HomeMy WebLinkAboutMINUTES - 09182001 - C.20 4..
:: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 18, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN:
None
Resolution No. 2001/ 452
Subject:
Adopt the Memorandum of Understanding)
with the FACS Site Supervisor Unit of )
CCC Employees' Association, Local One 1
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (MOU) [copy attached and included as part of this
document] between Contra Costa County and the FACS Site Supervisor Unit of CCC
Employees' Association, Local One - jointly signed by Kathy Ito, Labor Relations
Manager, and Sandy Falk, Local One Assistant General Manager - regarding economic
terms and conditions for January 1 , 2001 through September 30, 2002 for those
classifications represented by that employee organization.
Implementation of the terms outlined in Section 14 - State Disability Insurance (SDI), of
this MOU are subject to an election by the employees in this representation unit. Upon
election by a majority of these employees, all employees in the representation unit will
participate in the SDI Program.
In lieu of a retroactive pay requiring special payroll processing back to January 1 , 2001 ,
the County will make a lump sum payment to each eligible employee, without interest,
for the months of January 2001, through August 2001, computed as follows: employee
regular pay, overtime pay, and specific other earnings ordinarily computed as a
percentage of base pay will be added together for each applicable pay period to
determine the appropriate pay base. This base will be multiplied by ten percent (10%).
The payment amount, thus computed, will be added to the employee's October 10, 2001
paycheck where it will be listed separately as a "LUMP SUM PAYMENT" and will be
subject to normal deductions such as tax and retirement.
Any employee believing there is an underpayment resulting from this methodology
exceeding $50.00 may contact the Community Services Department. The Auditor's office
will investigate and issue the additional pay, if owed, as soon as possible.
I hereby certify that this is a true and correct copy
of an action taken and entered on the minutes of
the Board of Supervisors on the date shown:
ATTESTED: (date) 4U/Y'Ali�m 1b-()(
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
By_ �1� Deputy
Contact: Human Resources Department(Kathy Ito @ 5-1785)
cc: Labor Relations Unit
Personnel Services Unit
Auditor—Controller/Payroll
Sandy Falk, CCCEA, Local One
CONTRA COSTA COUNTY EMPLOYEES' ASSOCIATION
LOCAL NO. 1
FACS SITE SUPERVISOR UNIT
TABLE OF CONTENTS
SECTION 1 RECOGNITION ....................................................... 5
SECTION 2 UNION SECURITY
2.1 Dues Deduction ....................................................... 6
2.2 Maintenance of Membership ................................... 6
2.3 Union Dues Form...................................................... 6
2.4 Withdrawal of Membership ...................................... 7
2.5 Communicating with Employees ............................. 8
2.6 Use of County Buildings .......................................... 9
2.7 Advance Notice ..................................................... 10
2.8 Assignment of Classes to Bargaining Units........... 11
2.9 Written Statement for New Employees.................. 12
2.10 Additional Information ............................:............... 12
SECTION 3 NO DISCRIMINATION.......................................... 13
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ......................................... 14
4.2 Union Representative ............................................ 15
4.3 Release Time for Training ..................................... 15
SECTION 5 SALARIES
5.1 General Wage Increases ....................................... 16
5.2 Entrance Salary ..................................................... 16
5.3 Certification Rule ................................................... 17
5.4 Anniversary Dates ................................................. 17
5.5 Increments Within Range ...................................... 19
5.6 Compensation for Portion of Month ..................... 20
5.7 Position Reclassification........................................ 20
5.8 Salary Reallocation & Salary on Reallocation ....... 21
5.9 Salary on Promotion .............................................. 23
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES. UNION, LOCAL ONE.
