HomeMy WebLinkAboutMINUTES - 09151992 - 1.34 i
�� . 340
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 15,^1992 by the following vote:
AYES: Supervisors Powers, Fanden-, Schroder, Torlakson, McPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Memorandum of Understanding )
with Social Services Union, Local 535 ) Resolution No. 92/ 622
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. . On April 28, 1992 the Employee Relations Manager submitted a Memorandum of
Understanding dated April 24, 1992, entered into with Social Services Union, Local
535, for the following Units represented by the.Union:
Service Line Supervisors Unit
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, Local No. 535. The
Memorandum of Understanding with. Social Services Union, Local 535 is attached
hereto, and Section Numbers 1 through 53 inclusive and Attachments are
incorpordted 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 will adopt said Ordinance(s) .
5. This Resolution is effective as of October 1, 1991.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
BoarO of Supervifors on.t13-.a date hown.
ATTESTED: _S 1fca
PHIL BAT HELOR,clerk of the Boaro
of Supervisors and county Administrator
BY Deputy
Orig. Dept. : Personnel (Contact Eileen Bitten @ 646-4054)
Auditor-Controller
Operating Departments
Local No. 535
RESOLUTION NO. 92/622
LN
----
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION; LOCAL 535
SERVICE LINE SUPERVISORS UNIT
OCTOBER 1, 1991 - SEPTEMBER 30, 1993
SEIU, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
TABLE OF CONTENTS
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 1
SECTION 1 UNION RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . 3
SECTION 2 UNION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 3
2.2 Maintenance of Membership . . . . . . . . . . . . . . . . . . . . . 3
2.3 Union Dues Form . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.4 Withdrawal of Membership . . . . . . . . . . . . . . . . . . . . . 4
2.5 Communicating With Employees . . . . . . . . . . . . . . . . . . . 4
2.6 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . 4
2.7 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.8 Written Statement for New Employees . . . . . . . . . . . . . . . . 5
SECTION 3 'NO DISCRINIINATION . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . 6
4.2 Union Representatives . . . . . . . . . . . . . . . . . . . . . . 6
4.3 Social Service Office Stewards . . . . . . . . . . . . . . . . . 6
4.4 Department Notification . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . . . . 7
5.2 Lump Sum Payment . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.3 Pay Equity Implementation . . . . . . . . . . . . . . . . . . . . . . 7
5.4 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5.5 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5.6 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . . 9
5.7 Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . . 9
5.8 Compensation for Portion of Month . . . . . . . . . . . . . . . . 10
5.9 Position Reclassification . . . . . . .. . . . . 10
5.10 Salary Reallocation & Salary on Reallocation . . . . . . . . . . . 10
5.11 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . 11
5.12 Salary on Appointment From a Layoff List . . . . . . . . . . . . 11
5.13 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . 11
5.14 Salary on Voluntary Demotion . . . . . . . . . . . . . . 11
5.15 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.16 Pay for Work in Higher Classification . . . . . . . . . . . . . . . 12
5.17 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.18 Pay Warrant Errors . . . . . . . . . . . . . . . . . . 13
- i -
SECTION 6 DAYS & HOURS.OF WORK .
6.1 Normal Work Week & Deviations . . . . . . . . . 14
6.2 Staggered Work Schedule . . . . . . . . . . . . . . . . 14
6.3 9/80 Schedules . . . . . . . . . . . . . . . . . . . . . 15
SECTION 7' PAID PERSONAL LEAVE . . . . . . . . . . . . . . . . . . .. 15
SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . 16
SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . 16
SECTION 11 WORKFORCE REDUCTION & SEPARATION THROUGH LAYOFF
11.1 Workforce Reduction . . . . . . . . . . . . . . . . . . 17
11.2 Union Notification . . . . . . . . . . . . . . 17
11.3 Letter to Employees . . . . . . . . . . . . . . . . . 18
11.4 Salary on Appointment From Layoff List . . . . . . . . . : . . . 18
11.5 Separation Through Layoff . . . . . . . . .. . . . . . 18
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . 20
12.2 Observation of Holidays Falling on Saturday or Sunday . . . . 21
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . 21
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . . 21
13.3 Accrual During Leave Without Pay. . . . . . . . . . . . . . . . 21
13.4 Vacation Allowance for Separated Employees . . . . . . . . . 22
13.5 Vacation Preference . . . . . . . . . . . . . . . . . . . . 22
SECTION 14 SICK LEAVE
14.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . 22
14.2 Credits to & Charges Against Sick Leave . . . . . . . . . . 22
14.3 Policies Governing Use of Paid Sick Leave . . . . . . . . . 22
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . .. . . 25
14.5 Disability . . . . . . . . . . . . . .. . . . 26
SECTION 15 WORKERS' COMPENSATION
15.1 On-the-Job Injury. . . . . . . . . . . . . . . . . . . . . . . . . . 28
15.2 Salary Continuation . . . . . . . . . . . . . . . . . . . . . . 28
15.3 Full Pay Beyond One Year . . . . . . . . . . . . . . . . . . . . 28
15.4 Rehabilitation Integration . . . . . . . . . . . . . . . . . . . 29
15.5 Health Insurance . . . . . . . . . . . . . . . . . . . . . . . . 29
15.6 Method of Integration . . . . . . . . . . . . . 29
15.7 Integration of SDI With County Sick Leave Program . . . . . . 29
15.8 Election,of State Disability Insurance . . . .. . . . . . . . . . 30
15.9 Disability Insurance Review Committee . . . . . . . . . 30
15.10 County-wide Sick Leave Study . . . . . . . . . . . . . 30
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . 31
16.2 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
16.3 Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . 32
16.4 Leave of Absence Replacement . . . . . . . . . . . . . . . . . 32
16.5 Salary Review While on Leave of Absence . . . .. . . . . . . . . 32
16.6 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . 32
16.7 Time Off to Vote . . . . . . . . . . . . . . . . . . . . . 33
SECTION 17 JURY DUTY AND WITNESS DUTY . . . . . . . . . . . . . . . . 33
SECTION 18 HEALTH AND WELFARE, LIFE AND DENTAL CARE
18.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . 34
18.2 Health & Dental Subvention . . . . . . . . . . . . . . . . . . . 34
18.3 Increased Costs . . . . . . . . . . . . . . . . . . . . . . . . . 35
18.4 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
18.5 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . 35
18.6 Coverage During Absences . . . . . . . . . . . . . . . . . . . . 35
18.7 Retirement Coverage .. . . . . . . . . . . . . . . . . . . . . . . 35
18.8 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SECTION 19 PROBATIONARY PERIOD
19.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
19.2 Classes With Probation Periods Over Six Months . . . . . . . . . 36
19.3 Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
19.4 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
19.5 Rejection During Probation . . . . . . . . . . . . . . . . 36
19.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . . 37
19.7 Layoff During Probation . . . . . . . . . . . . . . . . . . . . . 37
19.8 Rejection During Probation of Layoff Employee . . . . . . . . .. 38
SECTION 20 PROMOTION
20.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . 38
20.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . 38
20.3 Open Exam . . . . . . . . . . . . . .. . . . . . . . . . . . . . 38
20.4 Promotion Via Reclassification Without Examination . . . . . . . 38
20.5 Requirements for Promotional Standing . . . . . . . . . . . . . 39
20.6 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . 39
20.7 Physical Examination Requirement . . . . . . . . . . . . . . . . 39
SECTION 21 TRANSFER
21.1 Transfer Conditions . . . . . . . . . . . . . . . . . . . . . . . . 39
21.2 Transfer Without Examination . . . . . . . . . . . . . . . . . 39
21.3 Transfer Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
21.4 Miscellaneous Assignments . . . . . . . . . . . . . . . . . . . . 40
- iii -
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . 41
22.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . . . 41
22.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . . 41
22.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . 41
22.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . . 41
SECTION 23 DISMISSAL, SUSPENSION AND DEMOTION
23.1 Sufficient Cause for Action . . . . . . . . . . . . . . . . . . . . 42
23.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . 43
23.3 Employee Response . . . . . . . . . . . . . . . . . . . . . . . 43
23.4 Leave Pending Employee Response . . . . . . . . . . . . . . 43
23.5 Length of Suspension . . . . . . . . . . . . . .. . . . . . . 43
23.6 Procedure on Dismissal/Suspension/Disciplinary Action . . . . 44
SECTION 24 GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps . . . . . . . . . . 44
24.2 Scope of Adjustment Board and Arbitration Decisions . . . . . .. 45
24.3 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
24.4 Compensation Complaints . . . . . . . . . . . . . . . . . 46
24.5 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . 46
24.6 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
24.7 Filing by Union . . . . . . . . . . . . . . . . . . . . . . . . . 47
SECTION 25 BILINGUAL PROVISIONS . . . . . . . . . . . . . . . . . . . . 47
SECTION 26 RETIREMENT CONTRIBUTION
26.1 Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
26.2 Retirement Study . . . . . . . .. . . . . . . . . . . . . . . 47
SECTION 27 TRAINING REIMBURSEMENT . . . . . . . . . . . . . . 47
SECTION 28 MILEAGE
28.1 Reimbursement Rate . . . . . . . . . . . . . . . . . 48
28.2 Regulations . . . . . . . . . . . . .. . . . . . . . . . . . . . . 48
SECTION 29 RESPITE LEAVE WITHOUT PAY . . . . . . . . . . . : 48
SECTION 30 CONSERVATORSHIP DIFFERENTIAL . . . . . . . . . . . . . 48
SECTION 31 NOTICE OF NEW EMPLOYEES . . . . . . . . . . . . . . . . 48
SECTION 32 PERSONNEL ACTIONS
32.1 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . 49
32.2 Inspection Exclusions . . . . . . . . . . 49
32.3 Removal & Release of Material . . . . . . . . . . . . . . . . . . . 49
32.4 Copies . . . . . . . . . . . . . . . . . . . . . . . . . . 49
32.5 Employee.Response . . . . . . . . . . . . . . . .. . . . . . . . . . 49
- iv -
SECTION 33 COUNSELLING . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SECTION 34 PERFORMANCE EVALUATION
34.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
34.2 Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . 50
34.3 Annual Evaluation . . . . . . . . . . . . . . . . . . . . . . . 50
34.4 Below Standard Evaluation . . . . . . . . . . . . . . . . . . . . . 50
34.5 Discussion With Employee . . . . . . . . . . . . . . . . . . 51
34.6 Definitions of Ratings . . . . . . . . . . . . . . . . . . . . . . . 51
34.7 Appeal Procedure . . . . . . . . . . . . . . . . . . . . . . . 51
SECTION 35 SAFETY PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . 51
SECTION 36 FLEXIBLE STAFFING
36.1 Designation . . . . . . 52
36.2 Continuous Testing for Flexibly Staffed Classes . . . . . . . . 52
