HomeMy WebLinkAboutMINUTES - 08091994 - 1.33 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 9, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Memorandum of Understanding )
with United Clerical, Technical & ) Resolution No. 94/ 412
Specialized Employees, AFSCME Local 2700 )
1. The County and AFSCME Local 2700 representing approximately 1500 employees
in 2 bargaining units having negotiated in good faith and agreed upon terms and
conditions of employment for the period October 1, 1993 through September 30,
1995; and,
2. The County Administrator having submitted the attached Letter of Understanding
dated June 24, 1994 signed by representatives of the County and Local 2700 which
summarizes all agreements for the contract period noted above; and,
3. The Board having thoroughly considered the Agreement, NOW THEREFORE:
The Contra Costa County Board of Supervisors in its capacity as governing Board of the
County of Contra Costa, and all districts of which it is the ex officio governing Board,
RESOLVES THAT:
Effective October 1, 1993 the Letter of Understanding with Local 2700 attached hereto
inclusive of attachments is adopted.
I hereby certify that this is a true and Correct copy Oi
an action taken and entered on the minutes of the
Boardof Su fie to shown.
ATTESTED:=
PHIL BATCHELOR,Berk of the Board
of Supervisors and unty Administrator
By ' Deputy
Orig,'Dept.: Personnel (Contact Eileen Bitten @ 646-4054)
cc: Auditor-Controller/Payroll (Via Personnel)
Department Heads (Via Personnel)
AFSCME Local 2700 (Via Personnel)
RESOLUTION NO. 94/412
AGENDA ITEM FOR A„ kt 9, 1994 N0. P-300 #
DATE
PERSONNEL ACTIONS
ADOPT Resolution/Board Order INCREASE or decrease hours of
® 1 positions as follows:
CANCEL and Add positions as El TRANSFER persons and positions
follows: I as follows:
El RECLASSIFY positions as ABOLISH classes as follows:
follows:
REALLOCATE classes as El INTRODUCE ordinance, waive
follows: reading and fix
ESTABLISH classes and allocate to for adoption of ordinance to
El the salary schedule as follows: exempt the class of
Approve Memorandum of Understanding with United Clerical , Technical
& Specialized Employees, AFSCME Local 2700.
(Clerk: See MOU.TXT)
Submitted by: Eileen Bitten (6-4064) j Submitted by:
Per1onnel County Administrator
Contra Personnel Department
Costa f�► ;s Administration Bldg.
'� `' 651 Pine Street
County ``o _ y Martinez, California 94553-1292
June 24, 1994
Jim Hicks, Business Agent
AFSCME Local 2700
1000 Court Street
Martinez, CA 94553
Dear Mr. Hicks,
This letter of Understanding between Contra.Costa County and AFSCME Local 2700
reflects all negotiated agreements reached between the parties on terms and conditions of
employment solely affecting AFSCME Local 2700 and other agreements on Countywide
issues,including wage and health benefit adjustments,negoitated through the Contra Costa
Labor Coalition.
These understandings will be memoralized in a comprehensive Memorandum of
Understanding covering the period of October 1, 1994 through September 30, 1995 which
will be signed by the parties and recommended to the Board of Supervisors for approval.
I. Unit Issues Spec to AFSCME Local 2700
1. The County agrees to study the feasibility of reallocating the class of Library Clerk
.I and I I Clerk deep class _
2. The County agrees to study duties and responsibilities of the represented clerical
classes in the Assessor's Office
3. The County agrees to evaluate the education requirements for the Clerk deep class
to determine if a high school diploma should be included.
4. The County agrees to include hazard pay for clerical employees who work in the
reception and transportation areas of the Martinez Detention Facility.
5. The county agrees to credit PTO hours for temporary employees at the rate of 20
hours for each 1040 straight time hours worked.
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6. The County agrees to discontinue that requirement that clerks in the Social Service
Department show the "Rights and Responsibilities" video to General Assistance
applicants.
.7. The parties agree that hosiery is not required as part of the Municipal Courts dress
code.
8. Posting of a vacant position for bid is changed from 5 working days to 7 calendar
days.
9. The County agrees to process authorized payroll deductions for self-pay monthly
insurance premiums to Aetna for participating Local 2700 AFSCME employees.
10. Holiday meals at Meritthew will be served only between the hours of 6:30AM and
6:30 PM.
11. The County agrees to send memos to departments regarding sick leave diagnosis,
vacation denials, and training.
II. Waae and Health Benefit Adjustments
All Wage and Health Benefit provisions contained in the January 13, 1994 Side Letter
between Contra Costa County and the Contra Costa Labor Coalition which was adopted
by the Board of Supervisors on January 18, 1994 are included.
III. Coun#y--wide Issues Agreed to at the Contra Costa Labor Coalition
1. Double Medical Coverage -TA signed 5/5/94
2. Medical Plan Discontinuance -TA signed 12/2/93
3. Pay Equity Side Letters - TA signed 9/24/93
4. Catastrophic Leave Bank - TA signed 12/3/93
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5. Deferred Retirement Committee -TA signed 12/20/93
6. Voluntary Time Off Program -TA signed 12/3/93
7. Leaves of Absence/Family Care-Medical Leave -TA signed 4/14/94
8. Definition of Immediate Familv - TA signed 5/5/94
9. Workforce Reduction. Seniority/Layoff -TA signed 4/14/94
10. Grievance Procedure -TA signed 12/17/93
11. Holiday Pay -TA signed 1219/93
12. JuU Duty -TA signed 11/18/93
13. Vacation Leave'on Return From Layoff-TA signed 12/20/93
14. Worker's Compensation -TA signed 5/5/94
15. Attendance Committee -TA signed 5/5/94
16. VDT Vision Protection Plan -TA signed 5/5/94
17. TA signed 12/9/93
18. Health Plan Review Committee (Oversight) - TA included in January 13, 1994
agreement on Health Plans and Wages.