FACS SITE SUPERVISOR UNIT
January 1, 2001 - September 30, 2002
5.10 Salary on Involuntary Demotion ............................ 23
5.11 Salary on Voluntary Demotion ............................... 24
5.12 Transfer ................................................................. 24
5.13 Pay for Work in Higher Classification .................... 25
5.14 Payment ................................................................ 27
5.15 Pay Warrant Errors ................................................ 28
SECTION 6 DAYS AND HOURS OF WORK........................... 29
SECTION 7 ANNUAL ADMINISTRATIVE LEAVE ................... 29
SECTION 8 SECTION INTENTIONALLY LEFT BLANK.......... 30
SECTION 9 WORKFORCE REDUCTION AND LAYOFF
9.1 Workforce Reduction ............................................ 30
9.2 Separation Through Layoff................................... 32
9.3 Notice ................................................................... 38
9.4 Special Employment Lists .................................... 38
9.5 Reassignment of Laid Off Employees .................. 38
SECTION 10 HOLIDAYS
10.1 Holidays Observed ............................................... 39
10.2 Floating Holidays .................................................. 40
10.3 Application of Holiday Credit ................................ 40
SECTION 11 VACATION LEAVE
11 .1 Vacation Allowance .............................................. 40
11 .2 Vacation Accrual Rates ........................................ 41
11 .3 Accrual During Leave Without Pay....................... 41
11 .4 Vacation Allowance for Separated Employees..... 42
11 .5 Vacation Buy Back ............................................... 42
SECTION 12 SICK LEAVE
12.1 Purpose of Sick Leave.......................................... 43
12.2 Credits to & Charges Against Sick Leave............. 43
12.3 Policies Governing Use of Paid Sick Leave ......... 44
12.4 Administration of Sick Leave ................................ 49
12.5 Disability ............................................................... 52
12.6 Accrual During Leave Without Pa
12.7 Confidentiality of Information/Records
SECTION 13 WORKERS' COMPENSATION & CONTINUING
PAY
13.1 Workers' Compensation ....................................... 58
13.2 Waiting Period ...................................................... 58
13.3 Continuing Pay ..................................................... 59
13.4 Physician Visits...................................................... 60
13.5 Applicable Pay Beyond One Year ......................... 60
13.6 Rehabilitation Integration ...................................... 60
13.7 Health Insurance .................................................. 61
SECTION 14 STATE DISABILITY INSURANCE (SDI)
14.1 General Provisions ............................................... 61
14.2 Procedures ........................................................... 62
14.3 Method of Integration............................................ 63
14.4 Definition............................................................... 64
14.5 Election and Practice............................................ 65
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design ................................................... 65
15.2 Operation ............................................................. 66
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay ............................................... 68
16.2 General Administration Leaves of Absence ....... 69
16.3 Furlough Days Without Pay.................................. 71
16.4 Military Leave ...................................................... 72
16.5 Family Care Leave or Medical Leave ................... 73
16.6 Certification.......................................................... 73
16.7 Intermittent Use of Leave .................................... 74
16.8 Aggregate Use for Spouse .................................. 74
16.9 Definitions............................................................ 74
16.10 Pregnancy Disability Leave
16.11 Group Health Plan Coverage............................... 78
16.12 Leave Without Pay - Use of Accruals .................. 78
16.13 Leave of Absence Replacement and
Reinstatement ...................................................... 80
16.14 Reinstatement From Family Care Medical
Leave.................................................................... 80
16.15 Salary Review While on Leave of Absence.......... 81
16.16 Unauthorized Absence ......................................... 81
SECTION 17 JURY DUTY AND WITNESS DUTY
17.1 Jury Duty .............................................................. 81
17.2 Witness Duty ........................................................ 83
SECTION 18 PROBATIONARY PERIOD.................................. 84
SECTION 19 PROMOTION
19.1 Competitive Exam ................................................ 85
19.2 Promotion Policy................................................... 85
19.3 Open Exams......................................................... 86
SECTION 20 VACANCIES AND REASSIGNMENT
20.1 Reassignment of Work Location........................... 86
20.2 Vacancies .....f......................................................... 87
SECTION 21 RESIGNATIONS
21 .1 Resignation in Good Standing .............................. 87
21 .2 Constructive Resignation...................................... 87
21 .3 Effective Resignation............................................ 88
21 .4 Revocation 88
. ............................................................
21 .5 Coerced Resignations .......................................... 89
SECTION 22 DISMISSAL, SUSPENSION, TEMPORARY
REDUCTION IN PAY AND DEMOTION
22.1 Sufficient Cause for Action ................................... 90
22.2 Notice of Proposed Action .................................... 92
22.3 Employee Response ............................................ 93
22.4 Leave Pending Employee Response ................... 93
22.5 Length of Suspension ........................................... 93
22.6 Procedure on Disciplinary Action.......................... 94
22.7 Employee Representation Rights ......................... 95
SECTION 23 GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps ........................... 95