SECTION 37 STAFFING ALLOCATIONS & REASSIGNMENTS . . . . . . . . . 53
SECTION 38 REIMBURSEMENT FOR MEAL EXPENSES . . . . . . . . . . . . . 54
SECTION 39 PERSONAL PROPERTY REIMBURSEMENT . . . . . . . . . . . . 55
SECTION 40 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . 56
SECTION 41 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . . . . . 56
SECTION 42 PERMANENT PART-TIME EMPLOYEE BENEFITS . . . . . . . . . 57
SECTION 43 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS . . . . . . 57
SECTION 44 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN . . . . 57
SECTION 45 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . . . . . . . 57
SECTION 46 INDEMNIFICATION & DEFENSE OF COUNTY EMPLOYEES 58
SECTION 47 MODIFICATION & DECERTIFICATION . . . . . . . . . . . . . . 58
SECTION 48 UNFAIR LABOR PRACTICE
48.1 Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
48.2 Unfair Labor Practice - County . . . . . . . . . . . . . . . . . . 58
48.3 Unfair Labor Practice - Union . . . . . . . . . . . . . . . . . . . 59
SECTION 49 DEPENDENT CARE . . . . . . . . . . . . . . . . . . . . . . . 59
SECTION 50 SPECIAL STUDY . . . . . . . . . . . . . . . . . . . . . . . . . . 60
SECTION 51 SPECIAL BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . 60
- v -
SECTION 52 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
SECTION 53 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
53.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 61
53.2 Separability of Provisions . . . . . . . . . . . . . . . . . . . . . 62
53.3 Personnel Management Regulations . . . . . . . . . . . . . . . . 62
ATTACHMENTS & EXHIBITS
ATTACHMENT A - CLASS & SALARY LISTING
- vi -
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of the 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 Board
Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for employees in the Service Line Supervisors
Unit for 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 governing board of the County and appropriate fire
districts as joint recommendations of the undersigned for salary and employee benefit
adjustments for the period commencing October 1, 1991 and ending September 30,
1993.
DEFINITIONS:
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
Count : Contra Costa County.
Demotion: 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.
Director of Personnel: The.person designated by the County Administrator to serve
as the Assistant County Administrator-Director of Personnel.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: 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/her return.
Employment List: A list of persons, who have been found qualified for employment
in a specific class
Layoff List: 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.
Permanent-Intermittent Position: 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.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: 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 revenues.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the
class which the employee formerly occupied, except as provided for under Transfer
or as otherwise provided for in this Memorandum of Understanding, in the Personnel
Management Regulations, or in specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time,
part-time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is.allocated to
another range that is within five percent (5%) of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or
other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
- 2 -
Resignation: The voluntary termination of permanent service with the County from
a position in the merit system.
Temporary Employment: Any employment in the merit system 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.
Transfer: 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 percent
(5%) at top step as the class previously occupied by the employee.
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee organization for the Social Service
First Line Supervisors' Representation unit and such organization has been certified
as such pursuant to Chapter 34-12 of Board Resolution 81/1165.
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority
representative may have dues deduction and as such the Union has the exclusive
privilege of dues deduction or agency fee for all employees in its units.
2.2 Maintenance of Membership. All employees represented by the Union who are
currently paying dues to the Union and all employees in such unit who hereafter
become members of the Union shall as a condition of continued employment pay dues
to the Union for the duration of this Memorandum of Understanding and each year
thereafter so long as the Union continues to represent the classification to which the
employee is assigned, unless the employee has exercised the option to cease paying
dues in accordance with Section 2.4.
2.3 Union Dues Form. Employees hired into classifications represented by the
Union shall, as a condition of employment at the time of employment, complete a Union
dues authorization card provided by the Union and shall have deducted from their
paychecks the membership dues of the Union. Said employees shall have thirty (30)
days from the date of hire to decide if they do not want to become a member of the
Union. Such decision not to become a member of the Union must be made in writing
to the Auditor-Controller with a copy to the 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
- 3 -
(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.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department
in writing, between August 1, 1993 and August 31, 1993, any employee assigned to
a classification represented by the Union may withdraw from Union membership and
discontinue paying dues as of the payroll period commencing September 1, 1993,
discontinuance of dues payments to then be reflected in the October 10, 1993
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.
2.5 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 department head reserves the
right to remove objectionable materials after notification and discussion with the
Union.
Representatives of the Union, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Department Head or designated representative; said representatives
may distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress. Such
placement and/or distribution shall not be performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents employees
for the following purposes:
A. To post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact a Union officer 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.
2.6. 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
- 4 =
1. Such space is available and its use by the Union is scheduled twenty-four (24)
hours in advance;
2. there is no additional cost-to the. County;
3. it does not interfere with normal County operations;
4. employees in attendance are not on duty and are not scheduled for duty;
5. 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.
2.7 Advance Notice. The Union shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation proposed to be adopted by the
Board, or boards and commissions designated by the Board, and to meet with the
body considering the matter.
On matters within the scope of representation the County agrees that the Personnel
Department will notify a Union's designee(s) when an issue within the scope of
representation is placed on the Board's agenda. If there is insufficient time to meet
and confer on an issue prior to the Board's meeting, the item shall be deferred if so
requested by the Union.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must, act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical after its action.
2.8 Written Statement for New Employees. The.County will provide a written
statement to each new employee hired into a classification which is in the Social
Service First Line Supervisors' Unit that their classification is represented by Local
535, and the name of a representative.of Local.535.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
political opinion, 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 or physical handicap.
- 5 -
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 for presentation of testimony
or other reasons;
C. if their attendance is required for meetings 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 jo
present a grievance;
E. if they are designated as spokesperson or representative of the Union and as
such make representations or presentations at meetings or hearings on wages,
salaries and working conditions; provided in each case advance arrangements
for time away from the employee's work station or assignment are made with
the appropriate department head or designee, and the County'agency calling
the meeting is responsible for determining that the attendance of the
particular employees) is required.
4.2 Union Representatives. The Union shall designate three (3) representatives
who shall be allowed time off on County time up to five (5) hours per week per
representative, for meetings during regular working hours when formally meeting
and conferring in good faith or consulting with the Employee Relations Officer or
other management representatives on matters within the scope of representation or
for the reasons as provided in 4.1.A-E above. In order to minimize disruptions due
to the representative's absence, the representative will coordinate known work
assignments with his/her Division Manager; and, to the extent possible, the
Department will coordinate events within the representative's scope of responsibility
which may arise during the representative's absence.
4.3 Social Service Office Stewards. The Union may designate three (3) stewards in
the Social Service Department who may be allowed to attend meetings held on County
time for the purposes provided in 4.1.D above. In order to minimize disruptions due
to the steward's absence, the steward will coordinate known work assignments with
his/her Division Manager; and, to the extent possible, the Department will
coordinate events within the steward's scope of responsibility which may arise
during the steward's absence.
4.4 Department Notification. The Union shall notify in writing the Department Head
or designee of those persons designated as official representatives and as stewards
and of any changes of such designations when made.
- 6 -
SECTION 5 - SALARIES
5.4 General Wage increases.
A. Effective April 1, 1992 the employees in each represented classification
shall receive a general wage increase of 30 levels on the County Salary
Schedule 0%) .
B. Effective October 1, 1992 each represented classification shall receive a
general wage increase of 30 levels on the County Salary Schedule (3%) .
5.2 Lump Sum Payment.
In lieu of a retroactive pay requiring special payroll recomputation processing
back to October 1, 1991, the County will make a lump sum payment to each
employee for the months of October, November and December, 1991 and
January, February and March of 1992 computed as follows: Employee regular
pay, overtime pay, and specific other earnings ordinarily computed as a
percentage of base pay will be added together for each applicable pay period
to determine the "Retro Pay Base" (RPB) . This base will then be multiplied
by 3% to arrive at the employee's lump sum payment. The payment amount
thus computed will be added to the employee's May 10, 1992 paycheck where
it will be listed separately as a "LUMP SUM PAYMENT" subject to normal tax
withholding and retirement .deduction requirements.
