus in a manner identical cal to provisions of Section 19 of the Clerk Deep Class implementing Resolution No. 82/3842. the 'Dreo."InQ conforms to your understandiro, Please indicate your approval -n� acce:tar,­e in the space provided below. a e 0 Clerical Err-, Ioyees a I -700, AFSCME Contra Costa-L- rt} i r L I 14 L ILA Clt)�0�1 jpmw iNTERNATiONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER 00157 Of1�ra Personnel Department CostaThird Floor, Administration Bldg. J` 651 Pine Street County Martinez, California 94553-1292 (415) 372-4064 Harry D. Cisterman Director of Personnel August 14, 1984 Mr. Warren Nelson Business Representative United Clerical Employees, Local 2700 AFSCME 936 Court Street Martinez, CA 94553 Dear Mr. Nelson: As you know, on July 3, 1984, the Sacramento County Superior Court issued a decision in the County of Contra Costa, et al v. the State of California, finding, among other things, that Section 3502.5 of the Government Code (Agency Shop) is unconstitutional . In consideration of she Agency Shop provisions contained in the July 1, 1983 - June 30, 1985 Memorandum of Understanding between your organization and Contra Costa County and Board of Supervisors approval of that memorandum of understanding, it is hereby agreed that: 1 . The Union shall indemnify, defend and save the County of Contra Costa harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of the said Agency Shop provisions, or action taken or not taken by the County respecting agency shop, notwithstanding the non-severability provision included in said memorandum, of understanding. This agreement super- cedes Section 2.2 (F) of said memorandum of understanding. 2. The County will seek "declaratory relief" in the Superior Court of Contra Costa County to adjudicate the validity of the ao_ency shop provisions, as to which action the County shall bear its own attorney's fees and costs, but not those of the Union. 3. In the event of a final judgment either in the Sacramento County litigation or in a declaratory relief action that Section 3502.5 of the Government Code is unconstitutional , the agency shop provisions shall henceforth no- longer be enforced, the Union shall refund to the County all agency shop fees paid by non-members, together with all interest payable on such fees not exceeding 10% per annum, and the following Maintenance of Membership provision shall come into effect: ipm01 00158 ®��g INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER -2- 2.2 Employees hired on or after October 1, 1981, in classifications assigned to units represented by the Union shall , as a condition of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Employee 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 (30) day period, he/she shall be deemed to have volun- tarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a Memorandum of Understanding, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall , upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/her right to revoke said authorization. 2.3 Maintenance of Membership. All employees in units represented by the Union who are currently paying dues to the Union and all employees in such units who hereafter become members of the Union shall as a condition of continued employment- pay dues to the Union for the duration of this Memorandum of Understandina and each year thereafter so long as the Union continues to repre- sent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between April 1, and April 30, 1985, any employee may withdraw from Union membership and discontinue paying dues as of the payroll period, commencing April 1, 1985, discontinuance of dues payments to then be reflected in the May 10, 1985 paycheck . Immediately upon close of the above mentioned thirty .(30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. If the foregoing is in accordance with your understanding, please indicate acceptance and approval in the appropriate space below. Dated _t �%y��`� Very truly yours, Contra Costa County APPROVED AND ACCEPTED United Clerical Employees, Local 2700 AFSCME By: " � �..- :ter t,i By: i 00159 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 14, 1984 by the following vote: AYES: Supervisors Powers, Fanden, Schroder***, McPeak, Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: ) 1983-85 Compensation for Employees ) in Units Represented by Professional ) RESOLUTION No. 84/478 and Technical Employees, AFSCME, ) Local 512 ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. On August 14, 1984, the Employee Relations Officer submitted the Memorandum of Understanding dated August 1, 1984, and an attached side letter dated August 14, 1984, entered into with Professional & Technical Employees, AFSCME, Local 512 and the following units represented by the Union: Engineering Technician Unit Income Maintenance Program Unit 2. This Board having thoroughly considered said Memorandum of Understanding, the same is approved. 3. Salaries and Terms and Conditions of Employment, Professional & Technical Employees, AFSCME, Local 512. The Memorandum of Understanding with Professional & Technical Employees, AFSCME, Local 512 is attached hereto, marked Exhibit A; and Section Numbers 1 through 53 inclusive are incorporated herein as if set forth in full and made applicable to the employees in the above named units. 4. If an Ordinance(s) is required to implement any of the foregoing provisions, the Board of Supervisors shall enact said Ordinance(s) . THIS RESOLUTION is effective as of August 14, 1984. ***In voting for the Memorandum of Understanding, Supervisor R. I. Schroder advised that he was in favor of the compensation package but was opposed to the Agency Shop provision. 1 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 shotvn. ATTESTED: 4.111. OL"O , COUKI fY CLERr, and ex officio Clark of than Board Od e'-pi By , Dept Orig: Personnel Department County Administrator County Counsel Auditor-Controller Professional & Technical Employees, AFSCME, Local 512 I.E.D.A./via Personnel (Distribution Made by Personnel) 0060 RESOLUTION NO. 84/478 Memorandum of Understanding Between Contra Costa County And Professional and Technical Employees, Local 512, AFSCME, AFL-CIO This Memorandum of Understanding is entered into pursuant to the authority contained in Division 34 of Contra Costa County Board of Supervisors' Resolution 81/1165 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 Section 34-8.012 of Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters I elating to the employment conditions and employer-employee relations covering such employees. This Memorandum of Understanding shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 1983 and ending June 30, 1985. Special provisions and restrictions pertaining to Project employees covered by this Memorandum of Understanding are contained in Attachment A which is attached hereto and made a part hereof. Definitions: A. "Appointing Authority" means Department Head. B. "Class" means 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. C. "Class Title" means the designation given to a class, to each position allocated to the class, and to the incumbents allocated to the class. D. "County" means Contra Costa County. E. "Demotion" means the change of a permanent employee to another position in a class allocated to a .salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under "Transfer" or as otherwise provided for in this Memorandum of Understanding, in the 1 00. 61 ♦ L. Personnel Management. Regulations, or in specific resolutions governing deep classifications. F. "Director of Personnel" means the person designated by the County Administrator to serve as the Assistant County' Administrator-Director of Personnel. G. "Eligible° means any person whose name is on an employment or reemployment or layoff list for a given class. H. "Employee" means a person who is an incumbent of a positionror who is on leave of absence in accordance with provisions of this Memorandum of Understanding and whose position is held pending his/her return. I. "Employment List" means a list of persons, who have been found qualified for employment in a specific class. J. "Layoff List" means a list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement or have voluntarily demoted in lieu of layoff. K. "Permanent Intermittent Position" means any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. L. "Permanent Part-Time Position" means any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full-time basis. M. "Permanent Position" means any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. N. "Project Employee" means an employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenue. 0. "Promotion" means 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 Memorandum of Understanding, in the Personnel Management Regulations, or in specific resolutions governing deep classes. P. "Position" means the assigned duties and responsibilities calling For the regular full-time, part-time or intermittent employment of a person. 2 00162 Q. "Reallocation" means 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 (5) percent of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. R. "Reclassification" means the act of changing the allocation of: a position Sy. .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. S. "Reemployment List" means 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. T. "Resignation" means the voluntary termination of permanent employ- ment with the County. U. "Temporary Employment" means any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. V. "Transfer" means the change of an 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 (5) percent at top step as the class previously occupied by the employee. Section 1 - Recognition 1.1 Union Recognition. The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. A. Engineering Technician Unit B. Income Maintenance Program Unit Section 2 - Union Security 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction for all members in its units. Section 18 of the 1977-1979 Memorandum of Understanding between the County and Associated County Employees/AFSCME shall be continued for the duration of this Memorandum of Understanding. 2.2 Agency Shop. 3 00163 A. The Union agrees that it has a duty to provide fair and non- discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in the Engineering Technician Unit on or after the effective date of this Memorandum of Understanding shall, effective as provided in Subsection H and continuing ,until the termination. of the Memorandum of Understanding, either: 1. Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount equal to the standard initiation fee, monthly dues, and general assessment of such organization for the duration of the agreement; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bonafide 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 Subsection B (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. C. The provisions of Subsection B shall not apply during periods that an employee is separated from a representation unit but shall be reinstated upon the return of the employee to a representation unit. The term separation includes transfer out of the unit, layoff and leave of absence with a duration of more than thirty (30) days. D. The Union shall provide the Director of Personnel with copies of a financial report patterned after Form LM-2 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 of April 1, 1985 shall result in the termination of all agency fee deductions without jeopardy to any employee, until said report is filed. E. Current Employees and New Employees. 1. On or before August 1, 1984, the County will mail to all employees in the Engineering Technician Unit who are not members of the Union an "Employee Authorization for Payroll Deduction of Local 512 Membership Dues for Service Fee" form. 4 00164 The employee shall have thirty (30) calendar-, days from the mailing of the authorization form, to fully execute the authorization of his/her choice and return said form to the County Personnel Department. . 2. An employee hired into a job class in the Engineering Technician Unit represented by. Local 512, AFSCME on or after August 2, 1984 shall be provided through the County Personnel Department with an authorization form listed in Subparagraph 1 above. Said employee shall have thirty (30) calendar days to fully execute the authorization form of his/her choice and return said form to the County Personnel Department. 