23.2 Scope of Adjustment Board and Arbitration
Decisions .............................................................. 98
23.3 Time Limits ........................................................... 99
23.4 Union Notification ............ .................................. 100
23.5 Compensation Complaints ................................. 100
23.6 Strike/Work Stoppage......................................... 100
23.7 Filing By Union ................................................... 101
23.8 Disqualification From Taking an Exam................ 101
23.9 Letters of Reprimand .......................................... 101
SECTION 24 SPECIAL PROVISIONS
24.1 Longevity Pay ..... ..
.... .......................................... 102
24.2 Deferred Compensation Incentive....................... 102
24.3 Training............................................................... 103
24.4 Professional Development Reimbursement ....... 103
24.5 Management Life Insurance ............................... 104
SECTION 25 BILINGUAL PAY................................................ 104
SECTION 26 HEALTH, LIFE AND DENTAL CARE
26.1 County Programs................................................ 104
26.2 Rate Information ................................................. 105
26.3 Medicare Rates .................................................. 105
26.4 Partial Month ...................................................... 105
26.5. Coverage During Absences................................ 106
26.6 Retirement Coverage.......................................... 107
26.7 Dual Coverage.................................................... 107
26.8 Health Care Spending Account .......................... 107
26.9 PERS Long Term Care....................................... 108
26.10 Deferred Retirement ........................................... 108
26.11 Confidentiality of Information and Records......... 111
26.12 Child Care........................................................... 111
SECTION 27 MILEAGE ........................................................... 111
SECTION 28 RETIREMENT CONTRIBUTION........................ 111
SECTION 29 PERSONNEL FILES .......................................... 112
SECTION 30 SERVICE AWARDS........................................... 113
SECTION 31 UNFAIR LABOR PRACTICE ............................. 114
SECTION 32 ADOPTION......................................................... 114
SECTION 33 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
33.1 Scope of Agreement........................................... 115
33.2 Separability of Provisions ................................... 115
33.3 Personnel Management Regulations ................. 115
33.4 Duration of Agreement........................................ 116
ATTACHMENT
A. ATTACHMENT TO SECTION 26 HEALTH, LIFE AND
DENTAL CARE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION, LOCAL ONE
FACS SITE SUPERVISOR UNIT
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Division 34 of
the Contra Costa County Board of Supervisors' Resolution
81/1165 and has been jointly prepared by the parties.
The Labor Relations Officer (County Administrator) is the
representative of Contra Costa County in employer-
employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith
regarding wages, hours and other terms and conditions of
employment for the employees in units in which the Union
is the recognized representative, have freely exchanged
information, opinions and proposals and have endeavored
to reach agreement on all matters relating to the
employment conditions and employer-employee relations
covering such employees.
This MOU shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the
County and appropriate fire districts, as the joint
recommendations of the undersigned for salary and
DEFINITIONS
employee benefit adjustments for the period commencing
January 1 , 2001 and ending September 30, 2002.
DEFINITIONS
Appointing Authority: Department Head unless
otherwise provided by statute or ordinance.
CI_: A group of positions sufficiently similar with respect
to the duties and responsibilities that similar selection
procedures and qualifications may apply and that the
same descriptive title may be used to designate each
position allocated to the group. .
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
Count : Contra Costa County.
Demotion: The change of an 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, or in
the Personnel Management Regulations.
Director of Human Resources: The person designated
by the County Administrator to serve as the Assistant
County Administrator-Director of Human Resources.
LOCAL NO. 1, FACS SITE SUPERVISOR -2- 2001-2002 MOU
DEFINITIONS
Eligible; Any person whose name is on an employment or
reemployment or layoff list for a given class.
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 and who have been
involuntarily separated. by layoff or displacement, or
demoted by displacement, or have voluntarily demoted in
lieu of layoff or displacement, or have transferred in lieu of
layoff or displacement.
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.
LOCAL NO. 1, FACS SITE SUPERVISOR -3- 2001-2002 MOU
DEFINITIONS
Proiect Employee: An employee who is engaged in a
time limited program or service by reason of limited or
restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
Project employees are not covered by the Merit System.
Promotion: The change of an 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, or in
the Personnel Management Regulations.
Position: The assigned duties-and responsibilities calling
for the regular full time, part-time or intermittent
employment of a person.
Reallocation: The act of reassigning an individual position
from one class to another class at the same range of the
salary schedule or to a class which is allocated to another
range that is within five percent (5%) of the top step,
except as otherwise provided for in the Personnel
Management Regulations, 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.
LOCAL NO. 1,FACS SITE SUPERVISOR -4- 2001-2002 MOU
DEFINITIONS
Reemployment List: A list of persons, who have
occupied positions allocated to class and; who have
voluntarily separated and are qualified for consideration
for reappointment under the Personnel Management
Regulations governing reemployment.
Resignation: The voluntary termination of 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 to another position
in a class which is allocated to a range on the salary plan
that is within five percent (5%) at top step as the class
previously occupied by the employee.