5.3 Pay Equity Implementation. In recognition of the fact that all Pay Equity
adjustments cannot be fully completed within the time frame of the 1991-1993 MOU
between the County and the Workers' Chapter of SEIU Local 535, the parties agree
as follows:
A. Computation of Pay Equity Adjustments
The magnitude of Pay Equity adjustments is determined by applying the
method of least squares to data (points vs salary) to create a trend line.
Each classification below the trend line shall receive Pay Equity
adjustments until such time as,the total of pay equity adjustments equal the
initial difference between the salary of the class and that represented by
the trend line.
B. Funding; for Pay Equity Adjustments
The County shall provide fifty cents ($.50) in Pay Equity adjustments for
each one dollar ($1.00) general wage increase authorized for classifications
represented by the participating Unions collectively, provided that the
total of Pay Equity adjustments in any contract year shall not exceed
twenty-five percent (25%) of the general payroll increase.
C. Method of Pay Equity Adjustments
The parties understand and agree that as various classifications reach the
point where further Pay Equity adjustments are unnecessary, the Pay
Equity fund will be disbursed among remaining classes and that this may
- 7 -
result in some classes receiving Pay Equity adjustments in excess of 50%of
their general wage increase.
D. Implementation Procedure
The parties agree to commence meet and confer discussions not later than
June 1, 1992 regarding the effective dates of the Pay Equity adjustments,
the distribution of the Pay Equity adjustments among the eligible classes
for the current contract year and the methodology for determining the
distribution of Pay Equity adjustments in subsequent years.
Upon completion of this meet and confer process, the parties will enter into
a supplemental agreement.regarding Pay Equity.
E. Each participating union will promise not to bring or support comparable
worth or pay equity litigation against Contra Costa County or any agent,
servant, officer, or employee of Contra Costa County and further promise
that in the event litigation advancing comparable worth or pay equity
claims is brought against the County or any of its agents, servants,
officers, or employees, within five years from the effective date of this
agreement, by any person(s) employed or formerly employed in a class(s)
represented by the participating unions, the union(s) representing such
class(s) shall each pay up to five thousand dollars ($5000) of the County's
attorney fees and costs; provided that the union is not named as a co-
defendant in such litigation.
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 a step above the
minimum of the range.
,f be rovided for in dee i class
X14 II
IU II
III I�
IM
I
II
1
I'
result in some classes receiving Pay Equity adjustments in excess of 50% of
their general wage increase.
D. Implementation Procedure
The parties agree to commence meet.and confer discussions not later than
June 1, 1992 regarding the effective dates of the Pay Equity adjustments,
the distribution of the Pay Equity adjustments among the eligible classes
for the current contract year and the methodology for determining the
distribution of Pay Equity adjustments in subsequent years.
Upon completion'of this meet and confer process, the parties will enter into
a supplemental agreement regarding Pay Equity.
E. Each participating union will promise not to bring or support comparable
worth or pay equity litigation against Contra Costa County or any agent,
servant, officer, or employee of Contra Costa County and further promise
that in the event litigation advancing comparable worth or pay equity
claims is brought against the County or any of its agents, servants,
officers, or employees, within five years from the effective date of this
agreement, by any person(s) employed or formerly employed in a class(s)
represented by the participating unions, the union(s) representing such
class(s) shall each pay up to five thousand dollars ($5000) of the County's
attorney fees and costs; provided that the union is not named as a co-
defendant in such litigation.
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 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 Employees. 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 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. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has
been reallocated or reclassified to a class allocated to the same salary range
- 8 -
or to a salary range which is within five percent (5%) of the top step of the
previous classification, remains unchanged.
E. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not
required to serve a probation period is determined in the same way as the
anniversary date is,determined fora new employee who is appointed the same
date, classification and step and who then successfully completes the required
probationary period.
F. Transfer Anniversary. 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
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 which must be
set at the time submitted by the Appointing Authority.
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 administrative 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 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.
The Social Service Department shall give reasonable consideration to requests for
part-time assignments.
- 9
5.8 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on earned vacation or authorized sick leave, shall
receive as compensation for services an amount which is in-'the same ratio to the
established monthly rate as the number of days worked is to the actual working 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.
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 5.11
- 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 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 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 in the new range do
not contain the same rates as the old range, each incumbent shall be placed
at the step of the new range which-is next above the salary rate received
in the old range, or if the new range does not contain a higher step, at the
step which is next lower than the salary received in the 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
- 10 -
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 5.15, 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 percent (5%), the employee's salary shall be adjusted to the step in
the new range which is at least five percent (5%) 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 Appointment From a Layoff List. In the event of the appointment of
a laid off employee from the layoff list to the class from which the employee was laid
off, the employee shall be appointed at the step which the employee had formerly
attained in the higher class unless such step results in an increase of less than five
percent (5%), in which case the salary shall be adjusted to the step in the new range
which is five percent (5%) greater than the next higher step, if the new range,
permits such adjustment.
5.13 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.14, 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 percent (5%) , the employee's salary shall be adjusted to the step in the new
range which is five percent (5%) 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.
5.14 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, unless the Board provides otherwise by resolution, 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.
5.15 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the
- 11 -
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 resolution, the salary of the employee shall be set as provided
in the deep class resolution at a step not to exceed a five percent (5%) increase in the
employee's base salary. However, if the deep class transfer occurs to or 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 percent (5%) above the top base
step of the deep class level or class in which they have status currently.
5.16 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Subsection 5.11 - Salary on Promotion of this
Memorandum, commencing on the eighteenth (18th) 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. Employees 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. The appropriate authorization form has been submitted by the Department Head
at.least fifteen .(15) days prior to the expiration of the seventeen (17) day
waiting period and approved by the County Administrator.
6. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
7. 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.
- 12 -
8. 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.
9. 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.
10. 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.
5.17 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 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 5.18, 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.
5.18 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 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 January 1, 1986 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 two (2) year 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.
- 13 -
When the County notifies an employee of an overpayment and a.proposed repayment
schedule, the employee may accept the proposed repayment schedule or may request
a meeting through the County Personnel Department. If requested, a meeting shall
be held to determine a repayment schedule which shall be no longer than one and
one-half times (1-1/2) the length of time the overpayment occurred.
SECTION 6 - DAYS AND HOURS OF WORK
6..1 Normal Work Week & Deviations. The normal work week of County employees
is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually
five (5) eight (8) hour days; however, where operational requirements of a
department require deviations from the usual pattern of five (5) eight (8) hour days
per work week, an employee's work hours may be scheduled to meet these
requirements, but his working time shall not exceed an average of forty (40) hours
per seven (7) day period throughout an operational cycle, and the Department Head
shall prepare written schedules in advance to support all deviations, the schedules
to encompass the complete operational cycle contemplated.
6.2 Staggered Work Schedule. The Social Service Department shall continue to
operate a staggered work schedule plan. Office hours shall remain 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:
1. 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.
2. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m.
3. 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.
4. Lunch periods of one (1) or one half (1/2) hour shall be scheduled. In the
event that the employee desires to change the scheduled lunch hour from one
(1) hour to one half (1/2) hour, or from one half (1/2) hour to one (1) hour,
that change must be .approved in advance by the Department Head or
designee. Lunch periods shall be taken within one (1) hour of the midpoint
of the employee's scheduled workday.
5. Each work unit designated by placement under a single line supervisor shall
.have at least one line worker in the office during the hours of 8:00 a.m. to
5:00 p.m. Each such unit shall also have at least one additional line worker
in the office or otherwise engaged in the duties of their positions during the
hours of 8:00 a.m. and 4:30 p.m. There are two situations in which
14 -
exceptions may be made to these minimum coverage provisions. Units which
are placed under a single supervisor but which are split between two or more
buildings may be clustered with another unit of a like program function in the
immediate work areas of the same building for the purpose of maintaining
minimum coverage during the time period between 4:30 p.m. and 5:00 p.m.
A unit of three or fewer workers may be clustered with another unit of a like
program function in the immediate work area for purpose of maintaining
minimum coverage, provided that the total number of workers in the units so
clustered shall not exceed eight (8)..
6. Each employee's proposed staggered schedule must be submitted in writing
and approved by the Department Head or designee'prior to implementation.
7. Changes in staggered schedules shall be requested in writing and must have
the approval of the Department Head or designee prior to implementation.
8. Conflicting requests for schedules shall be resolved by the Department Head'
whose decision shall be final.
9. In the event coverage within a location becomes temporarily reduced as a
result of scheduling revisions or absenteeism, employees will be expected to
assure that the necessary functions are performed, particularly the answering
of telephones.
10. It is understood that an individual employee's schedule may be changed due
to the needs of the department.
11. 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 Local 535 and the County and the Union shall meet
and confer in an attempt to resolve the inconsistency.
6.3 9/80 Schedules. The practice within the Social Service Department governing
the authorization for certain employees to work a schedule of eight (8) nine hour
days and one (1) eight hour day in a two week scheduling period shall continue,
unless'the parties mutually agree to changes in such practice.
SECTION 7 - PAID PERSONAL LEAVE
Employees in the Social Services First-Line Supervisors' Unit will be credited
effective January 1, 1990 with five (5) days of paid personal leave to recognize the
fact-that these employees do not and will not receive payment for overtime. Said five
(5) days must be used during the calendar year in which credited and may not be
carried forward. This paid,personal leave is separate from paid vacation and will be
accounted for accordingly. Upon separation from County service, there shall be no
payoff of unused personal leave credits. Administration of paid personal leave shall
be administered in accordance with provisions of Administrative Bulletin 323.