3. If the form is not returned within thirty (30) calendar days, or if the Union reports that an agency shop fee in lieu of the initiation fee or a general assessment has not been paid, the employee will be subject to. dismissal proceedings by giving a Skelly Notice pursuant to the procedures set forth in this Memorandum of Understanding. An employee served with a Skelly Notice shall have until the return date shown in the Skelly Notice to either file the authorization form, pay the initiation fee or general assessment or otherwise show why he/she should not be dismissed. Any back pay and costs incurred by the County and its staff defending appeals from dismissal shall be reimbursed by the Union. F. The Union shall idemnify, defend and save the County 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 Agency Shop Section, or action taken or not taken by the County under this Section. This includes but is not limited to the County's attorney fees and costs. G. The authorization of payroll deductions described in Subsection E shall require the employee to agree to hold the County harmless from all claims, demands, suits or other forms of liability that may arise against the County for or on account of any deduction made from the wages of such employee. H. 1. Section 2,2 shall take effect on August 1, 1984 provided that as of July 1, 1984, a majority of all employees in the Engineering Technician Unit represented by Local 512 AFSCME have authorized dues deduction, or one calendar month next after the certification of a secret ballot election, in which a majority of those eligible to vote do vote to implement an agency shop fee. 2. An election to implement the provisions of this section shall not prohibit or restrict an election to rescind this section as provided for by Section 3502.5 of the Government Code. 5 00165 1 3. All employees holding probationary or regular status in classifications included in the unit, on a date thirty (30 days prior to the holding of the election, shall be, eligible to vote in such election. The ballot shall be in the following form: a. I vote in favor of the agency shop fee. b. I vote against agency shop fee. I. Non-severability. The provisions of this section are non-severable; if any of the provisions of this section is declared to be unconstitutional- or legally void or unenforceable, the. entire section shall become inoperative. Upon request of the Union, the County shall meet and confer to replace such struck provision(s). J. The County Personnel Office shall furnish a complete and full list of all employees represented by the Union as soon as feasible after the execution of the Memorandum of Understanding and shall furnish a monthly list of all new hires to the Union thereafter. 2.3 Maintenance of Membership. All employees in the Income Maintenance Unit who are currently paying dues to the Union and all employees in that unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this Memorandum of Under- standing and each year thereafter so long as the Union continues to represent the class to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Employees hired into classifications assigned to the Income Maintenance Unit shall, as a condition of employement at the time of employment, complete a Union dues authorization form provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employee shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Employee 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 (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a Memorandum of Understanding, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employrment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 6 . 00166 A. Such space is available and its use by the� _Union is scheduled twenty-four (24) hours in advance; B. there is no additional cost to the County; C. it does not interfere with normal County operations; D. employees in attendance are not on duty and are not scheduled for duty; E. the meetings are on matters within the scope of representation. The administrative • official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting, and see that the space is 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. 2.9 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. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. 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. 2.10 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by 'the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. Section 3 - No Discrimination There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation 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. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for the position, or from carrying out the duties of the position safely. There shall be no discrimination because of Union membership or legitimate Union activity against any employee or applicant for employment by the County or anyone employed by the County. 8 00167 Section 4 - Shop Stewards and Official Representatives- -4.1 Attendance at Meetings. Employees designated as shop stewards or , official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: A. If their attendance is required by the County at a specific meeting; B. if their attendance is sought by a hearing body or presentation of testimony or other reasons; C. if their attendance is required for meeting required for settlement of grievances filed pursuant to Section 23 - Grievance Procedure of this Memorandum; D. if they are designated as a shop steward, in which case they may utilize a reasonable time at each 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, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required; F. to attend examination appeal board hearings to assist an employee in making a presentation. 4.2 Union Representative. Official representatives of the Union shall be allowed time off on County time 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, provided that the number of such representatives shall not exceed two (2) without prior approval of the Employee Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. Engineering Technician Unit - 2 Income Maintenance Unit - 2 Section 5- - Salaries 5.1 Effective August 1, 1984 each represented classification shall receive a five percent (5%) general wage adjustment. Female dominated classifications in the representation unit identified below shall receive in addition, a three percent (3%) comparable worth adjustment. Income Maintenance Unit 9 ®6JL68 5.2 Comparable Worth Task Force. The County agrees to establish a task force on comparable worth by my 1984. The task force shall consist of one representative and one alternate from each organization that chooses prior to July 1, 1984 to have representation on the task force and no more than an equal number of management employees. . The task force shall : 1. Review and monitor all legislation relating to comparable worth and advise the County on an ongoing basis of the impact of such legislation. 2. Review ' and monitor all decisions by Courts of Record regarding comparable worth and advise the County on the impact of such decisions. 3. Research and recommend to the County sources of revenue which can. be utilized to fund comparable worth adjustments. 4. Analyze the County salary plan and recommend to the County which benchmark classifications should be included in addressing comparable worth in the meet and confer process. The task force shall provide bi-monthly reports to the Director of Personnel and make a final recommendation no later than March 15, 1985. 5.3 If during the term of this Memorandum of Understanding the Board of Supervisors determines that monies are available for an additional wage increase, the County will meet with the Union to discuss an additional wage increase which would be effective on or after January 1, 1985. 5.4 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.5 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: A. New Em lUees. The anniversary date of a new employee is the first ay of the calendar month after the calendar month when the employee 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. 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 10 00169 to the same salary range or to a salary range .which is within five (5) percent of the top step of the previous classification, remains . unchanged. D. Reemployments. The anniversary of an employee appointed from a reemployment list to the 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. E. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the 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 (1) year after the first calendar day of that month. 5.6 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.3 to determine whether the salary of the employee shall be 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 unconditional denial of the increment or denial subject to review at some specified date before the next anniversary. This decision may be appealed through the grievance procedure. Exceptas herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within-range increment be granted at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within 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 make the granting of increments mandatory on the County. If an operating department verifies in writing that an adminis- trative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.7 Part-Time Compensation. 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 provisions of this Section 5 11 00170 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of' the department. 5.8 Compensation for Portion of Month and Permanent Intermittent Compensation. 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 days .,in such employee's normal work schedule for the particular month; but if the. employment is intermittent, compensation shall be on an hourly basis, which is calculated on the number of hours in the month worked plus five (5) percent above the salary step earned. 5.9 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step 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 of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater . than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.10 - Salary on Promotion. 5.10 Salary Reallocation and Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee 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 range with fewer steps or vice versa, the employee shall 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 range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 5.9A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps, in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step 12 00171 of the new range which is next above the saliary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class,, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the 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, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supercede Section 5.10. 5.11 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five (5) percent, the employee's salar shall be adjusted to the step in the new range which is at least five (5� percent greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. 5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5. 3, shall have his/her salary reduced to the monthly salary step in the rage for the class of position to which he/she has been demoted next lower than the salary received before demotion. In the event this decrease is less than five (5) percent, the employee's salary shall be adjusted to the step in the new range which is five (5) percent less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has been demoted, all within-range increments having been granted. 5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, new salary shall •be set at the step next below former salary. 5.14 Transfer. An employee who is transferred from one position to. another 13 00172 Y as described under "Transfer" shall 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 steps in the range for the new class do not contain the same rates as the range for the old class, the employee 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, the employee shall be placed. at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as. provided in the appropirate deep class resolutions, the salary of the employee shall be set as provided in the deep class resolutions at a step not to exceed a five (5) percent increase in the employee's base salary. However,if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class 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 (5) percent above the top base step of the deep class level or class in which they have status currently. 5.15 PaX for Work in Hi her Classification. When an employee in a permanent position in the -merit system is require 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 Subsection 5.11 Salary on Promotion of this Memorandum, commencing on the eleventh (11th) work -day of the assignment, under the following conditions: 1. 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. 2. 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. 3. Employee _selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. 4. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. 5. Higher pay assignments shall not exceed six (6) months except through reauthorization. 6. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within thirty (30) days no additional waiting period will be required. 14 00173 v 7. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. 8. During the period of work for higher -pay in a higher classification, an employee will retain tris/her permanent classification, and anniversary and salary review dates will be determined by time in that classification. 9. Allowable overtime pay, shift differential and/or work location. differentials will be paid on the basis of the rate of pay for the higher class. 5.16 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/her warrant 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 employee'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 month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section, all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.17. Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) 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 on or after July 1, 1984 found in employee pay shall be corrected as soon as possible as to, current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether 15 00174 the error was made by the employee, the appointing authority or designee, the Director of Personnel or designee, or the Auditor-Controller or designee. Recovery of fraudently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment. schedule and the employee wishes to meet with the County, a meeting will be .held at which time a repayment schedule shall be determined. If requested , by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. Section 6 - Days and Hours of Work The normal work week of County employees is fort (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/her working time shall not exceed an average of forty (40) hours per seven (7) day period throughout an operational cycle, and the department head shall prepare written schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. The work week for employees in the "4-10" shift is four (4) ten (10) hour working days during a work week consisting of any seven (7) day period. If the County wants to eliminate any existing "4-10" shift and substitute a "5-8" shift or to institute a "4-10" shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift assignment), it will meet and confer with the Union prior to implementing said new shift. Section 7 - Overtime and Compensatory Time 7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. Overtime for "4-10" shift employees is any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials) . Overtime for permanent employees is earned and credited in a minimum of one-half (1/2) hour increments and is compensated by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County hospital , the Sheriff's office and jails, and the juvenile hall and boys' ranch) shall be provided a choice .as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1-1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this Memorandum of Understanding. The specific provision of this accumulation are set forth in Section. 12.5 of this Memorandum of Understanding. Regular overtime .16 00175 for twenty-four (24) hour institutional employees mayrbe accrued as compensatory time in accordance with Section 7.2 of this Memorandum of Understanding.. 7.2 Compensatory Time. The following provisions shall apply: A. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Eligible employees must notify their Department Head or his or her designee of their intention to accrue compensatory time off or to receive overtime pay at least thirty (30) days in advance of the change. B. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained. by the Department. Employees who become eligible (i.e. , newly hired employees, employees promoting, demoting, etc.) for compensatory time off in accordance with these guidelines must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and one- half (1-1/2) times the actual authorized overtime hours worked by the employee. D. Employees may not accrue a compensatory time off balance that exceeds forty (40) hours (i.e., twenty-six and two-thirds (26-2/3) hours at time and one-half). Effective September 1, 1981 the compensatory time off balance shall be increased to one hundred twenty (120) hours (i.e., eighty (80) hours at time and one-half). Once the maximum balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. F. Employees may not use more than one hundred twenty (120) hours of compensatory time off in any fiscal year period (July 1 - June 30) . G. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. H. When an employee promotes, denotes or transfers from one classification eligible for compensatory time off to another 17 00176 classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off glance will be carried forward with the employee. I. Compensatory time accrual balances will be paid off when . an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in J below. J. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight time rate (two-thirds (2/3) the overtime rate) for the employee's current salary whenever: 1. the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes . or transfers to another department; 3. the employee separates from County service; 4. the employee retires. K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. Section 8 - Call Back Time Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. Section 9 - On-Call Duty On call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that his/her superior can reach him/her on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the Department Head shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. Section 10 - Income Maintenance Program Unit Sections 7, 8 and 9 do not apply to the Income Maintenance Program Unit. Employees in this unit will continue to be credited with five (5) days of paid personal leave to recognize both the fact that these employees do not receive payment for overtime and the unavailability of compensatory time off for this group of employees. Said five (5) days must be used during the calendar yearin which credited and may riot be carried forward. This paid personal leave is 18 0017 separate from paid vacation and will be accounted; for accordingly. Upon separation from County service, there shall be no payoff for unused personal leave credits. Administration of paid personal leave shall be administered in accordance with the provisions of Administrative Bulletin 323. Employees occupying positions in classifications in the Income Maintenance Program Unit as of November 30, 1979, shall continue 'to be covered by the disability income protection plan while employed in such classifications. Any person hired into a position in a classification of this representation unit on or after December 19 1979, shall not be covered by this disability income pro- tection plan. Section 11 - Shift Differential In the hours which qualify for shift differential, employees shall receive five (5) percent above their base salary rate. To qualify for shift differential , an employee must have a regularly assigned . daily work schedule which requires: A. Completion of more than one and one-hal•f (1-1/2) 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 leave. 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 employee 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 days of each absence. Section 12 - Separation Through Layoff 12.1 Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). 12.2 Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. 19 00178 p ! 12.3 Layoff by Displacement. A. In the same class. A laid off permanent full-time employee - may displace an employee in the department having less seniority in the same class who occupies permanent intermittent or permanent part- time position, the least senior employee being displaced first., B. In the Same Level or Lower Class.. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. 12.4 Particular Rules on Displacing. A. ' Permanent intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. B. A permanent full-time employee may displace any intermittent or part-time employee with less seniority 1) in the same class as provided in Section 11.3 (A), or 2) in a class of the same or lower salary level as provided in Section 11.2 (B) if no full-time employee in a class at the same or lower salary level has less seniority than the displacing employees. C. Former permanent full-time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Personnel 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. 12.5 Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent of the former class shall carry the seniority accrued in the former class into the new class. Service for layoff and displacement purposes includes only the employee's last 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 authorized if the employee is reemployed in a permanent position within the employee's layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority 20 00179 rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken. by random selection among the employees involved. 12.6 EligibilitX for Layoff List. Whenever any person who has permanent . status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, the person's name shall be placed on the Layoff list for the class of positions from which that person has been removed. 12.7 Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off or displaced or when demoted as a result of a layoff or displacement, or who have voluntarily demoted in lieu of layoff or displacement, names shall be listed in order of layoff seniority in the class from which laid off, displaced or demoted on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. 12.8 Duration of Layoff Rights. The name of any person laid off shall continue on the layoff list for a period of two (2) years. Persons placed on layoff lists shall be continued on the list for an additional two years if application for extension of eligibility is made before the expiration of .the original period of eligibility. 12.9 Certification of Persons From Layoff .Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff. When a request for personnel is received from the appointing authority of a department, if a layoff list exists for the class, the appointing authority shall receive and appoint the eligible highest on the layoff list from that department; or in the case that there is no layoff from that department, the appointing authority shall receive and appoint the eligible highest on the layoff list. However, if an eligible so certified is rejected during probation as referenced in Section 18.7 and 18.8 and restored to the layoff list, the rejected employee will not again be certified to the department from which rejected on probation unless the appointing authority so requests. The Director of Personnel shall recommend to the Board of Supervisors that a person employed from a layoff list be appointed at the same step of that salary range the employee held on the day of layoff. 12.10 Removal of Names from Layoff Lists. The Director of Personnel may remove the name of any eligible from a layoff list for any reason listed below: A. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. B. On evidence that the eligible cannot be located by postai 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. 21 00180 D. If three offers of permanent appointment -to the-,class for which the eligible list was established have been declined by the eligible. E. If five certifications for permanent appointment from an open employment list, . including certification to two different departments if the class has permanent positions in more than one department have failed to result in selection and appointment. F. If the eligible fails to respond to the Director of Personnel or the appointing authority within five (5) days to written notice of certification mailed to the person's last known address. Notice shall be sent to the person affected. 12.11 Union Notification. When it appears to the Department Head and/or Employee Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit represented by the Union, the Employee Relations Officer shall notify the union of the possibility of such layoffs and shall meet and confer with it regarding the implementation of the action. The County agrees to give employees ten (10) work days (eight (8) work days for employees on the "4-10" workweek) notice of layoff. Section 13 - Holidays 13.1 The County will observe the following holidays: A. Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas New Years' Day Martin Luther King Jr's Day President's Day Memorial Day Independence Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-half (1/2) hour, and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than thirty-two (32) hours of personal holiday credit. On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 22 0018, 13.2 The following provisions indicate how holiday credit is to be applied: A. Employees on the five (5) 'day Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. B. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit. The purpose of this plan is to equalize holidays between employees on regular work schedule and those on other work schedules. If any holiday listed in Section 13.1 (A) above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1 (A) falls on a Sunday, it shall be celebrated on the following Monday. 13.3 Permanent Part-Time Employees shall receive holiday credit in the same ratio to the holiday credit given full-time employees as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full-time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. 13.4 04-10" Shift - Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours: 13.5 09-80" Shift Holidays A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled ho i ay, they shall receive overtime pay or equivalent compensatory time credit (Holiday Credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation, or leave without pay on a holiday shall be one (1) hour. 23 00182 13.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between -pay at the overtime rate or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: A. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June 30), or the- remainder thereof. B. Employees starting work after. a list of those electing to accrue holiday credit has been submitted to the Auditor and approved, will be paid overtime unless they specifically requested in writing within seven (7) calendar days to be placed on the holiday credit, accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. D. Accrued holiday credit may not be accumulated in excess of two hundred eighty-eight (288) working hours exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shall be paid at the overtime rate as specified in Section 7. E. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the Department Head. F. Accrued holiday credit shall be paid off only upon a change in status , of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. Section 14 - Vacation Leave 14.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.8 of this Memorandum of Understanding. Vacation credits may be taken in 1/2 hour increments but may not be taken during the first six (6) months of employment except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 14.2 Vacation Accrual Rates. For employees hired prior to September 1, 1979 the rates at which vacation credits accrue and the maximum accumulation thereof, are as follows: 24 00183 Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 For employees hired on or after September 1, 1979, the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 5 years 6-2/3 160 5 through 10 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 14.3 No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 14.4 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 14,5 Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible. 14.6 Employees in permanent part-time and permanent intermittent positions shall accrue vacation benefits on a prorated basis as provided in Section 36-2.006 of Board Resolution 81/1165. 25 00184 Section 15 - Sick Leave 15.1 The purpose of paid sick leave is to insure employees against loss .of pay for temporary absences from work due to illness or injury. Sick leave may be used only as authorized; it is not paid time off which employees may use for personal activities. 15.2 Sick leave credits accrue at the rate of eight (8) working hours credit for each completed .month of service. 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- half (1/2) hour. Unused sick leave credits accumulate from year to year. 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 the employee is reemployed in a permanent position within the period of his/her layoff eligibility. Upon retirement, an employee's accumulated sick leave shall be converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sick leave credit. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: A. An employee may use paid sick leave credits when the employee is off work because of a temporary illness or injury. B. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board subject to the conditions listed below. For the purposes of this Section 15, permanent disability shall mean the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which he or she is qualified by reason of education, training or experience. Sick leave credits may be used under this provision only when the following requirements are met: 1. An application for retirement due to disability has been filed with the Retirement Board and; 2. Satisfactory medical evidence of such disability. is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. The appointing authority may review medical evidence and order further examination . as he/she deems necessary, and may terminate use of sick leave when such further examination demonstrates . that the employee is not disabled, or when the appointing authority .determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. 26 00185 C. Communicable Disease. An employee may use paid sick leave credits while under a p ysic;an's orders to remain secluded due to exposure to a communicable disease. D. Sick Leave Utilization for Pregnancy Disability. Female employees whose disability is caused' or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum 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 employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. The appointing authority retains the right to medical review of all requests for such leave. 2. If a female employee does not apply for sick 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 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, the cost of such examination shall be borne 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 employee shall be considered on leave without pay. Sick 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 date of the employee's .recovery from such disability. E. Medical and Dental Appointments. An employee may use paid sick leave credits for medical and dental appointments as follows: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time (not over forty (40) 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. Such use of sick leave credits 27 00186 -shall be accounted for by the department on. a fiscal year basis. Any balance of the forty (40) hours remaining at the end of the fiscal year shall not be carried over to the -next year; departments shall notify the employee if the maximum allowance is reached. Authorization to use sick leave for this purpose is contingent on availability of accumulated sick leave credits; it is not an additional allotment of sick leave which employees may charge. F. Emergency Care of Family. An employee may use paid sick leave credits up to three 3) work days per incident (unless the Department Head 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 therefore, and if alternative arrangements for the care of the ill or injured person are immediately undertaken. G. Death of Famil Member. An employee may use said sick leave credits for absence from work because of a death in the employee' s immediate family, but this shall not exceed three (3) working days plus up to two (2) days of work time for necessary travel . 15.3 Administration of Sick Leave. Accumulated paid sick leave credits may not be used in the following situations: A. Vacation. For an employee's illness or injury while the employee is on vacation except when extenuating circumstances exist and the appointing authority approves. B. Not in Pay Status. When the employee would otherwise be eligible to use paid sick leave credits but is not in a pay status. 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 as early as possible prior to the commencement of their work shift or not later than thirty (30) minutes thereafter if possible. Notification shall include the reason and possible duration of the absence. B. Employees are responsible for keeping their department informed of their continuing condition and probable date of return to work. C. Employees are responsible for obtaining advance approval from their appointing authority or designee for the schedule time of prearranged personal or family medical and dental appointments. The use of sick leave may be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. To ascertain the propriety of claims against sick leave, Department Heads may make such investigations as they deem necessary. 2s 00187 15.4 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. , An appointing authority may place an employee on leave if the appointing authority has filed - an application for disability retirement for the employee or , whom the appointing authority r believes to. be temporarily physically or mentally incapacitated for the performance of the employees duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense a physical, medical and/or psychiatric examination by a . licensed physician and receive a report of the findings on such examination. If the examining physician recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Personnel Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical , medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically .or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this Memorandum of Understanding. E. On May 26, 1981 the Board of Supervisors established a labor- management committee to administer a rehabilitation program for disabled employees. It is understood that the benefits specified above in Section 15 and 16 shall be coordinated with the rehabilitation program as determined by the labor-management committee. 15.5 For the purposes of this Section 15, the immediate family shall be restricted to the spouse, son, stepson, daughter, stepdaughter, father, 29 00188 stepfather mother, stepmother, brother, sister, grandparent, grandchild, father- in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, or .brother- in-law, of an employee. 15.6 No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 15.7 Integration of State Disability Benefits with the Count Sick' Leave Benefit Program. Employees eligible for State Disability benefits and , sick leave benefits for any portion of disability shall be required to make application for both benefits. The State Disability benefits shall be returned to the County to be credited to the employees sick leave balance on the following basis: 1. Integration with State Disability is automatic and cannot be. waived. 2. The amount credited to the employees sick leave balance shall be converted to sick leave hours by dividing the amount received from State Disability Insurance by the employee's straight-time hourly rate, at the time of payment, as determined by the appropriate salary schedule for the employee's class of employment. 3. If the employee is eligible for State Disability Insurance benefits, application must be made and the benefits returned to the County for sick leave credits so that the principle of integration is completed. 4. In the event an employee is not eligible for sick leave credits from the County, there will be no integration and the employee shall not return State Disability Insurance benefits to the County. 5. In the event an employee receives sick leave benefits for a portion of the disability period, State Disability benefits must be utilized to restore only those sick leave hours used during the period of disability. 6. Restoration of sick leave balances shall be rounded to the nearest one-half (1/2) hour. 7. . In no instance will an employee be allowed to "purchase" sick leave not accrued. 8. The County will provide separate accounting for the "purchased" sick leave to insure that State Disability Insurance benefits are not taxable. Section 15.7 does not presently apply to the Engineering Technician Unit.. However, if an election .to implement SDI benefits is affirmed the provision of Section 15.7 will apply. 30 00189 15.8 Disability Insurance Review Committee. The. County shall . establish a Disability Insurance Review Committee consisting of one representative from each employee organization and four mangement representatives to review and recommend to the Director of Personnel the feasibility of implementing a self-funded and self-administered disability insurance program. Section 16 - Workers' Compensation A. Employees who leave work as a result of an on-the-job injury will have the balance of that day charged to sick leave and/or vacation accruals. This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. B. Three (3) consecutive calendar days following the last day worked constitutes a waiting period before Workers' Compensation starts. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds twenty-one (21) days. A permanent employee shall continue to receive full regular salary during any. period of compensable temporary disability absence. "Compensable temporary disability absence" for the purpose of this section, is any absence due to work connected disability which qualifies for temporary disability compensation under Workers' Compensation Law set forth in Division 4 of the California Labor Code. When any disability becomes permanent, the salary provided in this section shall terminate. The employee shall return to the County all temporary disability payments received by him from any County funded wage replacement program. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which salary payments are made. The County contribution to the employees group medical plan shall continue during any period of compensable temporary disability absence. The maximum period for the described salary continuation for any one injury or illness shall be one year from the date of temporary disability. C. Continuing pay begins at the same time that temporary Workers' Compensation starts and continues until the temporary disability ends, or until one (1) year from the date of injury, whichever comes first. State Workers ' Compensation checks are made payable to the County by the State of California Insurance Fund. All continuing pay under the Workers'. Compensation Program will be cleared through the Personnel Office, Safety Division. 31 00190 Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours . the employee shall . be allowed time off up to three (3) hours for such treatment without loss of pay or benefits. This provision applies only to injuries that have been accepted by the County as a job connected injury.- D. njury:D. Full Pay Beyond One Year. If an injured employee remains eligible Tor temporary disability beyond one year, full salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits'. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary will continue to receive full salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the Rehabilitation Temporary. Disability benefits will be paid directly to the employee. F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing Ipay period and during integration of sick leave or vacation with Workers' Compensation benefits. G. Method of Integration. An employee's sick leave and/or vacation charges shall e calculated as follows: C = 8 [1 - (W =S)] Where C = Sick leave or vacation charge per day (in hours) W = Statutory Workers ' Compensation for a month S = Monthly salary Section 17 - Leave of Absence 17.1 Leave Without Pay. Any employee who has permanent status in the classified service may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy shall be granted in accordance with applicable state and federal law. Requests for leave without pay shall be made upon forms prescribed by the Director of Personnel and shall state specifically the reason for the request, the date when it is desired to begin the leave and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness or disability; 2. pregnancy; 32 00191 L r 3. to take a course of study such as will increase his/her usefulness on return to his/her position; 4. for other reasons or circumstances acceptable to the appointing authority. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. Procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee shall so request of the appointing authority in writing at least fifteen (15) days in advance of the return for approval by the appointing authority. The Personnel Department shall be notified promptly of such return. Except with respect to leave due to pregnancy, illness or disability, the decision of the appointing authority on granting or denying a leave of absence shall be subject to appeal to the Personnel Director and not subject to appeal through the grievance procedure set forth in Section 23 of this Memorandum of Understanding. 17.2 Military Leave. Any employee in the merit system and who is required to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof, shall be granted a military leave for the period of such service, plus ninety (90) days. An employee who volunteers for such service shall be granted a leave of absence, if necessary, in accordance with applicable state or federal law. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind what-soever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be -prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has 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 Director of Personnel may deem necessary. 17.3 Leave of Absence Replacement. Any permanent employee in the merit system who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to that classification and department. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 12 (Layoff. and Seniority) shall apply. 33 v i 17.4 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not �Ibeen absent from the position on leave without pay more than six (6) . months during the preceding year shall be reviewed on the anniversary date.. Employees on military leave shall receive salary increments that may accrue to them during 'the period of military leave. 17.5 Unauthorized Absence. An unauthorized absence from the work. site or failure to report for duty after a leave request has been disapproved, revoked, or cancelled, by the appointing authority, or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. i Section 18 -! Jury Duty and Witness Duty 18.1 Jury Duty. If called for jury duty in a Municipal, Superior, or Federal Court, or for a Coroner's jury, employees may remain in their regular - pay status, or they may take vacation leave or leave without pay and retain all fees and expenses paid to them. If an employee is called for jury duty and elects to remain in a regular pay status and waive all fees (other than mileage allowances) received, the employee shall obtain, from the Clerk or Jury Commissioner a certificate which shall indicate the ,days attended and the fact that fees other than mileage are waived. The employee shall furnish the court certificate to his/her department, which shall be retained as a department record. When serving jury duty in a federal court, an employee shall return all fees (other than mileage allowance) received to the County,. When an employee is called for jury duty and elects to retain all fees, the employee must take vacation leave or leave without pay. No court certificate is required in this instance. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. Permanent intermittent employees are entitled paid jury duty leave only for those days oniwhich they were previously scheduled to work. I 18.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain initheir regular pay status and turn over to the County all fees and expenses paid to them, other than mileage allowance, or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g. , accident suits and family relations) shall. take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 18 of this Memorandum of Understanding. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid 34 00193 w witness duty only for those days on which they were previously scheduled to work. Section 19 - Health and Welfare, Life and Dental Care 19.1 The County will 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, Blue Cross of Northern California, the Contra Costa County Health Plan and H.E.A.L.S. Health Plan to all permanent employees regularly scheduled to work twenty (20) or more hours per week. 19.2 In the event that it may be possible to provide hospital-medical , life insurance and dental coverage as nearly comparable as possible to the benefits in effect on July 1, 1981, without additional cost to the County or the employees, the County may substitute new insurance carriers. The Union will be given an opportunity to meet and confer on the coverage afforded under such substitute plans before they are implemented. During the term of this Memorandum of Understanding, the County intends to seek alternatives to the Blue Cross Medical Plan by requesting that health care companies submit bids on the cost of furnishing identical or similar benefits as are provided under the Blue Cross Plan. The County will contribute up to the following monthly amounts toward the existing County Group Health Plan program of combined medical, dental and life insurance provided, however, that the minimum employee health plan contribution shall be $1.00 per month. 35 00194. 1 N a • r County Contribution per Category Employee per Month: Current 08/01/84 Kaiser Option Employee Only (No Medicare) No Dental $ 56.58 $ 65.18 CDS 62.13 71.13 Safeguard 62.13 71.13 Family (No Medicare) No Dental 131.32 149.32 CDS 135.44 153.44 Safeguard 135.44 153.44 Blue Cross Option Employee Only (No Medicare) No Dental $ 80.00 $ 89.00 CDS 86.09 95.09 Safeguard 86.09 95.09 Family (No Medicare) No Dental 131.32 149.32 CDS 149.44 167.44 Safeguard 149.44 167.44 Contra Costa Health Plan Option Employee Only (No Medicare) No Dental $ 53.61 $ 61.48 CDS 63.23 72.23 Safeguard 63.25 71.12 Family (No Medicare) No Dental 131.32 149.32 CDS 137.31 155.31 Safeguard 137.31 155.31 H.E.A.L.S. Health Plan Option Employee Only (No Medicare) No Dental $ 68.00 $ 77.00 CDS 75.30 84.30 Safeguard 75.30 84.30 Family (No Medicare) No Dentals 131.32 149.32 CDS 142.60 160.60 Safeguard 142.60 160.60 36 ®p -19 y IPM Health Plan Option Employee Only (No Medicare) No Dental $ 56.05 $ 64.29 CDS 62.63 71.63 Safeguard 62.63 71.63 Family (No Medicare) No Dental 131,32 149.32 CDS 140.00 158.00 Safeguard 140.00 158.00 Dental Plans Only Employee Only CDS $ 14.81 $ 15.48 Safeguard 10.87 10.87 Family CDS 31.97 34.48 Safeguard 21.21 21.21. A11 rates shown above include life insurance coverage. The rates effective 8/1/84 are based on the County contributing up to a maximum of nine additional dollars ($9.00) per month for a single subscriber and up to eighteen additional dollars ($18.00) per month for a subscriber with dependents. 19,3 Medicare Rates. 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 Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. Any increase in the Health Plan costs that occur during the duration of this Memorandum of Understanding shall be borne by the employee. 19.4 Partial Month. The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the Health Plan for the month in which compensation is paid. 19.5 Coverage During Absences. An employee who is on approved leave of absence may convert to individual—Health Plan coverage within thirty .(30) days of the commencement of leave. 37 00190 ♦ • i Employees shall be allowed to maintain their Health Plan coverage at the County group rate for twelve (12) months if on approved medical leave -of absence. provided that the employee should pay the entire premium (i .e., both employer and employee share) for the Health Plan during said leave. Said payment shall be made by the employee at a time and place specified by the, County. Late payment shall result in cancellation of Health Plan coverage. An employee who terminates County employment who has earned compensation :for actual time worked. or is credited for time worked through vacation or sick leave' accruals, is only covered through the month in which he/she is credited with compensation. An employee who terminates County employment may convert to individual Health Plan coverage. 19.6 Retirement Coverage. Upon retirement, employees may remain in• the same County group medical plan if immedately before their retirement they are either active subscribers to the County Health Plan or if on authorized leave of absence without pay they have retained individual conversion membership from the County plan. 19.7 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. Section 20 - Probationary Period 20.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. This period shall be from six (6) months to two (2) years duration. 20.2 Listed below are those classes represented by the Union which have probation periods jn excess of six (6) months. None 20.3 When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 20.4The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a six (6) months probation period, probation will be considered completed upon serving one thousand (1,000) hours after appointment except that in no instance will this _ 38 00197 '1 , f period be less than six (6) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full-time, credit toward probation completion in the full-time position shall be, prorated on the basis of one .hundred seventy-three (173) hours per month. 