HomeMy WebLinkAboutMINUTES - 08111998 - C51-C53 • POSITION ADJUSIHENT REQUEST C.61 NO.
UATt 8/6M
Department No./ COPERS
Department Veterans' Svcs Office Budget Unit W.0579 Org N0.0579 Agency No. 87
Action Reques a Reallocate t e sa ar or the class of cunt Veter`ansr Services Officer
Al from M50 2192 055 to - at
PrWOSeQ eve a e• u�us ,
Classification Questionnaire attached: Yes a No a/Cost is within Department's budget: Yeses Noo
Total One-Time Casts (non-salary) associated with request: -- _-
Estimated total cost adjustment (salary/benefits/one time:
Total annual cost $ — Net County Cost S'
Total this FY $APPff N.C.C. this FY $7-
SOURCE OF FUNDING TO OFFSET ADJ
Department must initiate necessary adjustment and submit to CAD_
Use additional sheet for further explanations or comaents.
oT Wp—artinient a
REVIEWED BY CAO AND RELEASE TO HUMAN RE-SOURCES DEPAR ♦ r /-
DeputyPtftW AdminiStraygra
W" RESOURCES DEPARTMENT RECOMMENDATION DATE- /August 6, 1998
Reallocate the salary for the class of County Veterans' Services Officer (96A1)
from M50 2192 to M50 2311.($5,555-flat)
AM"AMAW*0 7'1/'(7 a"Ildm p P"itla w awl ronl4i"M anoc ttaq classes to"a&"WEM"*"JW7 MW&1e..
Effective: a Day following Board Action.
o August 1, 1998 (Date) a 4—L:��
or Director of Human Resources
ADMINISWTOR RECOMihfE[IDATION _, DATE:
A=
��ndation of Director of Haran Resources "��►
t� ti�sa�v+e R,ecu dation of Director of, HLww Regis
a '�i 6
♦ r
SM OF SUPERVISORS ♦ ON: Phil Ba l or, Clerk of the Board of Stpervi Sors
CJ !t and Coy nistr r
• BY:
SAL OF THIS ADJUSTMENT CONSTITUTE KPERSOWUS&MY RE'SOUJnON NO MENT
PMMON ADJLMSTWENT ACCTION TO BE COMPLETED BY IHLM RESOUM DEPARTMENT FOLLOWING BOARD ACTION
Adjust classes)/position(s) as follows:
If west is to Add Project positions/dl.,asses, please complete ether side
rw"»rawsans
SOL
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopt this Order on Auqustj 1, 1998 by the following vete:
AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier, Canciamilla
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Letter of Understanding }
with IA.FE. Local 1230 ) Resolution No 98i 417
1. The East Diablo Fire Protection District has met and conferred with United
Professional Firefighters, IAFF, Local 1230 and agreed upon wages,
benefits and certain other terms and conditions of employment for the
period January 1, 1998 through December 31, 1999 pending the
completion of a comprehensive Memorandum of Understanding.
2. The County Administrator has submitted a Letter of Agreement dated
August 6,.1998, a copy of which is attached hereto, which has been jointly
signed by representatives of the East Diablo Fire Protection District and the
Union and which summarizes said agreements noted above, and;
3. The Board having considered the Agreement, NOW THEREFORE:
The Contra Costa County Board of Supervisors in its capacity as Governing
Board of the East Diablo Fire Protection District, RESOLVES THAT:
Effective January 1, 1998, the Letter of Understanding with IAFF, Local 1230
attached hereto, is adopted.
I hereby certify that this is atrue and correct
copy of an action taken and entered on the
minutes of the Beard of Supervisors on the
date shown.
ATTESTED: ..,l :. ` ..
PHIL BATCHELCA, Clerk of/the Board
of S pervisors and County Administrator
By ,: 'x- .Deputy
Orig, Dept.: Human Resources-Director
cc: Human Resources- Labor Relations
Auditor-Controller(Payroll)
East Diablo Fire District- Fire Chief
IAFF Local 1230-Lou Paulson, President
1AFF Local 1230-Mike Impastato, Labor Representative
F; €Y. . Human Resources
Contra
--�' � - Department
Cosh
County •, .�P Administration Bldg.
°r;• . ..e.: 651 Pine Street,Third door
A COGr K Martinez,California 94553-1292
(510)335-1770
Leslie T Knight
Director of Human Resources
August 6, 1998
Mr. Mike Impastato, Labor Representative
[AFF Local 1280
East Diablo Firefighters Unit
112 Blue Ridge Drive
Martinez, CA 94553
RE: ECONOMIC TERMS & CONDITIONS FOR THE IAFF LOCAL 1230
1998-1999 MEMORANDUM OF UNDERSTANDING
Dear Mr. Impastato:
This confirms agreement to submit this Letter of Understanding outlining
negotiated wage agreements and other economic terms and conditions of
employment beginning January 1, 1998 through december 31, 1999 for approval
by the Board of Supervisors.
This letter expresses wage and benefit changes and other terms and conditions
of employment, agreed upon between the East Diablo Fire Protection District
(District) and the IAFF Local 1230 which shall be implemented upon approval by
the Board of Supervisors and expressed in a comprehensive Memorandum of
Understanding (MOU) which is being prepared. The Tentative Agreements
attached hereto are incorporated herein by reference.
A comprehensive MOU will be finalized by the parties as soon as possible and
submitted to the Board of Supervisors for further approval. Pending such further
approval, the terms and conditions of employment for employees 'represented by
Local 1230 are expressed in the last expired MOU, subject to the terms of this
Letter of Understanding.
1. DURATION OF MCU:
January 1, 1998 through December 31, 1999
2. QENE--- WAOfADJUSTMENI:
January 1, 1998 7.1 % increase
January 1, 1999 7.1 % increase
The January 1, 1998 increase will be paid in a Lump Sum/Retro Payment
to each employee for the months of January 1998 through and including
July 1998, without interest. The payment amount will be added to the
employee's September 10, 1998 paycheck and will be subject to normal
tax withholding and retirement deduction requirements.
3. DEFINITIQNS;
Include definitions for Demotion, Director of Human Resources, Employee,
Layoff List, Permanent Position and Promotion.
4. DU DED
Eliminate Agency Shop and define Dues Deduction process. The District
shall provide a monthly list of employees who are paying health and
welfare deductions to the Union.
5. ATTENDANQE AT MEETINGS:
The District will not pay for Association or Union meetings or functions.
6. UNION REPRESENTATIVE:
Official representatives of the Union shall be allowed a reasonable amount
of time off without loss of compensation or other benefits for meetings
during regular working hours when formally meeting and conferring in good
faith.
7. PAY WARRANTS:
Employee pay warrants shall be delivered to a work place designated by
the District by 12:00 PM on the 1001 and 251hof each month. Should the
10t` or 25�' of the month fall on Saturday, Sunday or a holiday, pay
warrants will be delivered by 12:00 PM on the preceding County workday.