19. LTD Benefit Integration -TA included with settlement of Family Care and Medical
Leave. (See above)
If the foregoing conforms to your understanding, please indicate your approval and
acceptance in the space provided below.
rte.
1
Dated:
CONT COSTA COUNTY AFSCME LOCAL 2700
Eileen K. Bitten Ji icks
Acting Director of Personnel Pbsiness Agent
_Rcj
Richard K. Heyne
Employee Relations Manager
Attachments
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COUNTY AND UNION AGREEMENT
Proposal#31-Reallocate Library Clerks
June 17, 1994
The County agrees to conduct a study of Library Clerk I&11 to identify and seek resolution
to Issues pertaining to their reallocation into the deep class of Clerk. The County will
provide the union with regular updates and the Union will have the opportunity for input.
For Contra Costa RUnion
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Union and County Agreement
'Proposal 40-Assessors Clerical Positions
May 23, 1994
This is to confirm the party's agreement to review clerical deep class positions in the
Assessors Office to determine the appropriate level of work. The study will begin 60 days
after the adoption of the contract.
For Contra Costa County For Local 2700
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COUNTY AND UNION AGREEMENT
Proposal #41: Minimum Qualifications
June 17, 1994
In accordance with EEOC guidelines and requirements of Title VII of the 1964 Civil Rights
Act, the County agrees,to evaluate the education requirement for the class of Cierk,
specifically the Experience, Senior, and Specialist levels, to determine if a high school
education should be required in the minimum qualifications. The results will be shared with
Local 2700.
FOR COUNTY FOR KION
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COUNTY PROPOSAL-Local 2700
Proposal #36-Hazard Pay
May 12, 1994
Amend Section 47.1 in the MOU to read:
HAZARD PAY. Employees who work in the following designated areas shall receive
a five percent (5%) base pay salary differential for each hour worked in the
hazardous area provided, however, that in the event the conditions in these areas
are improved so that the hazardous conditions no longer exist such differential will
no longer be applicable.
a. Animal Services Department
b. Reception Center of the County Hospital
C. Mental Health Screening Unit of the Health Services Department
d. Conservatorship Office in Martinez
e. Evening Reception for the AIRS program at the Richmond Clinic
f. Employee who accompanies medical staff into inmate areas of the County
Detention Facility.
g. Employees assigned to work in the reception and transportation areas of the
Martinez Detention Facility.
h. Any other employee who the Board of Supervisors may by resolution
authorize.
For Contra Costa For Union
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71 ,
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County Proposal-Local 2700
Proposal #20-Temporary Employees
June 17, 1994
Amend Section VI I.B of the June 17, 1988 Letter of Understanding in re:to representation
of temporary employees,as follows:
VII B: Based on the,accumulation of straight time hours recorded, effective on the
payroll following the payroll on which payment was made for the 1040th straight
time hour worked, the temporary employee shall be credited with twenty (20)
hours of"paid time off." For each additional 1040 hours of straight time worked.
the temporary, emploM shall be credited with an additional 20 hours o_ f"paid
1, -
time off." Forty (40) hours paid time off credit is the maximum amount an
employee may have at any time.
VII C: Paid time off(PTO)shall not be taken until credited.(delete after completion of
2080 straight time hours worked).
FOR COUNTY FOR UNION
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Union and County Agreement
Proposal #47 Video Proctoring
.lune 17, 1994
Employees represented 'by Local 2700 shall not be mandated to do "Rights and
Responsibilities" video proctoring. They may, however, be assigned such responsibility
intermittently on an emergency basis.
For Contra Costa r the Undo
rx,� a-r� Zell
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Proposal #46: Sick Leave Diagnosis
June 9, 1994
Language to read:
Employees arorequired to provide a diagnosis naming or describing the specific illness or
Injury for (1) Worker's Compensation claims and (2) conditions when reasonable
accommodation or concerns for the safety of an individu 1 or her/his co-workers requires
modification to the employees work station or job content In cases where the department
has requested medical verification, the employee may voluntarily provide such additional
Information regarding the medical condition sufficent to allow the department to make an
Informed and fair decision as to the presence or absence of mitigating factors.
A 17
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Proposal #38: Training
June 17, 1994
Language to go in memo being sent to all department heads:
Employees are encouraged to participate in training and career development
opportunities which the County provides. Supervisors should encourage employees to take
advantage of those extensive training programs. Training not only builds confidence but
the employee learns new skills that may make them more desirable candidates in
competing for promotional opportunities in the future. Department heads should
encourage supervisors to,allow employees to enhance their professional growth bygranting
training requests whenever possible. Employees are our most valuable asset and by not
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giving them the opportunity for training and self improvement, we are doing them a great
disservice.