20.5 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious or union activities, or race, color, national origin, sex; age, handicap or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth in the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Personnel to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal , it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 20.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Personnel receives from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this Memorandum of Understanding, without notice and without right of appeal or hearing except as provided in Section 20.5A. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. The appointing authority shall attempt to give a probationary employee five (5) days notice of said rejection. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. 39 00198 Notwithstanding any other provisions of the Memorandum of Understand.ing, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for .other than disciplinary reasons within six (.6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Personnel Director whose decision is final . The Director of Personnel shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 20.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 20.8 Rejection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period of subsequently certified and appointed in a different department or classification than that from which the employee was laid off. Section 21 - Promotion 21.1 Promotion shall be by competitive examination unless otherwise provided in this Memorandum of Understanding. 21.2 Promotion Policy. The Director of Personnel , upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 40 00 -C199 lid .Time of Completion from Class(es) and/or Date Received in Personnel Position(s) Purpose Office (P300) Engineering Technicians To study the feasability Feb. 1, 1985 of creating a deep class with or sooner if performance standards/evalua- - possible tion and pay criteria similar in concepts to those of Civil Engineer. Section 49 - Adoption The provisions of this Memorandum of Understanding 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 these provisions. It is understood that where 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. Section 50 - Duration of Agreement This Agreement shall continue in full force and effect from July 1, 1983 to and including June 30, 1985. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the agreement. Section 51 - Scope Agreement and Separability of Provision 51.1 Scope of Agreement. Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitues 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 Memorandum of Understanding demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum of Understanding by mutual agreement. 51.2 Separability of Provisions. Should any section, clause or provision of this Memorandum of Understanding 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 Memorandum of Understanding. Section 52 - Personnel Management Regulations Where a specific provision contained in a section of this Memorandum of Understanding conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this Memorandum of Understanding shall prevail . It is recognized, however, that certain provisions 57 00216 of the Personnel Management Regulations may be supplementary to the provisions of this Memorandum of Understanding or deal with matters not within the scope of, representation and as such remain in full force and effect. Section 53 - Past Practices .and Existing Memoranda of Understanding Continuance of working conditions and past practices not specifically authorized by ordinance or by resolution of the Board of Supervisors is not guaranteed by F this Memorandum of Understanding; provided, however, that only during the term of this Memorandum of' Understanding which expires June 30, 1985, the Union may claim a violation of a past practice. If the Union can demonstrate that such past practice exists by virtue of having been acknowledged and agreed to by Management and representatives of the Union or by .employees represented by the Union who reach agreement with a Department Head on a specific policy covering a group of employees such as a reassignment policy, the alleged violation of said past practice will be subject to the grievance procedure. Those practices which have been agreed to' by Management and not approved by the Department Head must be confirmed and approved by the Department Head within six (6) months from the below execution date of this Memorandum of Understanding in order to be considered a past practice pursuant to this provision. Date: 0 PROFESSIONAL AND TECHNICAL EMPLOYEES, CONTRA COSTA COUNTY LOCAL 512, AFSCME, AFL-CIO By y" 7� `J �CtAXIVI- B rig. . By '11d B ZZ By By 58 ®®017 j,: GO, t>ra Personnel Department Costa Third Floor, .Administration Bldg. Cf I t 651 Pine Sireet ounty Martinez, California 94553-1292 (415) 372-4064 Harry D. Cisterman DireCtor of Personnel August 14, 1984 Mr. Warren Nelson Business Representative Professional & Technical Employees Local 512, AFSCME 936 Court, Street Martinez, CA 94553 Dear Mr. Nelson: As you know, on July 3, 1984, the Sacramento County Superior Court issued a decision in the County of Contra Costa, et al v. the State of California, finding, among other things, that Section 3502.5 of the Government Code (Agency Shop) is unconstitutional . In consideration of the ,Agency Shop provisions contained in the July 1, 1983 - June 30, 1985 Memorandum of Understanding between your organization and Contra Costa County and Board of Supervisors approval of that memorandum of understanding, it is hereby agreed that: 1. The Union shall indemnify, defend and save the County of Contra Costa harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of the said Agency Shop provisions, or action taken or not taken by the County respecting agency , shop, notwithstanding the non-severability provision included in said memorandum of understanding. This agreement super- cedes Section 2.2 (F) of said memorandum of understanding. 2. The County will seek "declaratory relief" in the Superior Court of Contra Costa County to adjudicate the validity of the agency _shop provisions, as to which action the County shall bear its own attorney ' s fees and costs, but not those of the Union. 3. In the event of a final judgment either in the Sacramento County litigation or in a declaratory relief action that Section 3502.5 of the Government Code is unconstitutional , the agency shop provisions shall henceforth no longer be enforced, the Union shall refund to the County all agency shop fees paid by non-members, together with all interest payable on such fees not exceeding 10% per annum, and the following Maintenance of Membership provision shall come into effect: 1pmal `7 INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER 00.218 a j • 2.2 Employees hired on or after October 1, 1981 , in classifications assigned to units represented by the Union shall , as a condition of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Employee 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 (30) day period, he/she shall be deemed to have volun- tarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a Memorandum of Understanding, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall , upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/her right to revoke said authorization. 2.3 Maintenance of Membership. All employees in units represented by the Union who are currently paying dues to the Union and all employees in such units who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration .of this Memorandum of Understanding and each year thereafter so long as the Union continues to repre- sent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.4 Withdrawal of Membership. By notifying the Auditor-Controller' s Department in writing, between April 1, and April 30, 1985, any employee may withdraw from Union membership and discontinue paying dues as of the payroll period, commencing April 1, 1985, discontinuance of dues payments to then be reflected in the May 10, 1985 paycheck . Immediately upon close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. If the foregoing is in accordance with your understanding, please indicate acceptance and approval in the appropriate space below. Dated 0 �// � Very truly yours, Contra Costa County APPROVED AND ACCEPTED Professional & Technical Employees, Local 512, AFSCME By:�� : '-T:;; By L c� �o 00219 ,. CLASS L SALARY LISTING o INCOME MAINTENANCE PROGRAM UNIT CLASS LEVEL SALARY RANGE CLASS TITLE XLSC . C5 — 1487 2009. 00 — 2442 . 00 . . ELIGIBILITY TRAINING SPECIALIST XHHA . C5 — 1308 1680. 00 — 2042.00 . . ELIGIBILITY WORK SUPERVISOR I XHGA . C5 — 1487 . 2009. 00 — 2442 .00 . . ELIGIBILITY WORK SUPERVISOR II XLSB -. C5 - 1487 2009. 00 — 2442 .00 . . INCOME MAINTENANCE PROGRAM SPECIALIST 61 00220 CLASS C SALARY LISTIN3 JI ENGINEERING TECHNICIAN UNIT CLASS LEVEL SALARY RANGE CLASS TITLE NPSA . C5 — 1446 . 1929. 00 — 2344. 00 . . ENGINEERING RECORDS TECHNICIAN NSWA . C5 — 1092 . 1354. 00 — 1646.00 . . ENGINEERING TECHNICIAN I NSW2 . C5 — 1092- a 1354. 00 164.6. 00 . . ENGINEERING TECHNICIAN I — PROJECT NSVA . C5 — 1201 . 1510. 00 — 1835.00 . . ENGINEERING- TECHNICIAN II NSTO . C5 — 1354 . 1759. 00 2138.00 . . ENGINEERING TECHNICIAN III NSTE . C5 — 1510 . 2056. 00 — 2499. 00 . . ENGINEERING TECHNICIAN IV NST8 . C5 — 1510 . 2056. 00 — 2499.00 . ENGINEERING TECHNICIAN IV — CONSTRUCTI NSTA . C5 — 1510 . 2056. 00 — 2499. 00 . ENGINEERING TECHNICIAN IV — OFFICE NSTC . C5 — 1510 . 2056. 00 — 2499.00 . ENGINEERING TECHNICIAN IV — SURVEYS N9SC . C5 — 1596 . 2241. 00 — 2723. 00 . . HYDROGRAPHER 0022.E .62 21.3 Open Exams. If an examination for one of the classes represented by the Union is proposed to be announced on an open only basis, the Director of Personnel shall give five (5) days prior notice of such proposed announcement and shall met at the request of the Union to discuss the reasons for such open announcement. 21.4 Promotion via Reclassification without Examination. Notwithstanding other provisions. of this Section, an employee may e promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: A. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. B. The incumbent of the position must have performed at the higher level for one (1) year. C. The incumbent must met the minimum education and experience requirements for the higher class. D. The action must have approval of the Personnel Director. E. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 21.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 21.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy (70) percent or more, shall receive, in addition to all other credits, five one-hundredths of one ( .05) percent for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five (5) percent credit for seniority in any promotional examination. 21.7 If the department denies an employee's request for reclassification, upon request of the Union, the denial will be reviewed by the Personnel Director and appointing authority and the reasons for denial given to the Union in writing. 41 00200 ♦ 1 21.8 Permanent employees shall be granted release time from work without loss of pay to take County promotional examinations or take interviews for a County promotional position provided the employee gives the Department sufficient notice of the need for time off. Section 22 - Transfer 22.1 The following conditions are required in order to qualify for. transfer: A. The position shall be in the same class, or if in a different class shall have been determined by the Director of Personnel to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; B. the employee shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; D. the employee concerned shall have indicated agreement to the change in writing; E. the Director of Personnel shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 22.2 Any employee or appointing authority who desires to initiate a transfer may inform the Director of Personnel in writing of such desire stating the reasons therefor. The Director of Personnel shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. 22.3 The Personnel Director will send to all departments an updated transfer list on a monthly basis. 22.4 Reassignment of Work Location. Employees desirous of reassignment to a position in the same classification at another work location shall submit a request for reassignment in writing to the Department Head. When openings occur in various work locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of employee's residence from desired work location and relative length of service of the applicants for a particular location. The Department Head or designated representative shall make the sole determination as to assignment of . personnel , except as otherwise provided in the supplemental sections of this Memorandum of Understanding. This provision applies to intradepartmental reassignments only. In no event shall reassignments be utilized for disciplinary purposes. 