8. QyRAE:
Overtime is authorized time worked outside of the regular work schedule.
9. SCK LEAVE-
include
Vinclude existing policy providing that sick leave credits shall accrue at the
rate of twelve (12) working hours credit for each completed month of
service. Employees who work a forty (40) hours week shall accrue sick
leave at the rate of eight (8) hours per month. Creditsto and charges
against sick leave are made in minimum amounts of one-tenth hour
increments. 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 certain conditions.
Employees who wish to use sick leave for prearranged doctor of dentist
appointments shall provide no later than forty-eight (48) hours notice prior
to the beginning of the shift during which the appointment is scheduled.
Paid sick leave credits may be used upon adoption of la child up to a
maximum of six (6) weeks. An employee may use paid sick leave credits
for working time used because of a death in the employee's family or of the
employee's domestic partner not the exceed three (3) working days plus up
to two (2) days of work time for necessary travel.
10. VACATION:
Employees will accrue vacation credits at the rate of 11.33 hours per
month. vacation credits may be used only after completion of six (6)
months service in a permanent position, but may be used to supplement
exhausted sick leave in cases of absence during the first' six (6) months.
Employees with six (6) 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 (6) months tenure in a permanent position for the
purpose of vacation leave.
11. FLQATIIN(m HOLIDAY:
Include existing policy providing effective on the August 10th payroll of each
year employees shall receive forty-eight (48) hours of Floating Holiday
time. Each August 9t', unused Floating Holiday accrual balances will
return to zero.
fd
12. UWE-QRM AALQWANCE:
Effective January 1, 1998, increase uniform allowance from $25 per month
to $30 per month.
13. RETIREMENT C 11,x$ E:
Eliminate implementation language associated with the enrollment of Unit
members as Safety members in the County Retirement Plan.
14. EIRE [DISTRICT ADMINISTRATIVE BULLETINS:
Remove Administrative Bulletins from the MOU.
15. cQNVER ION 10 55 HQUE WORK SQHED
Eliminate obsolete provision concerning conversion from 40 hour coverage
to 56 hour coverage on a station by station basis.
15. TAI=FING:
The minimum shift staffing in the East Diablo Fire Protection District shall
be seven (7). Fire station staffing within the District may be reduced below
the scheduled level in order to accommodate fire district programs. Said
level of staffing may be reduced by such events as the closure of a fire
station. Should management of the District change its policy with regard to
the minimum level of staffing, it will inform the Union of such proposed
change(s) and meet and confer with the Union over the effect of such
policy change(s) on workload and safety. The District will develop an
administrative bulletin regarding proper qualified relief.
17. PAYME TIPAYWARRANTERRORS:
Delete Administrative Bulletin #200 from MOU and move language
regarding Payment and Pay Warrant Errors into Section 5, Salaries, of the
MOU.
18. PROBATIONARY PERIOD:
Delete Administrative Bulletin #300 from MOU and move language
regarding probationary period into a new section of the MOU. Add that 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 probationary period shalt be automatically restored to the layoff
list, unless discharged for cause, if the person is within the period of layoff
eligibility.
19. C2RIEV NCE PROCEDUR
Remove Administrative Bulletin #310 from MOU and move language
setting forth the Grievance Procedure into a new section of the MOU.
20. Q MISSAL, SUSPENSION. DEMOTIQN AND REDUQTIQN-IN
SA )L
Delete Administrative Bulletin #320 from MOU and 'move language
regarding Dismissal, Suspension, Demotion and Reduction in Salary into a
new section of the MOU. Clarify that being at work while under the
influence of liquor or illegal drugs is sufficient cause for such action.
21. RESIG_NAMNS:
Remove Administrative Bulletin #330 from MOU and add new section
defining resignations to the MOU.
22. LA ..EE.;.
Add new section regarding layoff and seniority rules as well as a Seniority
List for layoff and displacement purposes to the MOU.
If the foregoing conforms with your understanding, please indicate your approval
and acceptance in the space provided below.
DATED: g/(,
FO 1STRICT: FOR IAFF LOCAL 1230:
FOR COUNTY:
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, 1998
Term of Agreement: 01/01/98 - 12/31/99 (2 Years)
Wages: 01/01/98 - 7.1% increase,
01/01/99 - 7.1% increase .
TENTATIV G E MENT
DATEd:
FOR THE C UNTY: FOR LOCAL 1230:
i 7�
1
C.52
8-11-58
TENTATIVEAGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, '1998
Counter to Union Proposal on DFFINITIQN-$
DEFINITIONS'
A. ppointing Author'itu: Fire Chief unless otherwise provided by
statute or ordinance or ether action by the Board of Supervisors.
B. 1, ass: 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.
C. Mass Title: The designation given to a class, to each position
allocated to the class, and to the employees allocated to the class.
D. Com ty: Contra Costa County.
E. etc : East Diablo Fire Protection District.
F. D r1F do r
position-in a claaa allQcated W a salary range for which the step
oCcm aLed•
Djmd r of Human Rse__ou.rcea
jj,F. EHgL121e: Any person whose name is on an employment list for a
given class.
te� t f n
leame f absen6e in aoordanco with r vi i f this
2
C.52
8-11-98
11. of t ( t1
return.
JG. Employment List: A list of persons, who have been found
qualified for employment in a specific class.
I{. Layoff Li list of.persons who have occupied positions alloQated
to class in the Districtand who been involuntarily separated by
layoff or displacement or who have voluntarily demoted in lieu of
layoff.
L. Permanent Position: Any posi#ion which has reouireda-or which will
require the services of an incumbent without interruption for an
indefinite period.
M. Promotion.: The change of a l-' rmanent 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
ecce
N_14. Position: The assigned duties and responsibilities calling for the
regular full-time employment of a person.
tQt Resignation: The voluntary termination of permanent employment
with the District.
P'J. Union: International Association of Fire
Fighters: Local 123-0.-AFL-C-1-0.
TENTATIVE AGREEMENT
DATED: IK 141
FOR THE COUNTY FOR LOCAL 1230:
f '
L_Z'_�x
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - 'EAST DIABLO
AUGUST 3, 1998
Amend Section 2 as follows:
2.1 Dues Deduction. Pursuant to Board of Supervisor's Resolution
8111165 Chapter 34-26, only a majority representative may have dues
deduction and as such the Union has the exclusive privilege of dues
deduction eF agInntll dUGtieR for all employees in its units.
Dues deduction shal be based on the vol t writ -authorizationthe
employee which shall remain in effeQt-solong as th!a -employeer i in
it rs td the-Unionri ion, is canc l
-ed in
writing by the emplQyee in accordance withthe r v' i in
f The, dues daductionll be fQr, a apecifiedt and
uniformUnion,
defend and hold the Distdct-
institutedany.sult
Union shall refund to the District any amounts paid to it in 'error upon the
presentation of supporting evidence.
nce
2.2
The
#-"r%f, ill Glasses Feprze69Rted by the UnieR .Fega4ass
t.e..R;iR.ati--R of the MOW, shall as a GeRditieR of empigyme;#
4
C.52
8-11-98
• pay to the Union,
f statutory,
an
Gase t j
*RitiatiOR fees and -66e6SFR8RtG made dwFing the2. de beth of the Wini.
