HomeMy WebLinkAboutMINUTES - 09121995 - C74 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 12, 1995 by the following
vote:
c
AYES: SUPERVISORS SMITH, DeSAULNIER, TORLAKSON and BISHOP
NOES: NONE
ABSENT: SUPERVISOR ROGERS
ABSTAIN: NONE
SUBJECT:
Approval of Memorandum of Understanding )
with California Nurses Association ) Res. No. 95/_407
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On November 8, 1994 the Employee Relations Manager submitted a Letter
of Understanding dated November 4, 1994 which reflected all negotiated
agreements reached between the parties on terms and conditions of
employment affecting employees represented by the California Nurses
Association.
2. The Memorandum of Understanding with the California Nurses Association
incorporating the agreed-upon terms and conditions mentioned above, is
attached.
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 January 1 , 1994.
I hereb•certify that this is a true and correct copyof
an action tak and entered on the minutes of the
Board of Sup Isors ov the date shown.
ATTESTED:
PHIL A HELOR Clerk of the Board
of Supervisors aqd dc;unty Administrator
By OePub
ro
Orig. Dept.: Personnel(Contact Rich Heyne @ 646-4146)
cc: Labor Relations Unit
Auditor-Controller
Health Services Department
California Nurses Association
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CALIFORNIA NURSES ASSOCIATION
JANUARY 1 , 1994 - DECEMBER 31 , 1995
r y
CALIFORNIA NURSES ASSOCIATION
TABLE OF CONTENTS
ASSOCIATION RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.3 Communicating With Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.4 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.5 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.6 Written Statement for New Employees . . . . . . . . . . . . . . . . . . . . . . . . 7
2.7 Assignment of Classes to Bargaining Units . . . . . . . . . . . . . . . . . . . . 7
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SECTION 4 NURSE REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4.2 Association Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.3 Release Time for Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.2 Longevity Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.3 Pay Equity Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.4 Shift Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 12
5.5 Deep Class Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.6 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.7 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.8 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.9 Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.10 Compensation for Portion of Month . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.11 Position Reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.12 Salary Reallocation & Salary on Reallocation . . . . . . . . . . . . . . . . . . 15
5.13 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5.14 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5.15 Salary on Voluntary Demotion . . . . . 16
5.16 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5.17 Pay for Work in Higher Classification . . . . . . . . . . . . . . . . . . . . . . . . 17
5.18 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5.19 Nursing Certification Test Fee Reimbursement . . . . . . . . . . . . . . . . 18
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SECTION 6 DAYS & HOURS OF WORK
6.1 Work Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
6.2 Four Week Schedules/Weekend Schedules . . . . . . . . . . . . . . . . . . 19
6.3 Time Changes: PST/DST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
6.4 Low Census . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
7.3 Continuous Shifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 8 CALL BACK TIME
8.1 Call Back Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8.2 Operating Room Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 10 SHIFT DIFFERENTIALS
10.1 Shift Differentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
10.2 Weekend Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . 23
10.3 Differentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
SECTION 11 SENIORITY,WORKFORCE REDUCTION. LAYOFF & REASSIGNMENT
11.1 Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
11.2 Separation Through Layoff . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 25
11.3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
11.4 Special Employment Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
11.5 Reassignment of Laid Off Employees . . . . . . . . . . . . . . . . . . . . . . . . 29
11.6 Further Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
12.2 Application of Holiday Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
12.3 Holiday Credit for Part-Time Employees . . . . . . . . . . . . . . . . . . . . . 30
12.4 4/10 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
12.5 Accrual of Holiday Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
12.8 Permanent-Intermittent Holiday Pay . . . . . . . . . . . . . : . . . . . . . . . . . 32
SECTION 13 VACATION 1
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
13.3 Vacation Accrual During Leave Without Pay . . . . . . . . . . . . . . . . . . 32
13.4 Professional Sabbatical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
13.5 Vacation Allowance for Separated Employees . . . . . . . . . . . . . . . . . 33
13.6 Permanent Part Time & Intermittent Employees . . . . . . . . . . . . . . . . 33
13.8 Vacation Leave on Reemployment from Layoff List . . . . . . . . . . . . . 33
13.9 Policy for FNPs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 34
14.2 Credits to & Charges Against Sick Leave . . . . . . . . . . . . . . . . . . . . . 34
14.3 Policies Governing the Use of Paid Sick Leave . . . . . . . . . . . . . . . . 35
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
14.6 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
14.7 Labor-Management Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
14.8 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . 42
14.9 State Disability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
15.2 Operation . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
16.2 General Administration . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
16.3 Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
16.4 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
16.5 Family Care or Medical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
16.6 Medical Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49,
16.7 Intermittent Use of Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
16.8 Aggregate Use for Spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
16.9 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 49
16.10 Pregnancy Disability Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
16.11 Group Health Plan Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
16.12 Leave Without Pay - Use of Accruals . . . . . . . . . . . . . . . . . . . . . . . . 51
16.13 Leave of Absence Replacement& Reinstatement . . . . . . . . . . . . . . 52
16.14 Reinstatement From Family Care or Medical Leave . . . . . . . . . . . . . 52
16.15 Salary Review While on Leave of Absence . . . . . . . . . . . . . . . . . . . 52
16.16 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
16.17 Non-Exclusivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
SECTION 17 JURY DUTY AND WITNESS DUTY
17.1 Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
17.2 Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
SECTION 18 HEALTH AND WELFARE, LIFE & DENTAL CARE
18.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
18.2 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
18.3 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
18.4 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
18.5 Coverage During Absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
18.6 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
18.7 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
SECTION 19 PROBATIONARY PERIOD
19.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
19.5 Rejection During Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
19.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
19.7 Layoff During Probation . . . . . . . . . . . . . 58
19.8 Rejection During Probation of Layoff Employee . . . . . . . . . . . . . . . . 58
SECTION 20 PROMOTION
20.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
20.3 Promotion Via Reclassification Without Examination . . . . . . . . . . . . 59
20.4 Requirements for Promotional Standing . . . . . . . . . . . . . . . . . .. . . . . 59
20.5 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
SECTION 21 TRANSFER
21.3 Bid Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
22.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 62
22.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
22.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
22.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
22.6 Eligibility for Reemployment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
SECTION 23 DISMISSAL, SUSPENSION, REDUCTION IN PAY AND DEMOTION
23.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
23.3 Leave Pending Employee Response . *. . . . . . . . . . . . . . . . . . . . . . . 65
23.4 Suspensions Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
23.5 Procedure on Disciplinary Actions . . . . . . . . . . . . . . . . . . . . . . . . . . 66
SECTION 24 GRIEVANCE PROCEDURE
24.2 Scope of Adjustment Boards &Arbitration Decisions . . . . . . . . . . . . 68
24.5 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
24.7 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
SECTION 25 BILINGUAL PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
SECTION 26 RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
SECTION 27 TRAINING REIMBURSEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
SECTION 28 EDUCATION LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
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SECTION 29 CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SECTION 30 SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
SECTION 31 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
SECTION 32 PAY WARRANT ERRORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 72
SECTION 33 DETENTION FACILITY DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . 72
SECTION 34 CRITICAL CARE UNIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
SECTION 35 JOINT ASSOCIATION/MANAGEMENT MEETING . . . . . . . . . . . . . 73
SECTION 36 PROFESSIONAL PERFORMANCE COMMITTEES . . . . . . . . . . . . . 73
SECTION 37 NOTICE OF HIRES & SEPARATIONS . . . . . . . . . . . . . . . . . . . . . . . 75
SECTION 38 PROVISIONAL APPOINTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
SECTION 39 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
SECTION 40 REIMBURSEMENT FOR MEAL EXPENSES . . . . . . . . . . . . . . . . . . 76
SECTION 41 COMPENSATION FOR LOSS/DAMAGE TO PERSONAL
PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
SECTION 42 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
SECTION 43 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
SECTION 44 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . . . . . . . . . . . 77
SECTION 45 PERMANENT PART-TIME-EMPLOYEE BENEFITS . . . . . . . . . . . . 78
SECTION 46 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS . . . . . . . . . 78
SECTION 47 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN . . . . . 78
SECTION 48 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . . . . . . 78
SECTION 49 LUNCH PERIOD/REST BREAK . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
SECTION 50 CASE MANAGEMENT TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
SECTION 51 HEALTH EXAMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
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SECTION 52 FLOATING COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
SECTION 53 LEAVE DENIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
SECTION 54 STAT-CALL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
-SECTION 55 SPECIAL STUDIES . . . . . 81
SECTION 56 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
SECTION 57 SCOPE OF AGREEMENT 8 SEPARABILITY OF PROVISIONS
57.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
57.2 Separability of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
57.3 Personnel Management Regulations . . . . . . . . . . . . . . . . . . . . . . . . 82
57.4 Duration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
ATTACHMENTS
SUBJECT INDEX
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CALIFORNIA NURSES ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the
authority contained in Board of Supervisors Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Manager (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in
Board of Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees of said
representation unit, and 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 of such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors
as the joint recommendation of the undersigned for salary and employee benefit
adjustments for the period beginning January 1 , 1994 and ending December 31 ,
1995.
DEFINITIONS:
Aaaointing Authority: Department Head unless otherwise provided by statute
or ordinance.
Association: California Nurses Association.
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.
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.
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.
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Reallocation: The act of reassigning an individual position from one class to
another class at the same range of the salary schedule or to a class which is
allocated to another range that is within five percent (5%) of the top step, except
as otherwise provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it
to a higher class or reducing it to a lower class on the basis of significant
changes in the kind, difficulty or responsibility of duties performed in such
position.
Reemployment List: A list of persons, who have occupied positions allocated
to any class in the merit system and, who have voluntarily separated and are
qualified for consideration for reappointment under the Personnel Management
Regulations governing reemployment.
Resignation: The voluntary termination of permanent employment with the
County.
Temporary Employment: Any employment which will require the services of an
incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
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 (59Q at top step as the class previously occupied by the employee.
SECTION 1 - ASSOCIATION RECOGNITION
California Nurses Association is the formally recognized employee organization
for the Registered Nurses Unit and such organization has been certified as such
pursuant to Chapter 34-12 of Resolution 81/1165.
SECTION 2- ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1 165 only
a majority representative may have dues deduction and as such the Association
has the exclusive privilege of dues deduction for all members in its units.
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f
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and
non-discriminatory representation to all employees in all classes in the
units for which this section is applicable regardless of whether they are
members of the Association.
B. All employees employed in the representation unit on or after the effective
date of this MOU shall, effective as provided in Subsection I and
continuing until the termination of the MOU, either:
1 . Become and remain a.member of the Association or;
2. pay to the Association, an agency shop fee in an amount which does
not exceed an amount which may be lawfully collected under
applicable constitutional, statutory, and case law, which under no
circumstances shall exceed the monthly dues, initiation fees and
general assessments made during the duration of this MOU. It shall
be the sole responsibility of the Association to determine an agency
shop fee which meets the above criteria; or
3. do both of the following:
a. Execute a written declaration that the employee is a member
of a bona fide religion, body or sect which has historically
held a conscientious objection to joining or financially
supporting any public employee organization as a.condition
of employment, and
b. pay a sum equal to the agency shop fee described in Section
2.2.13.2 to a non-religious, non-labor, charitable fund chosen
by the employee from the following charities: Family and
Children's Trust Fund, Child Abuse Prevention Council and
Battered Women's Alternative.
C. The Association shall provide the County with a copy of the Association's
Hudson Procedure for the determination and protest of its agency shop
fees. The Association shall provide a copy of said Hudson Procedure to
every fee payer covered by this MOU within one month from the date it is
approved and annually thereafter, and as a condition to any change in the
agency shop fee. Failure by an employee to invoke the Association's
Hudson Procedure within one month after actual notice of the Hudson
Procedure shall be a waiver by the employee of their right to contest the
amount of the agency shop fee.
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t t
D. The provisions of Section 2.2.B.2 shall not apply during periods that an
employee is separated from the representation unit but shall be reinstated .
upon the return of the employee to the representation unit. The term
separation includes transfer out of the unit, layoff, and leave of absence
with a duration of more than thirty (30) days.
E. Annually, the Association shall provide the Director of Personnel with
copies of the financial report which the Association annually files with the
California Public Employee Relations Board. Such report shall be available
to employees in the unit. Failure to file such a report within sixty (60) days
after the end of its fiscal year shall result in the termination of all agency
shop fee deductions without jeopardy to any employee, until said report
is filed, and upon mutual agreement, this time limit may be extended to
120 days.
F. Current Employees and New Employees.
1 . An employee employed in or hired into a job class represented by
the California Nurses Association shall be provided with an
Employee Authorization for Payroll Deduction form by the Personnel
Department.