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JUN-17-1994 11:25 FROM MUNICIPAL COURT ADMIN. TO PERSONNEL P.02
UVV1(_&
OF
THE MUNICIPAL COURTS
BAY•DELTA-MT.DIABLO-WALNUT CRE EK-DANVILLE
P.O.Box 406$. Walnut Creek.California 9459&OM
(510)646-6007 Fax Ninuber(510)646-46002
To : Eileen Bitten, Acting Personnel Director
V,
Glltwly kR I
,
pRobt. Nancy Rampani, nterim County Municipal Court Administrator
SUBj=.. Dress Code Policy
DAM. June 17, 1994
As a result of our discussions with Jim Hicks, Business Agent for
AFSCME, Local 2700, on May 17, please be advised that the Municipal
Courts have modified the Dress Code Policy which was developed in
1991.
The language regarding the wearing of hosiery has been changed as
follows:
Thongs and tennis or running shoes are not to be
worn unless,' for documented medical reasons and with
the approval of supervisory personnel. Women OXAXX
should wear, hosiery,
&6X1XXf1fk1$1 knee-hi nylons AAd/or socks, AtO
as appropriate. (Women are asked
not to wear extremely high heels or slip-on high heels
for safety 'reasons) .
Previous language that has been deleted is shown with
strike-outs, and new language is inserted with underlining.
cc: Jim Hicks, Business Agent, AFSCME Local 2700
All District Court Managers
Union and County Agreement
Proposal 24-Vacancies and 35-Filling Vacancies
Amend the following sections of deep class resolutions as follows:
Sections 21 B & C of Clerk Deep Class (R 82/382)
Sections 17B & C of the Account Clerk Deep Class (R 85/235)
Sections 20B & C of the Deputy Clerk Deep Class (R 87/506)
Sections 20C & D of the Secretary Deep Class (R 83/593)
And amend departmental bid agreements with Local 2700 to show the following change:
...by posting a description of the vacant position in various locations for seven(7)calendar
days .....
For Contra Costa County For L 00
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6�91 rr
UNION AND COUNTY AGREEMENT
Management Proposal #2
Hospital Holiday Meals
AMEND Section 32.2 to read:
Employees represented by the Union who are employed at the County Hospital and who
are required to work on Thanksgiving, Christmas or New Year's will be provided a free meal
In the Hospital Cafeteria at no cost to the employee only between the hours of 6:30 am
and 6:30 pm.
For ContraC sta F e Uni n
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COUNTY AND UNION AGREEMENT
Proposal #42 Aetna Deduction
June 17, 1994
The County agrees to make authorized payroll deductions for self-pay monthly insurance
premiums to Aetna for participating local 2700 AFSCME employees.
FOR COUNTY FO ON
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Tentative Agreement
Wages & Health Plan Adjustments
The County and the members of the Labor Coalition agree to jointly recommend that the Board of
Supervisors consider and adopt the following settlement on wages and health plan adjustments for
the period October 1, 1993, to September 30, 1995.
1. Wages
Effective July 1, 1994, increase salary by 10 levels(1.0045%).
Effective January 1, 1995, increase salary by 10 levels(1.0045%). Any net savings
achieved by the County from the replacement of the 1st Choice Health Plan by the
QuaDded Health Plan for those eligible to a salary increase as provided herein and which is
above the cost of the 20 level salary increase shall be added to the 1%salary increase
effective January 1, 1995.The California Nurses Association, IAFF Local 1230, and the
Union of Americas Physicians and Dentists are exluded from these wage increases and
subvention calculations. The savings shall be computed on a per cap basis as follows:
a. The Countys"original cost" shall be computed by adding together the gross subvention
for each represented employee in 1st Choice for the month of 10-01-93, the sum then
increased by 14%.
b. The County's"current cost" shall be computed by adding together the gross subven-
tions of each represented employee who transferred from 1st Choice to QualMed, for
the month 10-01-94.
c. The amount of money to be provided as additional monthly salary increases shall be the
"original cost"''minus the "current cost"minus the monthly cost of the 20 level wage
increases.
2. Coverages Offered -
Effective February 1, 1994, the County will offer medical plans including Contra Costa
Health Plan(CCHP), Kaiser, QualMed, Delta Dental, and Safeguard Dental.
3. Health Plan Subvention
Effective 2/1/94:
CCHP = County share 98%
QualMed/Kaiser HM0's = County Share 79%
QualMed PPO = County share 77%to October 31, 1994.
Delta Dental =Increase annual maximum benefit per member from $1,000 to $1,200.
4. Kaiser Co a s
Effective February 1, 1994:
Kaiser Office Visit= $3.00; Kaiser Drugs = $3.00
5. Future OualMed PPO Increases
Effective November 1, 1994, the County and Coalition members will equally share(50/50)
the amount of any premium increases.
6. Health Plan Review Committee
The County proposal for a labor/management health plan review committee is accepted.
The Committee shall be comprised of five reps of the Coalition and up to five reps of
management and shall review changes m rates and benefits and if the committee decides it
is advisable to meet with a health plan provider, such contact shall be initiated by the
chairperson
7. Wellness
The County proposal on Wellness presented 1/6/94 is accepted and is effective February 1,
1994.
8. Indemnification
The County will indemnify all unions in the Coalition in actions brought regarding
termination of the 1st Choice Health Plan.
9. Runout
The County agrees to assume all runout costs associated with termination of the 1st Choice
Health Plan.
10. Open Enrollment
Open Enrollment on a one-time basis shall be January, 1994, through February, 1994, and
shall subsequently be in November of each year.