GG-Rdifin-m Of i
: to a AGR FeligiOUS, f
GhaF'table fund Ghosen by the employee fmrn the
f
Pundf
1
f
shall as5
C.52
8-I3-98
uRieY
WhiGh
le r-e
undeF pe
QR F9
th
GOPYL
lictFif)G9111"Ifirlet tap.
paw
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6
C.52
8-11-98
to the repF868RtatiOR URit. SepaFation as defined
G)Ut Of the r
layG#, and leave elfAnnually,
the WRiGR shall provideof
t
LIGtiGnS
without jeepardy to aRY
r
r
Per-soRnel Department.
within thiFty (30) GaaleRdaF days aftep notGe of this agenGy
and the WniGR
dues, ageRry shop4se,
SeGtion 2.2.B.3 aFe Rat
r the WRioR may,
wFitingr
employee's
r
iRr
y- shall--be
FedUGed by an amauRt equal to the agenGy shop fee a
the Geui;ty shall pay aR equal amount to the Unic)Ro
bjeGtGF
GbjeGrI Fee 191 w
7
C.52
8-11-98
sha - FRO
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aft io
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ort J`�mf
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C.52
8-tI-98
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providedb the nioa and sh,all have d d cte r_Qm their s the
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# # t � E" " «- !' REt ` #t " tt ! " R E ` E • t *- �= -=
REsit ♦ E # • E _ ` • ^ # I olRATA Et ' #10 OI ,.MAIN r-RROA q A V-WfJ RON NT&1 MW _ • E
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C52
8-11-98
thirty Auditor--Con-I I subalit to the ion a list
f the employeesv
deduction.
2-3 22,5 Communicating With Ems, ees The Union shall be allowed
to use designated portions of bulletin boards or display areas in District
buildings or in offices in which there are employees represented by the
Union, provided the communications displayed have to do with official
organization business such as times and places of meetings and further
provided that the Union appropriately posts and removes the information.
The AppOiRtiRg Autherity Fire Chief reserves the right to remove
objectionable materials.
Representatives of the Union, not on District time, shall be permitted to
place a supply of employee literature at specific locations in District
buildings if arranged through the Employee RelationsOfficer; said
representatives may distribute employee organization literature in areas
designated by the dire Chief if the nature of the
literature and the proposed method of distribution are compatible with the
work environment and work in progress.
Such placement and/or distribution shall not be performed by on-duty
employees. The Union shall be allowed access to work locations in which
it represents employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance, and/or to contact a union
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the
above purposes is the reason for the visit, will be made with the e*"
.A.UtheFity Fire Chief or designee and the visit will not interfere with the
rl
C.52
8-11-98
District's services.
2A_22,&.6 Use Qfi tri ict Buildings, The Union shall be allowed the use
of areas normally used for meeting purposes for meetings of District(s)
employees during non--work hours when:
A. such space is available and its use by the Union is scheduled twenty-
four (24) hours in advance;
B. there is no additional cost to the District's);
C. it does not interfere with normal District operations;
D. employees in attendance are not on duty and are not scheduled for
duty;
E. the meetings are on matters within the scope or representation.
The administrative official responsible for the space shale establish and
maintain scheduling of such uses. The Union shall maintain proper order
at the meeting, and see that the space is left in a clean and orderly
condition. The use of District(s) 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--S 2.7 Advance Notice. The Union shall, except in cases of
emergency, have the right to reasonable notice of any ordinance, rule,
resolution or regulation directly relating to matters within the scope or
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.
12
C.52
8-11-98
In cases of emergency when the Board, or boards and commissions
designated by the Board determines it must act immediately without such
notice or meeting it shall give notice and opportunity to meet as soon as
practical after its action.
2.8 List of Employees with Dues Deduction The District shall
provide the Union with a monthly list of employees who are paying dues to
the Union and a monthly- list-of employ-eea who are paying he th and
welfare deductions t the Union.
2.9 Assignment of +Classes to Barcrainina Units. The_
Labor Relations Manager shall assign new classes in
accordance with the following procedure:
A. Initial Determination: When a new class title is established, the
Labor 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 the determination.
B. Final Determination: The abo
Relations Manager's 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: The Employee Relation&-QffiGef
Labor Relations Manager 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-day period in subsection (B), 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 Resolution 81/1165.
2.10 Written Statement for New Employees. The District(s) will provide
13
C.52
8-11-98
a written statement to each new employee hired into a classification in any
of the bargaining units represented by the Union, that the employee's
classification is represented by the Union and the name of a representative
of the Union. The County will provide the employee with a packet of
information which has been supplied by the Union and approved by the
County.
2.11 Modification Decertification For the duration of this
Memorandum of Understanding, the following shall apply:
ResolutiQn BILI1 e ti 34-12.0 - Unit Chet rmi ti (a) shall be
modified in the first paragraph to delete the ten percent (10%) requirement
for an employee organization intervening in the unit .determination process
and substitute therefore a thirty percent (30%) requirement.
Resdution -81LI 105 Section 34-12.Ql2 - Election Pr (b) shall be
modified in the first paragraph to delete the ten percent (10%) requirement
for any recognized employee organization(s) to appear on the ballot and
substitute therefore a thirty percent (30%) requirement.
n ion 34-12.016 Mo ification of Representation
UnRs shall be modified in the first sentence by adding words to the effect of
"most recent" to the date of determination. This section shall be modified
in the second sentence to require that petitions for modification of a
representation unit be filed during a period of not more than one hundred
and fifty (150) days nor less than one hundred and twenty (1 20) days prior
to the expiration of the Memorandum of Understanding in effect. The last
sentence of this section shall be modified so that modification of a
representation unit shall not negate the term of an existing Memorandum
of Understanding between the District(s) and the recognized employee
organization of the unit prior to the modification proceedings.
shall be
modified in the first sentence by adding words to the effect of "most recent"
to the date of formal recognition and by requiring the petition be submitted
during a period of not more than one hundred and fifty (150) days nor less
than one hundred and twenty (120) days prior to the expiration of the
Memorandum of Understanding in effect.
14
C.52
8-11-98
TENTATIVE ATRI)EMENT
DATED:
FOR THE COUNTY: FOR LOCAL 1230:
15
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 rEAST DIABLO
AUGUST 3, 1998
Amend Section 4.1 in the MOU as follows:
4.1 Attendance at Meetings. Employees designated as official
representatives of the Union shall be allowed to attend meetings held by
County/District agencies during regular working hours on District time as
follows:
a. if their attendance is required by the District or County at a
specific meeting;
b. if their attendance is sought by a hearing body for presentation
of testimony or other reasons;
C. if their attendance is required for meeting required for
settlement of grievances filed pursuant to Section (NEW).