2. If the form authorizing payroll deduction is not returned within
thirty (30) calendar days after notice of this agency shop fee
provision and the Association dues, agency shop fee, initiation fee
or charitable contribution required under Section 2.2.B.3 are not
received, the Association may, in writing, direct that the County
withhold the agency shop fee and the initiation fee from the
employee's salary, in which case the employee's monthly salary shall
be reduced by an amount equal to the agency shop fee and the
County shall pay an equal amount to the Association.
G. The Association shall indemnify, defend and save the County harmless
against any and all claims, demands, suits, orders, or judgments, or other
forms of liability that arise out of or by reason of this Agency Shop
Section, or action taken or not taken by the County under this Section.
This includes but is not limited to the County's attorney fees and costs.
H. The authorization of payroll deductions described in Subsection F shall
require the employee to agree to hold the County harmless from all
claims, demands, suits or other forms of liability that may arise against the
County for or on account of any deduction made from the wages of such
employee.
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I. The County Personnel Department shall furnish a complete and full list of
all employees represented by the Association as soon as feasible after the . .
execution of the new MOU and shall furnish a monthly list of all new hires
to the Association thereafter.
2.3 Communicating With Employees. The Association 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 Association, provided the communications displayed have to
do with matters within the scope of representation and further provided that the
employee organization appropriately posts and removes the information. The
department head reserves the right to remove objectionable materials after
notification to and discussion with the Association.
Representatives of the Association, not on County time, shall be permitted to
place a supply of employee literature at specific locations in County buildings if
arranged through the Employee Relations Officer; 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 Association 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 an Association
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with
County services.
2.4 Use of County Buildings. The Association shall be allowed the use of
areas normally used for meeting purposes for meetings of County employees
during non- work hours when:
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a. Such space is available and its use by the Association 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 Association shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.5 Advance Notice. The Association shall, except in cases of emergency, have
the right-to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions designated by the Board, and
to meet with the body considering the matter,
The listing of an item on a public agenda, or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery of
a copy of the proposal at least twenty-four (24) hours before the item will be
heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated
by the Board determines it must act immediately without such notice or meeting,
it shall give notice and opportunity to meet as soon as practical after its action.
2.6 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the Association, that the employee's
classification is represented by the Association, and the name of a representative
of the Association. The County will provide the employee with a packet of
information which has been supplied by the Association and approved by the
County.
2.7 Assignment of Classes to Bar-gaining Units. The County shall assign new
classes in accordance with the following procedure:
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a. Initial Determination. When a new class title is established, the Employee
Relations Manager shall review the composition of existing representation
units to determine the appropriateness of including some or all of the
employees in the new class in one or more existing representation units,
and within a reasonable period of time shall notify all recognized
employee organizations of his determination.
b. Final Determination. His determination is final unless within ten (10) days
after notification a recognized employee organization requests in writing
to meet and confer thereon.
C. Meet and Confer and Other Steps. He shall meet and confer with such
requesting organizations (and with other recognized employee
organizations where appropriate) to seek agreement on this matter within
sixty (60) days after the ten (10) day period in b. (above), unless otherwise
mutually agreed. Thereafter, the procedures in cases of agreement and
disagreement, arbitration referral and expenses, and criteria for
determination shall conform to those in Subsections D through I of Section
34-12.008 of Board of Supervisors Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sexual orientation or Association activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no
discrimination because of age. There shall be no discrimination against any
disabled person solely because of such disability unless that disability prevents
the person from meeting the minimum standards established for the position.
There shall be no discrimination because of Association membership or
legitimate Association activity against any employee or applicant for
employment by the County or anyone employed by the County.
SECTION 4- NURSE REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as nurse representatives
of the Association shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
a. If their attendance is required by. the County at a specific meeting;
b. if their attendance is sought by a hearing body or presentation of
testimony or other reasons;
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C. if their attendance is required for meetings scheduled at reasonable times
agreeable to all parties required for settlement of grievances filed
pursuant to Section 23 - Grievance Procedure of this Memorandum;
d. if they are designated as a nurse representative in which case they may
utilize a reasonable time at each level of the proceedings to assist an
employee to present a grievance, provided the meetings are scheduled at
reasonable times agreeable to all parties;
e. if they are designated as spokesperson or representative of the
Association and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions; provided
in each case advance arrangements for time away from the employee's
work station or assignment are made with the appropriate Department
Head, and the County agency calling the meeting is responsible for
determining that the attendance of the particular employee(s) is required.
4.2 Association Representative. Official representatives of the California
Nurses Association shall be allowed time off on County time for meetings during
regular working hours when formally meeting and conferring in good faith or
consulting with the Employee Relations Manager_ or other management
representatives on matters within the scope of representation, provided that the
number of such representatives shall not exceed two (2) without prior approval
of the Employee Relations Manager, and that advance arrangements for the time
away from the work station or assignment are made with the appropriate
Department Head.
4.3 Release Time for Training. The County shall provide the Association a
maximum of 240 total hours per year of release time for Association- designated
representatives to attend Association-sponsored training programs. Requests
for release time shall be provided in writing to the Department and County
Personnel at least fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request and notify the affected
employee whether such request is approved within one (1) week of receipt.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. 7/1/94: All classifications in the Unit shall receive a salary increase of 1%,
except that employees in the classes of Registered Nurse (VXWA) and
Registered Nurse-Project (VWX1) assigned on or after 7/1/94 to step 14
(top step Journey Level) of the 18 step extended salary range shall receive
an increase of 2% (20 levels).
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Registered Nurse Compensation (7/1/94):
Level Step Monthly Rate P.I. Hourly Rate*
Entry 6 3726 24.73
Experienced 10 4113 27.29
10 4216 27.97
12 4321 28.67
13 4329 29.38
14 4586 30.43
Advanced 17 4889 32.44
18 5012 33.25
*(Includes 15% differential)
Family Nurse Practitioner
Clinical Nurse Specialist - Ob/Gyn
Clinical Nurse Specialist - Oncology
Clinical Nurse Specialist - Psychiatric
Clinical Nurse Specialist - Psychiatric-Project (7/1 /94):
Step Monthly Rate
1 4723
2 4959
3 5207
4 5467
5 5740
Charge Nurse (7/1/94):
Step Monthly Rate
1 4773
2 5012
3 5262
B. Effective 11/1/94, the classes of Registered Nurse (VXWA) and Registered
Nurse-Project (VWX1) shall be reallocated from salary schedule/level T8
1897 ($3261 - $4962) to salary schedule/level XA 1907 ($3294 - $5012).
C. Effective 1/1 /95: All classifications in the Unit shall receive a salary
increase of 1 .6% (16 levels).
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Registered Nurse Compensation 0 /1 /95):
Level Step Monthly Rate P.I. Hourly Rate*
Entry 6 3786 25.12
Registered Nurse Compensation 0/1/95):
Experienced 10 4179 27.73
11 4284 28.43
12 4391 29.13
13 4501 29.87
14 4660 30.91
Advanced 17 4968 32.96
18 5092 33.79
*(Includes 15% differential)
Family Nurse Practitioner
Clinical Nurse Specialist - Ob/Gyn
Clinical Nurse Specialist - Oncology
Clinical Nurse Specialist - Psychiatric
Clinical Nurse Specialist - Psychiatric-Project 0/1/951:
Step Monthly Rate
1 4799
2 5039
3 5291
4 5555
5 5833
Charge Nurse (Effective 1/1/95):
Step Monthly Rate
1 4850
2 5093
3 5347
52 Longevity Pay. Effective July 1 , 1990 employees who have completed ten
(10) or more years of employment shall receive longevity pay in the amount of
two percent (2%) per month of base pay. Effective January 1 , 1992 employees
who have completed fifteen (15) or more years of employment shall receive
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additional longevity pay in the amount of two percent (2%) per month of base
pay for a total of 4%.
5.3 Pay Equity Study. Pay Equity recommendations which are approved by the
Board of Supervisors shall be implemented in such fashion that the County will
provide fifty cents in pay equity adjustments for each one dollar general wage
increase authorized for the classifications represented by the participating
unions collectively, provided that the total of pay equity adjustments in any
fiscal year shall not exceed twenty-five percent (25%) of the general payroll
increase.
Beginning on January 1 , 1994 and on January 1 of each subsequent year that pay
equity adjustments are to be paid, the parties shall meet and confer over the
method of disbursement of Pay Equity adjustments for that contract year. Those
adjustments shall be effective on January 1 of each year.
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 $5000 of the County's
attorney fees and costs; provided that the union is not named as a co-defendant
in such litigation.
5.4 Shift Relief. An Experienced Level Registered Nurse who at the County's
request relieves an Advanced Level Registered Nurse or Charge Nurse for a shift
shall receive an additional ten dollars ($10.00) per shift.
5.5 Deep Class Exception. The following provisions of this section shall apply
to all employees except as modified by deep class resolution.
5.6 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of position
to which the appointment is made. However, the appointing authority may fill
a particular position at a step above the minimum of the range.
5.7 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
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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 5.7.a above.
C. Transfer. Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position
has been reallocated or reclassified to a class allocated 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.
d. 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 successfully completes
the required probationary period.
e. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the
County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another governmental
entity to this County's merit system, is one (1) year from the first day of
the calendar month after the calendar month when the employee was
appointed or transferred; provided however, when the appointment or
transfer is effective on the employee's first regularly scheduled work day
of that month, his/her anniversary is one (1) year after the first calendar
day of that month.
5.8 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.7 to
determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance
by the employee. The appointing authority may recommend denial of the
increment or denial subject to one additional review at some specified date
before the next anniversary, such date to be set at the time the original report
is returned. This decision may be appealed through the Grievance Procedure.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range
increment be granted at one time, except as otherwise provided in deep class
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resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date. Nothing
herein shall be construed to make the granting of increments mandatory on the
County. If an operating department verifies in writing that an administrative or
clerical error was made in failing to submit the documents needed to advance
an employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible.
5.9 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.
If employment is periodic and irregular (permanent-intermittent), depending on
departmental requirements, payment for hours worked shall be made at the
hourly rate established for the step of the salary range at which a Registered
Nurse is appointed. The County shall determine the differential paid to
permanent-intermittent Registered Nurses, provided it is no less than fifteen
percent (15%) of the hourly rate.
5.10 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.
5.11 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic
salary schedule as is the class of the position before it was reclassified, shall be
paid at the same step of the range as the employee received under the previous
classification.
An incumbent of a position which is reclassified to a class which is allocated to
a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified to
a class which is allocated to a range of the basic salary schedule greater than the
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range of the class of the position before it was reclassified shall be governed by
the provisions of Section 5.13 - Salary on Promotion.
5.12 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.
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 5.12.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, or above or below
the salary range of the employee's previous class, the incumbent shall be
placed at the step in the new class which equals the rate of pay received
before reallocation. In the event that the steps in the range for the new
class do not contain the same rates as the range for the old class, the
incumbent shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does
not contain a higher step, the incumbent shall be placed at the step which
is next lower than the salary received in the old range.
D. in the event of reallocation to a deep class, the provisions of the deep
class resolution and incumbent salary allocations, if any, shall supersede
Section 5.12.
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5.13 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 5.16, 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. In the event of the promotion
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.
5.14 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5.16, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he/she has been
demoted next lower than the salary received before demotion. in the event this
decrease is less than five percent (5%), the employee's salary shall be adjusted
to the step in the new range which is five percent (5%) less than the next lower
step; provided, however, that the next step shall not be less than the minimum
salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she has
been demoted, all within-range increments having been granted.
5.15 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary range lower than that of the
class from which,he/she demotes, his or her salary shall remain the same if the
steps in his or her new (demoted) salary range permit, and if not, the new salary
shall be set at the step next below former salary.
5.16 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 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. If the transfer
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, r
is to a deep class, the provisions of the deep class resolution on salary of
transfers, if any, shall apply in lieu of the above provisions.
5.17 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 5.13 - Salary on
Promotion of this Memorandum, commencing on the eleventh (11 th) work day
of the assignment, (after eighty (80) hours for employees on schedules other
than eight (8) hours) 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 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. Employee 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 Memorandum.
e. The appropriate authorization form has been submitted by the
Department Head 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 differential and hazardous duty differential) accruing to the
employee in his/her permanent position shall continue.
I. 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.
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a ra as
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.
5.18 Payment. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each
employee (except those paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which case the Auditor shall, on
the twenty-fifth (25th) day of each month, draw his/her warrant upon the
Treasurer in favor of such employee.