Dated: January 13, 1994 n
For the County: For the Coalition
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TENTATIVE AGREEMENT ON COUNTY PROPOSAL 15 (SICK.LEAVE)
=--iG. .,;.; .•- - - _:i` ;-rte. - ,•:;-+.;:r.ec;:.'vM-.::-
There shall'be convened a Labor-Manag'ement'Committee to develop an attendance „.:
program for County employees.
Date:
FOR THE COUNTY: FOR THE TION: y
DOUBLE MEDICAL
May 5, 1994
The County will survey all permanent employees prior to ,January 1 , 1995 to
ascertain the extent to which employees who have or are eligible for double
medical coverage would, in lieu of double medical coverage, have the County
make an in lieu contribution to a another benefit. The data gathered shall be
shared with the Medical Oversight Committee.
Date:
L10
FOR THE COUNTY: FOR THE COALITION:
I .
COUNTY FINAL PROPOSAL
ON
VDT VISION PROTECTION PLAN
May S, 1994
The Countyagrees to extend the existing benefit to Local One's Library, Probation
and Investigative Units effective on the 1 st of the month following adoption of a
new MOU between the County and Local One. The County further agrees that all
employees covered under the VDT Vision Protection Plan may, through individual
arrangements between the employee and theirdoctorand solelyatthe employee's
expense, include bifocal, trifocal or blended lenses and other care, services or
materials not covered by this plan. The basic plan coverage of eye examination,
ten dollar ($10) frame, and single vision lenses may be credited toward the
employee-enhanced benefit.
Acceptance of this offer shall terminate all existing demands at all unit tables for
modification or expansion of existing VDT Plan benefit levels at County expense.
Date.
FOR THE COUNTY: FOR THE COALITION:
Coalition Proposal#15
Pay Equity
T/A
The language contained m any oumand'ung Side Uttem shall be incolponated into the respechw
MOU for each bargaining unit in the Coalition.
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Coalition Contra Costa County
� 5
Date
A'11ENTATMU 15 TA.SAM til tfta9ust 19,1993 @ 1:53 PMl
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Catastrophic Leave Bank
1. Program Design
Effective April1,1994, the County Personnel Department will begin operation of a Catastrophic
Leave Bank which is designed to assist any County employee who has exhausted all paid accruals
due to a serious or catastrophic illness,.injury, or condition of the employee or family member.
The program establishes and maintains a Countywide bank wherein any employee who wishes to
contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday
compensatory time or floating holiday be deducted from those accounts(s)and credited to the
Catastrophic Leave Bank. Upon approval, credits from the Catastrophic Sick Leave Bank may be
transferred to a requesting employee's sick leave account so that employee may remain in paid
status for a longer period of time, thus partially ameliorating the financial impact of the illness,
injury, or condition.
Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical
impairment or disability which manifests itself during employment
2. Operation
A. The plan will be administered under the direction of the Personnel Director. The
Personnel Department will be responsible for receiving and recording all donations of
accruals and for initiating transfer of credits from the Bank to the recipient's sick leave
account. Disbursement of accruals will be subject to the approval of a six(6)member
committee composed of three(3)members appointed by the County Administrator and
three(3)members appointed by the majority representative employee organizations.
The committee shall meet as necessary to consider all requests for credits and shall
make determinations as to the appropriateness of the request and the amount of
accruals to be awarded. Consideration of all requests by the committee will be on an
anonymous requestor basis.
B. Hours transferred from the Catastrophic Leave Bankewill be in the form of sick leave
accruals, , and shall be treated
r regular sick leave accruals.
C. To receive credits under this plan, an employee must have permanent status, must have
exhausted all time off accruals to a level below eight(8)hours"total, have applied for a
medical leave of absence, and have medical verification of need.
D. Donations are irrevocable and may be made in minimum blocks of eight(8)hours per
donations from balances in the vacation, holiday, floating holiday, comp time, or
holiday comp time accounts.
E. Time donated will be converted to a dollar value and the dollar value will be converted
back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All computations will be on a standard
173.33 basis, except that employees on other than a 40-hour week will have hours
prorated according to their status.
F. Any recipient will be limited to a total of 1040 hours or its equivalent per catastrophic
event; each donor will be limited to 120 hours per calendar year.
G. No element of this plan is gzievable. All appeals from either a donor or recipient will be
resolved on a final basis by the Director of Personnel
FL This Catastrophic Leave Bank program is adopted on a twelve-month pilot program
ending April 1, 1995. Its continuation will be subject to consideration of administrative
ease of operation, cost, and acceptance by employees.
L No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to amounts
of benefits awarded and as to persons awarded benefits. Benefits may be denied, or
awarded for less than six months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among eligible applicants,
on an anonymous basis,those who will receive benefits.
I Any unused hours transferred to a recipient will be returned to the Catastrophic Leave
Bank.
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Contra Costa County clition
A.%PROPOSA %17SLBANr-SAM I13A M 5:54 PMI
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COUNTY RESPONSE TO COALITION PROPOSAL #23 - DEFERRED RETIREMENT
(Presented to Coalition 12/7/93)
The County shall establish a Labor-Management Committee comprised of three
representatives selected by the Labor Coalition and three representatives selected
by the County Administrator to study a Deferred Retirement Policy. By June 30,
1994, the Committee sball recommend such program upon which it has-reached mutual
agreement for adoption by the parties.
Date: /Z-/?A'3
i2-124
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',/ Labor Coalition Contra Costa County
Coalition Proposal#24
Voluntary Time Off
The e.,sting VTO program shall be continued for the life of the contract.