Grievance Procedure, of this,memorandum:
d. if they are designated as an official representative, in which
case they may utilize a reasonable time at each level of the
proceedings to assist an employee to present a grievance;
e. if they are designated as spokesperson or representative of the
Union and as such make representations or presentations at
meetings or hearings on wages, salaries and working
conditions; provided in each case advance arrangements for
time away from the employee's work station or assignment are
made with the Appointing Authority;
f. if their attendance does not conflict with Fire District emergency
operations.
The-District will not Day for A tion or Union meetingsf
16
C.52
8-11-98
TENTATIVE A R EMENT
DATE[1:
FOR THE COUNTY: FOR LOCAL. 1230:
17
C.52
8-11-J8
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUIGUST 3, 1998
Modify Section 4.2 as follows:
4.2ni n Rer sentative Official representatives of the Union shall be allowed
a reasonable amount of time off without toss of compensation-or r benefits
for meetings during regular working hours when formalty meeting and
conferring in good faith or consulting with the Employee Relations Officer or
other management representatives on matters within the scope of
representation, and that advance arrangements for the time away from the
work station or assignment are made with the AppoiRting thoriP.Y ire Chief
and their attendance does not conflict with Fire District emergency operations.
TENTATIVEG EEMENT
DATED—
FOR THE COUNTY- FOR LOCAL 1230:
i
low
!O
C.52
8-11-98
TENTATIV'E'AGREEMENT
LOCAL 1230 - EAST DIAELO
AUGUST 3, '1998
Section 5.1 Pay Warrants
Employeev
the District(s) by g.:00 12:00 p.m. on the 01 and 25 of each month
Should the 1 t1, r 2 tt' fthe-month fall on Saturday,
pay warrants willbe delivered by 9,0�. 12:OQ D.m. on the pmQedinn
County workday.
TENTATIVE AGRPE.MENT
DATED:
FOR THE COUNTY: FOR LOCAL 1230:
r
c� +
r� \
19
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, 1998
EC 6-.OVERTIME
Overtime is authorized time worked outside 40 hauFs p9F week.the ria
work schedule. Overtime shall be compensated for at the nate of one and
one-half (1-1/2) times the employee's hourly rate of pay. Overtime for
permanent employees is earned and credited in minimum of one-tenth
hour increments.
TENTATIVE G
E
EMENT
DATED.
FOR THE COUNTY: FOR LOCAL 1230:
20
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - 'EAST DIABLO
AUGUST 3, 1999
EC" 7- SICK LEAVE
Leave credits shall accrue at the rate of
eight #4 twelve (1 2) working hours credit for each completed month of
service. Employees who work a portion of a month are entitled to a pro
rata share of the monthly sick leave credit completed on the basis as is
partial month compensation.
Credits to and charges against sick leave are made in minimum amounts
ofU-2 heur- JIG- minute' one-teth- hour increments. Unusedsick leave
credits accumulate from year to year.
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 District and may be used only as authorized and in
accordance with District Administrative Bulletin No. 240 (Sick Leave).
Employees who-m k-a fo u
rate o. eight ($moo.- lr month
leave may ientiv disabled em. lovees until all ar&rual$ Qf
the-e hayg-J)Dm =bausted -is retired by the
Retirement Board. su�iect to the foil ditions:
A. an appk-donlx •r
theRet r-ement Board
B ti lv' nce of such-disability ia received bv
t inti t it i i h' t
art
use ck leve for p!arman nt disability•
21
._....... .......... ........._......
__ ...... ........ . ...................... .. .......... .__..._.. ......... ._......_..__.
C.52
8-I3-98
Q. the appointing authority may review
ord r urther examinations s deemed necessary, and may-
terminate
ay_
t i tleave- when
demonstrates t Idisabled,
aDDOintingty--. determines th6A t l
submitted by t insufficient.
conditions have not been met.
Prearraoged Medical Am t Employees who wish to ugie sick
leave for r arr n edo-dor-or dentiat appointmentsllno-tify their
appropriatesu ervis r of the appaintment son s possible but no later
than forty_ eight (48) hours�prior to the beginning of the shift during which
the appointment is scheduled.
Legal Adoption of-a-_Qbild - Paid sick leave cre- its m y be Eased by an
i
Death of Family Member. An employee may use paid siQk leave Qredits for
,
-working time used because.-o-f-a-death in the
sjmmpdiate family
partner -but t .
leavewoting days. plus up totwo M days-of-work time for neosoU tLavel,
Use.--of.,additional aQQruals---other- than sick
leave
authodtyy,
TENTATIVE GREEMENT
DATED:
FO NE C1UN FOR LOCAL 1230:
i
22
C.52
8-11-98
TENTATIVE:. AGREEMENT
LOCAL 1230 - 'EAST DIABLO
AUGUST 3, '1998
Amend Section 8, Vacation, as follows.
SECTION 8 - VACATION
8.1 Effective May 1, 1995 employees will accrue vacation credits based
upon straight time hours of working time per calendar month. Accrual shall
be at the rate of 11.33 hours per month.
Accruals will accumulate month to month to a maximum of 460 272 hours.
Accruals for portions of a month shall be in minimum amounts of one (1)
hour calculated on the same basis as for partial month compensation.
Vacation credits may be taken in 112 hour (30 minute) increments but none
shall be allowed in excess of actual accrual at the time vacation is taken.
V
im.a.permanent position,
leave in cases of absence during the first six months
8.2 Vacation Leave on Reemploy ent from a Layoff is t. Employees
i ,t
*
taken.
All provisions of District Administrative Bulletin No. 280 (Vacation) shall
apply.
23
C.52
8-11-98
TENTATIVE ARE MENT
DATED.
FOR THE COUNTY: FOR LO 1230;
24
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIAELO
AUGUST 3, '1998
SECTION 9 FLQATING HOLIDAF=49GWe May Y
T -1-11 aGGFU8 fiGatiAg holiday Gr
4995 e C-Inni -edits at
. Effective on the August 110 pay Ion .a-Qh year
e r ive forty-eight 4 hours-of. t` time.
Floating holiday accruals will ethepNi be administered and utilized under
conditions identical to vacation accruals, except that effective jug-
each August 9t'' , unused Floating Holiday
accrual balances will return to zero.
TENTATIVE AGREEMENT
DATED:
FOR THE COUNTY: FOR LOCAL 1230:
25
C.52
8-I1-98
TENTATIVE AGREEMENT
LOCAL 1230 -'iEAST DIAELO
JULY 1, '1990
Amend Section 10 as fellows:
SECTION 10 - UNIFORM ALLOWANCE
10th pay , All members of the Unit shall be paid a uniform
allowance of $2-5 X30 per month. This allowance shall be for the purchase
and maintenance of uniform clothing described in, District Administrative
Bulletin No. 140 (Uniform}�
dam - .
TENTATIVE AG E MENT
DATED.