The advance shall be in an amount' equal to one-third (1/3) or less, at the
employee's option, of the employee's basic salary of the previous month except
that it shall not exceed the amount of the previous month's basic salary less all
requested or required deductions. The election to receive an advance shall be
made on or before April 30 or October 31 of each year or during the first month
of employment by filing on forms prepared by the Auditor-Controller a notice of
election to receive a salary advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked. In the case
of an election made pursuant to this section all required or requested deductions
from salary shall be taken from the second installment, which is payable on the
tenth (10th) day of the following month.
5.19 Nursing Certification Test Fee Reimbursement. The County shall
reimburse employees for test fees involved in taking National Certification tests
upon presentation of certification.
SECTION 6- DAYS AND HOURS OF WORK
6.1 Work Week. The work week of County employees is forty (40) hours
normally between 12:01 a.m. Monday to 12:00 midnight Sunday, except in
certain segments of the Health Services Department where it is between 12:01
a.m. Sunday to 12:00 midnight Saturday, usually five (5) eight (8) hour days.
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 an employee's 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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The work week for employees in the 4/10 shift is four (4) ten (10) hour working
days during a work week consisting of any seven (7) day period.
6.2 Four Week Schedules/Weekend Schedules. For Registered Nurses
assigned to areas that have twenty-four hour staffing, a four week work schedule
will be published by Nursing Administration which provides that each Registered
Nurse shall have every other weekend off. Registered Nurses may exchange days
off within the four week cycle but no Registered Nurse shall become eligible for
overtime as the result of said exchange. Such exchange days off shall be subject
to the approval of the appropriate Nursing Program Manager.
Registered Nurses and Family Nurse Practitioners with 20 years of service with
the County shall, upon request, be granted every weekend off.
6.3 Time Changes: Pacific Standard Time/Daylight Savings Time. For those
nurses who work on the shift when day light savings time begins and ends each
year, their work hours will be adjusted for that shift to the number of work hours
they regularly work on that shift.
6.4 Low Census. In the event that there is a decrease in the hospital census
requiring adjusting levels of nurse staffing and/or there are insufficient nurses
who volunteer to use accruals or take time off without pay in order to reduce
staffing to the necessary level, the County and Association agree to meet and
confer upon request regarding formal low census provisions.
SECTION 7- OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty
hours per week or eight hours per day. Overtime for employees on other work
schedules such as on ten (10) hour or twelve (12) hour shifts is any work
performed beyond that work schedule or forty (40) hours per week. All overtime
shall be compensated for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay (not including shift and other special differentials).
Permanent part-time registered nurses shall be compensated at the straight time
rate for those hours worked over and above the regular work schedule but less
than eight (8) hours a day or forty hours per week. Overtime for permanent
employees is earned and credited in a maximum of one-tenth hour (6 minute)
increments and is compensated by either pay or compensatory time off.
Employees who work a double shift shall receive fifty-three dollars ($53.00)
7/1/93 and fifty-four dollars ($54.00) in addition to all other compensation for
each double shift worked. Registered Nurses who work from the beginning of
their regularly scheduled shift to the conclusion of the next scheduled shift will
be considered to have worked a double shift. If the second shift is not
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r ,
completed, the premium will be prorated. If the total hours worked, excluding
lunch breaks, exceed sixteen hours, additional prorated premium will be paid.
Employees entitled to overtime credit for holidays in positions which work
around the clock (such as the County Hospital, the Sheriffs Office, Jails,Juvenile
Hall and Boys' Ranch) shall be provided a choice as to whether they shall be paid
at the overtime rate or shall receive compensatory time off at the rate of one and
one half (1-112) hours compensatory time off for each hour worked. Such
compensatory time off, and the accumulation thereof shall be in addition to the
total vacation accumulation permitted under the terms of this MOU. The specific
provisions of this accumulation are set forth in Section 12.5 of this MOU.
Regular overtime for twenty-four .(24) hour institutional employees may be
accrued as compensatory time in accordance with Section 7.2 of.this MOU.
7.2 Compensatory Time. The following provisions shall apply:
a. Employees may periodically elect to accrue compensatory time off in lieu
of overtime pay. Eligible employees must notify their Department Head or
designee of their intention to accrue compensatory time off or to receive
overtime pay at least thirty (30) days in advance of the change.
b. The names of those employees electing to accrue compensatory time off
shall be placed on a list maintained by the Department. Employees who
become eligible (i.e., newly hired employees, employees promoting,
demoting, etc.) for compensatory time off in accordance with these
guidelines, must elect to accrue compensatory time or they will be paid for
authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half
(1-1/2) times the actual authorized overtime hours worked by the
employee.
d. Employees may not accrue a compensatory time off balance that exceeds
one hundred twenty (120) hours (i.e., eighty (80) hours at time and
one-half). Once the maximum balance has been attained, authorized
overtime hours will be paid at the overtime rate. If the employee's balance
falls below one hundred twenty (120) hours, the employee shall again
accrue compensatory time off for authorized overtime hours worked until
the employee's balance again reaches one hundred twenty (120) hours.
e. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in d. above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
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f. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or designee and the employee.
Compensatory time off shall not be taken when the employee should be
replaced by another employee who would be eligible to receive, for time
worked, either overtime payment or compensatory time accruals as
provided for in this Section. This provision may be waived at the discretion
of the Department Head or designee.
g.. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's
accrued compensatory time off balance will be carried forward with the
employee.
h. Compensatory time accrual balances will be paid off when an employee
moves from one department to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions and
salary of the class from which the employee is promoting, demoting or
transferring as set forth in L below.
L Since employees accrue compensatory time off at the rate of one and
one-half (1-112) hours for each hour of authorized overtime worked,
accrued compensatory time balances will be paid off at the straight time
rate (two- thirds (2/3) of the overtime rate) for the employee's current
salary whenever:
1 . the employee changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to another
department;
3. the employee separates from County service;
4. the employee retires.
j. The Office of the County Auditor-Controller will establish time-keeping
procedures to administer this Section.
7.3 Continuous Shifts. At the County's request, if an employee works two (2)
contiguous shifts (normally sixteen (16) continuous hours) which is outside the
employee's regular work schedule and the first eight (8) hours fall on one day
and the second eight (8) hours fall on the following day, the employee shall be
paid a differential of one-half 0/2) the employee's base salary rate in addition
to the employee's base salary rate for the second eight (8) hours. Additionally,
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such employees shall be provided a meal in the hospital cafeteria at no cost to
the employee.
SECTION 8 - CALL BACK TIME
8.1 Call Back Pay. Any employee who is called back to duty shall be paid at
the appropriate rate for the actual time worked plus one (1) hour. Such employee
called back shall be paid a minimum of two (2) hours at the appropriate rate of
each call back. This provision shall apply to employees who are not in on-call
status.
8.2 Operating Room Call Back. A Registered Nurse who is in on-call status
for the Operating Room and is called back to duty shall be paid for the actual
time so spent plus one hour, but not less than three (3) hours total for each call
back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that the employee's
superior can contact the employee on ten (10) minutes notice or less. An
employee assigned to on-call time shall be paid one (1) hour of straight time pay
for each four (4) hours on such on-call time.
However, Registered Nurses who are assigned to on-call for the Operating Room
or Post Anesthesia Recovery shall be paid one (1) hour of straight time pay for
each two (2) hours on such on-call time.
SECTION 10 - SHIFT DIFFERENTIAL
10.1 Shift Differentials.
A. Evening Shift. An employee who works an evening shift in which the
employee works four(4) or more hours between 5:00 p.m. and 11 :00 p.m.
shall receive a shift differential of twelve percent (12%) of the employee's
base pay.
Split shifts with more than 1-1/2 hours between the two portions of the
shift shall also qualify for the twelve percent (12%) hourly differential.
B. Night Shift. An employee who works a night shift in which the employee
works four (4) or more hours between 11 :00 p.m. and 8:00 a.m. shall
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receive a shift differential of fifteen percent (15%) of the employee's base
pay.
C. Special Provisions.
1 . An employee who works overtime shall receive shift differential in
addition to overtime compensation only when the overtime hours
independently satisfy the requirement for shift differential as stated
above. The shift differential shall be computed on the employee's
base salary.
2. 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.
3. Employees in the Registered Nursing Unit whose regular shift is
extended such that it ends twelve 0 2) consecutive hours or more
after its beginning shall receive shift differential paid at the
differential rate appropriate for those additional hours in excess of
eight (8). Effective July 1 , 1992 a Registered Nurse released from
duty at the request of Nursing Administration prior to the
completion of twelve (12) hours work will receive the appropriate
shift differential on those hours worked in excess of eight (8) hours.
4. When a shift employee works on a recognized holiday, the employee
'shall be entitled to holiday pay and shift differential to be computed
on the employee's base salary.
102 Weekend Differential. Effective January 1 , 1992 Registered Nurses shall
receive a weekend shift bonus of an increased $30.00 per shift for each weekend
shift worked which 1) falls on weekends for which the nurse is not scheduled to
work in their normal work schedule; 2) falls between the beginning of the night
shift on Friday and the end of the evening shift on Sunday; 3) is worked for the
full duration of the shift, and 4) is not the result of a trade. The Registered Nurse
is to note such qualifying shifts on his/her time sheets in order to receive this
compensation.
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10.3 'Differentials. Each full time, part-time and permanent-intermittent
Registered Nurse who is in a position assigned to one of the following
units/services, will receive a salary differential of $60 per month: Surgery,
Recovery, Labor and Delivery, Nursery, Postpartum, Intensive Care Unit,
Emergency Room, Medical Unit, Surgical Unit, Family Care, Mental Health Crisis
Unit, Geriatric Med-Psych, I-Psychiatry, J-Psychiatry, Martinez Detention, West
County Detention, and Juvenile Hall.
Registered Nurses assigned to the following units/services and Family Nurse
Practitioners are not eligible for this differential: Education and Training,
Specialty Clinic; Family Practice Clinic; Concord, Brentwood, Pittsburg and
Richmond Health Centers; East County, West County and Central County
Geriatric Clinics, Adult Mental Health Dual Diagnosis Program, George Miller-
West, Public Health Clinic staffing pool, Public Health Nursing pool and Home
Health Agency.
SECTION 11 - 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.
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:
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I . 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.
3. 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 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
I
ho 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
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being displaced first, and so on with senior displaced employees
displacing junior employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
2. A permanent full time employee may displace any intermittent or
part-time employee with less seniority 1) in the same class 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 displa-
cement purposes shall be determined by adding the employee's length of
service in the particular class in question to the employee's length of
service in other classes at the same or higher salary levels as determined
by the salary schedule in effect at the time of layoff. Employees
reallocated or transferred without examination from one class to another
class having a salary within five percent of the former class, shall carry
the seniority accrued in the former class into the new class. Employees
reallocated to a new deep class upon its 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 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,
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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
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.
1. Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(s) laid off, displaced or demoted by displacement or
voluntarily demoted in lieu of layoff or 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.
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J. Removal of Names from Reemployment & Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or
layoff list for any reason listed below:
1 . For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
2. On evidence that the eligible cannot be located by postal
authorities.
3. On receipt of a statement from the appointing authority or eligible
that the eligible declines certification or indicates no further desire
for appointment in the class.
4. If three offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
5. If the eligible fails to respond to the Director of Personnel or the
appointing authority within ten (10) days to written notice of cer-
tification mailed to the person's last known address.
6. 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.
7. 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 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 ficial 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
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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 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 flolidays, 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 Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate
as holidays.
B. Employees in positions which are designated as 24-hour positions shall
also celebrate:
September 9th known as Admission Day
Second Monday in October known as Columbus Day
February 12th known as Lincoln's Day
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Family Nurse Practitioner positions are designated as 24-hour positions.
C. Employees who only celebrate the holidays listed in 12.1 .A. above shall
accrue two (2) hours of personal holiday credit per month. Such personal
holiday time may be taken in increments of one (I.) hour, and preference
of personal holidays shall be given to employees according to their
seniority in-their department as reasonably as possible. No employee may
accrue more than forty (40) hours of personal holiday credit. On separation
from County service, an employee shall be paid for any unused personal
holiday credits at the employee's then current pay rate.
12.2 Application of Holiday Credit. The following provisions indicate how
holiday credit is to be applied:
a. Employees on the five (5) day forty (40) hour Monday through Friday work
schedule shall be entitled to a holiday whenever a holiday is observed
pursuant to the schedule cited above.
b. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule.
C., For all employees, if a work day falls on a scheduled holiday they shall
receive overtime pay or equivalent compensatory time credit (Holiday
Credit) for working the holiday, or if a holiday falls on the day off of an
employee, the employee shall be given straight time pay or equivalent
compensatory time credit.