- 15 -
SECTION 8 - CALL BACK TIME
If approved by the County Administrator's Office, any employee assigned to the
Emergency Response Program who is called back to duty shall be paid time and one-
half for the actual time worked plus one (1) hour. Such employee called back shall
be paid a minimum of two (2) hours at time and one-half for each call back.
SECTION 9 - ON-CALL DUTY
If approved by the County Administrator's Office, 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. Any employee assigned to the Emergency Response Program who is
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..
Those positions which are on-call shall be designated by the appointing authority
whose decision is final. Assignment to an on-call position shall be in accordance with
Section 34.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees shall receive five percent
(5%) above their base salary rate.
To qualify for shift differential, an employee must have a regularly assigned daily
work schedule which requires:
1. Completion of more than one and one-half (1-1/2) hours over the normal actual
working time; or
2. 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.
- 16 -
SECTION 11 - WORKFORCE REDUCTION & SEPARATION THROUGH LAYOFF
11.1 Workforce Reduction. In the event funding reductions or shortfalls in funding
occur in the Social Service Department, the Department, after notifying the Union
of its intent to implement this procedure, shall effect the following actions as
necessary to alleviate layoffs:
A. Identify the classifications) in which reductions must occur due to funding
reductions or shortfalls.
B. Advise all employees-in the identified classification(s).
C. Accept all voluntary leaves of absence from employees in the classifications)
being reduced.
D. Consider part-time requests from employees in the classifications) to be
reduced to a minimum of twenty (20) hours per week; such part-time requests
shall be allowed only up to a maximum of one-third (1/3) of the employees in
the classification(s) identified for reduction.
E. Accept all requests for lateral transfer and voluntary demotions within the
Department to classifications not being reduced, such requests shall be
honored on the basis of seniority only up to the number of vacant authorized
positions in classifications not being reduced.
F. At such time as funding and authorization are available to increase staffing in
previously reduced programs, employees who voluntarily demoted, or
voluntarily reduced their work hours due to workforce reduction, shall be
offered in order of seniority either increased hours or reinstatement to a
position in their former class; provided, however, the Department shall not
be obligated to offer an employee more than three positions in their former
class. An employee may notify the Department of his/her desire not to be
offered a position in their former class for a period not to exceed ninety (90)
calendar days. Such notification shall constitute a response to an offer and
may be exercised twice.
G. No actions taken by the Department shall be effected which alter an employee's
seniority rights unless said employee acknowledges such alteration in
seniority rights and still requests the change in status.
H. If a layoff occurs after implementing the above provisions, the provisions of
Section 11.2 shall govern such layoff.
11.2 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 notice of layoff except in
cases of emergency.
- 17 -
11.3 Letter to Employees. At layoff, employees will be provided with a letter that
explains when their layoff list expires and the last-date for contacting the County
to request an extension.
11.4 Salary on Appointment From Layoff List. Salary on appointment from a layoff
list shall be in accordance with the provisions of Section 5.12.
11.5 Separation Through Layoff.
A. 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)
B. 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.
C. Layoff By Displacement.
1. 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 a permanent-intermittent or permanent part-time
position, the least senior employee being displaced first.
2. 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.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same type
respectively.
2. 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 11.5.C.1, or (2) in a class of the same or lower salary level as
provided in Section 11.5.C.2 if no full time employee in a class at the
same or lower salary level has less seniority than the displacing
employees.
3. 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
- 18 -
displace a full time employee with less seniority as provided in these
rules.
E. 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 per-
manent position within the employee's layoff eligibility.
F. Eligibility 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, or who has
transferred 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.
G. 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 or. who have transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff seniority in the class from which
laid off, displaced, demoted, or transferred on the date of layoff, the most
senior person 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.
H. Duration of Layoff and-Reemployment Rights. The name of any person laid
off or granted reemployment privileges after application shall continue on
the appropriate 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.
I. 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 or who have transferred in lieu of
layoff or displacement. 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
- 19 -
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.
J. Removal of Names from Reemployment and' Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or
layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. 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.
4. If three (3) offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible
5. 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 by certified mail to the person's last known
address.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Years Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate
as holidays.
B. Each full time 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.
_ 20 -
C. Permanent part-time employees shall receive personal holiday credit in the
same ratio to the personal 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.
D. Employees shall accrue their personal holiday,credit during months they
are in pay status provided however that no employee may accrue more than
forty (40) hours of personal holiday credit beginning January 1, 1988. On
separation from County service, an employee shall be paid for any unused
personal credits at the employee's then current pay rate.
E. Employees in positions which work around the clock shall continue to
celebrate Admission Day, Columbus Day, and Lincoln's Day..
12..2 Observation of Holidays Falling on Saturday or Sunday. If any holiday listed
in Section 12.1.A above falls on a Saturday, it shall be observed on the
preceding Friday. If any holiday listed in Section 12.1.A falls on a Sunday,
it shall be observed on the following Monday'.
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 5.8 of this Memorandum of Understanding. Vacation may be taken in
increments of 1/2 hour. Vacation 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; and none shall be allowed in excess of actual accrual
at the time vacation is taken.
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
Employees in permanent part-time and permanent-intermittent positions shall accrue
vacation benefits on a pro-rata basis as provided in Section 36-1.006 of Board
Resolution #81/1165.
13.3 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or unpaid military leave.shall accrue any vacation credit during the time
- 21
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 ser-
vice, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
13.5 Vacation Preference. Preference of vacation shall be given to employees
according to their seniority in their department as much as is reasonably possible.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized;
it is not paid time off which employees may use for personal activities.
14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as
prescribed by County Salary Regulations. Employees who work a portion of a month
are entitled to a pro rata share of the monthly sick leave credit computed on the same
basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-tenth
hour (6 minutes) increments.
Unused sick leave credits accumulate from year 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 reemployed in a permanent position
within the period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick. leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions
apply:
"Immediate Family" means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-
law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin,
stepbrother, or stepsister of an employee and/or includes any other person for whom
the employee is the legal guardian or'conservator, or any person who is claimed as
a "dependent" for IRS reporting purposes by the employee.
- 22 -
"Employee" means any person employed by Contra Costa County in an allocated
position in the County service.
"Paid Sick Leave Credits" means those sick leave credits provided for by County
Salary Regulations and memoranda of understanding.
"Condition/Reason": With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is requested
or verified, a brief statement in non-technical terms from the employee regarding
inability to work due to injury or illness is sufficient.
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. Temporary Illness or Injury of an Employee. Paid sick leave credits may
be used when the employee is off work because of a temporary illness or
injury.
B. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby
prevented from engaging in any County occupation for which the employee
is qualified by reason of education, training or experience. 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 following conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave for
permanent disability.
3. The appointing authority may review medical evidence and order
further examination as deemed 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.
C. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain secluded due to exposure to a
communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. 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
- 23 -
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.
2. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work or
that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom the employee shall be required to undergo a
physical examination by a physician selected by the County. Should
the medical report so recommend, a mandatory leave shall be imposed
upon the employee for the duration of the disability.
3. 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 dates of the employee's recovery
from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental appointments for
the employee's own care; and
2. For working time used by an employee for prescheduled medical and
dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
G. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family,
but this shall not exceed three working.days, plus up to two days of work
time for necessary travel.
H. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he is on vacation but the County
Administrator may authorize it when extenuating circumstances exist
and the appointing.authority.approves.
2. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but
is not in pay status.
- 24 -
14.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. The following procedures
apply
A. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration
of the absence.
2. Employees are responsible for keeping their department informed on
a continuing basis of their condition and probable date of return to
work.
3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific locations and/or persons the
department may contact to verify the, employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be
denied if these procedures are not followed. Abuse of sick leave on the
part of the employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of
the sick leave claim. The department head or designee may make ,
reasonable inquiries about employee absences. The department may
require medical verification for an absence of three (3) or more working
days. The department may also require medical verification for absences
of less.than three.(3) working days for probable cause if the employee had
been notified in advance in writing that such verification was necessary.
Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification
was not made in accordance with departmental sick leave call-in
guidelines. These inquiries shall be subject to any restrictions
imposed by the employee under Section 14.4:A.
2. Obtaining the employee's signature on the Absence/Overtime Record,
or on another form established for that purpose, as employee
certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation regarding
the sick leave claim.
- 25 -
4. Requiring the employee to obtain a physician's certificate or
verification of the employee's illness, date(s) the employee was
incapacitated, and the employee's ability to return to work, as
specified above.
5. In absences of an extended nature, requiring the employee to obtain
from their physician a statement of progress and anticipated date on
which the employee will be able to return to work, as specified above.
Department heads are responsible for establishing timekeeping procedures which will
insure the submission of a time card covering each employee absence and for
operating their respective offices in accordance with these policies and with
clarifying regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Personnel Director or designated
management staff of the County Personnel Department should be contacted with
respect to sick leave determinations about which the department is in doubt.
14.5 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 after
giving notice 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 or permanently
physically or mentally incapacitated for the performance of the employee's
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 and on the employee's paid time,
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
- 26 -
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/she deems necessary in accordance
with appropriate provisions of this Memorandum of Understanding.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (a) or (b) above, the
employee shall be given notice of the proposed leave of absence or
suspension by letter or memorandum, delivered personally or by certified
mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which may
be indeterminate until a certain physical or mental health condition has
been attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon which the
action is taken;
5. a statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice)
to respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified
in writing may place the employee on a temporary leave of absence, with
pay.