Union: Public Employees Union, Local One
SECTION 1 - RECOGNITION
The Union is the formally recognized employee
organization for the Family and Children's Services — Site
Supervisor Unit. The Union has been certified as such,
pursuant to Chapter 34-12 of Contra Costa County Board
of Supervisors' Resolution 81/1165. Represented classes
in this unit are:
LOCAL NO. 1, FACS SITE SUPERVISOR -5- 2001-2002 MOU
SECTION 2 - UNION SECURITY
Site Supervisor I (9MH2)
Site Supervisor III (9MF1 )
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of
Board Resolution 81/1165, only a majority representative
may have dues deduction and as such the Union has the
exclusive privilege of dues deduction for all members in its
unit.
2.2 Maintenance of Membership. All employees in
the Family. and Children's Services - Site Supervisor Unit,
represented by the Union, who are currently paying dues
to the Union and all employees in such unit who hereafter
become members of the Union shall as a condition of
continued employment pay dues to the Union for the
duration of this MOU and each year thereafter so long as
the Union continues to represent the class to which the
employee is assigned, unless the employee has exercised
the option to cease paying dues in accordance with
Section 2.4 Withdrawal of Membership.
2.3 Union Dues Form. Employees hired into
classifications represented by the Union shall, as a
condition of employment at the time of employment,
complete a Union Dues Authorization Card provided by
the Union and shall have deducted from their paychecks
the membership dues of the Union. Said employees shall
have thirty (30) days from the date of hire to decide if they
LOCAL NO. 1,FACS SITE SUPERVISOR -6- 2001-2002 MOU
SECTION 2 - UNION SECURITY
do not want to become a member of the Union. Such
decision, not to become a member of the Union, must be
made in writing to the Auditor-Controller with a copy to the
Labor Relations Division within said thirty (30) day period.
If the employee decides not to become a member of the
Union, any Union dues previously deducted from the
employee's paycheck shall be returned to the. employee
and said amount shall be deducted from the next dues
deduction check sent to the Union. If the employee does
not notify the County in writing of the decision not to
become a member within the thirty (30) day period, s/he
shall be deemed to have voluntarily agreed to pay the
dues of the Union.
Each such dues authorization form referenced above shall
include a statement that the Union and the County have
entered into an MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition
of employment and that such authorization may be
revoked within the first thirty (30) days of employment
upon proper written notice by the employee, within said
thirty (30) day period as set forth above. Each such
employee shall, upon completion of the authorization form,
receive a copy of said authorization form which shall be
deemed proper notice of his or her right to revoke said
authorization.
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Office in writing, between August 1 ,
2002 and August 31 , 2002 any employee assigned to a
LOCAL NO. 1, FACS SITE SUPERVISOR -7- 2001-2002 MOU
SECTION 2 - UNION SECURITY
classification -in the FACS Site Supervisor Unit may
withdraw from Union membership and discontinue paying
dues as of the payroll period commencing September 1 ,
2002; discontinuance of dues payments to then be
reflected in the October 10th paycheck. Immediately upon
the close of the above-mentioned thirty (30) day period the
Auditor-Controller shall submit to the Union a list of the
employees who have rescinded their authorization for
dues deduction.
2.5 Communicating With Employees. The Union
shall be allowed to use designated portions of bulletin
boards or display areas in public portions of County
buildings or in public portions of offices in which there are
employees represented by the Union, provided the
communications displayed have to do with matters within
the scope of representation and further provided that the
employee organization appropriately posts and removes
the information. The Department Head reserves the right
to remove objectionable materials after notification and
discussion with the Union.
Representatives of the Union, not on County time, shall be
permitted to place a supply of employee literature at
specific locations in County buildings if arranged through
the Department Head or designated representative; said
representatives may distribute employee organization
literature in work areas (except work areas not open to the
public) if the . nature of the literature and the proposed
method of distribution are compatible with the work
environment and work in progress. Such placement and/or
LOCAL NO. 1,FACS SITE SUPERVISOR -8- 2001-2002 MOU
SECTION 2 - UNION SECURITY
distribution shall not be performed by on duty employees.
The Union shall be allowed access to work locations in
which it represents employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
d.- to represent an employee on a grievance and/or
to contact a Union officer .on a , matter within the
scope of representation.
In the application of this provision,, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area
and the visit will not interfere with County services.
2.6 Use of County Buildings. The Union shall be
allowed the use of areas normally . used for meeting
purposes for meetings of County employees during non-
work hours when:
a. such space is available and its use by the Union
is scheduled twenty-four (24) hours in advance;
LOCAL NO. 1, FACS SITE SUPERVISOR -9- 2001-2002 MOU
SECTION 2 - UNION SECURITY
b. there is no additional cost to the County;
C. it does not interfere with normal County
operations;
d. employees in attendance are not on duty and are
not scheduled for duty;
e. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Union shall maintain proper order at the meeting and see
that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings such as desks,
chairs, and blackboards) is strictly prohibited, even though
it may be present in the meeting area.