The purpose of this plan is to equalize holidays between employees on regular
work schedules and those on other work schedules.
If any holiday listed in Section 12A .A. above falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in Section 12.1 .A. falls
on a Sunday, it shall be celebrated on the following Monday. For employees in
positions whose shifts include Saturday or Sunday as designated by the
appointing authority (rather than Monday through Friday eight (8) hours per day
or a designated 4/10) holidays shall be observed on the day on which the
holiday falls regardless if it is a Saturday or Sunday.
12.3 Holiday Credit for Part-Time -Employees. Permanent part-time and
permanent-intermittent employees who work on a holiday shall receive overtime
pay or compensatory time credit for all hours worked, up to a maximum of eight
(8).
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Permanent part-time employees who do not work on a holiday shall receive
holiday credit in the same ratio to the holiday credit given full time employees
as the number of hours in the regular full time schedule, regardless of whether
the holiday falls on the part-time employee's regular work day.
12A 4/10 Shift Holidays.
A. Holiday Shift Pay. Each 4/10 shift employee who works a full shift on a
holiday shall receive time and one-half for the first eight (8) hours worked
in addition to regular pay for the holiday. Holiday shift pay shall be subject
to provisions of Section 7 - Overtime.
B. Absence on Holiday. The maximum time charged to sick leave, vacation
or leave without pay on a holiday shall be two (2) hours.
12.5 Accrual of Holiday Time. Employees entitled to overtime credit in
positions which work around the clock shall be permitted to elect between pay
at the overtime rate or compensatory time off in recognition of holidays worked.
The following procedures shall apply to this selection:
a. Eligible employees may elect, on a quarterly basis, the method of
reimbursement for work performed on holidays. The selection between
accrued holiday time and/or overtime pay must be made known to the
County during each of the calendar months of dune, September,
December, and March for the duration of this MOU.
b. Employees starting work after a list of those electing to accrue holiday
time has been submitted to the Auditor and approved, will be paid
overtime unless they specifically requested in writing within seven (7)
calendar days to be placed on the accrual list.
C. Holiday time shall be accrued at the rate of one and one-half(1-1/2) times
the actual hours worked to a maximum of eight (8) hours worked by the
employee.
d. Holiday time may not be accumulated in excess of two hundred
eighty-eight (288) working hours. Holiday time may be accrued up to two
hundred eighty-eight (288) hours, exclusive of regular vacation accruals.
After two hundred eighty- eight (288) hours holiday time'shall be paid at
the overtime rates as specified in Section 7.
e. Accrued holiday time may be taken off at times determined by mutual
agreement of the employee and the department head.
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12.6 Each permanent employee who qualifies for paid holidays shall not be
required to work on at least one (1) of the following- holidays each year:
Thanksgiving, Christmas, New Year's Day.
12.7 Employees who work at the County Hospital on. Thanksgiving and/or
Christmas shall receive a meal at the County Hospital Cafeteria during an
assigned shift at no cost to the employee.
12.8 Permanent-intermittent Holiday Pay. Employees in
permanent-intermittent positions shall receive holiday pay at the rate of 1-1/2
times the employee's base salary rate for up to eight (8) hours worked on a
recognized holiday.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Permanent and provisional 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 5.9 of this
MOU. Vacation credits may not be taken during the first six (6) calendar months
of employment, not necessarily synonymous with probationary status, except
where sick leave has been exhausted; and none shall be allowed in excess of
actual accrual at the time vacation is taken.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13 1/3 320
20 through 24 years 162/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
13.3 Vacation Accrual During Leave Without Pay. No employee who has been
granted 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 Professional Sabbatical Leave. Employees who have completed five (5)
years or more of employment shall annually receive three (3) days of paid
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sabbatical leave. This leave shall be granted under the same provisions for
vacation leave.
13.5 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.
13.6 Permanent Part Time & Intermittent Employees. Employees in permanent
part-time and permanent-intermittent positions shall accrue vacation benefits on
a prorated basis as provided in Resolution 81/1165, Section 36-2.006.
13.7 Vacation for employees in the Hospital and Clinic Division Hospital Nursing
Service (including the Detention Facilities) and Ambulatory Care Nursing Services
shall be scheduled on an annual cycle, April 1 through March 30.
Employees must submit their written vacation request by March 1 st of each year.
The Hospital will post a schedule of vacations by April 1 st of each year.
Only one employee per classification from each work site and shift may be
preapproved for vacation at the same time. In case of conflict, the employee with
the greater length of service in their classification will receive the requested
vacation time. Less senior employees will be given the opportunity to request
a different time before the annual schedule is posted.
Vacation requests submitted after March 1 st to the Nurses' assigned Nursing
Program Manager shall be considered on a first come basis and the County will
respond to such requests within 30 days from receipt. If staffing and patient care
requirements do not permit all Registered Nurses requesting a certain vacation
preference to take their vacations over the same period, length of service in their
classification among those Registered Nurses who submit vacation requests at
the same time shall be the determining factor within each work area.
Arrangements for vacation replacements shall be the responsibility of Nursing
Service, it being understood that denial of the vacation request may result if
Nursing Service is unable to arrange for replacements.
Vacations requested during the preapproved phase which include major
holidays, Thanksgiving, Christmas and New Years, shall be rotated amongst staff
rather than determined by seniority.
13.8 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
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r
in each case where such vacation is authorized so that appropriate Payroll
system override actions can be taken.
13.9Policy for FNPs. The following policy governs the approval of vacation
requests and the vacation coverage responsibilities -. of the Family Nurse
Practitioners.
Vacation requests for Family Nurse Practitioners in the Hospital and Clinics
Division which are received in the Medical Staff office thirty-five days in advance
will be responded to within ten days of the receipt of the request and will be
approved or denied based on overall FNP staffing considerations for the time
requested. Vacation requests which are received less than thirty-five days in
advance will also be considered, but preference will be given to those requests
submitted with more than thirty-five days advance notice.
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 canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored if s/he is reemployed in a
permanent position within the period of lay off eligibility.
Upon the date of retirement, an employee's accumulated sick leave is converted
to retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
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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: 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: Any person employed by Contra Costa County in an allocated
position in the County service.
Paid Sick Leave Credits: Sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is
requested or verified, a brief statement in non-technical terms from the
employee regarding inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be
used when the employee is off work because of a temporary illness or
injury.
b. Permanent Disability Sick Leave. Permanent disability means the
employee suffers from a disabling physical injury or illness and is thereby
prevented from engaging in any County occupation for which the
employee is qualified by reason of education, training or experience. Sick
leave may be used by permanently disabled employees until all accruals
of the employee have been exhausted or until the employee is retired by
the Retirement Board, subject to the following conditions:
1 . An application for retirement due to disability has been filed with
the Retirement Board.
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2. Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave
for permanent disability.
3. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use
of sick leave when such further examination demonstrates that the
employee is not disabled, or when the appointing authority
determines that the medical evidence submitted by the employee
is insufficient, or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits
when under a physician's order to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability
is caused or contributed to by pregnancy, miscarriage, abortion, childbirth,
or recovery therefrom, shall be allowed to utilize sick leave credit to the
maximum accrued by such employee during the period of such disability
under the conditions set forth below:
1 . Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of
disability from the employee's attending physician. The statement
must address itself to the employee's general physical condition
having considered the nature of the work performed by the
employee, and it must indicate the date of the commencement of
the disability as well as the date the physician anticipates the
disability to terminate.
2. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work
or that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom the employee shall be required to undergo a
physical examination by a physician selected by the County. Should
the medical report so recommend, a mandatory leave shall be
imposed upon the employee for the duration of the disability.
3. Sick leave may not be utilized after the employee has been released
from the hospital unless the employee has provided the County with
a written statement from her attending physician stating that her
disability continues and the projected dates of the employee's
recovery from such disability.
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e. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1 . For working time used in keeping medical and dental appointments
for the employee's own care; and
2. For working time used by an employee for prescheduled medical
and dental appointments for an immediate family member.
f. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
g. Death of Family Member. An employee may use paid sick-leave credits for
working time used because of a death in the employee's immediate family,
but this shall not exceed three working days, plus up to two days of work
time for necessary travel.
h. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he is on vacation but the County
Administrator may authorize it when extenuating circumstances
exist and the appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits
but is not in pay status.
14A 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
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.
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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 conditions) and/or restriction(s) that may
reasonably be imposed regarding specific locations and/or persons
the department may contact to verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be
denied if these procedures are not followed. Abuse of sick leave on the
part of the employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of
the sick leave claim. The department head or designee may make
reasonable inquiries about employee absences. The department may
require medical verification for an absence of three (3) or more working
days. The department may also require medical verification for absences
of less than three (3) working days for probable cause if the employee had
been notified in advance in writing that such verification was necessary.
Inquiries may be made in the following ways:
1 . Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone
notification was not made in accordance with departmental sick
leave call-in guidelines. These inquiries shall be subject to any
restrictions imposed by the employee under Section 14.A.4.
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.
S. 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.
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Department heads are responsible for establishing timekeeping
procedures which will insure the submission of a time card covering
each employee absence and for operating their respective offices in
accordance with these policies and with clarifying regulations issued
by the Office of the County Administrator.
To help assure uniform policy application, the Personnel Director or
designated management staff of the County Personnel Department
should be contacted with respect to sick leave determinations about
which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of
duty is subject to dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An appointing authority after
giving notice may place an employee on leave if the appointing authority
has filed an application for disability retirement for the employee, or
whom the appointing authority believes to be temporarily or permanently
physically or mentally incapacitated for the performance of the employee's
duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order the
employee to undergo at County expense and on the employee's paid time
a physical, medical and/or psychiatric examination by a licensed physician
and receive a report of the findings on such examination. If the examining
physician recommends that treatment for physical or mental health
problems, including leave, are in the best interests of the employee or the
County in relation to the employee overcoming any disability and/or
performing his or her duties the appointing authority may direct the
employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice
to the employee's right to use sick leave, vacation, or any other benefit to
which the employee is entitled other than regular salary. The Director of
Personnel 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
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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 deemed necessary in accordance with
appropriate provisions of this MOU.
14.6 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 10, 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 sick leave and/or vacation accruals. This
will be considered as the last day worked for purposes of determining
Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts. The
time the employee is scheduled to work during this waiting period will be
charged to the employee's sick leave and/or vacation accruals. In order
to qualify for Workers' Compensation the employee must be under the
care of a physician. Temporary compensation is payable on the first three
(3) days of disability when the injury necessitates hospitalization, or when
the disability exceeds fourteen (14) days.
C. A permanent employee shall continue to receive applicable regular salary
during any period of compensable temporary disability absence in
accordance with Section 5 of the January 28, 1992 Letter of Agreement
between the County and the Health Care Coalition (see attachment).
"Compensable temporary disability absence" for the purpose of this
Section, is any absence due to work connected disability which qualifies
for temporary disability compensation under Workers' Compensation Law
set forth in Division 4 of the California Labor Code. When any disability
becomes permanent, the salary provided in this Section shall terminate.
The employee shall return to the County all temporary disability payments
received 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.
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The maximum period for the described salary continuation for any one
injury or illness shall be one year from the date of temporary disability.
Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability ends, or
until one (1) year has expired, whichever comes first. All continuing pay
under the Workers' Compensation Program will be cleared through the
Office of the County Administrator, Risk Management Division.
Whenever an employee who has been injured on the job and has returned
to work is required by an attending physician to leave work for treatment
during working hours the employee shall be allowed time off up to three
(3) hours for such treatment without loss of pay or benefits. This provision
applies only to injuries that have been accepted by the County as a job
connected injury.
D. Applicable Pay Beyond One Year. If an injured employee remains eligible
for temporary disability beyond one year, applicable salary will continue
by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits (vacation charges to be approved by the
Department and the employee). If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and whose
disability is medically permanent and stationary will continue to receive
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.
F. Health Insurance. The County contribution to the employee's group
insurance plan s continues during the continuing pay period and during
integration of sick leave or vacation with Workers' Compensation bene-
fits.
G. Integration Formula. 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' Compensation for a month
S = Monthly salary
14.7 Labor-Management Committee. On May 26, 1981 the Board of
Supervisors established a labor-management committee to administer a
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rehabilitation program for disabled employees. It is understood that the benefits
specified above in this Section 14 shall be coordinated with the rehabilitation
program as determined by the labor- management committee.
14.8 Accrual During Leave WithouLfay. No employee who has been granted
a leave without pay or an unpaid military leave shall accrue any sick leave credits
during the time of such leave nor shall an employee who is absent without pay
accrue sick leave credits during the absence.
