HomeMy WebLinkAboutMINUTES - 08081995 - C42 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 8, 1995 by the following vote:
AYES: Supervisors Rocers, 'Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
'SUBJECT:
Approval of Memorandum of Understanding With )
SEW Local 535 - Service Line Supervisors Unit _ ) Res. No. 95/_378
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On October 1.8, 1994 the Employee Relations Manager submitted a Letter
of Understanding dated September 28, 1994, entered into with the SEIU
Local 535 for employees in the Service Line Supervisors Unit represented
by the organization.
2. Salaries and Terms and Conditions of Employment, SEIU Local 535. The
Memorandum of Understanding incorporating the agreements outlined in
the Letter of Understanding with SEIU Local 535 is attached hereto. Section
1 through 54 and Attachments are incorporated herein as if set forth in
full and made applicable to the represented employees.
3. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
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 , 1993.
1 hereby certify that this is a true and Correct Copy of
an action taken and entered on the minutes of the
Board of Sup aisors on the d ish9i
ATTESTED:ATCr,
PHIL BATCH OR,Clerk of the Board
of Supervisors nd County Administrator
`
By ,Deputy
Orig. Dept.: Human Resources Department(Contact Rich Heyne @ 646-4146)
cc: Auditor-Controller
Social Service Department via HRD
SEIU, Local 535 via HRD
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
OCTOBER 1 , 1993 - SEPTEMBER 30, 1995
�r
TABLE OF-CONTENTS
SECTION i UNION RECOGNITION ... . . . . . . . . . . . . . . . . . . 5
SECTION 2 UNION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.2 Maintenance of Membership . . . . . . . . . . . . . . . . 6
2.3 Union Dues Form . . . . . . . . . . . . . . . . . . . . . . . . 6
2.4 Withdrawal of Membership . . . . . . . . . . . . . . . . . 7
2.5 Communicating With Employees . . . . . . . . . . . . 7
2.6 Use of County Buildings . . . . . . . . . . . . . . . . . . . 9
2.7 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.8 Written Statement for New Employees . . . . . . . 10
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . 11
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4. 1 Attendance at Meetings . . . . . . . . . . . . . . . . . . 11
4.2 Union Representatives . . . . . . . . . . . . . . . . . . . 12
4.3 Social Service Office Stewards . . . . . . . . . . . . . . 13
4.4 Department Notification . . . . . . . . . . . . . . . . . . 13
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . 13
5.2 Pay Equity Implementation . . . . . . . . . . .. . . . . . 14
5.3 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . 17
5.4 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . 17
5.5 Increments Within Range . . . . . . . . . . . . . . . . . 19
5.6 Part-Time Compensation . . . . . . . . . . . . . . . . . . 20
5.7 Compensation for Portion of Month . . . . . . . . . 20
5.8 Position Reclassification . . . . . . . . . . . . . . . . . . 20
5.9 Salary Reallocation & Salary on Reallocation . . 21
5. 10 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . 23
5. 11 Salary on Appointment From a Layoff List . . . . 23
5.12 Salary on Involuntary Demotion . . . . . . . . . . . . 23
5.13 Salary on Voluntary Demotion . . . . . . . . . . . . . 24
5. 14 Transfer . . . . . . . . . . . . . . . . . . * , , , . . . , . . . . 24
5. 15 Pay for Work in Higher Classifict . . . . . . . . 25
5.16 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
5.17 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . 28
- i -
SECTION 6 DAYS & HOURS OF.WORK
6.1 Normal Work Week & Deviations . . . . . . . . . . . 29
6.2 Staggered Work Schedule . . . . . . . . . . . . . . . . . 30
6.3 9/80 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . 32
SECTION 7 PAID PERSONAL LEAVE . . . . . . . . . . . . . . . . . . 33
SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . 33
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . .. . . . . . 34
SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . 34
SECTION 1 1 WORKFORCE REDUCTION & SEPARATION
THROUGH LAYOFF
11 .1 Workforce Reduction . . . . . . . . . . . . . . . . . . . . . 35
11 .2 Separation Through Layoff . . . . . . . . . . . . . . . . 37
11 .3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
11 .4 Special Employment Lists . . . . . . . . . . . . . . . . . 44
11 .5 Reassignment of Laid Off Employees . . . . . . . . 44
11 .6 Further Study . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SECTION 12 HOLIDAYS
12.1 Holidays Observed 45
12.2 Holidays Falling on Saturday or Sunday . . . . . . 46
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . 47
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . 48
13.3 Accrual During Leave Without Pay . . . . . . . . . . 48
13.4 Vacation Allowance for Separated Employees . 48
13.5 Vacation Preference . . . . . . . . . . . . . . . . . . . . . 48
SECTION 14 SICK LEAVE
14.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
14.2 Credits to & Charges Against Sick Leave . . . . . 49
14.3 Policies Governing Use of Paid Sick Leave . . . . 50
14.4 Administration of Sick Leave . . . . . . . . . . . . . . 55
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
- ii -
SECTION 15 WORKERS' COMPENSATION
15.1 Workers' Compensation . . . . . . . . . . . . . . . . . . 64
15.2 Method of Integration . . . . . . . . . . . . . . . . . . . . 66
15.3 State Disability . . . . . . . . . . . . . . . . . . . . . . . . . 66
15.4 General Provisions . . . . . . . . . . . . . . . . . . . . . . 67
15.5 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
15.6 Method of Integration . . . . . . . . . . . . . . . . . . . . 69
15.7 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
15.8 Conversion to the New SDI Program . . . . . . . . . 70
15.9 Election of State Disability Insurance . . . . . . . . 71
15.10 Disability Insurance Review Committee . . . . . . 71
15.11 County-wide Sick Leave Study . . . . . . . . . . . . . . 72
SECTION 16 CATASTROPHIC LEAVE BANK
16.1 Program Design . . . . . . . . . . . . . . . . . . . . . . . . 72
16.2 Operation 73
SECTION 17 LEAVE OF ABSENCE
17.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . 75
17.2 General Administration - Leaves of Absence . . 75
17.3 Furlough Days Without Pay . . . . . . . . . . . . . . . . 77
17.4 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 77
17.5 Family Care Leave or Medical Leave . . . . . . . . . 78
17.6 Medical Certification . . . . . . . . . . . . . . . . . . . . . 79
17.7 Intermittent Use of Leave . . . . . . . . . . . . . . . . . 79
17.8 Aggregate Use for Spouse . . . . . . . . . . . . . . . . 79
17.9 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
17.10 Pregnancy Disability Leave . . . . . . . . . . . . . . . . 82
17.11 Group Health Plan Coverage . . . . . . . . . . . . . . . 82
17.12 Leave Without Pay - Use of Accruals . . . . . . . . . 83
17.13 Leave of Absence Replacement . . . . . . . . . . . . . 84
17. 14 Leave of Absence Return . . . . . . . . . . . . . . . . . 85
17.15 Reinstatement From Family Care Medical Leave 85
17.16 Salary Review While on Leave of Absence . . . . . 86
17. 17 Unauthorized Absence . . . . . . . . . . . . . . . . . . . 86
17. 18 Non-Exclusivity . . . . . . . . . . . . . . . . . . . . . . . . . 86
17. 19 Time Off to Vote . . . . . . . . . . . . . . . . . . . . . . . . 86
SECTION 18 JURY DUTY AND WITNESS DUTY . . . . . . . . . . 87
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SECTION 19 HEALTH AND WELFARE, LIFE AND DENTAL CARE
19.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . 90
19.2 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . 90
19.3 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . 91
19.4 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
19.5 Coverage During Absences . . . . . . . . . . . . . . . . 92
19.6 Retirement Coverage . . . . . . . . . . . . . . . . . . . . 92
19.7 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . 93
SECTION 20 PROBATIONARY PERIOD
20.1 Duration93
20.2 Classes With Probation Periods Over Six Months 93
20.3 Revised Probationary Period . . . . . . . . . . . . . . . 93
20.4 Criteria . . . . . . . . . . . * . . . * ' ' * * * * * 93
20.5 Rejection Durig Pobatio . . . . . . . . . . . . . . . . 94
20.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . 95
20.7 Layoff During Probation . . . . . . . . . . . . . . . . . . 97
20.8 Rejection During Probation of Layoff Employee 97
SECTION 21 PROMOTION
21 .1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . 98
21 .2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . 98
21 .3 Open Exam . . . . . . . . . . . . . . . . . . . . . . * * . . . " 98
21 .4 Promotion Via Reclass Without Examinatio . . 98
21 .5 Requirements for Promotional Standing . . . . . . 99
21 .6 Seniority Credits . . . . . . . . . . . . . . . . . . : . . . . . 99
21 .7 Physical Examination Requirement . . . . . . . . . 100
SECTION 22 TRANSFER