2.7 Advance Notice. The Union shall, except in
cases of emergency, have the right to reasonable notice of
any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with
the body considering the matter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (72) hours
LOCAL NO.1, FACS SITE SUPERVISOR -10- 2001-2002 MOU
SECTION 2 - UNION SECURITY
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.
2.8 Assignment of Classes to Bamaininq Units.
The County 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 his or her determination.
B. Final Determination. This 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 Labor
Relations Manager shall meet and confer with
LOCAL NO. 1, FACS SITE SUPERVISOR -11 - 2001-2002 MOU
SECTION 2 - UNION SECURITY
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 Board Resolution 81/1165.
2.9 Written Statement for New Employees. The
County will provide a written statement to each new
employee hired into a classification in the bargaining unit,
noting 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 that has been supplied by the Union and
approved by the County.
2.10 Additional Information. Upon written request
by the Union and no more that two times per year, the
Department shall provide a list of the names and
classifications of employees that are members of this
representation unit.
LOCAL NO. 1, FACS SITE SUPERVISOR -12- 2001-2002 MOU
SECTION 3 - NO DISCRIMINATION AND AMERICANS WITH
DISABILITIES ACT (ADA).
SECTION 3 - NO DISCRIMINATION AND AMERICANS
WITH DISABILITIES ACT
There shall be no discrimination because of sex, race,
creed, color, national origin, sexual orientation or union
activities against any employee or applicant for
employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State
and Federal law there shall be no discrimination because
of age. 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, or from
carrying out the. duties of the position safely.
The County and the Union recognize that the County has
an obligation to reasonably accommodate disabled
employees. If by reason of the aforesaid requirement, the
County contemplates actions to provide reasonable
accommodation to an individual employee in compliance
with the Americans with Disabilities Act (ADA) which are in
conflict with any provision of .this Agreement, the Union will
be advised of such proposed accommodation. Upon
request, the County will meet and confer with the Union on
the impact of such accommodation. If the County and the
Union do not reach agreement, the County may implement
the accommodation if required by law without further
negotiations. Nothing in this MOU shall preclude the
County from taking actions necessary to comply with the
requirements of the ADA.
LOCAL NO. 1, FACS SITE SUPERVISOR -13- 2001-2002 MOU
,SECTION 4 - OFFICIAL REPRESENTATIVES
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated
as official representatives of the Union shall be allowed to
attend meetings held by County agencies during regular
working hours on County time as follows:
a. If their attendance is required by the County at a
specific meeting;
b. if their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. if their attendance is required for meeting(s)
scheduled at reasonable times, agreeable to all
parties, and required to address appeals filed
pursuant to Section 23 — Grievance Procedure of
this MOU;
d. 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 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
LOCAL NO. 1, FACS SITE SUPERVISOR -14- 2001-2002 MOU
SECTION 4 - OFFICIAL REPRESENTATIVES
work station or assignment are made with the
appropriate department head or his designee,
and the County agency calling the meeting is
responsible for determining that the attendance
of the particular employee(s) is required.
f. Union officials shall advise, as far in advance as
possible, their immediate supervisor, or his/her
designee, of their intent to engage in union
business. All arrangements for release time shall
include the location, the estimated time needed
and the general nature of the union business
involved (e.g. grievance meeting).
4.2 Union Representatives. Official representatives
of the Union 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
Labor 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 Labor Relations Manager, and that
advance arrangements for the time away from the work
station or assignment are made with the appropriate
department head or designee.
4.3 Release Time for Training. The County shall
provide a maximum of sixteen (16) total hours per year of
release time for official representatives of the Union to
attend Union-sponsored training programs.
LOCAL NO.1, FACS SITE SUPERVISOR -15 - 2001-2002 MOU
SECTION 5 - SALARIES
Requests for release time shall be provided in writing to
the Department and County Human Resources 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 Increase. Because employees in
the Family and Children's Services Site Supervisor Unit
receive external State and federal funding for their
programs, these employees are not eligible for general
cost of living wage adjustments negotiated between Local
One and the County. -
The following wage increases are effective for Family and
Children's Services Site Supervisor Unit employees
represented by Public Employees Union, Local One:
January 1 , 2001 : 10% increase
October 1 , 2001 : 4% increase
The parties agree to a salaries-only re-opener during the
months of May and June 2002, with any potential salary
adjustments and their effective date to be negotiated.