14.9 State Disability Insurance (SDI). Effective July 1 , 1994, the County will
begin a six-month pilot program for employees eligible for State Disability
benefits. At the end of the six (6) 'month pilot program, the County will meet
and confer to evaluate whether the plan will be continued. Employees eligible
for SDI benefits will be required to make application for SDI benefits and to have
those benefits integrated with the use of their sick leave accruals on the
following basis:
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.
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.
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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.
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.
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:
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L = [(S-D) - S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 31
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.
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.
Conversion to the New SDI Program. For all employees receiving SDI benefits
prior to July 1 , 1994, conversion to the new SDI program operated by
departmental payroll staff will be coordinated by the Personnel Department,
Benefits Division.
All 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 returned to the employee. All employee SDI benefit
checks received after June 30, 1994, will be returned to the employee. In both
these situations, no sick leave buy back will be made, regardless of the calendar
period to which the benefit checks pertain. Program transfer to departmental
payroll staff will be effective July 1 , 1994 for the month of July with the first
computation of SDI benefits and integration with sick leave under the new
program made on the August 10, 1994 pay warrants covering the July 1994
payroll period.
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 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 County wide bank wherein
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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.
15.2 Operation. 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.
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.
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.
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.
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.
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.
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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.
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.
No employee will have any entitlement to catastrophic leave benefits. The award
of Catastrophic Leave will be at the sole discretion of the committee, both as to
amounts of benefits awarded and as to persons awarded benefits. Benefits may
be denied, or awarded for less than six months. The committee will be entitled
to limit benefits in accordance with available contributions and to choose from
among eligible applicants, on an anonymous basis, those who will receive
benefits.
Any unused hours transferred to a recipient will be returned to the Catastrophic
Leave Bank.
SECTION 16 - LEAVE OF ABSENCE
16.1 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.
162 General Administration - Leaves of Absence. Requests for leave of
absence without pay shall be made upon forms prescribed by the Director of
Personnel and shall state specifically the reason for the request, the date when
it is desired to begin the leave and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1 . illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's
usefulness on return to the employee's position;
5. for other reasons or circumstances acceptable to the appointing
authority.
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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. 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 16.5 below.
E. Whenever an employee who has been granted a leave without any pay
desires to return before the expiration of such leave, the employee 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 a leave or early
return from leave shall be subject to appeal to the Director of Personnel
and not subject to appeal through the grievance procedure set forth in
Section 23 of this MOU.
16.3 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours
without pay (pre-authorized absence without pay), up to a maximum of 15
calendar days for any one period. Longer pre-authorized absences without pay
shall have their compensation for the portion of the month worked computed in
accord with Section 5.10 Compensation for Portion of Month of the MOU. Full
time and part-time employees who take furlough time shall have their vacation,
sick leave, floating holiday and any other payroll-computed accruals computed
as though they had worked the furlough time. When computing vacation, sick
leave, floating holiday and other accrual credits for employees taking furlough
time, this provision shall supersede Sections 13.5, 14.2, 14.8 and 15.1 of this
MOU regarding the computation of vacation, sick leave, floating holiday and
other accrual credits as regards furlough time only. For payroll purposes,
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furlough time (absence without pay with prior authorization of the appointing
authority) shall be reported separately from other absences without pay to the
Auditor-Controller. The existing VTO program shall be continued for the life of
the contract.
16.4 Military Leave. Any employee in the merit system and who is required to
serve as a member of the State Militia or the United States Army, Navy, Air Force,
Marine Corps, Coast Guard or any division thereof shall be granted a military
leave for the period of such service, plus ninety (90) days. An employee who
volunteers for such service shall be granted a leave of absence if necessary in
accordance with applicable state or federal laws. Upon the termination of such
service or upon honorable discharge, the employee shall be entitled to return to
the employee's position in the classified service provided such still exists and
the employee is otherwise qualified, without any loss of standing of any kind
whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may
be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case of
layoff or promotional examination, time on military leave shall be considered as
time in County service.
Any employee who has been granted a military leave, may upon return, be
required to furnish such evidence of performance of military service or of
honorable discharge as the Director of Personnel may deem necessary.
16.5 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 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.
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16.6 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.
16.7 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 16.12
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.
16.8 Aggregate Use for Spouse In the situation where husband and wife are
both employed by the County, the family care of 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.
16.9 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. ouse: 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:
I 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;
5. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
leave schedule is necessary for the care of the individual or will
assist in their recovery, and its 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:
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
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specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
16.10 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.
16.11 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 contribution by maintaining
their employment in pay status as described in Section 16.12. During the 18
weeks of an approved medical or family care leave under Section 16.5 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 16.12. 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.
16.12 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 (12) 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 0 2) 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 Care or Medical Leave. During the 18 weeks of an approved
medical or family care leave, if a portion of that leave will be on a leave
of absence without pay, the employee will be 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
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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.
16.13 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee
in the same department at the time the employee was granted a leave of
absence, shall be reinstated to a position in that classification and department
and then only on the basis of seniority. In case of severance from service by
reason of the reinstatement of a permanent employee, the provisions of Section
11 (Seniority, Workforce Reduction, Layoff, & Reassignment) shall apply.
16.14 Reinstatement From Family Care or Medical Leave. In the case of a
family care or medical leave, an employee on a 5/40 schedule shall be reinstated
to the same or comparable position if the return to work is after no more than
90 work days of leave from the initial date of a continuous leave, including use
of accruals, or within the equivalent on an alternate work schedule. A full time
employee taking an intermittent or reduced work schedule leave shall be
reinstated to the same or comparable position if the return to work on a full
schedule is after no more than 720 hours, including use of accruals, of
intermittent or reduced schedule leave. At the time the original leave is
approved, the appointing authority shall notify the employee in writing of the
final date to return to work, or the maximum number of hours of leave, in order
to guarantee reinstatement to the same or comparable position. An employee
on a schedule other than 5/40 shall have the time frame for reinstatement to the
same or comparable position adjusted on a pro rata basis.
16.15 Salary Review While on Leave of Absence. The salary of an employee
who is on leave of absence from a County position on any anniversary date and
who has not been absent from the position on leave without pay more than six
(6) months during the preceding year, shall be reviewed on the anniversary date.
Employees on military leave shall receive salary increments that may accrue to
them during the period of military leave.
16.16 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.
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I S
16.17 Non-Exclusivity. Other MOU language on this subject, not in conflict,
shall remain in effect.
SECTION 17 -JURY DUTY AND WITNESS DUTY
17.1 Jury Duty. for purposes of this Section, jury duty shall be defined as any
time an employee is obligated to report to the court.
1 . When called for jury duty, County employees, like other citizens, are
expected to discharge their jury duty responsibilities.
2. Employees shall advise their department as soon as possible if scheduled
to appear for jury duty.
3. If summoned for jury duty in a Municipal, Superior, or Federal Court, or a
Coroners jury, employees may remain in their regular County pay status,
or they may take paid leave (vacation, floating holiday, etc.) or leave
without pay and retain all fees and expenses paid to them.
4. 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:
a. 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 oriury 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.
b. 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.
5. Employees are not permitted to engage in any employment regardless of
shift assignment or occupation before or after daily jury service that would
affect their ability to properly serve as jurors.
6. An employee on short notice standby to report to court, whose job duties
make short notice response impossible or impractical, shall be given
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alternate work assignments for those days to enable them to respond to
the court on short notice.
7. 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.
8. Permanent-intermittent employees are entitled to paid jury duty leave only
for those days on which they were previously scheduled to work.
17.2 Witness Dutv. Employees called upon as a witness or an expert witness in
a case arising in the course of their work or the work of another department may
remain in their regular pay status and turn over to the County all fees and
expenses paid to them, other than mileage allowance, or they may take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.
g ., accident suits and family relations) shall take vacation leave or leave without
pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply
to jury duty as set forth in Section 17 of this 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 18 - HEALTH & WELFARE. LIFE & DENTAL CARE
18.1 County Programs. The County will continue the existing County Group
Health Plan program of medical, dental and life insurance coverage through
Delta Dental Plan, Safeguard Dental Plan, Aetna Life Insurance and the medical
insurance options of Kaiser-Permanente Foundation Health Plan, 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 (see Attachment E) between the
County and the Labor Coalition shall be in effect.
18.2 Rate Information. The County Benefits Division will make health and
dental plan rate information available upon request to employees and
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departments. In addition, the County Benefits Division will publish and
distribute to employees and departments information about rate changes as they
occur during the year.
Any increase in the Health Plan costs greater than the County contributions
identified above occurring during the duration of this MOU shall be borne by the
employee.
18.3 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.
18A Partial Month. The County's contribution to the Health Plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee share of the premium,
the employee must make up the difference by remitting the amount delinquent
to the Auditor-Controller. The responsibility for this payment rests with the
employee. If payment is not made, the employee shall be dropped from the
health plan. An employee is thus covered by the health plan for the month in
which compensation is paid.
18.5 �Coverage During Absences. An employee 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 (1 2) 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
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coverage to the extent provided under COBRA by making premium payments to
the County at a time and place specified by the County.
1.8.6 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.
18.7 '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 19 - PROBATIONARY PERIOD
19.1 Duration. All appointments from officially promulgated employment lists
for original entrance or promotion shall be subject to a probationary period. This
period shall be from six (6) months to two (2) years duration.
19.2 Those classes represented by the Association which have probation
periods in excess of six (6) months: None.
19.3 When the probationary period for a class is changed, only new appointees
to positions in the classification shall be subject to the revised probationary
period.
19.4 The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or any
period of continuous 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. For employees appointed to
permanent part-time positions with a six (6) month probation period, probation
r
will be considered completed after serving six (6) months in the permanent
part-time position.
19.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from any
rejection during the probationary period based on political, or religious or
union activities, or race, color, national origin, sex, age, disability, or
sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth
in facts by which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of Personnel to the
Merit Board by 5:00 p.m on the 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 shall begin a new probationary period unless the Merit
Board specifically reinstates the former period.
19.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Personnel receive from the
appointing authority a statement in writing that the services of the employee
during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be
rejected at any time during the probation period without regard to the Skelly
provisions of this 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. The Department will make every
effort to process the probation report in a timely manner, with the intent of
completing it before the end of the probation period. If the appointing authority
fails to submit in a timely manner the proper written documents certifying that
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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 Fist, shall be restored to a position in
the department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during
probation shall not be restored to the eligible list from which the employee was
certified unless the employee receives the affirmative recommendation from the
appointing authority and is certified by the Director of Personnel whose decision
is final.
The Director of Personnel shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected
from the same eligible list, unless such certification is requested in writing by
the appointing authority.
19.7 Layoff During Probation. An employee who is laid off during probation,
if reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if the
position is in a department other than the department from which the employee
separated,'displaced, or voluntarily demoted in lieu of layoff. An appointment
from a layoff or reemployment list is not subject to a probation period if the
position is in the department from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
19.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period shall
be automatically restored to the layoff list, unless discharged for cause, if the
person is within the period of layoff eligibility. The employee shall begin a new
probation period if subsequently certified and appointed in a different
department or classification than that from which the employee was laid off.
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SECTION 20 - PROMOTION
20.1 Promotion shall be by competitive examination unless otherwise provided
in this MOU.
20.2 Promotion Policy. The Director of Personnel, upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
20.3 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 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 Director of Personnel.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
20.4 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary
or permanent status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to promotional
examinations only if the requirements are met on or before the final filing date.
If an employee who is qualified on a promotional employment list is separated
from the merit system, except by layoff, the employee's name shall be removed
from the promotional list.
20.5 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy (70) percent or more, shall receive, in addition to all other credits, five
one-hundredths (.05) of one percent for each completed month of service as a
permanent County employee continuously preceding the final date for filing
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59 -
application for said examination. For purposes of seniority credits, Leaves of
absence shall be considered as service. Seniority credits shall be included in the
final percentage score from which the rank on the promotional list is
determined. No employee, however, shall receive more than a total of five
percent (5%) credit for seniority in any promotional examination.
20.6 County employees who are required as part of the promotional
examination process to take a physical examination shall do so on County time
at County expense.
SECTION 21 - TRANSFER
21 .1 The following conditions are required in order to qualify for transfer:
a. The position shall be in the same class, or if in a different class shall have
been determined by the Director of Personnel to be appropriate for
transfer on the basis of minimum qualifications and qualifying procedure;
b. the employee shall have permanent status in the merit system and shall
be in good standing;
C. the appointing authority or authorities involved in the transaction shall
have indicated their agreement in writing;
d. the employee concerned shall have indicated agreement to the change in
writing;
e. the Director of Personnel shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
21 .2 Any employee or appointing authority who desires to initiate a transfer
may inform the Director of Personnel in writing of such desire stating the
reasons therefor. If the Director of Personnel considers that the reasons are
adequate and that the transfer will be for the good of the County service and the
parties involved, the Director of Personnel shall inform the appointing authority
or authorities concerned and the employee of the proposal and may take the
initiative in accomplishing the transfer.