/1a;JH"4A-
Contra Costa County Com e- CC Coanly
A-APROPOSAU24VTO.SAM 02!02/931(6:49 PM]
COUNTY FINAL PROPOSALZ�
on
LEAVES OF ABSENCE
FAMILY CARE &MEDICAL LEAVE
LTD
April 14, 1994
Leave of Absence
1###Leave Wthout Pay. Any employee who has permanent status may be granted a leave of absence
without pay upon written request, approved by the appointing authority; provided, however,that leaves
for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in
accordance with applicable state and federal law.
2### General Administration-Leaves of Absence Requests for leave of absence without pay shall be
made upon forms prescribed by the Director of Personnel and shall state specifically the reason for the
request,the date when it is desired to begin the leave, and the probable date of return.
A. Leanne without pay may be granted for any of the Hollowing reasons:
1. Illness, disability, or serious health condition;
2. Pregnancy or pregnancy disability;
3. Family care;
4. To take a course of study such as will increase the employee's usefulness
on return to the position;
5. For other reasons or circumstances acceptable to the appointing authority.
B. An employee must request family care leave at least 30 days before the leave is to begin if
the need for the leave is.foreseeable. If the need is not foreseeable,-the employee must provide
written notice to the employer within five(5)days of learning of the event by which the need for
family care leave arises
C. A leave without pay may be for a period not to exceed one(1)year, provided the appointing
authority may extend such leave for additional periods. The procedure in granting extensions
shall be the same as that in granting the original leave provided that the request for extension
must be made not later than thirty(30) calendar days before the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or for family
care shall be granted to an employee who so requests it for up to 18 weeks in each calendar year
period in accord with Section 4## below.
E. Whenever an employee who has been granted a leave without pay desires to return before
the expiration of such leave, the employee shall submit a request to the appointing authority in
.=:Titing at least fifteen (15) days in advance of the proposed return. Earl, return is subject to
prior approval by the appointing authority. The Personnel Department shall be notified promptly
of Such rei-urn.
o',91)Jence due tci fall-ilk. Care, prCL?n:mCv, ?)rCS ii:i11C\° dl� bllii' ,
li'iICSS. dlti;?1?Illi,, i);' sc.r!,ous he.-d[h condition., the decision of the 3pp0lll[';w_) 3Uthority gr3ntin-
dcn�in, lc l c or c:irly return from luive sh311 be subject to appeal tO tilt Personnel Director
::il;;
1101 subject til al?llc<ll 111rou-11 the grievance procedure sct forth i;l f lis `.lcmoral;dum of
County Final Proposal on Leaves of Absence,Family Cane&Medical Leave,LTD
April 14,1991
timely the full employee contribution to maintain their group health plan coverage, either through payroll
deduction or by paying the County directly.
7### Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve(12) month period of any leave of absence
without pay, an employee may elect to maintain pay status each month by using available sick
leave(f so entitled under Section###Policies Governing the Use of Paid Sick Leave),vacation,
floating holiday, compensatory time off or other actuals or entitlements; in other words,during
the fust twelve(12) months,a leave of absence without pay may be"broken" into segments and
actuals used on a monthly basis at the employee's discretion. After the first twelve (12)
months, the leave period may not be "broken" into segments and accruals may not be used,
except when required by LTD Benefit Coordination or SDI/Sick Leave Integration under Section
###or as provided in the sections below.
B.Family Care or Medical Leave. During the 18 weeks of an approved medical or family care
leave, if a portion of that leave will be on a leave of absence without pay, the employee will be
requtrM to use at least 0.l hour of sick leave(if so entitled under Section###Policies Governing
the Use of Paid Sick Leave),vacation,floating holiday.compensatory time off or other accruals
or entitlements if such are available, although use of additional accruals is permitted under
subsection A above.
• C.Leave of Absence/Long Term Disability(LTD)Benefit Coordination. An eligible employee.
who files an LTD daim and concurrently takes a leave of absence without pay will be required
to use accruals as provided in Section B herein during the 18 weeks entitlement period of a
medical leave specified in Section 4###above. If an eligible employee continues beyond the 18
weeks entitlement period on a concurrent leave of absence/LTD claim,the employee may choose
to maintain further pay status only as allowed under subsection A herein.
D. Sick leave accruals may not be used during any leave of absence, except as allowed under
Section###-Policies Governingthe Use of Paid Sick Leave.
8### Leave of Absence Replacement and Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in the same department at the time the employee
was granted a leave of absence, shall be reinstated to a position in that classification and department and
then only on the basis of seniority. In rase of severance from service by reason of the reinstatement of
a permanent employee, the provisions of Section ###(Layoff and Seniority) shall apply. -
9### Reinstatement from Family Care Medical Leave. In the case of a family care or medical leave,
an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to
work is after no more than 90 work days of leave from the initial date of a continuous leave, including
use of accruals, or within the;equivalent on an alternate work schedule. A full time employee taking an
intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the
return to work on a full schedule is after no more than 720 hours, including use of accruals, of
intermittent or reduced schedule leave. At the time the original leave is approved, the appointing
authority shall notify the employee in writing of the final date to return to work, or the maximum number
of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee
on a schedule other than 5/40 shall have the time frame for reinstatement to the sante o, comparable
position adjusted on a pro-rat- basis.