5.2 Entrance Salary. New employees shall generally
be appointed at the minimum step of the salary range
established for the particular class of the position to which
LOCAL NO. 1, FACS SITE SUPERVISOR -16- 2001-2002 MOU
SECTION 5 - SALARIES
the appointment is made. However, the appointing
authority may fill a particular position at a step above the
minimum of the range.
5.3 Certification Rule.
A. Open Employment List. On each request for
personnel from an open employment list, ten (10)
names shall be certified. If more than one (1 )
position is to be filled in any class in a
department at the same time from the same
request for personnel, the number of names to be
certified from an open employment list shall be
equal to the number of positions to be filled plus
nine (9).
B. Promotional Employment List. On each request
for personnel from a promotional employment list,
five (5) names shall be certified. If more than one
(1 ) position is to be filled in any class in a
department at the same time from the same
request for personnel, the number of names to be
certified from a promotional employment list shall
be equal to the number of positions to be filled
plus four (4).
5.4 Anniversary Dates. 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
LOCAL NO.1, FACS SITE SUPERVISOR -17- 2001-2002 MOU
SECTION 5 - SALARIES
after the calendar month when the employee
successfully completes six (6) months service;
provided however, if an employee began work on
the first regularly scheduled workday of the
month, the anniversary date is the first day of the
calendar month when the employee successfully
completes six (6) months service.
B. Promotions. The anniversary date of a promoted
employee is determined as for a new employee
in Subsection 5.4.A above.
C. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion was
effective.
D. Transfer. Reallocation and Reclassification. The
anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to a
class allocated to the same salary range or to a
salary range which is within five percent (5%) of
the top step of the previous classification,
remains unchanged.
E. Reemployments. The anniversary of an
employee appointed from a reemployment list to
the first step of the applicable salary range and
not required to serve a probation period is
determined in the same way as the anniversary
LOCAL NO.1,FACS SITE SUPERVISOR -18- 2001-2002 MOU
SECTION 5 - SALARIES
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.
5.5 Increments Within Range. The performance of
each employee, except employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in
Section 5.4 — Anniversary Dates, 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.
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. 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
salaryreview 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
LOCAL NO. 1, FACS SITE SUPERVISOR -19- 2001-2002 MOU
SECTION 5 - SALARIES
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.
5.6 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. . .
5.7 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
LOCAL NO. 1,FACS SITE SUPERVISOR -20- 2001-2002 MOU
SECTOON 5 - SALARIES
range of the basic salary schedule greater than the range
of the class of the position before it was reclassified shall
be governed by the provisions of Section 5.9 - Salary on
Promotion.
5.8 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 5.8.A above, each
incumbent of a position in the reallocated class
LOCAL NO.1, FACS SITE SUPERVISOR -21 - 2001-2002 MOU
SECTION 5 - SALARIES
shall be placed upon the step of the new range
which equals the rate of pay received before the
reallocation. In the event that the steps in the
new range do not contain the same rates as the
old range, each incumbent shall be placed at the
step of the new range which is next above the
salary rate received in the old range, or if the new
range does not contain a higher step, at the step
which is next lower than the salary received in
the old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated
to a salary range the same as, above, or below
the salary range of the employee's previous .
class, the incumbent shall be placed at the step
in the new class which equals the rate of pay
received before reallocation. In the event that the
steps in the range for the new class do not
contain the same rates as the range for the old
class, the incumbent shall be placed at the step
of the new range which is next above the salary
rate received in the old range; or if the new range
does not contain a higher step, the incumbent
shall be placed at the step which is next lower
than the salary received in the old range.
D. In the event of reallocation to a deep class, the
provisions of the deep class resolution and
incumbent salary allocations, if any, shall
supersede Section 5.9 — Salary on Promotion.
LOCAL NO. 1, FACS SITE SUPERVISOR -22- 2001-2002 MOU
SECTION 5 - SALARIES
5.9 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 5.11 — Salary on Voluntary
Demotion, 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 appointment of a laid
off employee from the layoff list to the class from which the
employee was laid off, the employee shall be appointed at
the step which the employee had formerly attained in the
higher class unless such step results in a decrease in
which case the employee is appointed to the next higher
step. If however, the employee is being appointed into a
class allocated to a higher salary range than the class
from which the employee was laid off, the salary will be
calculated from the highest step the employee achieved
prior to layoff, or from the employee's current step,
whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5.12 -
Transfer, 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
LOCAL NO. 1, FACS SITE SUPERVISOR -23- 2001-2002 MOU
SECTION 5 - SALARIES
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.
5.11 Salary on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class
having a salary schedule lower than that of the class from
which he or she demotes, his or her salary shall remain
the same if the steps in his or her new (demoted) salary
range permit, and if not, new salary shall be set at the step
next below former salary.