22.1 Transfer Conditions . . . . . . . . . . . . . . . . . . . . 100
22.2 Transfer Without Examination . . . . . . . . . . . . 101
22.3 Transfer Policy . . . . . . . . . . . . . . . . . . . . . . . . 102
22.4 Miscellaneous Assignments . . . . . . . . . . . . . . 102
SECTION 23 RESIGNATIONS
23.1 Resignation in Good Standing . . . . . . . . . . . . 103
23.2 Constructive Resignation . . . . . . . . . . . . . . . . 104
23.3 Effective Resignation . . . . . . . . . . . . . . . . . . . 104
23.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
23.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . 104
- iv -
SECTION 24 DISMISSAL, SUSPENSION & DEMOTION
24.1 Sufficient Cause for Action . . . . . . . . . . . . . . . 106
24.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . 107
24.3 Leave Pending Employee Response . . . . . . . . 109
24.4 Length of Suspension . . . . . . . . . . . . . . . . . . . 109
24.5 Procedure on Disciplinary Action . . . . . . . . . . 109
SECTION 25 GRIEVANCE PROCEDURE
25.1 Definition and Procedural Steps . . . . . . . . . . . 110
25.2 Scope of Adjustment Bd. & Arb. Decisions . . . 113
25.3 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
25.4 Compensation Complaints . . . . . . . . . . . . . . . 114
25.5 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . 115
25.6 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
25.7 Filing by Union . . . . . . . . . . . . . . . . . . . . . . . . 116
25.8 Union Notification . . . . . . . . . . . . . . . . . . . . . . 116
SECTION 26 BILINGUAL PROVISIONS . . . . . . . . . . . . . . . . 116
SECTION 27 RETIREMENT CONTRIBUTION
27.1 Contributions . . . . . . . . . . . . . . . . . . . . . . . . . 117
27.2 Retirement Study . . . . . . . . . . . . . . . . . . . . . . 117
SECTION 28 TRAINING REIMBURSEMENT . . . . . . . . . . . . . 118
SECTION 29 MILEAGE
29.1 Reimbursement Rate . . . . . . . . . . . . . . . . . . . . 118
29.2 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
SECTION 30 RESPITE LEAVE WITHOUT PAY . . . . . . . . . . . 119
SECTION 31 CONSERVATORSHIP DIFFERENTIAL . . . . . . . 119
SECTION 32 NOTICE OF NEW EMPLOYEES . . . . . . . . . . . 120
SECTION 33 PERSONNEL FILES
33.1 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
33.2 Inspection Exclusions . . . . . . . . . . . . . . . . . . . 120
33.3 Removal & Release of Material . . . . . . . . . . . . 120
33.4 Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
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33.5 Employee Response . . . . . . . . . . . . . . . . . . . . 122
SECTION 34 COUNSELLING . . . . . . . . . . . . . . . . . . . . . . . . 122
SECTION 35 PERFORMANCE EVALUATION
35.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
35.2 Probationary Period . . . . . . . . . . . . . . . . . . . . 123
35.3 Annual Evaluation . . . . . . . . . . . . . . . . . . . . . . 124
35.4 Below Standard Evaluation . . . . . . . . . . . . . . . 124
35.5 Discussion With Employee 125
35.6 Definitions of Ratings . . . . . . . . . . . . . . . . . . . 125
35.7 Appeal Procedure . . . . . . . . . . . . . . . . . . . . . . 126
SECTION 36 SAFETY PROGRAM . . . . . . . . . . . . . . . . . . . . . 127
SECTION 37 FLEXIBLE STAFFING
37. 1 Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
37.2 Continuous Testing for Flexibly Staffed Classes 128
SECTION 38 STAFFING ALLOCATIONS & REASSIGNMENTS 130
SECTION 39 REIMBURSEMENT FOR MEAL EXPENSES . . . . 133
SECTION 40 PERSONAL PROPERTY REIMBURSEMENT . . . 134
SECTION 41 LENGTH OF SERVICE DEFINITION . . . . . . . . . 136
SECTION 42 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . 136
SECTION 43 PERMANENT PART-TIME EMPLOYEE BENEFITS138
SECTION 44 P-I EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . 139
SECTION 45 P-1 EMPLOYEE HEALTH PLAN . . . . . . . . . . . . 139
SECTION 46 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . 139
SECTION 47 INDEMNIFICATION & DEFENSE OF
COUNTY EMPLOYEES 140
- vi -
SECTION 48 MODIFICATION &DECERTIFICATION . . . . . . 140
SECTION 49 UNFAIR LABOR PRACTICE
49.1 Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
49.2 Unfair Labor Practice - County . . . . . . . . . . . . 141
49.3 Unfair Labor Practice - Union . . . . . . . . . . . . . 142
SECTION 50 DEPENDENT CARE . . . . . . . . . . . . . . . . . . . . . 143
SECTION 51 SPECIAL STUDIES/OTHER ACTIONS . . . . . . . 143
51 .1 Double Medical Coverage . . . . . . . . . . . . . . . . 144
51 .2 Attendance Program . . . . . . . . . . . . . . . . . . . . 144
51 .3 Deferred Retirement . . . . . . . . . . . . . . . . . . . . 144
SECTION 52 SPECIAL BENEFITS . . . . . . . . . . . . . . . . . . . . . 145
SECTION 53 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
SECTION 54 SCOPE OF AGREEMENT & SEPARABILITY
OF PROVISIONS
54. 1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . 148
54.2 Separability of Provisions . . . . . . . . . . . . . 148
54.3 Personnel Management Regulations . . . . . . . . 148
ATTACHMENTS
SUBJECT INDEX
- vii -
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Division 34
of the Contra Costa County Board of Supervisors
Resolution 81 /1 165 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 the employees- in units
in which the Union is the recognized representative,
have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on
all matters relating to the employment conditions and
employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa
County Board of Supervisors as the joint
recommendations of the undersigned for salary and
employee benefit adjustments for the period
commencing October 1 , 1993 and ending September
30, 1995.
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.
County: 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 MOU, 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.
- 2 -
Employee: A person who is an incumbent of a position
or who is on leave of absence in accordance with
provisions of this MOU 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.
Proi.ect 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.
- 3 -
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 MOU, 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
(5Y6) 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.
- 4 -
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.
- 5 -
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 MOU 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.
- 6 -
Each such dues authorization form referenced above
shall include a statement that the Union and the
County have entered into an MOU, that the employee
is required to authorize payroll deductions of Union
dues as a condition of employment, and that such
authorization may be revoked within the first thirty
(30) days of employment upon proper written notice by
the employee within said thirty (30) day period as set
forth above. Each such employee shall, upon
completion of the authorization form, receive a copy of
said authorization form which shall be deemed proper
notice of his or her right to revoke said authorization.
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between
August 1 , 1995 and August 31 , 1995, 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 , 1995, discontinuance of
dues payments to then be reflected in the October 101
1995 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
- 7 -
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
s
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:
a. Such space is available and its use by the
Union is scheduled twenty-four (24) hours in
advance;
b. there is no additional cost to the County;
C. it does not interfere with normal County
operations;
d. employees in attendance are not on duty and
are not scheduled for duty;
e. the meetings are on matters within the scope
of representation.
The administrative official responsible for the space
shall establish and maintain scheduling of such uses.
The Union shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly
condition.
The use of County equipment (other than items
normally used in the conduct of business meetings,
- 9 -
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 .
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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.
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;
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d. if they are designated as a shop steward, in
which case they may utilize a reasonable time
at each level of the proceedings to assist an
employee to present a grievance;
e. if they are designated as spokesperson or
representative of the Union and as such make
representations or presentations at meetings
or hearings on wages, salaries and working
conditions; provided in each case advance
arrangements for time away from the
employee's work station or assignment are
made with the appropriate department head
or designee, and the County agency calling
the meeting is responsible for determining
that. the attendance of the particular
employee(s) 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.