G. The employee to whom the notice has been delivered or mailed shall have
seven (7) work days to respond to the appointing authority either orally
or in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the
order to the employee either personally or by certified mail, effective
either upon personal delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may,
within ten (10) calendar days after personal delivery or mailing to the
employee of the order, appeal the order in writing through the Director of
Personnel to the Merit Board. Alternatively, the employee may file a
written election with the Director of Personnel waiving the employee's
right to appeal to the Merit Board in favor of appeal to a Disability Review
Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
- 27 -
1. the physical or mental health. condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's performance
of duty, or is not sufficient to endanger the health or safety of the
employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Personnel to the Merit Board for hearing
under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical
reports submitted in evidence in such hearings shall remain confidential
information and shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and
his/her representative) will meet with the County's representative to
mutually select the Disability Review Arbitrator, who may be a de facto
arbitrator, or a physician, or a rehabilitation specialist, or some other
recognized specialist mutually selected by the parties. The arbitrator
shall hear and review the evidence. The decision of the Disability Review
Arbitrator shall be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2. The arbitrator may make his/her decision based only on evidence
submitted by the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension is
found not to be sustainable, subject to the employee's duty to mitigate
damages.
4. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
M. It is understood that the benefits specified in Sections 14 and 15 shall be
coordinated with the rehabilitation program as determined by the labor-
management committee.
N. No employee who has been granted a leave without pay or 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.
SECTION 15 - WORKERS' COMPENSATION
15.1 On-the-Job In'u . Employees who leave work as a result of an on-the-job
injury will have the balance of that day charged to continuing pay. This will be con-
- 28 -
sidered as the last day worked for purposes of determining Workers' Compensation
benefits.
15.2 Salary Continuation. A permanent employee shall continue to receive full
regular salary during any period of compensable Aemporary disability absence in
accordance with Section 5 of the January 28, 1992 Letter of Agreement between the
County and the Health Care Coalition. "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/her 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.
Continuing pay begins on the date of injury and continues until the temporary
disability ends, or until one (1) year from the date of injury, whichever comes first.
All continuing pay under the Workers' Compensation Program will be cleared through
the County Administrator's Office, Risk Management Division.
15.3 Full Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one year, applicable 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.
15.4 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 applicable 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.
15.5 Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick i
leave or vacation with Workers' Compensation benefits.
15.6 Method of Integration. An employee's sick leave and/or vacation charges shall
be calculated as follows:
C = 8 [1 - (WTSA
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
i
- 29 -
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 who has permanent status 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
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.
16.3 Parental Leave. The County agrees to meet and confer with a subcommittee
of the Health Coalition within ninety (90) days following ratification of the
Memorandum of Understanding concerning revisions to the County's Policy on Leave
of Absence (Parental Leave) . Until such reopener, Departments will continue
practices currently in effect.
16.4 Leave of Absence Replacement. 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
- 32 -
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.
16.7 Time Off to Vote. Employees represented by the Union who do not have suf-
ficient time outside of working hours to vote at a statewide election, may, without
loss of pay, take off enough working time which will enable the employee to vote.
No more than two (2) hours of the time taken off for voting shall be without loss of
pay. The time off for voting shall be only at the beginning or end of the regular
working shift, whichever allows the most free time for voting and the least time off
from the regular working shift.
Any employee seeking time off to vote under the provisions of this Section, must
submit a written request, at least two (2) working days in advance, to his or her
immediate supervisor, stating the following: name; job classification; department;
a statement "I am a registered voter"; geographic location and address of the
employee's polling place; amount of time off requested and whether it is to be at the
beginning or end of the employee's regular work day; and a clear statement as to
why the employee is unable to vote during the regular hours that the polls are open.
SECTION 17 - JURY DUTY AND WITNESS DUTY
A. 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 on which they were previously scheduled to work.
- 33 -
B. 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 allowances) or they make 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 County Programs. The County will continue the existing County Group Health
Plan program of medical, dental and life insurance coverage through Delta Dental
Plan, Safeguard Dental Plan, Aetna Life Insurance and the medical insurance options
of Kaiser-Permanente Foundation Health Plan, Contra Costa County Health Plan and
First Choice Health Plan to all permanent employees regularly scheduled to work
twenty (20) or more hours per week. During the term of this Memorandum of
Understanding, all conditions and agreements regarding health, dental and related
benefits contained in the January 28, 1992 Letter of Agreement between the County
and the Health Care Coalition shall be in effect.
18.2 Health and Dental Subvention. The following rates apply to permanent full
time and permanent part-time employees working at least 20/40th a week.
Permanent-intermittent, provisional, and permanent part-time employees working
less than 20 hours a week may enroll in a plan but are not entitled to the County
subvention.
A. Subvention for 1991-1992.
1. CCHP and Dental: County will contribute $10 single and $26 family for
monthly premium increases; employees will continue to pay $.01 per
month.
2. Dental Only: Employees will continue to pay $.01 per month.
3. 1st Choice, Kaiser and Dental: County will contribute 77 percent
(77%) toward monthly. health and dental premiums. The County
subvention for Safeguard B to be the same contribution as for
Safeguard A not to exceed total premium of Safeguard B.
B. Subvention for 1992-1993.
1. CCHP and Dental: County will contribute 98 percent (98%) of monthly
premium cost for health and dental premiums.
- 34 -
2. Dental Only: Employees will continue to pay $.01 per month.
3. 1st Choice, Kaiser and Dental: County will contribute 77 percent
(77%) toward monthly health and dental premiums. The County
subvention for Safeguard B to be the same contribution as for
Safeguard A not to exceed total premium of Safeguard B.
18.3. Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In
addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year.
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 Dependents) 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.
18.5 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.
18.6 Coverage During Absences. An employee on approved leave shall be allowed
to continue his/her health plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire premium for the Health Plan
during said leave.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or
continuing group coverage subject to the provisions of the Consolidated Omnibus
Budget Reduction Act (COBRA) provided the employee pays the entire cost of
coverage, plus any administrative fees, for the option selected. The entire cost of
coverage shall be paid at a place and time specified by the County. Late payment
may result in cancellation of health plan coverage with no reinstatement allowed.
An employee who terminates County employment may convert to individual health
plan coverage, if available, or may continue County group health plan coverage to
the extent provided under COBRA by making premium payments to the County at a
time and place specified by the County.
18.7 Retirement Coverage. Upon retirement, employees may remain in the same
County, group medical plan if immediately before their retirement they are either
- 35 -
active subscribers to one of the County Health Plans or if on authorized leave of
absence without pay they have retained individual conversion membership from the
County plan.
18.8 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 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 Classes With Probation Periods Over Six Months. Those classes represented
by the Union which have probation periods in excess of six (6) months: None.
19.3 Open Exam. 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.
19.4 Criteria. The probationary period shall commence from the date of.
appointment. It shall not include time , served in provisional or temporary
appointments or any period of continuous unpaid absence exceeding fifteen (15)
calendar days, except as otherwise provided by law.
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
affiliations or opinions, 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
the grounds and facts by which it is claimed that grounds for appeal exist
- 36 -
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 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 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 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. 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. 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 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.
- 37 -
19.7 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.
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 Competitive Exam. 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
authority, shall determine whether an examination is to be called on a promotional
basis.
20.3 Open Exam. 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:
1. 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.
2. The incumbent of the position must have performed at the higher level for one
(1) year.
3. The incumbent must meet the minimum education and experience requirements for
the higher class.
4. The action must have approval of the Personnel Director.
- 38 -
5. The Union approves such action.
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 exa-
minations 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) per cent credit for
seniority in any promotional examination.
20.7 Physical Examination Requirement. County employees who are required as
part of the promotional examination process to take a physical examination shall do
so on County time at County expense.
SECTION 21'- TRANSFER
21.1 Transfer Conditions. 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.
- 39 -
21.2 Transfer Without Examination. With the approval of the appropriate
appointing authority/authorities and the consent of the employee, the Director of
Personnel may transfer an employee from one job classification to another job
classification without examination under the following conditions:
A. the duties and responsibilities of the position from which the employee is being
transferred are within the occupational area or directly associated with the
duties and responsibilities of the position to which the employee is being
transferred.
B. the employee must possess the minimum qualifications for the job classification
to which the employee is being transferred.
C. the employee must serve the probationary period required for the classification
into which the employee is being transferred.
D. an employee rejected during the probationary period or who resigns during the
probationary period for other than disciplinary reasons shall have the right at
that time to be restored to a position in.the classification in the department from
which the employee was transferred.
The Personnel Director, upon request, will provide written justification for invoking
this section.
21.3 Transfer Policy. 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.
21.4 Miscellaneous Assignments.
A. Vacancies which do not involve the .supervision of Social Casework
Specialists, or are not covered by Section 37:G, shall be open for bid to
all employees covered by this agreement in accordance with provisions of
Section 34.
B. When an employee covered by this agreement is appointed to an out of class
appointment to a position outside of this bargaining unit, but within the
Department, and such appointment is due to the lack of an eligible list, the
Department shall request County Personnel to schedule an examination for
said classification except where extenuating circumstances exist.
C. Social Work Supervisors II with Emergency response experience will be
given primary consideration in assigning substitute supervisors to the
after-hours Emergency Response Program. All such Social Work
Supervisors II will be given the opportunity annually to be placed on the
substitute supervisor list in order to be eligible to receive overtime pay
for the after-hours Emergency Response Program.