5.12 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
LOCAL NO. 1,FACS SITE SUPERVISOR -24- 2001-2002 MOU
SECTION 5 - SALARIES
contain a higher step, the employee shall be placed at the
step which is next lower than the salary received in the old
range.
5.13 Pay for Work in Higher Classification. When
an employee in this representation unit 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 Section 5.9 . - Salary on Promotion,
commencing on the 41St consecutive hour in the
assignment, under the following conditions:
a. The employee is assigned to a program service,
or activity established by the Board of
Supervisors which is . reflected in an authorized
position which has been established 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.
LOCAL NO. 1, FACS SITE SUPERVISOR -25- 2001-2002 MOU
SECTION 5 - SALARIES
d. Pay for work in a higher classification shall not be
utilized as a substitute for regular promotional
procedures provided in this Memorandum.
e. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
f. If approval is granted for pay for work in a higher
classification and the assignment is terminated
and later re-approved for the same employee
within thirty (30) days no additional waiting period
will be required.
g. Any incentives (e.g,lthe education incentive) and .
special differentials (e.g., bilingual differential)
accruing to the employee in his/her regular
position shall continue.
h. During the period of work for higher pay in a
higher classification, an employee will retain
his/her regular classification, and anniversary and
salary review dates will be determined by time in
that classification; except that if the period of
work for higher pay in a higher classification
exceeds one (1 ) year continuous employment,
the employee, upon satisfactory performance in
the higher classification, shall be eligible for a
salary review in that class on his/her next
anniversary date. Notwithstanding any other
salary regulations, the salary step placement of
employees appointed to the higher class
LOCAL NO.1,FACS SITE SUPERVISOR -26- 2001-2002 MOU
SECTION 5 - SALARIES
immediately following termination of the
assignment, shall remain unchanged.
5.14 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 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
LOCAL NO. 1, FACS SITE SUPERVISOR -27- 2001-2002 MOU
SECTION 5 - SALARIES
taken from the second installment, which is payable on the
tenth (10th) day of the following month.
5.15 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 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 in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of
either overpayments or underpayments to an employee
shall be made retroactively except for the 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 Human Resources or designee,
or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded
from this section for both parties.
When the County notifies an employee of an overpayment
and proposed repayment schedule and the employee
wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined. If
requested by the employee, a Union representative may
LOCAL NO. 1, FACS SITE SUPERVISOR -28 - 2001-2002 MOU
SECTION 6 - DAYS AND HOURS OF WORK
be present at a meeting with management to discuss a
repayment schedule in the case of overpayments to the
employee..
SECTION 6 - DAYS AND HOURS OF WORK
The normal work-week of County employees is forty (40)
hours, usually five (5), eight (8) hour days. However,
where operational requirements of a department require
deviations from the usual pattern of hours and days per
work-week, an employee's work hours may be scheduled
to meet these requirements.
SECTION 7 — ANNUAL ADMINISTRATIVE LEAVE
Site Supervisors shall continue to be credited with sixty
(60) hours of paid administrative leave each January 1 st.
This leave time is non-accruable and all balances will be
zeroed-out effective December 31 , each year. Employees
hired after January 1 shall have such leave prorated
based upon position hours.
This administrative leave is provided in recognition of
those situations when Site Supervisors are expected to
work additional hours without receiving overtime pay, such
as when responding to emergencies, attending various
meetings and administering the program.
LOCAL NO. 1, FACS SITE SUPERVISOR -29- 2001-2002 MOU
SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
SECTION 8 —SECTION INTENTIONALLY LEFT BLANK
SECTION 9 — WORKFORCE REDUCTION AND LAYOFF
9.1 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 classifications) 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
LOCAL NO. 1,FACS SITE SUPERVISOR -30- 2001-2002 MOU
SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
layoffs within the department, as well as to other
departments not experiencing funding reductions
or shortfalls when it is a viable operational
alternative for the department(s).
F. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team program
(TET) to:
1 . Maintain an employee skills inventory bank
to be used as a basis for referrals to other
employment opportunities.
2. Determine if there are other positions to
which employees may be transferred.
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
Labor Relations Officer that the Board of
Supervisors may take action which will result in
the layoff of employees in a representation unit,
the Labor Relations Officer shall notify the Union
LOCAL NO. 1, FACS SFTE SUPERVISOR -31 - 2001-2002 MOU
SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
of the possibility of such layoffs and shall meet
and confer with the Union regarding the
implementation of the action.
9.2 Separation Through Lavoff
A. Grounds for Layoff. Any employee(s) 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, full time
employee may displace an employee in the
department having less seniority in the same
class who occupies a permanent part-time
position, the least senior employee being
displaced first.