FOR THE COUNTY. FOR LOCAL 1230:'
26
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 -'EAST DIABL O
AUGUST 3, 1998
Amend Section 11, Retirement Coverage, as follows:
T 10 N 11 - RET R MEN VER E
T
.he 'Pertti-11- w III
a
Pursuant to Government Code Section 31581 .1 the District will pay fifty
percent (50%) of the retirement contributions normally required of
employees-. Such payments shall continue for the duration of this MMU,
May 1, 1995 to December 31, 1007. Employees shall be responsible for
payment of the employee's contribution for the retirement cost of living
program as determined by the Board of Retirement of the Contra Costa
County Employee's Retirement Association without the County paying any
part of the employee's share. The County will pay the remaining one-half
(1/2) of the retirement cost-of-living program contribution.
TENTATIVE R
tj4j�)EIUIENT
DATED: ---
FOR THE COUNTY: FOR LOCAL. 1230:
)77
27
c.sz
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 _iEAST DIABLO
AUGUST 3, 1993
Delete Section 15 and remove the Administrative Bulletins from the MOU
EC -l[ON 15 _ PRE DIS-T-R.1 �r nrtirn�I�lrc-r-nn�r��l� ex�1t t E-ri��c '
_+r_� eV • iY■�fifr
all Pre nis * + A ted-below
7
iRtG this A.40-1-1 --r-e made a Part, h re—
sef. forth herein.
S i Gl
Health &AAA4-
Personnel Regulatiens 41-0
HaFa8st
Safety
Uniforms J AQ
VAlnrk i``eh rlylinn
Pay P94a-u6 20G
TiMe- =4s tin
Shite 1 a�r Re--a-l' I'M
SiGk Leave ')AA
VaGatieR
Probation '2gn
vvv
GF{e`yanGE3 ,P--FgGed •r«rare
DisGiplinaty e rtiGRG 320
PfomotiA19n ', An
of th Union.
28
......... ......... ......._.._._...1.111
.. ........... . _............. _....... ......... . ....................
C.52
8�1i-98
TENTATIVE AC EEMENT
DATED:
FOR THE COUNTY. FOR LOCAL 1230:
29
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, 1998
basis.SECTION 46----CONVERSION TO 56-14OUR WORK SCHERULE
GtatiGR
TENTATIVE G EM NT
DATED:
FO THE C LINTY: FOR LOCAL 1230:
30
C.52
S-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, 1998
SECTION (NEW) - MINIMUM STAFFING
The minimum shift staffing in the East Diable Fire Protection District shall be
seven
Fire station staffing within the District may be reduced below the scheduled level
in order to accommodate fire district pLograms. Said level of staffing ma be
reduced 4y, such events as the closure of a fire station. Should management of
the District chane its policy with regard to the minimum levelof staffing, it will
inform the anion of such proposed change(s),and meet and confer with the Union
over the effect of such policy change(s) on workload and safety.
The District will develop an administrative bulletin re ardin ro er ualilied
relief.
TENTATIVE AGREEMENT
DATED: _ 2 .
FOR THE COUNTY. FOR LOCAL 1'230:
C.52
8-1198
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, 1998
Delete Administrative Bulletin #200 and add to Section 5, Salaries, new
subsections entitled Payment and F'ay Warrant Errom
Revised: 04-06-P5
On the tenth (40th) day ef eaGh MgRth, the AuditeF will draw a waFFaF#
, ,
that eai
salaFyt
.
Employees who aFe inadvertently ever-paid are r-espensible for repayme
of an Questions about youF pay should be taken up
with-your supen.4so-r- or the payr-ell seGr-etaFy:.
s
mistake by the Auditor
r
i
Audite. v
Saturdays,
Sundays and
31
C.52
8-11-98
Section 5 - SALARIES:
(NEM- Payment. On the tenth (10th) day of each month, the Auditor will
draw a warrent upon the Treasurer in favor of each employee for the
amount of salary due to the employee for the preceding month; provided,
however, that each employee 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 a warrant upon the Treasury in favor of
such employee.
The advance sball be in an munteu t n -tir 1 at the
option f the m o ee f the employee's- basic 1 the vi
month t th t it shall not x the. amount of t r vi t '
basic salafy less all r t r required ti
(NEW) Pay Warrant Errors. If an employee receives a pay warrant which
has an error in the amount of compensation to be received, and if this error
occurred as a result of a mistake by the Auditor-Controller's Department, it
is the policy of the Auditor-Controller's Department that the error will be
corrected and a new warrant issued within 48 hours,(exclusive of
Saturdays, Sundays and holidays) from the time the Department is made
aware of and verifies that the pay warrant is in error.
TENTATIVE AQREMENT
DATED: 9
EO T E C LINTY: FOR LOCAL 1230:'
32
......................I................................. .................... .......-... .........
... ...............
C.52
8.11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, 1998
Delete Administrative Bulletin #300 from MOU and add new section,
SECTION (NEW) - PROBATIONARY PERIOD
X Duration. All appointments from officially promulgated employment lists
for original entrance or promotion shall be subject to a one (1)- year
probationary period. This peFin-4- shall be fGF GR9 (I),yeaF
R. I isted belew aFe th069 Glasses w.iiGh have pr-ebatie;; period r-,-;
1 . Fire Gapt
2. SaRiei: FiFefighter
3. FiFefighter
Classes with Changed Probationary Periods- 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.
A. Probation Period Time, The probationary period shall date from the
time of appQintment to-a-full-time position. empleymeM, eF pFebatiOR.
Rejection of pr-ometei;al Dubo-g—Probation: An employee may be
rejected during the probation period.
1 . Appeal from Refection: 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, religious or union activities, race, color, national origin,
sex, age, handicap or sexual orientation.
2. The appeal must be written, must be signed by the employee and set
forth the grounds and the facts by which it is claimed that grounds for
33
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C52
8-11-98
appeal exist, and must be filed through the P-efsoAA91 Assistant Fire
Chief of the District by 5:00 p.m. on the 7th calendar day after the
date of delivery to the employee of notice of rejection.
3. The Personnel Chief shall consider the appeal. He may refer the
matter to the Fire Chief for hearing, recommend findings of fact,
conclusions of law and decision. The rejected probationer has the
burden of proof.
4. If the Fire Chief finds no probable cause for a hearing, he shall deny
the appeal. If, after hearing, the Fire Chief upholds' the appeal, the
appellant shall complete only the remainder of the probation period
unless the Fire Chief specifically order that the.appellant begin a new
probation period.
F-. New Employees: The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period. Upon
successful completion of probation, the employee's supervisor will send
the District personnel Chief a letter stating that the individual has
performed satisfactorily and 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 these Administrative
Bulletins without notice and without right of appeal or hearing. If the
appointing authority has not returned the probation report, a probationary
employee may be rejected from the service within a reasonable time after
the probation period for failure to pass probation. If the appointing
authority fails to submit, in a timely manner, the proper written documents
certifying that a probationary employee has served in a satisfactory
manner and later acknowledges it was the appointing authority's intention
to do so, the regular appointment shall begin on the day following the end
of the probationary period.
