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HomeMy WebLinkAboutMINUTES - 07191988 - 1.28 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 19 , 1988 by the following vote: AYES: Supervisors Powers , Fand.en, McPeak, Torlakson, Schroder. NOES: None . ABSENT: None. ABSTAIN: None. SUBJECT: LETTER OF UNDERSTANDING BETWEEN ) UNITED CLERICAL, TECHNICAL & ) 88/ 441 SPECIALIZED EMPLOYEES, LOCAL 2700, ) AFSCME REGARDING REPRESENTATION OF ) PROVISIONAL AND TEMPORARY EMPLOYEES ) ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1 . On July 12, 1988 the Employee Relations Officer ,submitted a Letter of Understanding dated June 17, 1988, entered into with United Clerical , Technical & Specialized Employees, Local 2700,_.AFSCME regarding repre- sentation of provisional and temporary employees. 2. This Board having thoroughly considered said Letter of Understanding, the same is approved. 3. Terms & Conditions of Employment. The Letter of Understanding with United Clerical , Technical & Specialized Employees, Local 2700, AFSCME regarding terms and conditions of employment for provisional and tem- porary employees is attached hereto, marked Exhibit A. 4. If an Ordinance(s) is required to implement any of the provisions of the Letter of Understanding, the Board of Supervisors shall enact said Ordinance(s) . THIS RESOLUTION is effective as of May 1 , 1988. I hereby certify that this isa true and correct cony of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED. PML BA HELD /, Clerk of the Board of Supervisors and County Administrator By , Deputy Original : Personnel Department cc: County Administrator �ounty Counsel uditor-Controller United Clerical , Technical & Specialized Employees, ' Local 2700, AFSCME RESOLUTION NO . 88/441 LETTER OF UNDERSTANDING This letter will confirm agreements reached between AFSCME, Local 2700 and CONTRA COSTA COUNTY through the recent meet and confer process pertaining to temporary and provisional employees. I . Recognition. AFSCME Local 2700 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered byl,the Memorandum of Understanding between AFSCME, Local 2700 and Contra Costa County. II . Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in Government Code, Section 31680.2, are not covered by this Letter ,of Understanding. III . Agency Shop: A. All covered temporary employees, as specified in paragraph 1 above, shall either: 1. Become and remain a member of the Union and 1pay an agency shop fee of one and one-quarter percent (1 1/4°,6) of their regular pay per semi-monthly pay period; thispercentage may be changed by the Union who will notify the County Auditor-Controller of the new percentage and effective date; or 2. Pay to the Union an agency shop service feel of the amount which does not, exceed an amount which may be lawfully collected under applicable constitutional , statutory and case law, which under no circumstances shall exceed the amount specified in' "III .A.1." above; It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or ! sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment or declare that the employee has a bona fide religious conscientious objection to joining or financially supporting a public employee organization; and b. Pay a sum equal to the agency shop service fee specified in "III .A:2. " above to a '' non-religious, non-labor charitable fund chosen by the' employee from those listed in the Memorandum of Understanding between AFSCME, Local 2700 and Contra Costa County. I B. No initiation fee or special assessments shall be required of these employees. C. The Union shall provide the County with a copy of the Union's "Hudson Procedure" for the determination and protest of its agency shop fees. The County shall provide a copy of the Union's "Hudson Procedure" to every employee hired', into a class represented by the Union after the effective date �of the Letter of Understanding. The Union shall provide a copy of said "Hudson Procedure" to every fee payor covered by this LOU within one month from the date it is approved and annually thereafter, and also as a condition to any change in the agency shop fee. Failure by an employee to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of his/her right to contest the amount of the agency shop fee. D. This agency shop service fee provision shall be effective on the. August 10, 1988 payroll . IU. Agency Shop Deductions. A. A current temporary employee or a new temporary employee hired into a job class represented by Local 2700 shall be provided through the County . Personnel Department with ; an "Employee Authorization For Payroll Deduction" card. Said employee shall have thirty (30) calendar days to fully execute the'; authorization card of his/her choice and return said form to the County Personnel Department. B. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Union's "Hudson Procedure" and the union dues; agency shop fee, or charitable contribution required under Section 3 are not received, and the employee has not timely invoked the Union's Hudson Procedure, or if , invoked, the employee's "Hudson Procedure" rights have been exhausted, the Union may, in writing, direct that the County withhold the agency shop fee from the employee's salary, in which case ;the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. C. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits,, orders, or judgements, 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. D. The authorization of payroll deductions described in "IU.A."above 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. -2- V. Salary. A. Temporary Hourly Rates. Effective June 1, 1988, for all classifications represented by the Union, the hourly rate paid temporary employees shall be the "1.00 hourly rate',' calculated on the salary schedule by dividing .the unrounded monthly salary at any step by 173.33. B. Current Em to ees. Effective June 1, 1988, all current temporary employees shall be placed at the salary step for their classification which is closest to their previous "1.05 hourly rate" (received by temporary employees in some classifications prior to June 1, 1988) or other previous rate. C. New Em to ees. Except as otherwise permitted ;in deep class resolutions, temporary employees hired on or after June 1, 1988 shall generally be appointed at the minimum step' of the salary range established for the particular class to which the appointment is made. However, the Director of ` Personnel may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. VI . Salary Increments Within Range. A. Increment Eligibility and Salary Review. Effective May 1, 1988,, all temporary employees shall begin accumulating a record of straight time hours worked for the purpose of a salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deep class resolutions, in the salary range for the classification. Advancement to a higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend granting the salary '. increment or unconditional denial of the increment. B. Frequency of Increments. Increments within range shall not be granted more frequently than once per every 2080' straight time hours worked by a temporary employee. C. Effective Date. Step increases resulting from an approved salary review shall be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Personnel Department. D. New Employees. Temporary employees hired on or after May 1, 1988 at step 1 of the salary range for their classification or at step 1 of the salary range for their assigned level in a deep class will be eligible for a salary review as described in "VI.A." above after , completion of 1040 straight time ; hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours as described in "VI.B" above. E. No provisionof this section shall be construed to make the granting of salary increments mandatory on the County. -3- VII . Paid Time Off. A. Effective May 1, 1988, temporary employees shall begin accumulating a record of straight time hours worked. B. Based upon the accumulation of straight time ;hours recorded ("VII .A. " above) , effective on the payroll following the payroll on which payment was made for the 2080th straight time hour worked, the temporary employee shall be credited with forty (40) hours of "paid time off". Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. C. Use. Paid time off (PTO) shall not be taken until "credited" (("VII .B." above) after completion of 2080 straight time hours `worked. PTO shall be taken by an employee only wi;;th the approval of his/her supervisor. D. Paid off at Separation. If a temporary employee terminates his/her County employment (separates from County service) , the employee shall be paid all currently "credited" PTO hours ("VII .B." above) and, in addition, shall be pai','d off for that portion of PTO hours earned but not yet credited on the basis of that portion of the 2080 straight time hours worked (STHW) cumulation. The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. E. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, the "credited" PTO hours and the earned but not yet credited PTO hours, a's described in "VII .D." above, shall be converted to "VACATION" hours and subject to the MOU provisions relating to VACATION. F. Paid Time Off Credit for Current Temporary Employees. All current temporary employees who are still employed on a temporary basis on or after May 1, 1988, as evidenced by having worked and been paid on the May 25 _payroll , shall be given paid time off credit under the following conditions and calculated as follows: 1. Straight time hours worked from January 1i, 1987 through April 30, 1988 shall be totalled. 2. If an employee has worked 1040 hours during that period, thereafter he/she will earn four (4) hours PTO for each 173.33 straight time hours worked to a maximum of twenty (20) PTO hours. 3. PTO calculated above shall be credited to the employee's PTO account on the June 25, 1988 payroll . 4. Beginning June 26, 1988, the employee will be eligible to use the credited PTO with the approval of his/her supervisor. _4_ VIII .Provisional Employees. AFSCME, Local 2700 is the formally recognized employee organization for all provisional employees appointed by the County from "outside County service" in classifications covered by the Memorandum of Understanding between the County and the Union. The provisional employee will continue to receive the salaries and benefits provided in the MOU for provisional employees. Provisional employees shall be covered by the agency shop provisions of the Memorandum of Understanding applicable to permanent employees, effective with the August 10, 1988 payroll , with the exception that provisional employees shall not be required to pay any initiation fee or special assessment fee. IX. Grievance Procedure. Temporary and provisional employees covered by this Letter of Understanding may grieve only alleged violations of the specific terms and conditions specified in this Letter of Understanding. X. This Letter of Understanding is subject to meet and confer effective July 1, 1989. If the foregoing conforms with your understanding, please indicate your acceptance and approval in the space provided below. . Date— / y'I By (Or nization) Contra osta County -5-