- 40 -
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, up to four (4) weeks, for a
specific reason, 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 the
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
concurrence of the employee and the appointing authority, except that an oral
resignation rescinded in writing by the end of the workday following the oral
resignation will be accepted by 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 of the employee's appeal rights under the
- 41 -
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 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.
SECTION 23 - DISMISSAL, SUSPENSION AND DEMOTION
23.1 Sufficient Cause for Action. 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. incompetence 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,
13. misappropriation of County funds or.property,
- 42
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), 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:
1. A statement of the action proposed to be taken.
2. A copy of the charges; including the acts or omissions and grounds upon which
the action is based.
3. 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.
.4. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
5. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
23.3 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.
23.4 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.
23.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
- 43 -
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 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 Definition and Procedural Steps. 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 state of
the process. Grievances.. must be filed within thirty (30) days of the incident or
occurrence about which the employee claims to have a grievance and shall be
processed in the following manner:
Step 1. Any employee 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. If the issue is not resolved, the procedures hereinafter may be invoked.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the. employee
may submit the grievance in writing within ten (10) 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 fifteen (15) work days in which
to respond to the grievance in writing.
- 44 -
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 (20) 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.
Step 4. No grievance may be processed under this Section which has not first been
filed and investigated in accordance with Step 3 above and filed within ten (10) 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 and render a decision.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
employee or the County 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. 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.
The.parties agree to meet and confer regarding a new standing list of Arbitrators
within 60 days of the adoption of this Memorandum of Understanding.
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 bylaw.
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 any arbitrator shall have the power to
amend or modify this Memorandum of Understanding or written agreements
- 45 -
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 24.1 above, or the Adjustment Board in pursuance of the
provisions of Subsection 24.1 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. If any award by an Adjustment Board or arbitrator requires action by the
Board of Supervisors or the Merit Board before it can be placed in effect,
the County Administrator and the Personnel Director will recommend to
the Board of Supervisors or the Merit Board, as appropriate, that it follow
such award.
24.3 Time Limits. 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
5 above, the grievance will be deemed to have been settled and withdrawn. -
24.4 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 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. Effective
'January 1, 1986, no adjustment shall be retroactive for more than two (2) years from
the date upon which the complaint was filed.
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.
24.5 Strike/Work Stoppage. 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 refuse 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.
- 46 -
24.6 Merit Board.
A. All grievances of employees 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 C, D and E of Subsection 24.1 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.
24.7 Filing by Union. 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.
SECTION 25 - BILINGUAL PROVISIONS
A salary differential of fifty dollars ($50) 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.
SECTION 26 - RETIREMENT CONTRIBUTION
26.1 Contributions. 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.
26.2 Retirement Study. During the life of this MOU, the County agrees to
participate in a joint labor-management committee whose specific objective will be to
identify and evaluate any feasible methods of lessening or eliminating the,difference
in benefit levels between the Tier I and Tier II retirement plans. This committee will
make use of the resources and advice of the County Retirement Office and its staff
and will report its findings and recommendations to the County Administrator.
SECTION 27 - TRAINING REIMBURSEMENT
The Social Service Department shall.establish an annually renewable training
reimbursement fund in the amount of$5,000 for the exclusive purpose of reimbursing
employees covered by this agreement for the cost of tuition, fees, books, and other
employee expenses incurred in the pursuit of work.related education, continuing
education, or work related graduate degree. Said, fund shall replace the career
- 47 -
development training reimbursement described in the County Administrative Bulletin
on Training. Reimbursement under said fund will be limited to two hundred dollars
($200) per semester or one hundred fifty dollars ($150) per quarter, not to exceed
six hundred dollars ($600) per year.
When authorized as operationally beneficial to the Department, up to $50 of the
training reimbursement fund per calendar year per employee may be used toward
conference attendance or related materials not covered in the Professional
Development Allowance in Section 51.4.
SECTION 28 - MILEAGE
28.1 Reimbursement Rate. Effective May 1, 1992, the mileage allowance for use of
personal vehicles on County business shall be paid according to the rates allowed by
the Internal Revenue Service (currently $.28 per mile) and shall be adjusted to
reflect changes in this rate on the date it becomes effective or the first of the month
following announcement of the changed rate by the Internal Revenue Service,
whichever is later.
28.2 Regulations. The County Administrator shall promulgate regulations covering
these matters and the submission of account claims to the Auditor-Controller.
SECTION 29 - RESPITE LEAVE WITHOUT PAY
All 'employees represented by Local 535 shall be granted ten (10) days respite leave
without pay per fiscal year. Such leave shall be taken in increments of one (1) full
day (eight (8) hours) and shall be requested in writing. Conflicting requests for
respite leave shall be resolved by the Department Head or designee with preference
given to employees according to their seniority in the department, as reasonably as
possible. Any balance in the ten (10) days respite leave which remains at the end
of the fiscal year shall not be carried over into the next fiscal year.
SECTION 30 - CONSERVATORSHIP DIFFERENTIAL
The County will continue to pay a conservatorship differential to any employee
covered by this agreement who supervises one or more employees receiving such a
conservatorship differential.
SECTION 31 - NOTICE OF NEW EMPLOYEES
The County agrees to periodically mail to Social Services Union, Local 535 a list of
names, classifications,.and the designation of permanent employment category of new
employees appointed to classifications represented by Local 535. Said periodic list
will be mailed within forty-five (45) days of the end of each month.
- 48 -
SECTION 32 - PERSONNEL FILES
A Department shall maintain only one official personnel file.
32.1 Inspection. Each employee, or an employee's representative so designated by
written authorization of the employee, shall have the right to inspect and review the
employee's personnel file upon request at reasonable times and for reasonable
periods during the regular business hours of the County.
32.2 Inspection Exclusions. Documentation in the personnel file relating to the
investigation of a possible criminal offense, medical records which contain a
physician's admonition that the employee not see such records, and information or
letters of reference shall be specifically excluded from such inspection and review.
32.3 Removal and Release of Material. Pre-employment reference material shall be
removed from the personnel file after one (1) year of continuous employment with the
County.
Medical records may be released to qualified medical authorities upon execution of
a written release by.the employee and with the concurrence of the County's medical
authorities.
32.4 Copies. An employee may request copies of other material contained in the
personnel file. The employer shall bear the cost of the reproduction of copies.
The County shall provide the employee with copies of all performance evaluation
reports and letters of reprimand or warning or other negative material prior to the
placement of such documents in the employee's departmental personnel file. Upon
written request of the employee, copies of letters of reprimand or warning shall be
sent to the Union.
32.5 Employee Response. The County shall afford the employee the opportunity
to respond in writing to any information contained in their personnel file. Such
response shall be included in the employee's personnel file.
SECTION 33 - COUNSELLING
Whenever an employee's job performance and/or conduct becomes less than
satisfactory, counselling.shall be provided by the employee's supervisor. Such
counselling shall specifically state the unsatisfactory nature of the employee's
performance and/or conduct and specific ways in which the employee can bring such
performance and/or conduct up to the satisfactory level.
Said counselling shall be provided as soon as possible after the occurrence of the
less than satisfactory performance and/or conduct. No adverse action shall be taken
by the County against any employee unless such counselling has been provided and
time for improvement has been given.
The employee's supervisor shall prepare written documentation of such counselling
and provide a copy of the documentation to the employee.
- 49 -
The foregoing shall not apply to probationary employees or in those cases where
immediate disciplinary action is necessary.
If; after such a counselling session has occurred between a supervisor and
employee, the employee requests of the Department Personnel Officer a meeting with
a Steward/Officer of the union and Department representatives, such a meeting shall
be held. This meeting shall be held within fifteen (15) working days.
SECTION 34 - PERFORMANCE EVALUATION
34.1 Purpose. The purpose of a performance evaluation for an employee is to
measure the employee's performance against the job specifications and performance
requirements of the position that the incumbent is filling. It answers the questions
of how well an employee is doing in meeting the department's performance standards
for this job. It satisfies a basic requirement for the employee to know where he/she
stands with the organization in regard to his/her performance. It delineates areas
of strengths and weaknesses. Where performance is below standard, it suggests
possible ways of making improvement.
34.2 Probationary Period. During the probationary period, the performance
evaluation is used as the last phase of an individual's examination process.
Probationary employees receive a preliminary evaluation at the end of three months,
and a final evaluation after their fifth month of probation. An overall rating of
STANDARD must be received on the final probationary evaluation in order for the
employee to achieve permanent status.
_34.3 Annual Evaluation. Once an employee achieves permanent status, the
employee's performance is evaluated at least once a year. Additional evaluations may
be made between these.required evaluations as necessary. Evaluations will also be
made when an employee or supervisor terminates, or when an employee or supervisor
is reassigned to another unit and more than three months have elapsed since the last
.written evaluation.
34.4 Below Standard Evaluation. In .the event a permanent employee receives an
overall rating of BELOW STANDARD, such employee must be reevaluated within
three months following the date of the report. If the employee shows no significant
improvement at the end of this period, a recommendation for demotion or dismissal
will be made. However, if at the end of three months, there has been improvement
but the employee's performance is still not at a STANDARD level, the employee may
be given two additional three-month periods to meet the standards if the supervisor
agrees those standards will be reached during this period.
The work performance of each employee is to be rated on all of the rating factors on
the appropriate form. Each of these factors has been found to be of critical
importance in determining successful job performance for employees.
Individual rating factors and overall ratings of BELOW STANDARD must be
substantiated in the Comments section, as well as suggestions or plans for improved
performance in those 'areas.
- 50 -
If some significant aspect of performance is above the level indicated by the factor
rating, this may be pointed out by a statement in the Comments section to the
employee.