G. Layoff During Probation: An employee who is laid off during probation,
if re-employed in the same class by the same district, shall be required to
complete only the balance of the required probation:
t` During. Probati-on--of Layoff EmplQyee -An--�e'rriployee who-has
_achieved permanent status in the class before IaYQ-ff--and who
34
C.52
8-11-98
subsequently is appointed from the layoff list-and then rgieded-during trhe
i2r-Qbati!Qo Period giball l2e automatically restored---to-the layoff li.51. unless
TENTATIVE AGRFEEMENT
DATED,:
FO, THE COUNT1,4
FOR LOCAL 1230:
R
/47
35
C.52
8-11-48
TENTATIVE AGREEMENT
LOCAL. 1230 - EAST DIAELO
AUGUST 3, 1998
Remove Administrative Bulletin #310 from MDU and add new section as
follows:
dministrutive Bulletin
Revi,$$d04 4- 0-5 stat„ #31
SECTION (NEW) GRIEVANCE PROCEDURE
SEGT-It"` N I GRIEV11h1G L7R1 1f' I11 IL?
(NE1t l I. Definition and Procedural Steps'. A grievance is any
dispute which involves the interpretation or application of any provision of
this Memorandum of Understanding (excluding, however, those previsions
of this Memorandum of Understanding which specifically provide that the
decision of any County/District official shall be find, the interpretation or
application of those provisions not being subject to the grievance
procedure) or disciplinary actions. The Union may represent the employee
at any stage of the process. Grievances must be filed within fifteen (15)
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 a
provision of this Memorandum of Understanding has been
misinterpreted or misapplied to the employee's detriment shall
discuss the complaint on an informal basis with the employee's
appropriate Chief Officer who shall meet with the 'employee and
respond to the grievance within five (5) duty shifts, or ten (10)
workdays iR the GaGe a wb.en a grievance is filed by employees
assigned to a forty (40) hour workweek, of a request to hold such a
meeting.
36
_..._ ......... ......... ......... ......... ......... .........
.._... ....... ........ ......... ................................_....... ........... ......... ......... ..........
C.52
8-11-98
B. Step 2. If a grievance is not satisfactorily resolved in Step 1 above,
the employee may submit the grievance in writing ;within five (5)
calendar days to such management official, other than the Chief
Officer who participated in Step 1 above, as the Fire Chief may
designate. This formal written grievance shall state which provision
of the Memorandum of Understanding has been misinterpreted or
misapplied, how the misinterpretation or misapplication has affected
the employee to the employee's detriment, and the redress the
employee seeks. A copy of each written communication on a
grievance shall be filed with the Director of Human Resources. The
designated management official shall have ten (10') workdays in
which to respond to the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above,
the employee may appeal in writing within five (5) workdays to the
Director of Human Resources. The Director of Human Resources or
designee shall have fifteen (15) workdays in which to investigate the
merit of the complaint ate--; meet with the Fire Chief or designee
and the employee to attempt to settle the grievance, and tG respond
in writing to the employee and the employee's Union representative.
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 five (5) calendar days of the written response
of the Director of Human Resources or designee. If the parties are
unable to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this Memorandum of
Understanding, such grievance shall be submitted in writing within
five (5) calendar days to the Director of Human Resources
requesting that the grievance be submitted to an Adjustment Board.
Such Adjustment Board is to be comprised of two (2) union
representatives, no more than one (1) of whom shall be either an
employee of the District or a member of the Union presenting this
grievance, and two (2) representatives of the District, no more than
one (1) of whom shall be an employee of a District covered by this
MOU, or a County employee or a member of the, staff of an
organization employed to represent the District in the meeting and
conferring process. The Adjustment Board shall meet and render a
37
C.52
8-11-98
decision within fifteen (15) calendar days of receipt of a written
request.
E. Step 5. If an Adjustment Board is unable to arrive at a majority
decision, either the employee (or the County/District, when alleging a
violation of Section 7 of the MOU) may require the grievance be
referred to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Director of Human
Resources. Such request shall be submitted within ten (10) calendar
days of the rendering of the Adjustment Board decision to the
Director of Human Resources (or the designated representative of
the Union when the County/District is alleging a violation of Section 7
of the MDU). Within thirty (30) calendar days of the request for
arbitration, the parties shall mutually select an arbitrator. The fees
and expenses of the arbitrator and of the Court Reporter shall be
shared equally by the employee and the County. Each party,
however, shall bear the costs of its own presentation, including
preparation and post-hearing briefs, if any.
F. For the purposes of this Administrative Bulletii; (Status #340) .section
the term "workday' shall be defined as any day except a Saturday,
Sunday or holiday.
11 SGGPF OF ADJUSTMENT-STl ENT- BOARD AND A R_94 R Ttf" N (1CGI-RI1"1NIL
2. Sco a 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 Union which has been
certified as the recognized employee organization for such unit and
unless such dispute falls within the definition of a grievance as set
forth in Section LA above.
C. Proposals to add to or change this Memorandum of Understanding or
to change written agreements supplementary hereto shall not be
38
C.52
8-11-98
arbitrable and no proposal to modify, amend, or terminate this
Memorandum of Understanding nor any matter or subject arising out
of or in connection with such proposals, may be referred to arbitration
under this Section. Neither any Adjustment Board nor any arbitrator
shall have the power to amend or modify this Memorandum of
Understanding or written agreements supplementary hereto or to
establish any new terms or conditions of employment.
D. If the Director of Human Resources in pursuance of the procedures
outlined in Section LC above, or the Adjustment Board in pursuance
of the provisions of Section LD 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 lust time; but, in
the event that the grievance is carried to arbitration and such
employee is found to have been properly discharged under the
provisions of Section (N
Dismi-asal. such
employee may not be ordered reinstated and no penalty may be
assessed upon the County/District.
CEGT-QN III. TIME LIMIT
(NEWJ 3. Time Limits. The time limits and steps specked above may
be waived by mutual agreement of the parties to the grievance. If the
District fails to meet the time limits specified in Steps 1 through 3 above,
the grievance will automatically move to the next step. If a grievant falls to
meet the time limits specified in Steps 1 through 5 above, the grievance
will be deemed to have been settled and withdrawn.
r JQ I W. F=GRMel PR _ CCnI"I" °Anna
JNEW} 4. Formal Presentation. An Official, with wham a formal
grievance is filed by a grievant who is included in a unit represented by the
Union, but is not represented by the Union in the grievance, shall give the
Union a copy of the formol presentation.