21,3 Bid Procedure. Permanent employees in all classes represented by this
bargaining unit may bid on open jobs in the same classification throughout the
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Health Services Department. All open jobs will be offered to presently assigned
permanent employees for bid. The following procedures shall apply:
a. Responsibility. Implementation of the bidding procedure is the
responsibility of the Supervisor ("Supervisor") of, the vacated or newly
created position.
b. Lob Notices Posted Five (5) Days Only. Open job notices shall be posted
for five (5) calendar days in specific locations mutually agreed upon by the
Association and the County. RN and FNP postings shall be maintained in
binders at the Nursing Administration office and at Health Services
Personnel. All postings shall be retained for forty-five (45) days. The
notice shall specify all job factors and shall be posted only once. If there
are no bidders, the department head may fill the position by using the
Merit System eligible list or by making internal reassignments.
A late bid,,shall be accepted if the nurse can demonstrate he/she was
authorized to be off during the entire posting period.
C. All Open Jobs Must be Posted. All job openings which may occur by
creation of new jobs, separation, promotion, demotion or reassignment
must be posted for permanent employee bidding.
d. Eligible Bidders. All permanent full time, permanent part-time and
permanent-intermittent employees in the Health Services Department may
bid on any open permanent position in the same classification anywhere
else in the Health Services Department including Public Health. Employees
who are in temporary or provisional positions and employees still on
probation in a permanent position may not bid.
e. Bidder Selection. The Supervisor shall interview each employee submitting
a bid and select the person to fill the position they deem most qualified
by virtue of education, training, experience and presentation in the
interview. In the event two or more bidders are equally well qualified, the
position will be filled by the most senior employee submitting a bid. In all
cases, the person selected must possess the minimum qualifications (as
described in the job specification) for the skill level of the position they
are selected to fill (i.e. trainee, entry, experienced, advanced, etc.).
Unsuccessful bidders will be so notified in writing on forms agreed to
between the Association and the Department as soon as possible following
the conclusion of the interviews, but not later than the date upon which
the successful bidder is notified of selection. The bid results form is not
an employment record and will not be used for subsequent employment
related decisions.
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• 1 f
I 1 1
f. No Old lob Claim. The selected bidder shall have no claim on the job that
the selected bidder left. If the decision is made by either the supervisor or
the employee to seek immediate reassignment, the employee must take
another open job (not bid on). The old job may not be reclaimed because
the employee once held it.
g. Minimum lob Time- 3 Months. Employees must have had three (3) months
in their reassigned position before they may bid on another open position.
Time period begins the date they begin working in the new assignment.
h. Bidding While on Leave. Employees interested in a particular assignment
and wishing to be notified of an open position while on authorized
absence from work (not day off) may leave a bid form or a self-addressed,
stamped envelope with the Supervisor of the position in which they are
interested.
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of
termination. Oral resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the Personnel Department and shall
indicate the effective date of termination.
22.1 Resignation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice) is a resignation in
good standing.
222 Constructive Resignation. A constructive resignation occurs and is
effective when:
a. An employee has been absent from duty for ten (10) consecutive working
days without leave, and
b. ten (10) more consecutive days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing
authority to the employee at the employee's last known address.
22.3 Effective Resignation. A resignation is effective when delivered or spoken
to the appointing authority, operative either on that date or another date
specified.
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22.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced
by the appointing authority may be revoked within seven (7) calendar days
after its expression, by serving written notice on the Director of Personnel,
and a copy on the appointing authority.
B. Reinstatement. if the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall be
revoked and the employee returned to duty effective on the day following
the appointing authority's 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 23 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.
22.6 Eligibility for Reemployment. Within one (1) year of resignation in good
standing from County service, a person who has had permanent status which
included satisfactory completion of probation may make application by letter to
the Director of Personnel for placement on a reemployment list as follows: the
class from which the person resigned; or any one class of equal or lesser rank
in the occupational series and in which the person had previously attained
permanent status; or for any class or deep class which has replaced the class in
which the person previously had status, provided that the person meets the
minimum requirements for the new class. If the appointing authority of the
department from which the person resigned recommends reemployment the
Director of Personnel shall grant reemployment privileges to the person. If the
appointing authority does not recommend reemployment, the employee may
appeal to the Director of Personnel. Consideration of names from a
reemployment list is mandatory if the appointing authority recommended
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reemployment of the individual(s) listed but is optional for other appointing
authorities.
SECTION 23 - DISMISSAL SUSPENSION, & DEMOTION
23.1 The appointing authority may dismiss, suspend, or demote, any employee
for cause. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal, suspension or
demotion may be based on reasons other than those specifically mentioned:
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 or immoral 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;
L negligent or willful damage to public property or waste of public supplies
or equipment;
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;
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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.
23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend for more than five (5) work days
(four (4) work days for employees on 4/10 work week), demote or reduce in
salary any employee, the appointing authority shall cause to be served
personally or by certified mail on the employee, a Notice of Proposed Action,
which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges, including the acts or 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 employee's response is not filed
within seven (7) days or during any extension, the right to respond is lost.
23.3 Leave Pending Employee Resaonse. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the
appointing authority for cause specified in writing may place the employee on
temporary leave of absence, with pay.
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23.4 Length of Suspensions. Suspensions without pay shall not exceed thirty
(30) days unless ordered by an arbitrator, an adjustment board or the Merit
Board.
23.5 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.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension or demotion either to the Merit Board or through
the procedures of Section 24 - Grievance Procedure of this MOU provided
that such appeal is filed in writing with the Director of Personnel within
ten 0 0) calendar days after service of said order. An employee may not
both appeal to the Merit Board and file a grievance under Section 24 of
this MOU.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 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 Association may represent the employee at any stage
of the process. Grievances must be filed within thirty (30) days of the incident
or occurrence about which the employee claims to have a grievance and shall be
processed in the following manner:
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 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 0 0) 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 Director of
Personnel. The Director of Personnel 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 Director of Personnel 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, such
grievance shall be submitted in writing to an Adjustment Board comprised of two
(2) Association representatives and two (2) representatives of the County. The
Adjustment Board shall meet and render a decision 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 0 0) work days or the grievance will move to arbitration upon demand.
E. Step S. 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 Director of Personnel.
Such request shall be submitted within twenty (20) work days of the rendering
of the Adjustment Board decision. Within twenty (20) days of the request for
arbitration the parties shall mutually select an arbitrator who shall render a
decision within thirty (30) work days form 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.
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24.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly before
them shall be final and binding on the parties hereto, to' the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a
position in a unit represented by the Association which has been certified
as the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in Subsection
24.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto 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 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 Director of Personnel in pursuance of the procedures outlined in
Step 3 above, or the Adjustment Board in pursuance of the provisions of
Step 4 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.
24.3 The time limits specified above may be waived by mutual agreement of the
parties to the grievance. if the County fails to meet the time limits specified in
Steps 1 through 3 above, the grievance will automatically move to the next step.
If an employee fails to meet the time limits specified in Steps 1 through 3 above,
the grievance will be deemed to have been settled and withdrawn.
24.4 An official, with whom a formal grievance is filed by a grievant who is
included in a unit represented by the Association but is not represented by the
Association in the grievance, shall give the Association a copy of the formal
presentation.
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24.5 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Director of
Personnel. Only complaints which allege that employees are not being
compensated in accordance with the 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 shall be deemed withdrawn until the
meeting and conferring process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed. 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 Association.
24.6 During the term of this MOU, the Association, its members and
representatives, agree that it and they will not engage in, authorize, sanction,
or support any strike, slowdown, stoppage of work, sickout, or refusal to perform
customary duties.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises his or her
supervisor as soon as.possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
24.7 Merit Board.
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 23 unless the employee
elects to apply to the Merit Board on matters within its jurisdiction.
B. No action under Step 3, 4, and 5 of Subsection 23.1 above shall be taken
if action on the complaint or grievance has been taken by the Merit Board,
or if the complaint or grievance is pending before the Merit Board.
24.8 The Association 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.
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SECTION 25 - BILINGUAL PAY
Effective January 1 , 1992, a salary differential of fifty dollars ($50.00) per month
shall be paid incumbents of positions requiring bilingual proficiency as
designated by the appointing authority and Director of Personnel. Said
differential shall be prorated for employees working less than full time and/or
who are on an unpaid leave of absence for a portion of any given month.
Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County.
SECTION 26 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581 .1 , the County will continue to pay
fifty percent (50%) 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.
SECTION 27 - TRAINING REIMBURSEMENT
27.1 The County Administrative Bulletin on Training shall govern
reimbursement for training and shall continue to limit reimbursement for career
development training to two hundred dollars ($200) per semester or one
hundred fifty dollars ($150) per quarter, not to exceed six hundred dollars
($600) per year.
Continuing education shall continue to be administered under the Administrative
Bulletin on Training and of the $600 per year, $250 may be applied to
continuing education courses. Training reimbursement applicable to continuing
education (i.e. $250) may be carried over into the next fiscal year. The maximum
reimbursement available in any fiscal year may not exceed twice what may be
accrued in any one fiscal year.
272 The Health Services Department will provide Advanced Cardiac Life
Support certification and recertification classes to those employees who are
required to be certified at a cost of no more than twenty-five dollars ($25.00) to
the employee.
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SECTION 28 - EDUCATION LEAVE
Each regular full-time employee in the classification of Registered Nurse with one
(1) or more years of service shall be entitled to five (5) days leave with pay each
year to attend accredited continuing education courses, institutions, workshops,
or classes. Employees in the classification of Family Nurse Practitioner with one
(1) or more years of County service shall be entitled to eight (8) days leave with
pay each year to attend accredited continuing education courses, institutions,
workshops or classes. Written requests for such leave must be submitted in
advance and may be denied only in the event such leave interferes with staffing.
Registered Nurses and Family Nurse Practitioners may carry over continuing
education leave at the rate of 5 days and 2 days respectively for a maximum
total of 10 days per year. Such carry-over will be granted without restriction.
Family Nurse Practioners may carry-over additional continuing education leave
subject to approval.
The leave hereinabove defined shall not apply to those courses or programs the
employee is required by the County to attend.
A Registered Nurse assigned to the night shift, who attends a continuing
education course of eight (8) hours duration outside scheduled work time, may
receive educational leave pay for the actual course time and may be excused
from the night shift immediately preceding or following the course attended.
When an employee covered by this agreement separates from County service,
any unused educational leave shall be canceled. Permanent part-time registered
nurses shall be entitled to educational leave on a pro-rated basis.
SECTION 29 - CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may
be added to the classification plan by the Director of Personnel subject to
approval by the Board of Supervisors. The County will meet and confer with the
Association on the minimum qualifications and salary of new classes.
If the County wishes to add duties to classes represented by the Association, the
Association shall be notified and upon request of the Association,
representatives of the County will meet and consult with the Association over
such duties.
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SECTION 30 - SAFETY
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this MOU is performed with a maximum degree of
safety consistent with the requirement to conduct efficient operations.
SECTION 31 - MILEAGE
Effective January 1 , 1994, 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 $.29/mile) and shall be adjusted to reflect changes
in this rate on the date it becomes effective or the first of the month following
announcement of the changed rate by the Internal Revenue Service, whichever
is later.
SECTION 32 - 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 Office, it is the policy of the Auditor-Controller's
Office that the error will be corrected and a new warrant issued within forty-eight
(48) hours, exclusive of Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County found in employee pay shall be corrected
as soon as possible as to current pay rate but that no recovery of either over
payments or under payments to an employee shall be made retroactively except
for the six (6) month period immediately preceding discovery of the pay error.
This provision shall apply regardless of whether the error was made by the
employee, the appointing authority or designee, the director of personnel or
designee, -or the Auditor-Controller or designee. Discovery of fraudulently
accrued over or under payments are excluded from this section for both parties.
SECTION 33 - DETENTION FACILITY DIFFERENTIAL
Employees who work in the County Detention Facility shall receive a differential
per hour worked at a premium of five percent (59Q of the hourly equivalent of the
base rate; provided, however, that in the event the conditions in the Detention
Facility are improved so that hazardous conditions no longer exist, such
differential will no longer be applicable.