10'= S 11 iTv Rcv;el. 1i 1);!c on of :Mbsencc. The tal3ry of an e.l.lnl lv f. xv lin i. nn lc'�.'c of
ahsenc:, from 2 County On -;!-I',' :'.i'.;ii\'ciJary U:ii :'.i)J who i':1s not i'""? :--hscl)i !ro:': ii'c pos:;lil l
• County Final Proposal on Leaves of Absence,Family Care&Medical Leave,LTD April 14,1994
Understanding.
3### Miilitary Leave. No charge from current provisions.
4.0 Family Cane Leave or Medical Leave. Upon request to the appointing authority, in each calendar
year any employee who has permanent status shall be entitled to at least eighteen(18) weeks (less if so
requested by the employee)leave for:
A. medical-leave of absence for the employee's own serious health condition which makes the
employee unable to perform the functions of the employee's position; or
B. family care leave of absence without pay for reason of the birth of a child of the employee,
the placement of a child with an employee in connection with the adoption or foster care of the
child by the employee, or the serious illness or health condition of a child, parent, spouse, or
domestic partner of the employee.
4.1 The employee may be asked to provide certification of the need for family care leave or medical
leave. Additional period(s)of family care or medical leave may be granted by the appointing authority.
4.2 The 18 creeks' entitlement may be in broken periods, intermittently on a regular or irregular
basis, or may include reduced work schedules depending on the specific ireumstances and situations
surrounding the request for leave. The 18 weeks may include use of appropriate available paid leave
accruals when accruals are used to maintain pay status, but use of such actuals is not required beyond
that specified in Section 7 below. When paid leave accruals are used for a medical or family care leave,
such time shall be counted as a part of the 18 week entitlement.
4.3 In the situation where husband and wife are both employed by the County, the family care or
medical leave entitlement based on the birth,adoption or foster care of a child is limited to an aggregate
for both employees together of 18 weeks during each calendar year period. Employees requesting family
care leave are required to advise their appointing authority(ies) when their spouse is also employed by
the County.
4.4 For medical and family care leaves of absence under this section,the following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee
or a child whois under 18 years of age for whom an employee stands in loco parentis
or for whom the employee is the guardian or conservator or an adult dependent child
of the employee. •
B. Parent: A biological, foster, or adoptive parent, a stepparent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the
employee is not related and with whom the employee resides and shares the common
necessities of life.
E. SerioLl` healft] Condition: An illness, injury, impairment, or physical or mental condition
which warrants rile participation of a family member to provide care during period of
irearmem, or and involves either inpatient care in a hospital, or
iCSId�i1U<31 l]C}'.ii!1 C31C facility Or 001111111 IFIO trCa1111C111 01 CO!',;11111111`, W% it
L
Gmmty Final Proposal on Leaves of Absena-,Family Care&Medical leave,LTD April 14,1991
health care provider (eg. physician or surgeon) as defined by state and federal law.
F. Certification for Family Care Leave: A written communication to the employer
from a health care provider of a person for whose care the leave is being taken which
need not identify,the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. " the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to render care or
supervision;
4. a statement that the serious health condition warrants the participation of a family
member to provide care during a period of treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is necessary
for the care of the individual or will assist in their recovery, and its aspected
duration.
G. Cecfifrcation for;Medical Leave: A written communication from a health care provider
• . of an employee with a serious health condition or illness to the employer,which need not
identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of the
employee's job;
0 4. if for intermittent leave or a reduced work schedule leave, the certification
Z1 should indicated the medical necessity for the intermittent leave or reduced leave
schedule and its expected duration;
H. Comparable Position: A position with the same or similar duties and pay which can be
performed at the same or similar geographic location as the position held prior to the leave.
Ordinarily, the job assignment will be the same duties in the same program area located in the
same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
511#f#1 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section #11111
(Sick Leave Use for Pregnancy Disability),that time will not be considered a part of the 18 week family
care leave period.
6='#r Group Health Plan Cnver:Qc. employees who \%.ere members of one of the coup health plans
prior to commencement of their leave of absence can maimain their he2lth plan coverage with the County
contribution by maintaillI - their cn:r.. ylnient in pay status as described in Scc.uo.l "inr'. During the 18
weeks of an approved medical or fa-midy care leave under Section 4#. above, the County will continue
1•.S CL!li`l;1U110n ft�T SUCK llialih 1)i:ii; ]\'LT;:`_'l'. eVCI] If ?iccruals a-.- ^Ci $V.?llai)li. fill' 11Sc 1.0 i)l:ilili2i l pay.
SIa1US 2S regUllCd UlldCr SM Oil i==. lil i�l'l;l'T It] illalillaln SUCH Cil\ i;:?C, Clllpl(1\'Ci it TCiIUIC�Il IO p:?1`
3
.1 co„my Final Proposal on Leaves of Absence,Family Care&Medical Leave LTD April 19,199
,
on leave without pay more than six (6) months during the preceding year shall be reviewed on the
anniversary date. Employees on military leave shall receive salary increments that may accrue to them
during the period of military leave.
I IN Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty
after a leave request bas 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.
12N#. Non-Exclusivity. Other'Memorandum of Understanding language on this subject, not in conflict
with this proposal, shall remain in effect.
For the County Date Labor Coalition Date
Sli
5
IMMEDIATE FAMILY
May 5, 1994
The County and the Labor Coalition have agreed to include "niece" and "nephew"
within the definition of''"Immediate Family" under the County Sick Leave Policy.