- 12 -
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.
SECTION 5 - SALARIES
5.1 General Wage Increases
A Effective duly 1 , 1994 each represented
classification shall receive a general wage
increase of 10 levels on the County Salary
Schedule (1 .0045%).
B. Effective January 1 , 1995 each represented
classification shall receive a general wage
increase of 10 levels on the County Salary
Schedule (1 .0045%). Any net savings achieved
by the County from the replacement of the 1 st
Choice Health Plan by the QualMed Health
Plan for those eligible to a salary increase as
- 13 -
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 American
Physicians and Dentists are excluded from
these wage increases and subvention
calculations.
C. The savings shall be computed on a per cap
basis as follows:
1 . The County's "original cost" shall be
computed by adding together the gross
subvention for each represented
employee in 1 st Choice for the month of
10/1 /93, the sum then increased by 14%.
2 . The County's "current cost" shall be
computed by adding together the gross
subventions of each represented
employee who transferred from 1st
Choice to QualMed for the month of
10/1 /94.
3 . 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 increase.
5.2 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
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MOU between the County and the Service Line
Supervisors' Chapter of SEW 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 result in
some classes receiving Pay Equity adjustments
in excess of 50% of their general wage
increase.
- 15 -
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. Indemnification Procedure. 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(es)
represented by the participating unions, the
union(s) representing such class(es) 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.
- 16 -
See Supplemental Pay Equity Agreement
(Attachment BY
5.3 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.
5.4 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
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 for a new
employee who is appointed the same date,
classification and step and who then success-
fully 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
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one (1 ) year after the first calendar day of that
month.
5.5 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 5.4 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
_ fig _
month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.6 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.
5.7 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.
5.8 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.
- 20 -
An incumbent of a position which is reclassified to a
class which is allocated to a lower range of the basic
salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary
is greater than the maximum of the range of the class
to which the position has been reclassified, the salary
of the incumbent shall be reduced to the maximum
salary for the new classification. The salary of an
incumbent of a position which is reclassified to a class
which is allocated to a range of the basic salary
schedule greater than the range of the class of the
position before it was reclassified shall be governed by
the provisions of Section 5 . 10 - Salary on Promotion.
5.9 Salary Reallocation & 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.
- 21 -
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 .9.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 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.
- 22 -
D. In the event of reallocation to a deep class,
the provisions of the deep class resolution
and incumbent salary allocations, if any, shall
supersede Section 5.9.
5.10 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. 14, 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.
5.11 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.
5.12 Salary on Involuntary Demotion. Any
employee who is demoted, except as provided under
Section 5. 13, shall have his/her salary reduced to the
monthly salary step in the range for the -class of
- 23 -
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. 13 Salary on Voluntary Demotion. Whenever
any employee voluntarily demotes to a position in a
class having a salary schedule lower than that of the
class from which he or she demotes, 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.
5.14 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 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
24
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.
5.15 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 . 10 - Salary on Promotion of this
Memorandum, commencing on the eighteenth (18th)
work day of the assignment, under the following
conditions:
a. The employee is assigned to a program
service, or activity established by the Board of
Supervisors which is reflected in an authorized
- 25 -
position which has been classified and
assigned to the Salary Schedule.
b. The nature of the departmental assignment is
such that the employee in the lower
classification becomes fully responsible for
the duties of the position of the higher
classification.
C. Employees selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
d. Pay for work in a higher classification shall not
be utilized as a substitute for regular
promotional procedures provided in this MOU.
e. 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.
f. Higher pay assignments shall not exceed six
(6) months except through reauthorization.
g. If approval is granted for pay for work in a
higher classification and the assignment is
terminated and later reapproved for the same
employee within thirty (30) days, no additional
waiting period will be required.
h. Any incentives (e.g., the education incentive)
and special differentials (e.g., bilingual
- 26 -
differential and hazardous duty differential)
accruing to the employee in his/her
permanent position shall continue.
L 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.
j. Allowable overtime pay, shift differential
and/or work location differentials will be paid
on the basis of the rate of pay for the higher
class.
5.16 Payment. On the tenth (10th) day of each
month, the Auditor will draw a warrant upon the
Treasurer in favor of each employee for the amount of
salary due the employee for the preceding month;
provided, however, that each employee (except those
paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day of
each month, draw his 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.
_ 27 _
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 . 17, all required or requested deductions
from salary shall be taken from the second
installment, which is payable on the tenth (10th) day of
the following month.
5. 17 Pay Warrant Errors. If an employee receives
a pay warrant which has an error -in the amount of
compensation to be received and if this error occurred
as a result of a mistake by the Auditor-Controller's
Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new
warrant issued within 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
_ 28 _
provision shall apply regardless of whether the error
was made by the employee, the Appointing Authority
or designee, the Director of Personnel or designee, or
the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are
excluded from this section for both parties.
When the County notifies an employee of an
overpayment and 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.
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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:
a. All employees must be present at their office
or otherwise engaged in the duties of their
position during the core hours of 10:00 a.m.
and 3 : 30 p.m.
b. Work schedules must remain within the hours
of 7:00 a.m. and 7:00 p.m.
C. The selected staggered work schedule shall
consist of the same hours of work each day
except for when a schedule including one
varying eight hour workday is necessary to
provide "officer of the day" coverage or for
other specific circumstances in which the
department determines that such a varying
schedule is appropriate. The decision of the
Department Head or designee shall be final.
d. 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)
- 30 -
hour, or from one half 0 /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.
e. 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 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 pur-
pose of maintaining minimum coverage,
provided that the total number of workers in
the units so clustered shall not exceed eight
(8).
f. Each employee's proposed staggered schedule
must be submitted in writing and approved by
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the Department Head or designee prior to
implementation.
g. Changes in staggered schedules shall be
requested in writing and must have the
approval of the Department Head or designee
prior to implementation.
h. Conflicting requests for schedules shall be
resolved by the Department Head whose
decision shall be final.
i. 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.
j. It is understood that an individual employee's
schedule may be changed due to the needs
of the department.
k. 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
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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 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.
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.
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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:
a. Completion of more than one and one-half (1 -
1 /2) hours over the normal actual working
time; or
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b. At least four (4) hours of actual working time
from 5 :00 p.m. through 9:00 a.m. inclusive.
However, employees who have been regularly
working a shift qualifying for shift differential
immediately preceding the commencement of
a vacation, paid sick leave period, paid
disability or other paid leave, will have shift
differential included in computing the pay for
their leave. The paid leave of an employee
who is on a rotating shift schedule shall
include the shift differential that would have
been received had the employee worked the
shift for which the employee was scheduled
during such period.
Shift differential shall only be paid during paid
sick leave and paid disability as provided
above for the first thirty (30) calendar days of
each absence.
SECTION i 1 - SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction. In the event that
funding reductions or shortfalls in funding occur in a
department or are expected, which may result in
layoffs, the department will notify the union and take
the following actions:
a. Identify the classification(s) in which position
reductions may be required due to funding
reductions or shortfalls.
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b. Advise employees in those classifications that
position reductions may occur in their
classifications.
C. Accept voluntary leaves of absence from
employees in those classifications which do
not appear to be potentially impacted by
possible position reductions when such leaves
can be accommodated by the department.
d. Consider employee requests to reduce their
position hours from full time to part time to
alleviate the impact of the potential layoffs.
e. Approve requests for reduction in hours,
lateral transfers, and voluntary demotions to
vacant, funded positions in classes not
scheduled for layoffs within the department,
as well as to other departments not
experiencing funding reductions or shortfalls
when it is a viable operational alternative for
the department(s).
f. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team
program (TET) to:
1 . Maintain an employee skills inventory
bank to be used as a basis for referrals to
other employment opportunities.
2 . Determine if there are other positions to
which employees may be transferred.
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I Refer interested persons to vacancies
which occur in other job classes for which
they qualify and can use their layoff
eligibility.
4. Establish workshops to aid laid off
employees in areas such as resume
preparation, alternate career counseling,
job search strategy, and interviewing
skills.
g. 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, the Employee Relations
Officer shall notify the Union of the possibility
of such layoffs and shall meet and confer with
the Union regarding the implementation of
the action.