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SECTION 34 - CRITICAL CARE UNIT
A permanent Registered Nurse permanently assigned to the Critical Care Unit
who possesses a Coronary Care Certificate issued by the American Heart
Association or its equivalent approved by the Health Services Department and
whose duties necessitate use of the Coronary Care Certificate Skills shall be
compensated at the Specialized Skill/Charge level. This provision shall apply to
Registered Nurses regularly assigned to the coronary care unit and shall not
apply to Registered Nurses assigned on a relief basis.
SECTION 35 -JOINT ASSOCIATION/MANAGEMENT MEETING
A. There shall be a joint Association-Management Meeting every other month
unless mutually waived. Release time or appropriate overtime or paid
straight time will be provided for three (3) Association representatives.
Management may also have three (3) representatives, one of whom shall
be the Associate Executive Director of Patient Care. Both parties may
agenda items in advance of the meeting and management shall provide
reasonable information which is not confidential nor legally protected with
a minimum of two weeks advance notice.
B. Upon request of the Association, the County agrees to schedule meetings
similar in concept for the Public Health Division.
SECTION 36 - PROFESSIONAL PERFORMANCE COMMITTEES
36.1 There shall be a single Health Services Registered Nurse Professional
Performance Committee which shall consist of two subcommittees; one for
inpatient Registered Nurses and one for outpatient Registered Nurses.
The Committee(s) may consider and discuss issues and subject matters of their
own selection which are related to patient care and nursing practice. The
Committee(s) may also formulate advisory recommendations and proposals
concerning such matters. The Committee(s) shall not discuss economic matters,
such as wages, hours and other economic conditions which may be subject to
meet and confer.
36.2 The Inpatient Subcommittee may schedule one (1) regular meeting each
month during working hours which shall be scheduled to conflict as little as
possible with nursing services. The County will release from duty no more than
three (3) Registered Nurses assigned to the day shift, two (2) Registered Nurses
assigned to the evening shift and one (1) Registered Nurse assigned to the
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graveyard shift for a period not to exceed two (2) hours for attendance at such
a meeting.
The Outpatient Subcommittee may schedule one (1) regular meeting each month
during working hours, provided that such meetings --shall be scheduled to
conflict as little as possible with the clinic schedule and shall be mutually
agreeable to the County. The County will release from Auty no more than three
(3) nurses for a period not to exceed two (2) hours, including travel time.
The Committee(s) may decide to meet jointly in lieu of separate meetings if
particular issues or subjects call for joint inpatient and outpatient consideration.
36.3 The Committee(s) shall maintain written minutes and shall provide copies
to the Director of Hospital Nursing Services and Director of Ambulatory Care
Nursing and shall maintain copies in various locations for perusal by Registered
Nurses.
36.4 Employees who are not employed at the Health Services Department may
submit verbal or written advisory recommendations and proposals for improving
patient care to a designated representative of the Department Head, and timely
response will be provided.
36.5 There shall be a separate Professional Performance Committee for the
Family Nurse Practitioners.
The Committee may consider and discuss issues and subject matters of their
own selection which are related to patient care and nursing practice. The
Committee may also formulate advisory recommendations and proposals
concerning such matters. The Committee shall not discuss economic matters,
such as wages, hours and other economic conditions which may be subject to
meet and confer.
The Committee may schedule one regular meeting each month during working
hours .which shall be scheduled to conflict as little as possible with clinic
schedules or operational needs. The County will release from duty no more than
three Family Nurses Practitioners for a period not to exceed two hours, including
travel time, for attendance at such a meeting.
The Committee shall maintain written minutes and shall provide copies to the
designated supervisor(s) of the Family Nurse Practitioners in the Hospital and
Clinic and Public Health Divisions and shall maintain copies in various locations
for perusal by the Family Nurse Practitioners.
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SECTION 37 - NOTICE OF HIRES AND SEPARATIONS
The County agrees to periodically mail to California Nurses Association the
name, classification, and date of hire or termination of employees in
classifications represented by California Nurses Association.
SECTION 38 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a
position in a class for which no reemployment or employment list is available,
or in a class for which no eligible or insufficient eligibles to complete the
certification will accept appointment to the position, the Director of Personnel
may authorize the appointing authority to appoint any person who possesses
the minimum qualifications for the class as set forth in the class specifications,
provided that the names of eligibles available and the names of persons who
have indicated the intention to take the next examination for the class shall be
referred to the appointing authority at the time authorization is issued. In no
case shall a permanent position be filled by a provisional appointment for a
period exceeding six,(6) calendar months except under the following conditions:
a. If an-examination has been announced for the class and recruitment of
applicants is in process, the Director of Personnel may authorize a
continuation of provisional appointments until an eligible list is
established.
b. In case of a provisional appointment to a permanent position vacated by
a leave of absence, such provisional appointment may be continued for
the duration of said leave.
A provisional appointment shall be terminated within thirty (30) days after
the date of certification of eligibles from an appropriate eligible list.
All decisions of the Director of Personnel relative to provisional
appointments are final and not subject to the grievance procedure.
SECTION 39 - PERSONNEL FILES
An employee shall have the right to inspect and review the employee's
departmental personnel file upon request at reasonable times and for reasonable
periods during the regular business hours of 8:00 a.m. to 5:00 p.m.
Documentation in the personnel file relating to the investigation of a possible
criminal offense, and such information or letters of reference shall be specifically
excluded from such inspection and review.
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SECTION 40 - 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 the department head to attend a
meeting concerning County business or County affairs.
b. When the employee is required to be out of the 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, 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 the employee may be reimbursed in accordance with the
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 41 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
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.
C. Employee tools or equipment provided without the express approval of the
department head and automobiles are excluded from reimbursement.
- 76 -
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.
L 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
Property.
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.
SECTION 43 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined
in Chapter 34-22 of Resolution 81/1165 against the other. Allegations of an
unfair labor practice, if not resolved in discussions between the parties, may be
heard by a mutually agreed upon impartial third party.
SECTION 44 - 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
- 77 -
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 Director
of Personnel shall determine these matters based on the employee status
records in his department.
SECTION 45 - 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 the
same rate as for full time employees providing they work at least forty percent
(4096) of full time (i.e. 16/40). If the employee works at least fifty percent (5096)
of full time, County retirement participation is also included.
SECTION 46 - P-1 EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick
leave benefits.
Each person appointed to a permanent-intermittent Registered Nurse position
shall be given an information sheet which lists the terms and conditions of
employment and employee benefits.
SECTION 47 - P-1 EMPLOYEES HEALTH PLAN
A permanent-intermittent employee may participate in the County Group Health
Plans of medical, dental and life insurance coverage wholly at the employee's
expense. The County will not contribute to the employee's monthly.premium.
The employee will be responsible for paying the monthly premium appropriately
and punctually. Failure to meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan and reinstatement
may only be effectuated during the annual open enrollment period.
SECTION 48 - 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.
- 78 -
A provisional employee may participate in the County Group Health Plans of
medical, dental and life insurance coverage wholly at the employee's expense.
The County will not contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly premium appropriately and
punctually. Failure to meet the premium deadline will. mean automatic and
immediate withdrawal from the County Group Health Plan and reinstatement
may only be effectuated during the annual open enrollment period.
SECTION 49 - LUNCH PERIOD/REST BREAK
Hospital Nurses scheduled to work a full shift (8 hours within a spread of 8-1/2
hours) shall receive not less than 1/2 hour for lunch. If such nurse is required to
work during all or any portion of the lunch period, such time worked shall be
paid at the rate of time and one half, provided the nurse actually works a full
shift.
Nurses with a 1/2 hour lunch at the hospitalshall receive priority service over
non-employees in the hospital cafeteria.
There is no change in shift hours for nurses employed at,Juvenile Hall or the
Detention Facility; those remaining on a straight 8 hour shift are always in a pay
status and on duty during lunch and are not permitted to leave the facility
without the consent of their supervisor.
Nurses are entitled to a 10 minute rest break during each 4 hour working period,
and said rest break may be taken at any time during the 4 hour period. In no
event shall there be more than 2 rest breaks during one shift. Nurses shall
coordinate rest breaks with the Nursing Program Manager, or designee in
accordance with patient care needs.
Employees represented by the Association who are employed at the County
Hospital and who are required to work on Thanksgiving, Christmas or New Year's
will be provided a free meal in the Hospital Cafeteria at no cost to the employee
only between the hours of 6:30 a.m. and 6:30 p.m.
SECTION 50 - CASE MANAGEMENT TIME
All Family Nurse Practitioners (FNPs) in the Hospital & Clinics Division will be
granted four hours per week of case management time as part of the regular
schedule. Case management time will not be prorated for part-time FNPs. Fifty
percent (50%) of the case management time per month for each FNP will be "at
risk" to fill in primarily for FNPs for scheduled and/or unscheduled absences
and/or for any absences for urgent care, small clinics with two (2) or fewer
- 79 -
' r
providers, the detention facilities or other clinics at the discretion of the
Department Head for Ambulatory Medicine or designee. The "at risk" time will
be so designated on the schedule.
The regular schedule for each FNP may include one four_(4) hour evening clinic
per week and one weekend assignment every eight weeks, consisting of four (4)
to eight (8) hours. FNPs with twenty (20) years of service may volunteer to be
included in weekend assignments. However, in the event there are insufficient
FNP staff to cover weekend assignments, the provisions outlined above
regarding_ 'one weekend assignments in eight (8) weeks may be temporarily
waived.
In lieu of overtime and shift differential, any hours worked in excess of eight (8)
hours per day or forty (40) hours per week will be paid at the straight-time
overtime rate (1 .05). All evening and weekend assignments will be paid an
additional $9.00 per hour.
FNPs assigned to work on a holiday will not be paid the $9.00 per hour
evening/weekend differential, but instead receive time and one-half holiday pay.
SECTION 51 - HEALTH EXAMINATION
Employees of the County who work in a Health Services Department facility will
annually be required to complete a Health Questionnaire and take a Tuberculosis
Skin Test. In the event that an employee had a positive reaction to a tuberculosis
skin test, said employee will be requested to show proof of having had two (2)
negative chest x-rays at least one year apart.
Employees will also be requested to be screened for Rubella immunity. If the
result of the Rubella test is negative, the appointing authority or designee will
recommend that the employee become immunized. If the employee has direct
patient contact and refuses to become immunized, an attempt will be made to
relocate the employee to a non-patient care area if possible.
SECTION 52 - FLOATING COMMITTEE
Upon request of either party to this Agreement, the Department and the
Association shall appoint an equal number of representatives who shall meet to
discuss practices and policies relating to Floating for Registered Nurses.
- 80 -
SECTION 53 - LEAVE DENIALS
Any properly submitted request for educational leave, vacation leave, or other
leave of absence covered by this MOU shall normally not be denied without
written explanation.
SECTION 54 - STAT-CALL
A ten percent (10%) base salary differential shall be paid for those shifts on
which employees in classifications represented by CNA are specifically assigned
by the administration to respond to emergency stat-calls if said employees do
not qualify for other hazard assignment differential. A five percent (5%) base pay
salary differential shall be paid for those shifts in which said employees qualify
for other hazard assignment differential, said live percent (5%) to be in addition
to the hazard pay differential.
It is understood that acceptance of the assignment to stat-call is voluntary.
Additionally, acceptance of the assignment to stat-call is conditional on an
employee(s) having successfully completed required training. It is further
understood that the above-referenced salary differential is based on an
employee(s) actually being assigned to stat-call.
SECTION 55 - SPECIAL STUDIES
A. Retirement Benefits. 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 Tier I and Tier II retirement plans. This
committee will make use of the resources and advice of the County
Retirement Office and its staff and will report its findings and
recommendations to the County Administrator.
B. Dependent Care Salary Contribution.
Effective the first pay period in August 1.988, 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.
81 -
C. Classification Study.
The Health Services Department will submit a proposal to upgrade
assignments in Natal Department and Nursery to the Advanced Level of
the Registered Nurse deep class.
D. Education and Training Nurses. The County shall initiate a study,of the
Education and Training Nurse job classification within 60 days of the
adoptions of the MOU. The objective of this study is to evaluate the
current title, qualifications and responsibilities to determine an
appropriate salary range while maintaining this classification in the
bargaining unit.
SECTION 56 - 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 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 57 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
57.1 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.
572 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.
57.3 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 provision of this MOU shall
prevail. Those provisions of the Personnel Management Regulations within the
scope of representation which are not in conflict with the provisions of this MOU
- 82 -
and those,provisions of the Personnel Management Regulations which are not
within the scope of representation and as such remain in full force and effect.
57.4 'Duration of Agreement. This Agreement shall continue in full force and
effect from January 1 , 1994 to and including December 31 , 1995. Said
Agreement shall automatically renew from year to year thereafter unless either
party gives written notice to the other prior to sixty (60) days from the aforesaid
termination date of its intention to amend, modify, or terminate the Agreement.