! /'T'It�ISI 11 f"'1"1N11pENSATION rrinn I I ITQ
(NEW) 5. __Compensation Complaints, All formal complaints involving or
concerning the payment of compensation shall be initiallyfiled in writing
39
C.52
8-11-98
with the Fire Chief. Only complaints which allege that employees are not
being compensated in accordance with the provisions of this Memorandum
of Understanding shall be considered as grievances. Any ether matters of
compensation are to be resolved in the meeting and conferring process, if
not detailed in the Memorandum of Understanding which results from such
meeting and conferring process, shall be deemed withdrawn until the
meeting and conferring process is next opened for such discussion. No
adjustments shall be retroactive for more than six (6) months from the date
upon which the complaint was filed. No change in this Memorandum of
Understanding or interpretations thereof (except interpretations resulting
from Adjustment Beard or arbitration proceedings hereunder) will be
recognized unless agreed to by the District and the Union.
Q-1lQN V1. Q t, Q ° C1F1= GF= OR BOARD t'1F C1.IRJER1n4'_ [fie
6e CAO's Office or Board of Supervisors. The Union may file a
grievance at Step 3 on behalf of affected employees when action by the
County Administrator or the Board of Supervisors violates a provision of
this Memorandum of Understanding.
1=t-11T1nf%11111 1 t_"-1?OGC)�►-s'IAAA1 #f"1
" ��--� rrpTr_�r-_r_ra_
7. Leiters of Reprimand, Letters of reprimand are subject to the
grievance procedure but shall not be processed past Step 3. Letters of
reprimand shall be served personally or by certified mail on the affected
employee. A copy of the letter of reprimand shall be placed in the
employee's official personnel file maintained by the District.
TENTATIVE APR EM NT
DATED.
FOR THE C LINTY: FOR LOCAL 1230:
4
40
1.11111''..''I''',.......................................................................................................................................................................
....................................................................................
C52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, 1998
Delete Administrative Bulletin #320 and add new section to MMU.
Administrative BU118till
Status # 320
Qi6GiP1i-a-' At-fienS
SECTION (NEW) - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION LIN LARY
(NEW 'I) Sufficient Cause for Action
The District may reduce in salary, dismiss, suspend, or demote any
employee for cause. The following are sufficient causes for such action;
the list is indicative rather than inclusive- Qf restridons and Aismissal,
suspensioo. dernotion.- -Qr x-educlign in salary -may be .based on reasons
other than those apes fically-mentioned:
A. Absence without leave.
B. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the District into disrepute.
D. Disorderly or immoral conduct while on duty or representing the
District.
E. Incompetence or inefficiency.
F. Insubordination.
G. Being at work un-able to safely and e#eGtively pegan-P job duties
while under the influence of liquor or illegal drugs, carrying onto the
premises liquor or illegal drugs or consuming or using liquor or drugs
during work hours and/or on District premises. (The District may
require medical testing to determine cause.)
H. Neglect of duty, i.e. non-performance of reasonabley assigned
responsibilities.
1. Negligent or willful damage to public property or waste of public
supplies or equipment.
41
....................................................
................ ............ .......
C.52
8-11-98
J. Violation of any lawful or reasonable regulation or order given by a
supervisor or Fire Chief.
K. Willful violation of any of the provisions of these Di,5trict-s
Administrative Bulletins.
L. Material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment.
M. Misappropriation of District funds or property.
N. Unreasonable failure or refusal to undergo any physical, medical
and/or psychiatric exam and/or treatment authorized by the
Administrative Bulletins.
O. Dishonesty or theft.
P. Excessive or inexcusable absenteeism and/or tardiness.
Q. Sexual harassment including but not limited to unwelcome sexual
advances requests for sexual favors, and other verbal, visual or
physical conduct of a sexual nature, when such conduct has the
purpose or effect of affecting employment decisions concerning an
individual, interfering with an individual's work performance, or
creating an intimidating, hostile or an offensive working environment.
This list is iRdiGative Father thall imr-hisive of resti;irAiens and di6FRi66
11-1-6.0 G al-I
Suspension, dernnfign---n-F Fed6IGtiGR iR E;a!aFy may be based 9i; FeaE;9
other-thaR. these
Reduction in salary shall not exceed five percent (5%) of the employee's
base salary for a period of more than sixty (60) consecutive calendar days.
(NEW1.2 Skelly-Requirements: Notic-e-of-P-ropQsed Action kSkelly Notio-�
Before taking a disciplinary action to dismiss, suspend for more than five
(5) work days (48 hours for employees on a 56 hour work week).,
tem poradly reduce the pay of or demote an employee, the District 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.
42
..............
c.sz
8-11-98
C. If it is claimed that the employee has violated a rule or regulation of
the County 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 District either orally or in writing.
9: (NEW.3) Employe Response: The employee upon whom a Notice of
Proposed Action has been served shall have seven (7) calendar days to
respond. Upon request of the employee and f r good cause. the Fir hi f
or designee, 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.
G (NEWA) Leave Pending Emp-loyee Response: Pending response to a
Notice of Proposed Action within the first seven (7) days or extension
thereof, the District for cause specified in writing may placethe employee
on temporary leave of absence with pay.
0-: N Notige of Suspension Without-Payto-Bending
Qbarges: Before suspending an employee due to pending criminal
charges, the District shall cause to be served either personally or by
certified mail on the employee, a Notice of Suspension Due to Pending
Criminal Charges, which shall contain the following:
A. A statement that the employee is suspended while criminal charges
are pending or until the charges are dismissed.
B. A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the District
service or conflict with continued employment.
C. A statement that the employee may respond to the District either
orally or in writing within seven (7) calendar days.
D. A statement that disciplinary action may be taken after disposition of
the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed Action' (Skelly Notice) under Section
(NEW.2).
43
_. ......... ......... ._....._.
........ ........... ............ .......... ......._. ......... ......... ......._.
_.. _.._. . ... .._.. ......... ......... ........_...
........... .....-_._....._.......
C.52
8-11-98
F. The District, upon giving notice as provided in this Section 3, may
immediately suspend without pay an employee against whom there
is pending a criminal charge which adversely affects the District
service or conflicts with continued employment. Pending criminal
charges exist when an employee has been arrested or has been
named a defendant in a criminal complaint or indictment filed in any
court.
G. The A&si&tai# Fire Chief, or his designee, may order lost pay
restored for good cause, and subject to the employee's duty to
mitigate damages, but not if the employee 1 ) is given a Notice of
Proposed Action (Skelly Notice) and 2) is dismissed or otherwise
disciplined for cause directly related to the charges within fourteen
(14) calendar days after the District has knowledge of final
disposition of the charges.
N Procedure on Dismissal, Sus sia Discipfinaty
Demotion.
A. In any disciplinary action to dismiss, suspend or demote an
employee in a position +n wM the District, after having complied with
the Skelly requirements where applicable, the Districtshall make an
order in writing stating specifically the causes for the action.
B. Service of Carder. Said order of dismissal, suspension, or demotion
shell be filed with the AssistaRt Ghief Director of Human Meso srr-,e,
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 Carder; The employee may appeal an order of
dismissal, suspension or demotion to the Fire Chief or through the
procedures in Section Grievance
Procedure of these-peliei s this M- U provided that such appeal is filed
in writing with the Assistant Chief within ten (10) calendar days after
service of said order. An employee may not both appeal to the Fire
Chief and file a grievance.