42 t X01 Section 23 - Resignations An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Personnel Department by the appointing authority immediately on receipt, and shall indicate the effective date .of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Personnel Department and shall indicate the effective date of termination. 23.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the -appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 23.2 Constructive Resignation. A constructive resignation occurs and is effective w en: A. An employee has been absent from duty for five (5) consecutive working days without leave, and; B. Five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 23.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 23.4 Revocation. A resignation that is effective is revocable only by written concurrance of the employee and the appointing authority. 23.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving. written notice on the Director of Personnel and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the emp 1 oyee cou d have believed that the resignation was coerced, it shall. be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgement without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with, the Director of Personnel waiving the employee's right of appeal to the Merit Board in favor 43 00202 of the employee's appeal rights under the - grievance procedure contained in Section 25 of the Memorandum of Understanding beginning with Step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. 23.6 Eligibility for Reemployment. Within one year of resignation in good standing. from County service, a person who has had permanent status which included satisfactory completion of probation may make. application by letter to the Director of Personnel for placement on a reemployment list as follows: the class. from which the person resigned; or any one class of equal or lesser rank in the occupational series and in which the person had previously attained permanent status; or for any class or deep class which has replaced the class in which the person previously had status, provided that the person meets the minimum requirements for the ne,v class. If the appointing authority of the department from which the person resigned recommends reemployment, the Director of Personnel shall grant reemployment privileges to the person. Consideration of names from a reemployment list is mandatory if the appointing authority recommended reemployment of the individual(s) listed but is optional for other appointing authorities. Names may be removed from reemployment lists in accordance with the provisions of Section 12.10 of this Memorandum of Understanding. Section 24 - Dismissal , Suspension and Demotion - 24.1 The appointing authority may dismiss, suspend or demote any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal , suspension or demotion may be based on reasons other than those specifically mentioned: 1. absence without leave, 2. conviction of any criminal act involving moral turpitude, 3. conduct tending to bring the merit system into disrepute, 4. disorderly or immoral conduct, 5. incompentence or inefficiency, 6. insubordination, 7. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs, during work hours and/or on County premises, 8. neglect of duty, i.e. , non-performance of assigned responsibilities, 9. negligent or willful damage to public property or waste of public supplies or equipment, 10. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, 11. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, 12. material and intentional ' misrepresentation or concealment of any 44 00203 fact in connection with obtaining employment, 13. misappropriation of County funds or property, 14. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this Memorandum of Understanding, 15. dishonesty or theft, 16. excessive or unexcused absenteeism and/or tardiness. 17. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical. conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual 's work performance, or creating an intimidating and hostile working environment. 24.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice) . Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (four (4) work days for employees on "4-10" work week), or demote an employee, the appointing authority shall cause to be served personally or by certified mail on the employee, a Notice of Proposed Action, which shall contain the following: A. A statement of the action proposed to be taken. B. A copy of the charges; including the acts or ommissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. D. A statement that the employee may review and request copies of materials upon which the proposed action is based. E. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. Em to ee Response. The employee upon whom a Notice of Proposed Action has been served shall ave seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 24.3 Leave Pending Employee Response. Pending. response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 24.4 Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. The thirty (30) day limit does not apply to suspension due to pending criminal charges as provided in Section 24.5 below. 45 00204 24.5 Notice of Suspension Without Pay Due to Pending Criminal Charges. Before suspending an employee due to pending criminal charges, the appointing authority shall cause to be served either personally or by certified mail , on . the employee, a Notice of Suspension Due to Pending Criminal Charges, which shall contain the following: A. A statement that the employee is suspended while criminal charges are pending or until the charges are dismissed. B. A statement of the charges upon which the suspension is based and of the facts by which such charges adversely affect the County service or conflict with continued employment. C. A statement that the employee may respond to the appointing authority either orally or in writing within seven (7) calendar days. D. A statement that disciplinary action may be taken after disposition of the charges. E. The Notice of Suspension Due to Pending Criminal Charges may include a Notice of Proposed Action (Skelly Notice) under Section 24.2. F. An appointing authority, upon giving notice as provided in this Section 24, may immediately suspend without pay an employee against whom there is pending a criminal charge which adversely affects the County service or conflicts with continued employment. Pending criminal charges exist when an employee has been arrested or has been named a defendant in a criminal complaint or indictment filed in any court. G. The 'Personnel Director may order lost pay restored for good cause, and subject to the employee's duty to mitigate damages, but not if the employee 1) is given a Notice of Proposed Action (Skelly Notice) and 2) is dismissed or otherwise disciplined for cause directly related to the charges within fourteen (14) calendar days after the appointing authority has knowledge of final disposition of the charges. 24.6 Procedure on Dismissal , Suspension or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status - in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal , suspension, or demotion shall be filed with the Director of Personnel , showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the 46 00205 employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal , suspension or demotion either to 'the Merit Board or through the procedures of Section 25 - Grievance Procedure of this Memorandum of Understanding provided that such appeal is filed in writing with the Personnel Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 25 of this Memorandum of Understanding. Section 25 - Grievance Procedure 25.1 A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any County official shall be final , the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the employee at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurance about which the employee claims to have a grievance and shall be processed in the following manner: A. Step 1. Any employee or group of employees who believes that a provision of this Memorandum of Understanding has been misinter- preted or misapplied to his or her detriment shall discuss the complaint with the employee's immediate supervisor, who shall meet with the employee within five (5) days of receipt of a written request to hold such meeting. B. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within five (5) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the Memorandum of Understanding has been misinterpreted or misapplied how misapplication or misinterpretation has affected him or her to his or her detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Personnel . The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. C. Step 3, If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within ten (10) work days to the Personnel Director. The Personnel Director or his or her designee shall have twenty-five (25) work days in which to investigate the merit of the complaint and to meet with the Department Head and the employee and attempt to settle the grievance and respond in writing. 47 00206 D. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Paragraph C above and filed within seven (7) work days of the written response of the Personnel Director 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 .term of this Memorandum of Understanding, such grievance shall be submitted in writing ; to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an .elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request. E. Step 5. If an Adjustment Board is unable to arrive at a majority decision either the employee or the County, when alleging a violation of Section 25.6 below, may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Personnel Director. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 25.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No adjustment Board and 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 unless such dispute falls within the definition of a grievance as set forth in Subsection 25.1 above. C. Proposals to add to or change this Memorandum of Understanding or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, 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 Memorandum of Understanding or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Personnel Director in pursuance of the procedures outlined in Subsection 25.1 (C) above, or the Adjustment Board in pursuance 48 00207 of the provisions of Subsection 25.1 (D) 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. E. No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 25.3 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 an employee fails to meet the time limits specified in Steps 1 through 3 above, the grievance will be deemed to have been settled and withdrawn. 25.4 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. 25.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Personnel Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meting and conferring process, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. 25.6 No Strike. During the term of this Memorandum of Understanding, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refusal to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall, not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line 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. 25.7 Merit Board. A. All grievances of employees in representation units represented by the Union shall be processed under Section 25 unless the employee elects to apply to the Merit . Board on matters within its jurisdiction.. 49 G B. No action under Paragraph C, D and E of Subsection 25.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 25.8 The Union may file a grievance at Step 3 on behalf of affected employees when action by the County .Administrator or the Board of Supervisors violates a provision of this Memorandum of Understanding. 25.9 Disputes over whether a grievance exists as defined in Section 25.1 shall be resolved through the grievance procedure. 25.10 If disqualified from taking an examination, an employee may utilize the appeal process specified in the Personnel Management Regulations for employees disqualified from taking an examination. Section 26 - Bilingual Pay A salary differential of forty dollars ($40.