Date:4�
FOR THE COUNTY: FOR THE COALITION:
COUNTY FINAL PROPOSAL
ON
REMOVAL OF NAMES FROM LAYOFF LIST'S
April 14, 1994
In exchange for acceptance of all other provisions of the County's February 17,
1994 proposal on Seniority, Workforce Reduction, Layoff and Reassignment, the
County agrees to include the following language in Sections (Removal of names
From Re-Employment and Layoff Lists):
Add:
J. 3. "However, if the first permanent appointment of a person on a layoff list is
to a lower class which has a top step salary lower than the top step of the class
from which the person was laid off, the name of the person shall not be removed
from the layoff list. Any subsequent appointment of such person from the layoff
list shall result in removal of that person's name." -
Date.
FOR THE COUNTY: FOR THE LITTON:
- r
------------------------
U01 :`'f
COUNTY COUNTER TO UNION PROPOSAL #29 - GRIEVANCE PROCEDURE
(Presented to Coalition 12/7/93)
SECTION §§ - GRIEVANCE PROCEDURE
§§.1 A grievance is any dispute which involves the interpretation or application of
any provision of this Memorandum of Understanding excluding, however, those
provisions of this Memorandum of Understanding which specifically provide that the
decision of any County official shall be final, the interpretation or application of
those provisions not being subject to the grievance procedure. The Union may
represent the grievant at any state of the process. Grievances must be filed within
thirty (30) days of the incident or occurrence about which the grievant claims to
have a grievance and shall be processed in the following manner:
A. Step 1. Any employee or group of employees who believe that a provision of
this Memorandum of Understanding has been misinterpreted or misapplied to
his or her detriment shall discuss the complaint with the grievants immediate
supervisor, who' shall meet with the grievant within five (5) days of receipt
of a written request to hold such meeting.
B. Step 2. If. a grievance is not satisfactorily resolved in Step 1 above, the
grievant 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 the grievant to the grievant's detriment, and
the redress the grievant seeks. A copy of each written communication on a
grievance shall be filed with the Director of Personnel. The Department Head
or his or her designee shall have ten (10) work days in which to respond to
the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the
grievant 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 grievant and attempt to settle the grievance
and respond in writing.
D. 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
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.
- 2 -
Where the parties agree, the Adjustment Board may be comprised of two (2)
Union representatives and two (2) County representatives. The Adjustment
Board._shall meet within twenty (20) work days of receipt of the written
request and render a decision. If the County fails to meet the time limits
specified in Step 4 and the grievant demands in writing that an Adjustment
Board be convened, the County will convene an Adjustment Board within ten
(10) work days or the grievance will move to arbitration upon demand.
E. Step 5. If an Adjustment Board is unable to arrive at a majority decision,
either the grievant or the County may require that the grievance be referred
to an impartial arbitrator who shall be designated by mutual agreement
between the grievant and the Personnel Director. Such request shall be
submitted within twenty (20) work days of the rendering of the Adjustment
Board decision. .Within twenty(20) work days of the request for arbitration,
the parties shall mutually select an arbitrator who shall render a decision
within thirty (30) work days from the date of final submission of the grievance
including receipt of the court reporter's transcript and post hearing briefs.
H any. The fees and expenses of the arbitrator and of the Court Reporter
shall be shared equally by the grievant and the County. Each party,
however, shall bear the costs of its own presentation, including preparation
and post hearing briefs, if any.
H.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, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a
position in a.unit represented by the Union which has been certified as
the recognized grievant organization for 'such unit and unless such
dispute falls within the definition of a grievance as se_t. forth in
Subsection 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 connec-
tion with such proposals, may be referred to arbitration under this
Section. Neither any Adjustment Board nor any arbitrator shall have
the power to amend or modify this Memorandum of Understanding.or
written agreements supplementary hereto or to establish any new terms
or conditions of employment.
D. If the Personnel Director in pursuance of the procedures outlined in
Subsection above, or the Adjustment Board in pursuance of the
provisions of Subsection 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.
- 3 -
E. No change in this Memorandum of Understanding or interpretations
thereof (except interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized unless agreed to
by the County and the Union or Association.
H.3 The time limits specified above may be waived by mutual agreement of the
parties to the grievance. If the County fails to meet the time limits specified in Steps
1 through 3 above, the grievance will automatically move to the next step. If an
grievant fails to meet the time limits specified in Steps 1 through 5 above, the
grievance will be deemed to have been settled and withdrawn.
H.4 Union Notification. An official with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Union in the grievance, shall
give the Union a copy of the grievance.
Date: Q
A'a,!
A:�`Lx 4 A- U.(p,
--
// Tabor Coalition Contra Costa County
Coalition Proposal#34
Holiday Pay
December 7, 1993
f Except SEIUJ
add to Section
Permanent Part Time and Permanent Intermittent employees who work on a holiday shall receive
overtime pay or compensatory time credit for all hours worked, up to a maximum,of S.
At
4'
I
Contra Costa County Co tion
A:MROPOSALt34MOLPAY.SAM[12/02/931[9:26 PM]
COUNTY COUNTER OFFER ON LAYOFF AND REASSIGNMENT
'1ST SENTENCE REGARDING VACATION
Section V! -VACATION LFAYE
13.1 Vacation ilowance, (No Change)
Add: a Vacation Leave on Reemployment from a Layoff List Employees, with six
months or more service in a permanent position prior to their layoff.who are employed from
a layoff list shall be considered as having completed six months' tenure in a permanent
position forthe purpose of vacation leave. The appointing authority ordesignee will advise
the Audbor-Controllees Payroll Unit In each case where such vacation is authorized so that
date Payroll systemoverride actions can be taken.