44
C.52
8-1198
TENTATIVE AGR E NIFNT
DATED:-8 ) 98/
FOR THE COUNTY* FOR LOCAL 1230 :
cI,
45
_........ ......... _........
................._...__. ......... ......... ......... .......... ......... .._._.... ......... ......... ......... ..........
C.52
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIAB'LO
AUGUST 3, 1998
Delete Administrative Bulletin #330 and add new section in MOU
SECTION (NEW).- RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written or
ver--tel oral resignations shall be forwarded to the sem Administrative
Assistan Chief by the employee immediately, and shall indicate the
effective date of termination.
B. Resignation in Good Standing: A resignation giving the district
written notice at least four (4) weeks in advance of the last elate of service
(unless the appointing authority requires a longer period of notice, or
consents to the employee's termination on shorter notice) is resignation in
good standing.
C-. Co.ostructive Resignation: A constructive resignation occurs and is
effective when:
1. An employee has been absent from duty with out leave for ten (10)
consecutive working days,
2. 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.
Effective Resignation: A resignation is effective when delivered or
spoken to the District, operative either on the date or another date
specified.
45
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.. ....... ........ ........_.. _._.._._. ...._......... ...._..... ......... ......... ......... ......... ............_..
..............................
C.52
8-11-98
E. Revocation: A resignation that is effective is revocable only by written
concurrence of the employee and the District.
TENTATIVE R EMENT
DATED: 99
FOR THE COUNTY: FOR LOCAL 1230:
46
c.sz
8-11-98
TENTATIVE AGREEMENT
LOCAL 1230 - EAST DIABLO
AUGUST 3, '1998
Add new Section on Layoff and Seniority to MOU.
(NEW.1) NQ FOR LAYOFF. AnDistrict I i
a permanent i i n may -be laid off when the po-sition is no lQnger
necessary,-or for-reasons of economy, lack of work. lack of funds h
th r reasonLsl as the Bard of &Dervisom deems sufficiont for-abolishing
the position(s).
N W 2 NOTICE. e District will give employeesscheduled for layQff at
least fo rt en (14)--- cafe darti i n hei laat f
em l�ovment.
N .n the tri
based on inverse seniority in the class.
shall displace an-jemployee in the next lQwer classification in the,i-Qb odo
provided the emplme -meetstbe-
classificalion.
LAYOFFLISTS. f
t contain-the r laid off. displaced or
l l lieu-.-of
first list from
other empigyment lists i Ahe Layoff.Ust.for the class-is exhausted Qr the
remaininc ligibles are not interested in I~e a mit ran
N VA T.___An eliable v
-from a Lay-off List t wit n or-kelephone notice.
ne-ferTal wit inlv I it t i Chef vi
f rr t mailing d I declining
f em g m nt in the same from which th
47
C.52
8-11-48
1ployea's aprikgity within cuss for levc�ff
and...displacement purp-Qses shall be determined-by addiou the employ-e!a's
length--of service in tbia particular class in question-W the gmpbyee's length
of servige r classeB
Service r layoff '
last continuous rm i t
- empbyment. In -the event of ties in
'ty eights 't i rties.--ahall Le broken
by leDoth of ,last ontinuous permanent Diatrid employment. A .Lrig
ties shall be bLo-ken W random selection jamong the, pmplQyges i v
For employees hired on A it 1 , 1995. seniorijy f r layoff and
is shown in Alta m nt A. Upon promQtion. demotbn or transfer,
employ
es class seniority date shallbe-the ff tine t the r i n
demotion or transfer.
l ictemplMe
their
cf layoff separation
TENTATIVE AGREEMENT
DATED: Mq-g-
FOR
THE C LINTY: FOR LOCAL 1230:
48
C.52
8-I1-98
Attachment A
Seniority List for Layoff and Displacement Purposes
Class Seniority District Seniority
Employee Class Rank Rank
Currier, Michael Fire Captain 1 2
Spediacci, Cliff Fire Captain 2 3
Foster, John Fire Captain 3 5
Drapery Mark Fire Captain 4 7
Patridge, Wallace Senior Firefighter 1 1
Speciacci, Steve Senior Firefighter 2 4
McKinney, Rod Senior Firefighter 3 6
Baio, Daniel Senior Firefighter 4 8
Burris, Jeff Senior Firefighter 5 9
Gonzalez, Jake Senior firefighter 0 10
Dominguez, Gilbert Senior firefighter 7 11
Greene, Michael Senior Firefighter 8 12
March, Garu Senior Firefighter 9 13
Marshall, Daniel Senior Firefighter 10 15
Crouse, Jeff Firefighter 1 14
49
• ` _ POSITION A03LSTW-NT REQUEST 0, 63 . 97
(East Diablo -Protectionnitrlet) ZiS 0A
Department No. its
=1onb*4e
r'i'� .Fast lO �'1re I7.�.St1`3.Ct 7f33.2A tv 2 F1 refi ter l tions I T`
s veDate:
_FropoClassification Questionnaire attached. Yes a NomKost is within Department's buil t. Noo
Total One-Time Casts (non-salary) associated with requests S � >Z
Estimated total cost adjustment (salary/benefits/one time:
Total annual cast $ 6p.000.00 Net County Cost $` 60,000.g_O
Total this FY $ 20,000.00 N.C.C. this FY $ 2p, ,
SMM OF RWIN( M OFFSET ADJUSTHM. Digrict Pro ert Tars
Department must ro initiate necessary adjustt and submit to CAD. ,r–
Use additional sheet for further explanations or comments.
uwDepara
P"Ii 8YCAti AND RELEASE► TO HUMAN RE—SME5 DEPAR ``*�
HUMAN F43O fR `S DEPARTMENT RE00MM ATION DA August 6, 1998
Add two (2) Firefighter - East Diablo (8EW1) positions at salary level MSO-1226 ($1882 fiat).
f
#MW*000M WV 6d4A SW pas OM mail rOWIMOM aTUOMM a7+ t*tM bWVt=try S&M Ma.
Effective. v Day following Board Action.
(Date)
or r af mmn sources
ACHIRhSIMTOR RECOMM"TION •r DATE:
R,e"mmindation of Director of Human Resourca
Sap QVIR Re lation of Director of Ilan Resourms ,
a Odw:
n%Atrator
SM OF SUP S AG"ON Phil 1'or. Cly of the Board,oil visors
Austro y Ade�inist `
E: . ' BY.
APROAL OF DO ADXS7MT COWMR ISS A PUSMOAMARY PESLM{lN ANWIENT
Pa51`i' ON ADJ[ISi M ACTION Tii BE COWMED BY HUMAN RSOU E"5 DEPA N F li.fMINC BOARD AMON
AdJust classtesUposition(s) as follows:
If Request is to Add Project Posit ons/Classes, please complete other side
yarn�eo.st�trgs