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Personnel . Said differential shall be prorated for. employees working less than full-time and/or 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. Employees shall not be required to translate without pay except in emergency situations. Section 27 - Retirement Contribution Pursuant to Government Code Section 31581.1, the County will continue to pay fifty (50) percent of the retirement contributions normally required of employees. Such payments shall continue for the duration of this Memorandum of Understanding, and shall terminate thereafter. Employees shall be responsible for payment of the employees ' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees ' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. Section 28 - Classification Existing classes of positions may be abolished or changed and new classes may be added to the classification plan by the Director of Personnel subject to approval by the Board of Supervisors. . The County will meet and confer with the Union on the minimum qualifications and salary of new classes. If the County wishes to add duties to classes represented by the Union, the Union shall be notified, and upon request of Union representatives of the County, will meet and consult with the Union over such duties. 50 OQ20g Section 29 - Training Reimbursement The County Administrative Bulletin on Training shall govern reimbursement for training and shall continue to limit reimbursement for career development training to two hundred ($200) dollars per semester or one hundred fifty dollars ($150) per quarter, not to exceed six hundred dollars ($600) per year, except as otherwise provided in the supplemented sections of- this Memorandum . of Understanding. Section 30 - Safety Shoes and Prescription Safety Eyeglasses The County shall reimburse employees for safety shoes and prescription safety eyeglasses in those classifications the County has determined eligible for such reimbursement. The County will reimburse eligible employees for safety shoes in an amount not to exceed twenty dollars ($20) per pair to a maximum of two (2) pair in any year. The County will reimburse eligible employees for prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County up to one pair per year. Section 31 - Safety The County shall expend every effort to see to it that the work performed under the terms and conditions of this Memorandum of Understanding is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. The Union may recommend safety guidelines, regulations, training .programs and necessary corrective actions concerning conditions associated with the work environment. Representatives of the Union may want to discuss with certain Department Heads the participation of the employees it represents on existing departmental safety committees. If a Department Head agrees, the Union may designate a representative to participate in any established Safety Committee. An employee designated by the Union may participate on each of the established district safety committees within the Department of Social Service. Section 32 - Mileage Effective August 1, 1979 mileage allowance for the use of personal vehicles on County business shall be paid according to the following per month formula: 1 - 400 miles $ .22 per mile 401 - plus miles .16 per mile The above rates shall be adjusted to reflect an increase or decrease in the cost of gasoline which shall be determined as provided below on the basis of the average price for "gasoline, all types" per gallon as listed in Table 5, "Gasoline Average Prices per gallon, U.S. City Average and Selected Areas" for the San Francisco-Oakland California area published by the Bureau of Labor Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy Report". The above mileage rates shall be increased or decreased by one cent (1 ) for each fifteen cents (15t) increase or decrease in the base price for gasoline 51 00210 which shall be defined as the average price of Baso line per gallon for July; 1979 as published ' in the Energy Report. Any such rate increase or decrease shall be effective the first of the month following publication of the index. The above formula rates include price increases reported since July, 1979. The mileage rate increase or decrease based on the Energy Report shall be contingent upon the continued availability of. the official monthly Energy Report in its present form and calculated on the same basis unless otherwise agreed upon by the parties. Mileage from an employee's home to the normal work location is not reimburseable. The normal work location is the location to which an employee is, regularly assigned. An employee with more than one. (1) normal work location shall. be reimbursed for the mileage traveled in the same workday between those work locations. When an employee is temporarily reassigned to a different work location, mileage , will be reimbursed in excess of the normal mileage between the employee's home and the regular work location. Section 33 - Staggered Work Schedule The Social Service Department shall continue to operate a staggered work schedule plan. Office hours shallremain open to the public from 8:00 a.m. to 5:00 p.m. , Monday through Friday. Permanent full-time employees shall have the option to select, subject to prior approval of the department, an eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following shall serve as the basic criteria for the staggered shift: A. All employees must be present at their office or otherwise engaged in the duties of their position during the core hours of 10:00 a.m. and 3:30 p.m. B. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m. C. The selected staggered work schedule shall consist of the same hours of work each day except for when 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. The decision of the department head or designee shall be final . D. Each employee's proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. E. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. 52 0001 - F. Conflicting requests for schedules . shall be. resolved by the Department Head or designee whose decision shall be final . G. It is understood that an individual employee's schedule may be changed due to the needs of the department. H. In the event this staggered scheduling provision- is found by the department to be inconsistent with the needs of the department, the , department shall so advise representatives of the Union and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. . Section 34 - Meal Periods Representatives of the Union may discuss varying meal periods (e.g. one-half (1/2) hour versus a one hour meal period), with certain Department Heads. Any change in the meal period agreed to by the union and Department Heads must have final approval from the County Administrator. Section 35 - Performance Evaluation In those instances when there is a written performance evaluation of an employee and the employee is requested to sign the evaluation, the employee shall receive a copy of the evaluation if she/he so requests. Section 36 - Disciplinary Actions If the employee so requests in writing, a copy of any written disciplinary action affecting an employee shall be furnished to the Union. Section 37 - Personnel Files Employees shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Personnel Department. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the regular business hours ,of the County. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to the employee who shall have the right to respond in writing to said documents. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. 53 A012 � • ri r Employees have the right to review their official personnel files which are. maintained in the Personnel Department or by their department. In .a . case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. Section 38 - Service Awards The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. Section 39 Request for Reassignment The Social Service Department shall continue the vacancy information system which lists vacant positions which the department has determined will be filled by intradepartmental reassignment. Positions shall be listed for five (5) working days in department offices prior to filling the position. Permanent full-time employees desirous of reassignment to a position in the same classification at another work location should submit a request in writing to the Social Service Department personnel office. Such request will stay in effect for ninety (90) days from• the date it is submitted. When it is determined that a vacant position may be filled by intradepartmental transfer, the department will determine from which district the transfer may be made based upon the amount and nature of work, and the names of people from that/those district(s) in the appropriate classification who have indicated a desire to transfer to that location will be submitted to the supervisor who will make a selection. In the event three (3) ';names are not available through this process, then the gaining supervisor may request additional names from the reemployment/eligible list. In the event an involuntary reassignment must be made, the department will determine the district from which this employee will come, based on workload statistics, and the least senior employee in that district in the appropriate classification will be transferred If a vacancy occurs in the same class and in an office from which an individual was involuntarily reassigned the Department shall offer the position to the person who was involuntarily re- assigned. If the employee declines; the offer, he or she will not be considered for any future vacancies except under the procedures outlined above. Section 40 - Unfair Labor Practice Either the County or the Union may file an unfair labor practice as defined in Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. 54 00213 a• •I • n q Section 41 - Length of Service Definition (for service awards and vacation accruals The length of service credits of each employee of the County shall date from the -, beginning of the last period of continuous County employment (including . temporary, provisional , and permanent status, and absences on approved leave of absence). - When an employee separates from a permanent position in good standing and 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/her department. Section 42 - Permanent Part-Time Employee Benefits Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty (50) percent of full time. If the employee works at least fifty (50) percent of full time, County retirement participation is also included. Section 43 - Permanent Intermittent Employee Benefits Permanent intermittent employees are eligible for prorated vacation and sick leave benefits. Section 44 - Permanent Intermittent Health Plan A permanent intermittent employee represented by the Union may participate. in the County Group Health Plan of medical, dental and life insurance coverage 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 and reinstatement may only be effectuated during the annual open enrollment period. Section 45 - Provisional Employee Benefits Provisional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Provisional employees may participate in the County Group Health Plan of medical, dental and life insurance coverage 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 and reinstatement may only be effectuated during the annual open enrollment period. 55 Q021� i♦ Section 46 - Flexible Workweek The Public Works Department shall continue a flexible forty (40) hour workweek for Engineering Technicians assigned to the office. Crucial to the continuance of the flexible forty (40) hour workweek will be the impact on service to the public. Section 47 - Rotational .Advisory Committee The Engineering Technician rotational advisory committee shall be continued through 1984-1985 and will meet, at a minimum, on a quarterly basis. The committee shall consist of two Engineering Technicians to be selected by the Engineering Technicians, and designated management representatives. The meetings may include a representative of the Union. The committee shall discuss Engineering Technician rotation, safety and training needs, and related matters including training classes to familiarize Engineering Technicians with positions to which they may rotate. Section 48 - Classification Study Upon receipt of the appropriate P300 as submitted by the operating department and approved by the County Administrator's Office, the County agrees to conduct a review of the Engineering Technician classes for the purpose indicated. During the course of these studies, the County shall review any information submitted by the Union relevant to such studies. The County shall make its findings known to the Union no later than the date indicated, unless extended by mutual consent of both parties, without obligation of the County to take action based upon the results of the study. However, if agreement is reached in meet and confer sessions on the concepts and specific details of a deep class for Engineering Technician, the County will implement the agreement promptly. 56 ®®21.5