For Contra Costa County Date For i'rtion Date
)Q4-6h h!q2
Ze
- 0-Z
REVISED COUNTY PROPOSAL ON WORKERS' COMPENSATION
(Presented to the Labor Coalition on 1/27/94)
The County's proposal presented 11/12/93 is amended as below:
All MOU Sections `relevant to the initial waiting period for Workers' Compensation
shall be amended to read:
"Three (3) consecutive calendar days following the last day worked constitutes a
waiting period before Workers' Compensation starts. The time the employee is
scheduled to work during this waiting period will be charged to the employee's sick
leave and/or vacation accruals. In order to qualify for Workers' Compensation the
employee must be under the care of a physician. Temporary compensation is payable
on the first three (3) days of disability when the injury necessitates hospitalization,
or when the disability exceeds fourteen (14) days.
Date: s
FOR THE COUNTY: FOR THE COALITION:
i
A r
c / "
i
CONTRA COSTA COUNTY
SDI COUNTER-PROPOSAL
12147/93
,Section ###: State Disabiliiy Insurance (SDI)
Effective July 1, 1994, the County will begin a six-month pilot program for employees eligible
for State Disability benefits. At the end of the six (6) month pilot program, the County will
meet and confer to evaluate whether the plan will be continued. Employees eligible for SDI
benefits will be required to make application for SDI benefits and to have those benefits
integrated with the use of their sick leave accruals on the following basis:
###.1 General Provisions
A. The California SDI program provides disability benefits beginning on the eighth (8) calendar
day of a qualifying disability unless the employee is hospitalized. Upon hospitalization, benefits
can be payable from the first day of the disability. If the disability exceeds fourteen (14)
calendar days, benefits can be payable from the first day of the disability. The maximum period
of state disability payments is up to one year. Determination of SDI payments and eligibility
to receive payments is at the sole discretion of the State of California.
B. Integration means that employees will be required to use sick leave accruals to supplement
the difference between the amount of the SDI payment and the employee's base monthly salary.
Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration
applies to all SDI benefits paid. For employees off on SDI, the department will make
appropriate integration adjustments, including retroactive adjustments if necessary. Employees
must inform their department of hospitalization in a timely manner in order for the department
to make appropriate integration adjustments.
C. State Disability benefit payments will be sent directly to the employees at their home address
by the State of California.
D. When there are insufficient sick leave accruals available to fully supplement the difference
between the SDI payment and the employee's base monthly salary, accruals other than sick leave
may be used. These accruals may be used only to the extent that total payments do not exceed
the employee's base monthly salary.
###.2 Procedures r
A. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability
integration period must integrate their sick leave accrual usage with their SDI -benefit to the
maximum extent possible.
B. When employees have 1.2 hours or less of sick leave accruals. at the beginning of the
disability integration period, the department shall automatically use U.1 hour of sick leave per
month for the duration of their SDI benefit.
C. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates.
An employee may use any other accruals without reference to or integration with the SDI
benefit.
D. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee
may use sick leave or other accruals.
E. Employees with no sick leave balance at the beginning of the disability integration period
may use any other accruals without reference to or integration with the SDI benefit.
F. Employees whose SDI claims are denied must present a copy of their claim denial to their
department. The department will then authorize use of unused sick leave and shall authorize the
use of other accruals as appropriate.
G. Employees may contact the Personnel Department, Benefits Division, for assistance in
resolving problems.
###.3 Method of Integration
Until an employee has a balance of 1.2 hours of sick leave, the employee's sick leave accrual
charges while receiving SDI benefits shall be calculated each month.
The amount of sick leave charged each employee will be calculated in the following manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to the
daily hours in the employee's schedule and that number of sick leave hours will be charged
against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full time employees' schedules will be
converted to 8-hour/5-day weekly work schedules during the period of integration. The formula
for full time employees' sick leave integration charges is shown below:
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-months) Earnings
[H = Sx31
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit
[D = (W s 7) x C]
L = Sick Leave Charged per Day
L = [(S - D).; S] x 8
PermanentPart time, permanent intermittent employees, and those full time employees-working
a light/limited duty reduced schedule program shall have their sick leave integration adjusted
accordingly.
###.4 Definition
Base Monthly Salam for purposes of sick leave integration is defiled as the salary amount for
the employee's step on the salary schedule for the employee's permanent classification as shown
in the "Salary" field on the On-Line Payroll Time Reporting System used by departments for
payroll reporting purposes.
###.5 Conversion to the New SDI Program
For all employees receiving SDI benefits prior to July 1, 1994, conversion to the new SDI
program operated by departmental payroll staff will be coordinated by the Personnel
Department, Benefits Division.
All'em" ployee SDI benefit checks received in the Personnel Department and signed over to
the County by June 30, 1994, will be deposited and used to buy-back the employee's sick
leave, with sick leave credits appearing on the July 10th pay warrants insofar as possible.
All Employee SDI benefit checks received, but not signed over to the County, by June 30,
1994, will be returned to the employee. All employee SDI benefit checks received after
June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy
back will be made, regardless of the calendar period to which the benefit checks pertain.
Program transfer to departmental payroll staff will be effective July 1, 1994 for the month
of July with the first computation of SDI benefits and integration with sick leave under the
new program made on the August 10, 1994 pay warrants covering the July 1994 payroll
period.
For the County: Date or the Co tion: Date
�z ?Y.
f
SDI3.NW
SB/IS