34.5 Discussion With Emp,loyee. The Rater will discuss the report with the
employee and provide the employee with a copy at that time if the employee wishes
to discuss the report with the Reviewer. In signing the report, the employee is
merely acknowledging having seen the report; it does not indicate agreement.
34.6 Definitions of Ratings. A factor rating of ABOVE STANDARD means_that this
part of the employee's work performance is consistently beyond the level expected
of a competent worker in the position.
An overall rating of STANDARD means that the employee's work performance is
acceptable and will result, where pertinent, in receipt of salary increment,
promotion, or permanent status.
A factor rating of BELOW STANDARD means that this part of the employee's work
performance is frequently below the level of a competent worker in the position and
that effort should be made to improve. An overall rating of BELOW STANDARD
means the employee's work performance is inadequate and may result in the loss or
delay of the salary increment, demotion, dismissal, or rejection on probation.
34.7 Appeal Procedure. If an employee believes his/her rating is improper, he/she
should discuss it with the Rater. If still not satisfied, the employee should sign the
report and place an "X" in the space provided by his/her signature to indicate
he/she wishes to discuss the report with the Reviewer (the Social Service Division
Manager). Within five calendar days after being given a copy of the Report of
Performance Evaluation, an employee who wishes consideration in addition to the
Rater's evaluation should prepare a written statement to the Reviewer as follows:
1) Identify the report by stating the date of the report, the name of the Rater, and
the date the report was received; 2) Specify the ratings or comments which he/she
believes are incorrect and should be changed; 3) Give facts substantiating the
requested changes to these ratings or comments; 4) Keep a copyof the written
request and send the original to the Reviewer. Upon receiving the written
statement, the Reviewer will have five calendar days to meet with the employee to
consider the employee's comments and to respond in writing. The Reviewer's
response shall be given to the employee. A copy of the Reviewer's response along
with the employee's written statement shall be attached to the Report of Performance
Evaluation. Failure to allow the foregoing procedure is subject to the grievance
procedure. However, disputes over the actual content or ratings themselves in
individual evaluations are not grievable.
SECTION 35 - SAFETY PROGRAM
Health and safety standards shall be maintained in all County facilities to a maximum
degree consistent with the conduct of efficient operations.
The Social Service Department shall operate a department-wide employee health and
safety program. This program shall consist of:
- 51 -
1. A central department Safety Committee comprised of one (1) member appointed
by Local 535 from each major building location, one (1) management employee
who shall be the Building Manager for that location and other employee
organization representatives, and the Department Personnel Officer, or
designee. The Department Personnel Officer, or designee, will serve as
chairperson. The committee shall meet every six weeks.
2. All Committee- members will receive training on a) accident/injury reporting
procedures, b) accident/injury investigation and prevention, c) safety
awareness, and d) procedures by which safety concerns are handled:_
3. The committee shall consider items and information raised by its members related
to the department's health and safety program. Committee recommendations
shall be reported to and reviewed by the Department Head who shall respond in
writing to all recommendations.
SECTION 36 - FLEXIBLE STAFFING
36.1 Designation. Certain positions may be designated by the Personnel Director
as flexibly staffed positions. Positions are generally allocated at the first level of
the job series when vacated. When the position is next filled and an incumbent of
one of these positions meets the minimum qualifications for the next higher level and
has met appropriate competitive requirements he/she may then be promoted to the
next higher classification within the job series without need of a classification study.
The following job classifications are flexibly staffed: None.
Open examinations at either level in the above mentioned classifications shall be
administered upon the request of the Department Head and approval of the Director
of Personnel.
36.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible
staffed job series which have been determined by the Director of Personnel as
appropriate for continuous testing may apply for promotion to the next higher
classification level as follows:
Applicants must file the regular Personnel Department Application for Examination
Form and where applicable, the appropriate supplemental questionnaire with the
Personnel Department. The first Friday in each month is the filing deadline for any
candidate who meets the minimum qualifications at any time during that month. The
names of accepted applicants will be placed on the eligible list by the first working
day of the following month. Employees who file applications must notify their
supervisor and their departmental personnel officer. Nothing contained in this
section shall be construed as making a promotion automatic or automatically effective
on the first of the month following the filing 'of an application. It is the
responsibility of the Department that wishes to promote employees in flexibly staffed
positions to submit a personnel request•(certification request) prior to the first day
of the month in which they wish to promote the employee. Personnel requests for
promotion of employees to become effective on the first of the month must be in the
Personnel Department by the last working day of the prior month. It is the
employees responsibility to submit applications for promotion sufficiently in advance
- 52 -
to assure receipt in the Personnel Office by the first Friday of the month in which
they become eligible for promotion.
If an error occurs in the Personnel Department which causes a delay in the
processing of an application, said error shall.be corrected and the employee shall be
placed on the eligible list retroactively to the first•of the month following his/her
eligibility.
If an operating department verifies in writing the intent to promote an employee on
the first of the month following eligibility, said appointment shall be made retroactive
to the first of the month following his/her eligibility.
SECTION 37 - STAFFING ALLOCATIONS AND REASSIGNMENTS
On the basis-of the Department's staffing distribution review, the Department may
consider reassignment of staff represented by this agreement.
The following procedure shall be used:
A. Internal moves within the Division may be made at the discretion of the Assistant
Director within 20 working days following publication of staff allocations.
B. Authorized staffing levels shall be determined as needed by the Department.
Vacant authorized positions shall be bid to the appropriate class in all offices for
a three-day period and, as provided below, may be certed simultaneously from
the appropriate Eligible List, .or filled as otherwise provided in the MOU or
County Regulations. Where there are at least five bid responses for a Social
Work Supervisor II position, or four bid responses for a Social Work Supervisor
I or other remaining classes within the representation Unit, the Department
shall only interview and select from those respondents. Where there are less
than the minimum bid respondents at any point in the bid process, the
Department may cert from the appropriate eligible list or fill as otherwise
provided in the MOU or County regulations, provided, however, that all bid
respondents will be interviewed. Authorized vacancies resulting from the bid
process may automatically be certed from an appropriate eligible list. In the
event of workload imbalance, upon mutual agreement between the Union and
Department, bids may be limited so specific Division(s) to correct said
imbalance.
C. Employees responding to bids shall complete Department Reassignment Request
Forms and submit these to the Department Personnel Unit. Such Reassignment
Request Forms must be received by 5:00 p.m. on the day the bid closes.
D. If there are less than five responses to a posted bid notice and the Department
is not able to otherwise fill the position, the Department may consider the bid
responses and/or.consider reassignment of one of the 3 least senior employees
within the classification within two.weeks of the closing of the bid. If there are
only two bidders, the two bidders will be considered for reassignment along with
the least senior employee; if there is only one bidder, that bidder will be
considered for reassignment along with the two least senior employees.
- 53 -
E. If a vacancy occurs in the same class and in the same division from which an
employee was involuntarily reassigned, the Department shall offer the position
to the employee who was involuntarily reassigned. If the employee declines the
offer, or voluntarily transfers after such involuntary reassignment, he/she will
not be considered for any future vacancies in that Division except as provided
for in 33.2 above.
F. Positions flagged-as needing a language skill or special qualifications shall be
identified on bids. Only employees having such skill or meeting such
qualifications shall be accepted for bid interview or for mandatory reassignments
as provided in this section.
G. Specially funded assignments, assignments of limited duration (less than six
months), special circumstances (which generally will be less than six months)
or requiring special skills, and assignments made due to reorganization, shall
not be subject to procedures in this section. The Department is not limited in
its description of the special circumstances described in this section which may
necessitate a specific reassignment of employees.
H. Reassignments shall not be used as a replacement for discipline. Employees on
probation or in an Improvement Needed Review status shall not be reassigned.
If one of the least senior persons in the class is on Improvement Needed or on
probation, a total of 3 eligible least senior persons in the class will be
considered for reassignment, unless the bid is limited to a specific Division in,
accordance with (B) herein, in which case the 3 least senior persons in that
specific Division will be considered for reassignment.
I. The Department's selection decision in accordance with the procedures outlined
in this section are not subject to the Grievance Procedure contained in Section
24 herein.
SECTION 38 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
1. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
2. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
3. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
4. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and
speakers or honored guests at banquets or other official functions.
- 54 -
5. When the employee is required to work three or more hours of overtime; in this
case he or she may be reimbursed in accordance with Administrative Bulletin on
expense reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at twenty-four (24) hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 39 - 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 normally encountered
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 compen-
sated.
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 fulfill 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
workers' 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 Personal
Property.
- 55 -
SECTION 40 - 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, or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time of separation-,-but 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 41 - 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.
The following procedures shall apply with respect to service awards:
Twenty Years and Longer Periods of Service. An award ceremony will be scheduled
before the Board of Supervisors each month.
1. The Personnel Department will make arrangements for the presentation ceremony
before the Board of Supervisors. Each Department Head and employee
scheduled for an award will be notified as to the time and date of the ceremony.
2. Service awards will be supplied to the Department Head by the Personnel
Department staff prior to the ceremony.
3. When the employee does not appear for the ceremony the award will be returned
to the Personnel Department and the employee will be contacted and it will be
ascertained if he/she desires to be rescheduled. In the event he or she does not
desire to attend a later ceremony, the Personnel Department will forward the
award directly to the employee.
Ten and Fifteen Year Service Pin Awards.
1. The Personnel Department will notify the Department Head when an employee
has qualified to receive a ten or fifteen year service pin. The service award pin
will be enclosed with the notification.