11 .2 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
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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 of
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
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employee with less seniority 1 ) in the
same class or, 2) in a class of the same or
lower salary level 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 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, as provided in Section 305 .2,
shall carry the seniority accrued in the former
class into the new class. Employees
reallocated to a new deep class upon its
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initiation or otherwise reallocated to a deep
class because the duties of the position
occupied are appropriately described in the
deep class shall carry into the deep class the
seniority accrued or carried forward in the
former class as provided in Section 305.2 and
seniority accrued in other classes which have
been included in the deep class. Service for
layoff and displacement purposes includes
only the employee's last continuous
permanent County employment. Periods of
separation may not be bridged to extend such
service unless the separation is a result of
layoff in which case bridging will be
authorized if the employee is reemployed in a
permanent position within the period of layoff
eligibility. Approved leaves of absence as
provided for in these rules and regulations
shall not constitute a period of separation. In
the event of ties in seniority rights in the
particular class in question, such ties shall be
broken by length of last continuous
permanent County employment. If, there
remain ties in seniority rights, such ties shall
be broken by counting total time in the
department in permanent employment. Any
remaining ties shall be broken by random
selection among the employees involved.
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 has
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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,
displaced, or 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 granted
reemployment privileges shall continue on the
appropriate list for a period of two (2) years.
Persons placed on layoff lists shall continue
on the appropriate list for a period of four (4)
years.
I. Certification of Persons From Layoff Lists.
Layoff lists contain the name(s) of person(s)
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laid off, displaced or demoted by
displacement or voluntarily demoted in lieu of
layoff or transferred in lieu of layoff or
displacement. When a request for personnel is
received from the appointing authority of a
department from which an eligible(s) was laid
off, the appointing authority shall receive and
appoint the eligible highest on the layoff list
from the department. When a request for
personnel is received from a department from
which an eligible(s) was not laid off, the
appointing authority shall receive and appoint
the eligible highest on the layoff list who shall
be subject to a probationary period. A person
employed from a layoff list shall be appointed
at the same step of the salary range the
employee held on the day of layoff.
j. Removal of Names from Reemployment &
Layoff Lists.
1 . The Director of Personnel may remove the
name of any eligible from a reemployment
or layoff list for any reason listed below:
a. For any cause stipulated in Section
404. 1 of the Personnel Management
Regulations.
b. On evidence that the eligible cannot
be located by postal authorities.
c. On receipt of a statement from the
appointing authority or eligible that
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the eligible declines certification or
indicates no further desire for
appointment in the class.
d. If three offers of permanent
appointment to the class for which
the eligible list was established have
been declined by the eligible.
e. If the eligible fails to respond to the
Director of Personnel or the
appointing authority within ten (10)
days to written notice of certification
mailed to the person's last known
address.
2 . If the person on the reemployment or
layoff list is appointed to another position
in the same or lower classification, the
name of the person shall be removed.
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.
K. Removal of Names from Reemployment and
Layoff Certifications. The Director of
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Personnel may remove the name of any
eligible from a reemployment or layoff
certification if the eligible fails to respond
within five (5) days to a written notice of
certification mailed to the person's last known
address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice
prior to their last day of employment.
11 .4 Special Employment Lists. The County will
establish a TET Employment Pool which will include the
names of all laid off County employees. Special
employment lists for job classes may be established
from the pool. Persons placed on a special
employment list must meet the minimum qualifications
for the class. An appointment from such a list will not
affect the individual's status on a layoff list(s).
11 .5 Reassignment of Laid Off Employees.
Employees who displaced within the same
classification from full time to part-time or intermittent
status in a layoff, or who voluntarily reduced their
work hours to reduce the impact of layoff, or who
accepted a position of another status than that from
which they were laid off upon referral from the layoff
list, may request reassignment back to their pre-layoff
status (full time or part-time or increased hours). The
request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back
to their former status at the time of the workforce
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reduction. The most senior laid off employee in this
status who requests such a reassignment will be
selected for the vacancy; except when a more senior
laid off individual remains on the layoff list and has
not been appointed back to the class from which laid
off, a referral from the layoff list will be made to fill the
vacancy.
11 .6 Further Study. The County agrees to meet
with the Labor Coalition for study of the concept of
employee's waiver of displacement rights in a layoff.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe
the following holidays:
A. ,January 1 st, known as New Years Day
Third Monday in January known as Dr. M. L. 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 11 th, 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 0 /2) hour, and
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preference of personal holidays shall be given
to employees according to their seniority in
their department as reasonably as possible.
No employee may accrue more than forty (40)
hours of personal holiday credit.
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.
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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
MOU. 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.
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 for the purpose of vacation leave. The
appointing authority or designee will advise the
Auditor-Controller's Payroll Unit in each case where
such vacation is authorized so that appropriate Payroll
system override actions can be taken.
- 47 -
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 Vacation 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 of such leave, nor shall an
employee who is absent without pay accrue vacation
credit during the absence.
13.4 Vacation Allowance for Separated
Employees. On separation from County service, an
employee 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.
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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
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the basis on 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, niece, nephew, 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.
"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
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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.
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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 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
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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 & Dental Appointments. An employee
may use paid sick leave credits:
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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
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sick leave credits but is not in pay status.
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
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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:
I . 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.
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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.
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
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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
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employee or the County in relation to the
employee overcoming any disability and/or
performing his or her duties the appointing
authority may direct the employee to take
such leave and/or undergo such treatment.
C. Leave due to temporary or permanent
disability shall be without prejudice to the
employee's right to use sick leave, vacation, or
any other benefit to which the employee is
entitled other than regular salary. The
Personnel Director may order lost pay
restored for good cause and subject to the
employee's duty to mitigate damages.
D. Before an employee returns to work from any
absence for illness or injury, other leave of
absence or disability leave, exceeding two
weeks in duration, the appointing authority
may order the employee to undergo at County
expense a physical, medical, and/or
psychiatric examination by a -licensed
physician, and may consider a report of the
findings on such examination. If the report
shows that such employee is physically or
mentally incapacitated for the performance of
duty, the appointing authority may take such
action as he/she deems necessary in
accordance with appropriate provisions of this
MOU.
E. Before an employee is placed on an unpaid
leave of absence or suspended because of
physical or mental incapacity under (a) or (b)
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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.
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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.
�. 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:
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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 1 1 14-1 128 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.
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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.
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SECTION 15 - WORKERS' COMPENSATION
15. 1 Workers' Compensation. The County will
reduce Workers' Compensation for all non-safety
employees to 94% of monthly salary for all claims filed
with the employee's department on or after February
101 1992 and 88% of monthly salary for all claims filed
on or after January 1 , 1993. All savings generated will
be used toward offsetting chargeable increases in
County subvention of premiums for health and dental
plans. If Workers' Compensation becomes taxable, the
County agrees to restore the current benefit level
(100% of monthly salary) and the parties shall meet
and confer with respect to funding the increased cost.
A. 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
considered as the last day worked for
purposes of determining Workers'
Compensation benefits.
A permanent employee shall receive the
authorized percentage of regular salary
during any period of compensable temporary
disability absence. "Compensable temporary
disability absence" for the purpose of this
Section, is any absence due to work connected
disability which qualifies for temporary
disability compensation under Workers'
Compensation Law set forth in Division 4 of
the California Labor Code. When any disability
becomes permanent, the salary provided in
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this Section shall terminate. The employee
shall return to the County all temporary disa-
bility 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.
B. 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.
C. Full Pay Beyond One Year. If an injured
employee remains eligible for temporary
disability beyond one year, the authorized
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.
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D. Rehabilitation 110teg, ration. 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 his/her 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.
E. Health Insurance. The County contribution to
the employee's group insurance plan(s)
continues during the continuing pay period
and during integration of sick leave or
vacation with Workers' Compensation bene-
fits.
15.2 Method of Integration. An employee's sick
leave and/or vacation charges shall be calculated as
follows:
C = 8 [1 - (W = S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Comp. for a month
S = Monthly salary
15.3 State Disabi I ity. 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
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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:
15.4 General Provisions. 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.
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.
State Disability benefit payments will be sent directly
to the employees at their home address by the State of
California.
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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.