Date:
CONTRA COSTA COUNTY CALIFORNIA NURSES ASSN.
Rose Ann DeMoro, Exec. Director
- 83 -
ATTACHMENT A
�
L Health Services Department
sT` Personnel Services
OFFICE OF THE DIRECTOR
_. Administrative Offices
597 Center Avenue,Suite 260
.p� s•, = ;� Martinez,California 94553-2658
k� (510)313-6600
OOsr'4COUPt� •�
November 1, 1994
Karen Kennedy
Labor Representative
California Nurses Association
8393 Capwell Drive 0200
Oakland, CA 94621
RE: CLINICAL LADDER COMMITTEE
Dear Ms. Kennedy:
This is to confirm agreement reached regarding establishment of a
Clinical Ladder Committee as described hereunder:
PURPOSE:
The committee will be challenged with the responsibility for
developing a mechanism whereby nurses are given recognition and
reward for clinical competence, knowledge and performance.
GOAL:
The recognition of excellence in nursing practice is one of the
significant and essential means by which to secure a higher level
of expertise in the delivery of nursing care to patients and
families..
It is the goal of the Health Services Department to provide nursing
staff with a mechanism to achieve clinical advancement thereby
encouraging nurses to remain in the clinical setting providing
direct services to patients.
It is our expectation that this advancement will contribute to
increased job satisfaction through the responsibility, achievement,
professional growth and recognition of their practice. -
CLINICAL LADDER DEVELOPMENT:
The committee will develop the following components of the clinical
ladder:
.d,A H7/O/N
Karen Kennedy
RE: MERRITHEW CARE DELIVERY MODEL
November 1, 1994
Page 2
- Criteria
- Application process
- Evaluation system
- Selection procedure by the Committee with confirmation
of appointment by the Director of Nursing
- Continuing eligibility
- Constructive feedback to candidates not selected
- Appeal process
- Compensation
The committee shall be composed of four (4) nurses chosen by the
Association and four (4) members chosen by the County. Health
Services Personnel shall be available on an advisory basis without
voting rights. Such services shall be available upon the request
of the committee. The committee shall make its recommendations no
longer than six (6) months after ratification of the new agreement.
Adoption of the clinical ladder shall be by mutual agreement only
and subject to the approval of the Board of Supervisors.
If this conforms to your understanding, please indicate your
agreement by signing in the space provided below.
Sincerely,
Lois Ellison
ISL Personnel officer
Confirmed
Ra en Kennedy
Labor Representative, C
ATTACHMENT B
s
E... Health Services Department
- Personnel Services
•% f --',• OFFICE OF THE DIRECTOR
Administrative Offices
O: i ren *^+s.:' 597 Center Avenue,Suite 260
Martinez,California 94553-2658
O (510)313-6600
'4 COUK
November 1, 1994
Karen Kennedy
Labor Representative
California Nurses Association
8393 Capwell Drive #200
Oakland, CA 94621
RE: ACUITY BASED STAPPING
Dear Ms. Kennedy:
This is to confirm agreement reached regarding acuity based
staffing.
Merrithew Memorial Hospital will continue its current practice of
staffing based on an acuity system, in conformance with
accreditation and licensure requirements of JCAHO and Title XXII.
A staffing manual describing the acuity system will be maintained
on each nursing unit and in nursing administration.
A joint committee will be convened for the purpose of establishing
an annual review module of the patient classification system. The
committee shall be composed of equal I numbers of labor and
management designated representatives who have been assigned
responsibility for acuity and staffing decisions. The Charge Nurse
for each unit/shift or designee will serve as the expert resource
to other staff on issues relating to the acuity system.
Problems or concerns about the acuity system should be referred to
the Professional Performance Committee (PPC) , as provided for in
section 35. The Director of Nursing or designee will meet with the
PPC upon request at a mutually agreeable time to discuss issues
related to patient care and nursing practice.
Hours of the charge nurses that are not available for patient care
shall not be counted in the hours per patient shift.
- 1 -
A410 (12/90)
Karen Kennedy
RE: ACUITY BASED STAFFING
November 1, 1994
Page 2
If this conforms to your understanding, please indicate your
agreement by signing in the space provided below.
Sincerely,
Lois Ellison
HSD Personnel Officer
LE.mk.
Im--abs
Confirmed
K-611=
en Kennedy
Labor Representative, CN7Aj
a
ATTACHMENT C
s
E L Health Services Department
Personnel Services
•; f / OFFICE OF THE DIRECTOR
Administrative Offices
597 Center Avenue,Suite 260
Martinez,California 94553-2658
.pO (510)313-6600
OOS-- -�
Tq COUK�
November 1, 1994
Karen Kennedy
Labor Representative
California Nurses Association
8393 Capwell Drive #200
Oakland, CA 94621
RE: MERRITHEW CARE DELIVERY MODEL
Dear Ms. Kennedy:
This is to confirm agreement reached regarding the Merrithew Care
Delivery Model.
The parties agree to create a Labor-Management Committee to
continue to develop the Merrithew Care Delivery Model, with the
goal of improving patient care at Merrithew Memorial Hospital.
The Committee will evaluate the current provisions of the pilot
program and work to further develop the program and communicate the
principles of the program to all nursing staff. Each committee
member shall have an equal voice in meetings and will be expected
to communicate with nurses in his/her area regarding the issues and
progress -of the Committee through verbal and/or written status
reports generated by the Committee. Final recommendations of the
Committee will be submitted to the Director of Nursing for
approval. Once the program is finalized, the Committee will be
charged with developing materials documenting the details of the
program and communicating these details throughout all applicable
units in the Hospital to ensure uniform adoption of the program.
The Committee will be composed of fourteen employees, seven of whom
will be designated by the Association. The Director of Nursing
will designate a chairperson for the Committee who shall provide
her with regular status reports. Copies of the final material
developed by the Committee will be given to the Director of Nursing
and to CNA's representative.
- 1 -
Karen Kennedy
RE: MERRITHEW CARE DELIVERY MODEL '
November 1, 1994
Page 2
If this conforms to your understanding, please indicate your
agreement by signing in the space provided below.
Sincerely,
Lois Ellison
SSD�Personnel officer
Confirmed
A LAI
Ka en Kennedy
Labor Representative, CNA
' ATTACHMENT D
SE L Health Services Department
=== Personnel Services
•: f OFFICE OF THE DIRECTOR
n0 r. Administrative Offices
597 center Avenue,Suite 260
Martinez,California 94553-2658
(510)313-6600
Tq COUK�
November 1, 1994
Karen Kennedy
Labor Representative
California Nurses Association
8393 Capwell Drive 1200
Oakland, CA 94621
RE: PERMANENT INTERMITTENT AND PART-TIME REGISTERED NURSES AND
FAMILY NORSE PRACTITIONERS
Dear Ms. Kennedy:
This is to confirm agreement reached regarding increases in hours
for Registered Nurses and Family Nurse Practitioners.
Permanent intermittent and permanent part-time employees of the
Hospital and Clinics Division who wish to have the hours of their
positions increased up to a maximum of full-time must so request in
writing during a thirty (30) day period beginning January 1, 1995.
Hospital and Clinic Administration will evaluate those requests
within thirty (30) days of the application deadline by considering
the actual work hours of the employee over the past six months and
the anticipated need for their assignment on an increased basis.
Those which are approved will be submitted for consideration by the
County as a P-300 request within an additional sixty (60) days.
Permanent intermittent and permanent part-time employees in the
Hospital and Clinic Division who do not submit a request to have
the hours of their position increased up to a maximum of full time
within the thirty (30) day period beginning January 1, 1995 or
whose requests are denied, may submit such a request during the -
month of July 1995. Those requests will be evaluated under the
same criteria as requests submitted during the first window period.
- 1 -
A410 (1290)
tie
Karen Kennedy
RE: PERMANENT INTERMITTENT AND PART-TIME REGISTERED NURSES AND
FAMILY NURSE PRACTITIONERS
November 1, 1994
Page 2
If this conforms to your understanding, please indicate your
agreement by signing in the space provided below.
Sincerely,
.-TIM
Lois Ellison
MS lgpersonnel Officer ,
Confirmed
AA �41 A I
k*ren Kennedy I.
Labor Representative, CN4//
ATTACHMENT D
Tentative Agement
Wages & Health Plan Adjustments
The County and the members of the Labor CoaiiaGion agme to jointty recommend that the Board of
Supervisors consider and adopt the following scakmew on wages and health plan adjustments for
the period October 1, 1993, to September 30, 1995.
1. Wages
Effccdwc July 1, 1994,increase salary by 10 levels(1.0045%).
Effcctiw January 1, 1995,k"case salwy by 10 levels(1.004596). Any net savings
sebievCd by the County from the r+eplaeement of the 1st Choice Health Plan by the
QualMod Heafth Plan for those efrgNe to a salwy hmase as provided Loran and which is
above Bre cost of the 20 level salary k=m Shall be added to the 1%salary imcnem
d3adw January 1, 1995.The Calfouaia Nurses Amodation,LAFF Local 1230,and the
Union of Anaa�aa Physicians and Dentists are cWbded from&ecce wage kauses and
subvention calcdations.The savings shad be eon>patad on a per cap basis as follows:
AL TLe County's"original cost"shall be computed by together the gross a6venticm
for each rqx+e adod employm in 1st Choice for the month of 10-01-93,the sunn then
k atased by 14%.
b. The County's"current cost"shall be computed by adding together the gross sub m-
dons of each represented employee who transferred from lot twice to Qudk&A for
the month 10-01-94.
C, The amount of money to be provided as additional monthly salary increases shall be the
"otinal cost"minus the"current cost"minus the monthly cost of the 20 Iced wage
i1wreases.
2. Cm-wwes Offered -
Fffecdw February 1, 1994,the County Will offer medical plans including Contra Costa
Health Plan(CCHP),Kaiser, QualMed,Delta Dental,and Safeguard Dental.
3. Health Plan Subvention
Effective 2IU94:
CCHP=County share 98%
QualMed/Kaiser HMO's=County Share 79%
QUW Med PPO=County share 77%to October 31, 1994.
Delta Dental=Increase annual maximum benefit per member from S1,0W 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 1/6/94 is accepted and is effective February 1,
1994.
8. Indemnification
The County will indemnify all unions in the Coalition in actions brought regarding
termination of the 1st Choice Health Plan.
9. Runout
The County agrees to assume all runout costs associated with termination of the 1st Choice
Health Plan.
10. Open Enrollment
Open Enrollment on a one-time basis shall be January, 1994, through February, 1994, and
shall subsequently be in November of each year.
Dated: January 13, 1994
For the County: For the Coann
7
L
.tel t�
Q-ate►.01 I(V0.4 l e L 01 ,/7
SUBJECT INDEX
Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Assignment of Classes to Units . . . . . . . . . . . . . . . . . . . . . . . . 7
Attendance at Meetings . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . 8
Bi-Lingual Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Call-Back Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Case Management Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Catastrophic Leave Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Compensation for Portion of Month . . . . . . . . . . . . . . . . . . . 14
Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Critical Care Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Damage to Personal Property 76
Days & Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Dental Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Detention Facility Differential . . . . . . . . . . . . . . . . . . . . . . . 72
Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Education Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Family Care Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Health Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Health & Welfare, Life & Dental Care . . . . . . . . . . . . . . . . . . . 54
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
,jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Layoffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Length of Service Definition . . . . . . . . . . . . . . . . . . . . . . . . . 79
y . , 54
Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Longevity Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Lunch Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Meal Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Medical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
MedicalCoverages . . . . . . . . . . . . . . . . . . . . . . .. . ... . . . . . . . 54
Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
No Discrimination/ADA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Nurse Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
On-Call Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PayEquity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Pay for Work in Higher Classification . . . . . . . . . . . . . . . . . . 17
Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Permanent Part-Time Benefits . . . . . . . . . . . . . . . . . . . . . . . 78
Permanent-Intermittent Benefits . . . . . . . . . . . . . . . . . . . . . 78
Personal Property Reimbursement . . . . . . . . . . . . . . . . . . . . 76
Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Physical Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Position Reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Pregnancy Disability Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 56
Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Provisional Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Provisional Employee Benefits . . . . . . . . . . . . . . . . . . . . . . . 78
Physical Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Reassignment of Laid Off Employees . . . . . . . . . . . . . . . . . . 29
Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Rejection During Probation . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Rest Breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Retirement Contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Scope of Adjustment Board & Arbitration Decisions . . . . . . . 68
h
.r • ♦ • �•M J i .
Scope of Agreement & Separability of Provisions . . . . . . . . 82
Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Service Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Shift Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
StatCall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
State Disability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Training Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Unfair Labor Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Vacation Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24