2. The Personnel Department will notify each employee eligible for an award that
his/her Department Head is making arrangements for the presentation of the
award.
3. The award ceremony will be conducted at the department level with the
Department,Head making the award. To give the award ceremony meaning, it
is suggested that the department head present pins in his/her office or
conference room with immediate supervisors and fellow workers in attendance.
- 56 -
4. After presenting the award, the Department Head will notify the Personnel
Department by.returning to the Personnel Department the names and dates of
presentation..
5. The Personnel Department will record each award.
Service Award Day Off. Employees who appear for their fifteen year (or longer)
service award ceremony are entitled to take that day off with pay.
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 may participate in the County Group Health Plan
Program wholly at the employee's expense. 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. Said provisional employees may participate in the County Group Health
Plan Program wholly at the employee's expense. The County will not contribute to
the employee's monthly premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to meet the premium deadline
will mean automatic and immediate withdrawal from the, County Group Health Plan
Program and reinstatement may only be effectuated during the annual open
enrollment period.
- 57 -
SECTION 46 - INDEMNIFICATION AND DEFENSE OF COUNTY EMPLOYEES
The County shall defend and indemnify an employee against any claim or action
against the employee on account of an act or omission in the scope of the employee's
employment with the County in accordance with, and subject to, the provisions of
California Government Code Sections 825 et seq and 995 et seq.
SECTION 47 - MODIFICATION AND DECERTIFICATION
For the duration of this Memorandum of Understanding the following amendments to
Board Resolution 81/1165 shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first paragraph
to delete the ten (10) percent requirement for an employee organization intervening
in the unit determination process and, substitute therefore a thirty (30) percent
requirement.
Section 34-12.013 - Election Procedure (b) shall be modified in the first paragraph
to delete the ten (10) percent. requirement for any recognized employee
organizations) to appear on the ballot and substitute therefore a thirty (30) percent
requirement.
Section 34-12.016 - Modification of Representation Units shall be modified in the first
sentence by adding words to the effect of"most recent" to the date of determination.
This section shall be modified in the second sentence to require that petitions for
modification of a representation unit be filed during a period of not more than one
hundred and fifty (150) days nor less than one hundred'and twenty (120) days prior
to the expiration of the Memorandum of Understanding in effect. The last sentence
of this section shall be modified so that modification of a representation unit shall not
negate the term of an existing Memorandum of Understanding between the County
and the recognized employee organization of the unit prior to the modification
proceedings.
Section 34-12.018 - Decertification Procedure shall be modified in the first sentence
by adding words to the effect of "most recent" to the date of formal recognition and
by requiring the petition be submitted during a period of not more than one hundred
and fifty (150) days nor less than one hundred and twenty (120) days prior to the
expiration of the Memorandum of Understanding in effect.
SECTION 48 - UNFAIR LABOR PRACTICE
48.1 Filing. Either the County or the Union may file an unfair labor practice
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.
48.2 Unfair Labor Practice - County. It is an unfair labor practice for the County
to:
-'58 -
1. Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
2. dominate or interfere with the formation of any employee organization or
interfere with selection of a majority representative;
3. contribute financial support to any employee organization; or
4. refuse to meet and confer in good faith (with representatives of formally
organized employee . organizations on matters within the mope of
representation), or to refuse to consult with informally recognized employee
organizations on matters within the scope of representation.
48.3 Unfair Labor Practice - Union: It is an unfair labor practice for the Union or
their representatives or members to:.,
1. Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
2. coerce, attempt to coerce or discipline any member of an organization so as to
hinder or impede the performance of his/her duties;
3. discriminate against any employee with regard to the terms or. conditions of
membership because of race, color, creed, sex or national origin;
4. refuse to consult, or meet and confer in good faith, with management
representatives on matters within the scope of representation; or
5. initiate, engage in, cause, instigate, encourage or condone a work stoppage of
any kind or other disruptive activities which are detrimental to the conduct of
county business and services.
SECTION 49 - DEPENDENT CARE
A. Dependent Care Information & Referral Service. The County will administer an
"Information & Referral Service" through the Contra Costa Child Care Council for
the duration of this.Memorandum of Understanding.
B. Dependent Care Salary Contribution. Subject to the applicable provisions of the
Internal Revenue Service, employees may contribute up to $5,000 each calendar year
from their salaries for approved dependent care; only eligible employees may
contribute for such expenses; there is no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of payment, and
applicable County administrative procedures.
- 59 -
SECTION 50 - SPECIAL STUDY
The Social Service Department and representatives from SEIU Local 535 Service Line
Supervisors will form a Task Force consisting of four (4) representatives from each
party to review the amount and nature of work of Service Line Supervisors. The
Task Force will make recommendations concerning streamlining functions and/or
processes, and establishing priorities for the purpose of addressing workload. The
Task Force will begin no later than 60 days after the signing of a new memorandum
of understanding, and will endeavor to complete its recommendations by the end of.
September 1992. .
SECTION 51 - SPECIAL BENEFITS
Social Services First Line Supervisors represented by Social Services Union, Local
535 are eligible to receive the following benefits:
1. Life Insurance. $35,000 Group Term Life Insurance will be provided. Premiums
for this insurance will be paid by the County with conditions of eligibility to be
reviewed annually.
2. LTD. Long-Term Disability Insurance will be provided, with a replacement limit
of eighty-five percent (85%) of total monthly base earnings reduced by any
deductible benefits. The premium for this Long-Term Disability Insurance will
be paid by the County.
3. Vacation Buy Back. A Vacation' Buy Back plan will be provided for
reimbursement for up to one-third (1/3) of an employee's annual vacation
accrual, subject to the following conditions: (a) the choice can be made only
once in each calendar year; (b) payment shall be based on an hourly rate
determined by dividing the employee's monthly salary by 173.33; and (c) the
maximum number of hours that may be reimbursed in any year is one-third (1/3)
of the annual accrual at the time of reimbursement.
4. Professional Development. A Professional Development Reimbursement Plan will
be provided to include reimbursement of up to $150 per fiscal year for
memberships in professional organizations, subscriptions to professional
publications and attendance fees at job-related professional development
activities. Authorization for individual professional development reimbursement
requests shall be made by the Department Head. Reimbursement will occur
through the regular demand process with demands being accompanied by proof
of payment (copy of invoice or canceled check) .
5. Longevity Pay. A Longevity Pay Plan will provide a 2-1/2% increase in pay
following completion of ten years of County Service, subject to appointing
authority approval based on merit.
6. Personal Leave. Forty hours of paid personal leave will be provided during a
calendar year. Said personal leave is provided to recognize both the fact that
these employees do not and will not receive payment for overtime and the
unavailability of compensatory time off for this group of employees.
60 -
7. Deferred Compensation Incentive. Effective May 1, 1992, the County's
contribution to eligible employees who participate in the County's Deferred
Compensation Plan will be $40 per month. To be eligible for this incentive
supplement, eligible employees must first, as a member of this Union, contribute
a Base Contribution Amount to the Deferred Compensation Plan as follows:
Current Monthly Base Contribution
Monthly Qualifying Base Amount for Maintaining
Salary Contribution Amt. Incentive Program Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4127 750 50
4168 - 5000 1000 50
5001 - 5834 1500 .100
5835 - 6667 2000 100
6668 & above 2250 100
Employees who meet these Base Contribution Amounts must contribute at least
$50 or $100 per month to remain eligible for the $40 County supplement.
Employees who discontinue contributions or who contribute less than the
required amount per month for a period of one (1) month or more will no longer
be eligible for the $40 County supplement. To reestablish eligibility, employees
must again make a Base Contribution Amount as set forth above based on
current monthly salary. Employees with a break in Deferred Compensation
Contributions because of an approved medical leave, shall not be required to
reestablish eligibility.
Eligible employees who participated in the Deferred Compensation Plan prior to
May 1, 1992 but were not eligible to receive the County contribution will be
given credit towards the qualifying base amount for contributions made after
January 1, 1992.
SECTION 52 - 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 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 constitutes the sole and entire agreement between the
parties in any and all matters. subject to meet and confer. Neither party shall,
during the term of this Memorandum of Understanding demand any change herein,
- 61 -
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, t116tcertain
provisions of the Personnel Management Regulations may be supplementary to the
provisions of this Memorandum of Understanding and as such remain in full force and
effect.
DATE: ✓
CONTRA COSTA COUNTY SEIU, LOCAL 535
FIRST-LINE SUPERVISORS
i
- 62 -
ATTACHMENT A
SOCIAL SERVICES UNION, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
SALARIES - APRIL 1, 1992
CLASS LEVEL SALARY RANGE
SOCIAL WORK SUPVR. I C5-1917 $3088 - 3754
SOCIAL WORK SUPVR. II C5-2033 $3458 - 4215
VOC. SVCS. SUPVR. I C5-1917 $3088 - 3754
VOC. ASSESS. SUPVR. C5-1917 $3088 - 3754
SS PREHRNG. REV. SPEC. C5-1972 $3263 - 3966
SALARIES - OCTOBER 1, 1992
CLASS LEVEL SALARY RANGE
SOCIAL WORK SUPVR. I C5-1947 $3182 - 3868
SOCIAL WORK SUPVR. II C5-2063 $3573 - 4343
VOC. SVCS. SUPVR. I C5-1947 $3182 - 3868
VOC. ASSESS. SUPVR. C5-1947 $3182 - 3868
SS PREHRNG. REV. SPEC. C5-20.02 $3362 - 4087