15.5 Procedures. 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.
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 0. 1
hour of sick leave per month for the duration of their
SDI benefit.
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.
When the SDI benefit is exhausted, sick leave
integration terminates. Then the employee may use
sick leave or other accruals.
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.
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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.
Employees may contact the Personnel Department,
Benefits Division, for assistance in resolving problems.
15.6 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: L = [(S-D) = S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings
[H = Sx3]
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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 = 7) x C]
L = Sick Leave Charged per Day
Permanent part-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.
15.7 Definition. "Base Monthly Salary" for purposes
of sick leave integration is defined 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.
15.8 Conversion to the New SDI Program. For all
employees receiving SDI benefits prior to duly 1 , 1994,
conversion to the new SDI program operated by
departmental payroll staff will be coordinated by the
Personnel Department, Benefits Division.
All employee 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
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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
101 1994 pay warrants covering the July 1994 payroll
period.
15.9 Election of State Disability Insurance
Within one hundred twenty (120) days of the
ratification of this agreement, employees covered by
this agreement shall have the opportunity to
determine whether or not to be covered by SDI. Such
determination shall be made by majority vote in an
election conducted by the State Mediation and
Conciliation Service. The costs of conducting said
election shall be borne by the County. If SDI coverage
is elected, the County shall take action to enroll them
immediately and, when they become eligible for SDI
benefits, the provisions of paragraph 1 S . 7 shall apply.
15. 10 Disability Insurance Review Committee. The
County shall establish a Disability Insurance Review
Committee consisting of one representative from each
employee organization and four management
representatives to review and recommend to the
Director of Personnel the feasibility of implementing a
self-funded and self-administered disability insurance
program.
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15. 1 1 County-wide Sick- Leave Study. The County
agrees to meet and confer with the Union along with
the other employee organizations in the coalition
regarding implementation of a revised County-wide
Sick Leave Policy. Such meet and confer sessions shall
take place during the term of this MOU.
SECTION 16 - CATASTROPHIC LEAVE BANK
16.1 Program Design. Effective April 1 , 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 account(s)
and credited to the Catastrophic Leave Bank. Upon
approval, credits from the Catastrophic 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.
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16.2 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
Bank to a recipient will be in the form of sick
leave accruals and shall be treated as 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.
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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, compensatory time, or holiday
compensatory 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 grievable. All appeals
from either a donor or recipient will be resolved
on a final basis by the Director of Personnel.
H. 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.
I. 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
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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.
J. Any unused hours transferred to a recipient will
be returned to the Catastrophic Leave Bank.
SECTION 17 - LEAVE OF ABSENCE
17.1 Leave Without 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.
17.2 General Administration - Leaves of Absence.
Requests for leaves 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. Leave without pay may be granted for any of the
following reasons:
1 . Illness, disability or serious health condition;
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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 accordance with Section 17. 5
below.
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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
writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior
approval by the appointing authority. The
Personnel Department shall be notified promptly
of such return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
illness, disability, or serious health condition, the
decision of the appointing authority granting or
denying leave or early return from leave shall be
subject to appeal to the Personnel Director and
not subject to appeal through the grievance
procedure set forth in this MOU.
17.3 Furlough Days Without Pax. The existing VTO
program shall be continued for the life of the contract.
17.4 Military Leave. Any employee in the merit
system who is required to serve as a member of the
State Militia or the United States Army, Navy, Air Force,
Marine Corps, Coast Guard or any division thereof
shall be granted a military leave for the period of such
service, plus ninety (90) days. An employee who
volunteers for such service shall be granted a leave of
absence if necessary in accordance with applicable
state or federal laws. Upon the termination of such
service or upon honorable discharge, the employee
shall be entitled to return to his/her position in the
classified service provided such still exists and the
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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.
17.5 Family Care 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 leave (less if so
requested by the employee) 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
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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.
17.6 Medical Certification. 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.
17.7 Intermittent Use of Leave. The 18 week
entitlement may be in broken periods, intermittently
on a regular or irregular basis, or may include reduced
work schedules depending on the specific
circumstances 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
accruals is not required beyond that specified in
Section 17. 12 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.
17.8 Aggregate Use for Spouse. 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.
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17.9 Definitions. 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 who
is 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
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
c. Souse: 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. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or residential health care facility
or continuing treatment or continuing supervision
by a health care provider (e.g. physician or
surgeon) as defined by state and federal law.
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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 period of treatment or
supervision;
S . 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 expected duration.
g. Certification 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:
- s1 -
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;
4. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave schedule
and its expected duration.
h. Comparable Positions: 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.
17. 10 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 14.3.d
(Sick Leave Utilization for Pregnancy Disability), that
time will not be considered a part of the 18 week
family care leave period.
17.11 Group Health Plan Coverage. Employees who
were members of one of the group health plans prior
to commencement of their leave of absence can
maintain their health plan coverage with the County
_ 82 _
contribution by maintaining their employment in pay
status as described in Section 17. 12. During the 18
weeks of an approved medical or family care leave
under Section 17.6 above, the County will continue its
contribution for such health plan coverage even if
accruals are not available for use to maintain pay
status as required under Section 17. 12. In order to
maintain such coverage, employees are required to pay
timely the full employee contribution to maintain their
group health plan coverage, either through payroll
deduction or by paying the County directly.
17.12 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 (if
so entitled under Section 14.3 - Policies Governing
the Use of Paid Sick Leave), vacation, floating
holiday, compensatory time off or other accruals
or entitlements; in other words, during the first
twelve 0 2) months, a leave of absence without
pay may be "broken" into segments and accruals
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 15 . 7 or as
provided in the sections below.
B. Family are or Medical Leave. During the 18
weeks of an approved medical or family care
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� a
leave, if a portion of that leave will be on a leave
of absence without pay, the employee will be
required to use at least 0. 1 hour of sick leave (if
so entitled under Section 14.3 - 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 claim and concurrently takes a leave
of absence without pay will be required to use
accruals as provided in Section B herein during
the 18 week entitlement period of a medical leave
specified 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
14. 3 - Policies Governing the Use of Paid Sick
Leave.
17. 13 Leave of Absence Replacement &
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
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case of severance from service by reason of the
reinstatement of a permanent employee, the
provisions of Section i i (Seniority, Workforce
Reduction, Layoff, & Reassignment) shall apply.
17.14 Leave of Absence Return. In the Social Service
Department an employee shall have the right to return
to the same class, building, and assignment (position
control number) if the return to work is within eighty-
nine (89) consecutive days from the initial date the
employee started leave of absence. At such time the
leave of absence is approved by the Appointing
Authority, the Social Service Department shall notify
the employee of the final date by which he/she shall
return to be assigned to the same position control
number.
17. 15 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
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position. An employee on a schedule other than 5/40
shall have the time frame for reinstatement to the
same or comparable position adjusted on a pro rata
basis.
17. 16 Salary Review While on Leave of Absence.
The salary of an employee who is on leave of absence
from a County position on any anniversary date and
who has not been absent from the position on leave
without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary
date. Employees on military leave shall receive salary
increments that may accrue to them during the period
of military leave.
17. 17 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty
after a leave request has been disapproved, revoked,
or canceled by the appointing authority, or at the
expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
17.18 Non-Exclusivity. Other MOU language on this
subject, not in conflict, shall remain in effect.
17.19 Time Off to Vote. Employees represented by
the Union who do not have sufficient 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
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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 It
I
am a registered voter"; geographic location and
address of the employee's polling place; amount of
time 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 18 - JURY DUTY AND WITNESS DUTY
18.1 Jury Duty. For purposes of this Section, jury
duty shall be defined as any time an employee is
obligated to report to the court.
a. When called for jury duty, County employees, like
other citizens, are expected to discharge their
jury duty responsibilities.
b. Employees shall advise- their department as soon
as possible if scheduled to appear for jury duty.
c. If summoned for jury duty in a Municipal,
Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County pay
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status, or they may take paid leave (vacation,
floating holiday, etc.) or leave without pay and
retain all fees and expenses paid to them.
d. When an employee is summoned for jury duty
selection or is selected as a juror in a Municipal,
Superior or Federal Court, employees may remain
in a regular pay status if they waive all fees (other
than mileage), regardless of shift assignment and
the following shall apply:
1 . If an employee elects to remain in a regular
pay status and waive or surrender all fees
(other than mileage), the employee shall
obtain from the Clerk or Jury Commissioner a
certificate indicating the days attended and
noting that fees other than mileage are
waived or surrendered. The employee shall
furnish the certificate to his department
where it will be retained as a department
record. No "Absence/Overtime Record" is
required.
2 . An employee who elects to retain all fees
must take leave (vacation, floating holiday,
etc.) or leave without pay. No court certificate
is required but an "Absence/Overtime Record"
must be submitted to the department payroll
clerk.
e. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that
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would affect their ability to properly serve as
jurors.
f. An employee on short notice standby to report to
court, whose job duties make short notice
response impossible or impractical, shall be given
alternate work assignments for those days to
enable them to respond to the court on short
notice.
g. When an employee is required to serve on jury
duty, the County will adjust that employee's work
schedule to coincide with a Monday to Friday
schedule for the remainder of their service, unless
the employee requests otherwise. Participants in
9/80 or 4/10 work schedules will not receive
overtime or compensatory time credit for jury
duty on their scheduled days off.
h. Permanent-intermittent employees are entitled to
paid jury duty leave only for those days on which
they were previously scheduled to work.
18.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the
course of their work or the work of another
department may remain 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
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- relations) shall take vacation leave or leave without pay
and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the
same provisions as apply to jury duty as set forth in
Section 18 of this MOU. 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 19 - HEALTH & WELFARE, LIFE & DENTAL
CARE
19.1 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, and the Contra
Costa County Health Plan (CCHP), to all permanent
employees regularly scheduled to work twenty (20) or
more hours per week. Effective February 1 , 1994 the
QualMed Health Plan will be added. During the term of
this MOU, all conditions and agreements regarding
health, dental and related benefits contained in the
January 13 , 1994 Agreement (Attachment C) between
the County and the Labor Coalition shall be in effect.
19.2 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
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will publish and distribute to employees and
departments information about rate changes as they
occur during the year.
19.3 Medicare Rates. Corresponding Medicare
rates for employees covered under this MOU shall be
as follows: for Employee Only on Medicare by taking
the Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one
enrollee; for Employee and Dependent(s) with one
member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one
enrollee; for Employee and Dependent(s) with two
members on Medicare by taking the Employee and
Dependent(s) rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for two
enrollees.
19.4 Partial Month. The County's contribution to
the Health Plan premium is payable for any month in
which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee
share of the premium, the employee must make up the
difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this payment
rests with the employee. If payment is not made, the
employee shall be dropped from the health plan. An
employee is thus covered by the health plan for the
month in which compensation is paid.
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19.5 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.
19.6 Retirement Coverage. Upon retirement,
employees may remain in the same County group
medical plan if immediately before their retirement
they are either 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.
92
19.7 Dual Coverage. If a husband and wife both
work for the County and one of them is laid off, the
remaining eligible shall be allowed to enroll or transfer
into the health coverage combination of his/her
choice.
An eligible employee who is no longer covered for
medical or dental coverage through a spouse's
coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within
thirty (30) days of the date coverage is no longer
afforded under the spouse's plan.
SECTION 20 - PROBATIONARY PERIOD
20.1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a probationary period.
This period shall be from six (6) months to two (2)
years duration.
20.2 Classes With Probation Periods Over Six
Months. Listed below are those classes represented by
the Union which have probation periods in excess of
six (6) months: None.
20.3 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
20.4 Criteria. The probationary period shall
commence from the date of appointment. It shall not
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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.
20.5 Reiection Durinq 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 re'ec� tion. 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
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exist under Subsection A and must be filed
through the Director of Personnel to the Merit
Board by 5:00 p.m. on the seventh (7th) calendar
day after the date of delivery to the employee of
notice of rejection.
C. The Merit Board shall consider the appeal, and if
it finds probable cause to believe that the
rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter
to a Hearing Officer for hearing, recommended
findings of fact, conclusions of law and decision,
pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing,
the Merit Board upholds the appeal, it shall direct
that the appellant be reinstated in the position
and the appellant shall begin a new probationary
period unless the Merit Board specifically
reinstates the former period.
20.6 . Regular Appointment. The regular
appointment of a probationary employee shall begin
on the day following the end of the probationary
period, subject to the condition that the Director of
Personnel 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
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without regard to the Skelly provisions of this MOU,
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 cer-
tifying 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 MOU, 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
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certified by the Personnel Director whose decision is
final. The Director of Personnel shall not certify the
name of a person restored to the eligible list to the
same appointing authority by whom the person was
rejected from the same eligible list, unless such
certification is requested in writing by the appointing
authority.
20.7 Layoff During Probation. An employee who
is laid off during probation, if reemployed in the same
class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full
probationary period. An employee appointed to a
permanent position from a layoff or reemployment list
is subject to a probation period if the position is in a
department other than the department from which the
employee separated, displaced, or voluntarily demoted
in lieu of layoff. An appointment from a layoff or
reemployment list is not subject to a probation period
if the position is in the department from which the
employee separated, displaced or voluntarily demoted
in lieu of layoff.
20.8 Rejection During Probation of Layoff
Employee. An employee who has achieved permanent
status in the class before layoff and who subsequently
is appointed from the layoff list and then rejected
during the probation period shall be automatically
restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility.
The employee shall begin a new probation period if
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subsequently certified and appointed in a different
department or classification than that from which the
employee was laid off.
SECTION 21 - PROMOTION
21 . 1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in
this MOU.
21 .2 Promotion Policy. The Director of Personnel,
upon request of an appointing authority, shall
determine whether an examination is to be called on
a promotional basis.
21 .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.
21 .4 Promotion via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her
position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must
show that the duties and responsibilities have
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significantly increased and constitute a higher
level of work.
b. The incumbent of the position must have
performed at the higher level for one (1 ) year.
c. The incumbent must meet the minimum
education and experience requirements for the
higher class.
d. The action must have approval of the Personnel
Director.
e. The Union approves such action.
The appropriate rules regarding probationary status
and salary on promotion are applicable.
21 .5 Requirements for Promotional Standing. In
order to qualify for an examination called on a
promotional basis, an employee must have
probationary or permanent status in the merit system
and must possess the minimum qualifications for the
class. Applicants will be admitted to promotional
examinations only if the requirements are met on or
before the final filing date. If an employee who is
qualified on a promotional employment list is
separated from the merit system, except by layoff, the
employee's name shall be removed from the promo-
tional list.
21 .6 Seniority Credits. Employees who have
qualified to take promotional examinations and who
have earned a total score, not including seniority
_ gg _
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 deter-
mined. No employee, however, shall receive more than
a total of five (5) per cent credit for seniority in any
promotional examination.
21 .7 Physical Examination. 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 22 - TRANSFER
22.1 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;
- ioo -
c. the appointing authority or authorities involved in
the transaction shall have indicated their
agreement in writing;
d. the employee concerned shall have indicated
agreement to the change in writing;
e. the Director of Personnel shall have approved the
change.
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment
procedure provided that the individual desiring
transfer has eligibility on a list for a class for which
appointment is being considered.
22.2 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.
22.3 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 ini-
tiative in accomplishing the transfer.
22.4 Miscellaneous Assignments.
A. Vacancies which do not involve the supervision of
Social Casework Specialists, or are not covered by
Section 38.G, shall be open for bid to all
employees covered by this agreement in
accordance with provisions of Section 35 .
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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.
SECTION 23 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to
the Personnel Department by the appointing authority
immediately on receipt, and shall indicate the effective
date of termination. Oral resignation shall be
immediately confirmed by the appointing authority in
writing to the employee and to the Personnel
Department and shall indicate the effective date of
termination.
23.1 Resignation in Good Standing. A resignation
giving the appointing authority written notice at least
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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.
23.2 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.
23.3 Effective Resignation. A resignation is
effective when delivered or spoken to the appointing
authority, operative either on that date or another date
specified.
23.4 Revocation. A resignation that is effective is
revocable only by written 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.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
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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 acknowledgment 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
grievance procedure contained in Section 24 of
the MOU 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.
- 1os -
SECTION 24 - DISMISSAL. SUSPENSION & DEMOTION
24.1 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:
a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
c. conduct tending to bring the merit system into
disrepute,
d. disorderly conduct,
e. incompetence or inefficiency,
f. insubordination,
g. 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,
h. neglect of duty, i.e. non-performance of assigned
responsibilities,
i. negligent or willful damage to public property or
waste of public supplies or equipment,
106 -
j. violation of any lawful or reasonable regulation or
order given by a supervisor or Department Head,
k. willful violation of any of the provisions of the
merit system ordinance or Personnel Management
Regulations,
I. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
m. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this MOU,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or
tardiness,
q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the
purpose or effect of affecting employment
decisions concerning an individual, or
unreasonably interfering with an individual's work
performance, or creating an intimidating and
hostile working environment.
24.2 Skelly Requirements. Notice of Proposed
Action (Skelly Notice). Before taking a disciplinary
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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, either personally or
by certified mail, on the employee, a Notice of
Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or
omissions and grounds upon which the action is
based.
c. If it is claimed that the employee has violated a
rule or regulation of the County, department or
district, a copy of said rule shall be included with
the notice.
d. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
Employee Response. The employee upon whom a
Notice of Proposed Action has been served shall have
seven (7) calendar days to respond to the appointing
authority either orally or in writing before the
proposed action may be taken. Upon request of the
employee and for good cause, the appointing authority
may extend in writing the period to respond. If the
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employee's response is not filed within seven (7) days
or any extension, the right to respond is lost.
24.3 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the
first seven (7) days, the appointing authority for cause
specified in writing may place the employee on
temporary leave of absence, with pay.
24.4 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered by
an arbitrator, an adjustment board or the Merit Board.
24.5 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.
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C. Employee Appeals from Order. The employee may
appeal an order of dismissal, suspension, or
demotion either to the Merit Board or through the
procedures of Section 25 - Grievance Procedure of
this MOU provided that such appeal is filed in
writing with the Personnel Director within ten (10)
calendar days after service of said order. An
employee may not both appeal to the Merit Board
and file a grievance under Section 25 of this MOU.
SECTION 25 - GRIEVANCE PROCEDURE
25.1 Definition and Procedural Steps. A grievance
is any dispute which involves the interpretation or
application of any provision of this MOU excluding,
however, those provisions of this MOU 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 stage 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
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her
detriment shall discuss the complaint with the
grievant's immediate supervisor, who shall meet
with the grievant within five (5) days of receipt of
a written request to hold such meeting.
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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 MOU
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 MOU,
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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. 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 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
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(30) work days from the date of final submission
of the grievance including receipt of the court
reporter's transcript and post-hearing briefs, if
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.
25.2 Scope of Adjustment and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators
on matters properly before them shall be final
and binding on the parties hereto, to the extent
permitted by law.
B. No adjustment Board and no arbitrator shall
entertain, hear, decide or make recommendations
on any dispute unless such dispute involves a
position in a unit represented by the Union which
has been certified as the recognized employee
organization for such unit and unless such
dispute falls within the definition of a grievance
as set forth in Subsection 25 . 1 above.
C. Proposals to add to or change this MOU or to
change written agreements supplementary he
shall not be arbitrable and no proposal to modify,
amend, or terminate this MOU, 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
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any arbitrator shall have the power to amend or
modify this MOU or written agreements
supplementary hereto or to establish any new
terms or conditions of employment.
D. If the Personnel Director in pursuance of the
procedures outlined in Subsection 25 . 1 .0 above,
or the Adjustment Board in pursuance of the
provisions of Subsection 25. 1 .D above resolve a
grievance which involves suspension or discharge,
they may agree to payment for lost time or to
reinstatement with or without payment for lost
time.
E. No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Boards or arbitration proceedings hereunder) will
be recognized unless agreed to by the County
and the Union or Association.
25.3 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 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.
25.4 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
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provisions of this MOU 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 MOU which results from such
meeting and conferring process is next opened for
such discussion. No adjustment shall be retroactive for
more than two (2) years from the date upon which the
complaint was filed.
No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Board or arbitration proceedings hereunder) will be
recognized unless agreed to by the County and the
Union.
25.5 Strike/Work Stoppage. During the term of
this MOU, 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.
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25.6 Merit Board.
A. All grievances of employees in representation
units represented by the Union shall be processed
under Section 25 unless the employee elects to
apply to the Merit Board on matters within its
jurisdiction.
B. No action under paragraph C, D and E of
subsection 25. 1 above shall be taken if action on
the complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is
pending before the Merit Board.
25.7 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 MOU.
25.8 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.
SECTION 26 - 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
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for which bilingual proficiency is required is the sole
prerogative of the County.
SECTION 27 - RETIREMENT CONTRIBUTION
27.1 Contribution. Pursuant to Government Code
Section 31581 . 1 , the County will continue to pay fifty
(50) percent of the retirement contributions normally
required of employees. Such payments shall continue
for the duration of this MOU, 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.
27.2 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 11 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.
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SECTION 28 - 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 reim-
bursing employees covered by this agreement for the
cost of tuition, fees, books, and other employee
expenses incurred in the pursuit of work related edu-
cation, continuing education, or work related graduate
degree. Said fund shall replace the career 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 52 .4.
SECTION 29 - MILEAGE
29.1 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
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the month following announcement of the changed
rate by the Internal Revenue Service, whichever is later.
29.2 Regulations. The County Administrator shall
promulgate regulations covering these matters and
the submission of account claims to the Auditor-
Controller.
SECTION 30 - 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 31 - 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.
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SECTION 32 - 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.
SECTION 33 - PERSONNEL FILES
A Department shall maintain only one official
personnel file.
33.1 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. -
33.2 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.
33.3 Removal and Release of Material. Pre-
employment reference material shall be removed from
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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.
33.4 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.
A. 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.
B. A counseling memo placed in an employee's
departmental personnel file which - is not
referenced in the employee's subsequent
performance evaluation shall be removed from
the employee's departmental personnel file upon
the written request of the employee. If an
employee is not evaluated when an annual
performance is due, the employee may request
through the Department Personnel Officer that a
performance evaluation be completed. If an
employee has not had a performance evaluation
within eighteen months subsequent to a
counselling memo being placed in the employee's
department personnel file, the counselling memo
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shall be removed from the employee's personnel
file, provided that there has not been a
subsequent counseling memo on the same
subject in that period of time.
C. Upon written request of the employee, copies of
letters of reprimand or warning shall be sent to
the Union.
33.5 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 34 - 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.
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The employee's supervisor shall prepare written
documentation of such counselling and provide a copy
of the documentation to the employee.
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 35 - PERFORMANCE EVALUATION
35.1 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.
35,2 Probationary Period. During the probationary
period, the performance evaluation is used as the last
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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.
35.3 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.
35.4 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 iUthe 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.
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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.
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.
35.5 Discussion With Employee. 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.
35.6 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.
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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.
35.7 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 copy of 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
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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 36 - 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:
a. 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.
b. All Committee members will receive training on a)
I ccident/injury reporting procedures, b)
accident/injury investigation and prevention, c)
safety awareness, and d) procedures by which
safety concerns are handled.
127 -
a
c. 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 37 - FLEXIBLE STAFFING
37.1 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 pro-
moted 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.
37.2 Continuous Testinq 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
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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 question-
naire 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 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
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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 38 - 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
-
130 -
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.
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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 35.2 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
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senior persons in the class will be considered for
reassignment, unless the bid is limited to a
specific Division in accordance with #2 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 25 herein.
SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses
under the following circumstances and in the amount
specified:
a. When the employee is required by his/her
Department Head to attend a meeting concerning
County business or County affairs.
b. 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.
c. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a board or commission.
d. When the employee is required to incur expenses
as host for official guests of the County, work as
members of examining boards, official visitors,
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and speakers or honored guests at banquets or
other official functions.
e. 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 40 - PERSONAL PROPERTY
REIMBURSEMENT
The loss or damage to personal property of employees
is subject to reimbursement under the following
conditions:
a. 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.
b. Ordinary wear and tear of personal property used
on the job is not compensated.
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c. Employee tools or equipment provided without
the express approval of the department head and
automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the
line of duty.
e. The loss or damage was not a result of negligence
or lack of proper care by the employee.
f. The personal property was necessarily worn or
carried by the employee in order to adequately
fulfill the duties and requirements of the job.
g. 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.
h. 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.
i. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to Personal
Pro pe rty.
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SECTION 41 - LENGTH OF SERVICE DEFINITION (for
service awards and vacation accruals)
The length of service credits of each employee of the
County shall date from the beginning of the last period
of continuous County employment (including
temporary, provisional, and permanent status, and
absences on approved leave of absence). When an
employee separates from a permanent position in
good standing and within two years is reemployed in
a permanent County position, 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 42 - 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.
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I . 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.
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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.
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 43 - 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.
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138 -
SECTION 44 - P-I EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for
prorated vacation and sick leave benefits.
SECTION 45 - P-I 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 46 - 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.
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SECTION 47 - 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 48 - MODIFICATION & DECERTIFICATION
For the duration of this MOU the following
amendments to Board Resolution 81 /1 165 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
organization(s) 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
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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 MOU 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 MOU 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 MOU in effect.
SECTION 49 - UNFAIR LABOR PRACTICE
49.1 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.
49.2 Unfair Labor Practice - County. It is an unfair
labor practice for the County to:
a. Interfere with, restrain or coerce employees in the
exercise of the rights recognized or granted in
this division;
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b. dominate or interfere with the formation of any
employee organization or interfere with selection
of a majority representative;
c. contribute financial support to any employee
organization; or
d. refuse to meet and confer in good faith (with
representatives of formally organized employee
organizations on matters within the scope of
representation), or to refuse to consult with
informally recognized employee organizations on
matters within the scope of representation.
49.3 Unfair Labor Practice - Union. It is an unfair
labor practice for the Union or their representatives or
members to:
a. Interfere with, restrain or coerce employees in the
exercise of the rights recognized or granted in
this division;
b. coerce, attempt to coerce or discipline any
member of an organization so as to hinder or
impede the performance of his/her duties;
c. discriminate against any employee with regard to
the terms or conditions of membership because
of race, color, creed, sex or national origin;
d. refuse to consult, or meet and confer in good
faith, with management representatives on
matters within the scope of representation; or
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e. 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 50 - 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 MOU.
B. Dependent Care Salary Contribution. Effective the
first pay period in August 1988, 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.
SECTION 51 .- SPECIAL STUDIES/OTHER ACTIONS
The Social Service Department and representatives
from SEW Local 535 Service Line Supervisors will form
a Task Force consisting of four (4) representatives
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Social Services First Line Supervisors represented by
Social Services Union, Local 535 are eligible to receive
the following benefits:
a. 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.
b. 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.
c. 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.
d. 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
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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).
e. 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.
f. Deferred Compensation Incentive. Effective May
11 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 Qualifying Monthly Base Contribution
Monthly Base Contr. Amount for Maintaining
Salary Amount 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
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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
either an approved medical leave or approved
financial hardship withdrawal, shall not be
required to reestablish eligibility. Further,
employees who lose eligibility due to budgetary
constraints but maintain contributions at the
required level and later return to an eligible
position 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 53 - ADOPTION
The provisions of this MOU 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
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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 54 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISION
54.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU 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 MOU demand any change herein,
provided that nothing herein shall prohibit the parties
from changing the terms of this MOU by mutual
agreement.
54.2 Separability of Provisions. Should any
section, clause or provision of this MOU 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 MOU.
54.3 Personnel Management Regulations. Where
a specific provision contained in a section of this MOU
conflicts with a specific provision contained in a
section of the Personnel Management Regulations, the
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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 MOU, and will endeavor to complete its
recommendations by the end of September 1992.
51 .1 Double Medical Coverage. The County will
survey all permanent employees prior to ,July 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 another benefit. The
data gathered shall be shared with the Medical
Oversight Committee.
51 .2 Attendance Program. There shall be convened
a Labor-Management Committee to develop an
attendance program for County employees.
51 .3 Deferred Retirement. 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 ,July 1 , 1995 , the Committee shall
recommend such program upon which it has reached
mutual agreement for adoption by the parties.
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SECTION 52 - SPECIAL BENEFITS
Social Services First Line Supervisors represented by
Social Services Union, Local 535 are eligible to receive
the following benefits:
a. 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.
b. 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.
c. 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.
d. Professional Development. A Professional
Development Reimbursement Plan will be
provided to include reimbursement of up to $ 150
per fiscal year for memberships in professional
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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).
e. 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.
f. 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 Qualifying Monthly Base Contribution
Monthly Base Contr. Amount for Maintaining
Salary Amount 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
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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
either an approved medical leave or approved
financial hardship withdrawal, shall not be
required to reestablish eligibility. Further,
employees who lose eligibility due to budgetary
constraints but maintain contributions at the
required level and later return to an eligible
position 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 53 - ADOPTION
The provisions of this MOU shall be made applicable
on the dates indicated and upon approval by the Board
of Supervisors. Resolutions and Ordinances, where
-
147 -
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 54 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISION
54. 1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU 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 MOU demand any change herein,
provided that nothing herein shall prohibit the parties
from changing the terms of this MOU by mutual
agreement.
54.2 Separability of Provisions. Should any
section, clause or provision of this MOU 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 MOU.
54.3 Personnel Management Regulations. Where
a specific provision contained in a section of this MOU
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ATTACH M E NTS
A - CLASS & SALARY LISTING
B - SUPPLEMENTAL PAY EQUITY AGREEMENT
C - WAGES & HEALTH PLAN ADJUSTMENTS AGREEMENT
ATTACHMENT A
SOCIAL SERVICES UNION, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
SALARIES - JANUARY 1 , 1995
CLASS LEVEL SALARY RANGE
SS EMPL. PROG. COORD. C5-2009 $3386 - 4115
SS PREHRNG. REV. SPEC. C5-2022 $3430 - 4169
SOCIAL WORK SUPVR. I C5-2009 $3386 - 4115
SOCIAL WORK SUPVR. I - PRJ. C5-2009 $3386 - 4115
SOCIAL WORK SUPVR. II C5-2125 $3802 - 4621
VOC. ASSESS. SUPVR. C5-2012 $3396 - 4128
ATTACHMENT B
AMLENDANENT TO THE FEBRUARY 1993
'.SUPPLEMENTAL.. MEMQnAl+ NUM OF UNDERSTANDING
ONLAY EQU17Y
This anwidhxW dvs rW alter any, wovbalcn of thv Febmary 199 '
Su,�p ri►enta!Ad aratrt�durrt of Utrd riding and b Intended only
i+n p vide necessary aut`hvr; OV00 for ditWr5&n7 # of pay equdY
Mcfes ss effev&v Judy 11 199
The County and SEI`U Local 535 (Supervisory) have agre" that those
employees who are represented by Local 535 and who are below the
tread line shall be granted up to a 5 levet (112°0) Increase effective:
July 1, 1994. This increase shall be in addition to the July 11 1994 10
level (1%) increase derived from health plan savings.
The parties further agree that after the total amount of the January 1,
1995 increaser derived from health plan savings has been determined,
addMonal menet and confer sessions can be scheduled regarding the
amount and method of distribution of any pay equity Increases In the
second year of the 1993-95 contract.
This amendment shall be presented for adoption to the Contra Costa
County Board of 5uparvisers at they joint recommendation of the
undersigned.
Dated* '
For the County: Faythh Union:
ATTACHMENT C
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(1.00450%).
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
QuaWod Health Plan for those eligible to a salary increase as provided hercin and which is
above the cost of tic 20 level salary incrtase shall be addod to the 1%salary increase
cffecdw January 1, 1995.7he California Nurses Association,IAFF Local 1230,and the
Union of American Physicians and Dentists are exludcd Ecom these wage increases and
subvcntion calculations.The savings shall be computed on a per cap basis as follows:
a. The County's"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 I, 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 221/94:
CCHP =County share 98%
QualMed/Kaiser HMO'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 Conays
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 in 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 116/94 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 Coalitio
conflicts with a specific provision contained in a
section of the Personnel Management Regulations, the
provision of this MOU shall prevail. It is recognized,
however, that certain provisions of the Personnel
Management Regulations may be supplementary to the
provisions of this MOU and as such remain in full force
and effect.
Date: 1- 2-0 - 474
CONTRA COSTA COUNTY SEW LOCAL 535
SUPERVISORS UNIT
L) Iul k .lb'OML
&VQ J n05
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149 -