2. In the Same Level or Lower Class. A laid off
or displaced employee who had completed
probation in a class at the same or lower
LOCAL NO. 1,FACS SITE SUPERVISOR -32- 2001-2002 MOU
SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
salary level as determined by the salary
schedule in effect at the time of layoff may
displace within the department and in the
class of an employee having less seniority;
the least senior employee being displaced
first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1 . Permanent part-time employees may
displace only employees holding positions of
the same type respectively.
2. A full time employee may displace any 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 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 Human
Resources or designee retain their 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.
LOCAL NO. 1, FACS SITE SUPERVISOR -33- 2001=2002 MOU
SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
4. It is understood that Project employees are
not covered by the Merit System and that
Project employees cannot displace Merit
System employees.
E. Seniority. An employee's seniority within a class
for layoff and displacement purposes shall be
determined by adding the employee's length of
service in the particular class in question to the
employee's length of service in other classes at
the same or higher salary levels as determined
by the salary schedule in effect at the time of
layoff. Employees reallocated or transferred
without examination from one class to another
class having a salary within five (5%) percent of
the former class shall carry the seniority accrued
in the former class into the new class. Service
for layoff and displacement purposes includes
only the employee's last continuous regular
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 position within the period of
layoff eligibility.
Approved leaves of absence as provided for in
this MOU shall not constitute a period of
separation. In the event of ties in seniority rights
in the particular class in question, such ties shall
be broken by length of last continuous regular
LOCAL NO. 1, FACS SITE SUPERVISOR -34- 2001-2002 MOU
SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
County employment. If there remain ties seniority
rights, such ties shall be broken by counting total
time in the department in regular employment.
Any remaining ties shall be broken by random
selection among the employees involved.
F. Eligibility for Layoff List. Whenever any person 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 List. 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
or 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
regular County employment with remaining ties
broken by random selection among the
employees involved.
LOCAL NO. 1, FACS SITE SUPERVISOR -35- 2001-2002 MOU
SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
H. Duration of Lavoff and Reemplovment 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.
!. Appointment 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. Non-
Merit employees will be required to meet all Merit
System requirements when seeking appointment
to a Merit System job.
J. Removal of Names from Reemployment & Layoff
Lists. The Director of Human Resources may
LOCAL NO. 1, FACS SITE SUPERVISOR -36- 2001-2002 MOU
SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
remove the name of any eligible from a
reemployment or layoff list for any reason listed
below:
1 . For any cause stipulated in Section 404.1 of
the Personnel Management Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. On receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or indicates no
further desire for appointment in the class.
4. If three (3) offers of 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 Human Resources or the appointing
authority within ten (10) days to written
notice 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 appointment of a person
on a layoff list is to a lower class which has a
LOCAL NO. 1, FACS SITE SUPERVISOR -37- 2001-2002 MOU
-SECTION 9 -WORKFORCE REDUCTION AND LAYOFF
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
La off List. The Director of Human Resources
may remove the name of any eligible from a
reemployment or layoff list if the eligible fails to
respond within five (5) days to a written notice
mailed to the person's last known address.
9.3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
9.4 Special Employment Lists. The County will
establish a TET Employment Pool which will include the
names of all laid off County employees. Special
employment lists for job classes may be established from
the pool. Persons placed on a special employment list
must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's
status on a layoff list(s).
9.5 Reassignment of Laid Off Employees.
Employees who displaced within the same classification
from full time to part-time status in a layoff, or who
LOCAL NO. 1, FACS SITE SUPERVISOR -38- 2001-2002 MOU
SECTION 10 - HOLIDAYS
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.
SECTION 10 - HOLIDAYS
10.1 Holidays Observed. The County will observe
the following holidays:
January 1 st, known as New Year's Day
Third Monday in January, known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
LOCAL NO.1, FACS SITE SUPERVISOR -39- 2001-2002'MOU
SECTION 11 -VACATION LEAVE
Such other days as the Board of Supervisors may by
resolution designate as holidays.
Any holiday listed above which falls on a Saturday shall be
celebrated on the proceeding Friday and any holiday listed
above which falls on a Sunday shall be celebrated on the
following Monday.
10.2 Floating Holidays. All employees shall accrue
two (2) hours of personal holiday credit per month. Such
personal holiday time may be taken in increments of one-
tenth ('/jo) hour (6 minutes). No employee may accrue
more than forty (40) hours of personal holiday credit. On
separation from County service, the employee shall be
paid for any unused personal holiday credits at the
employee's then current pay rate.
10.3 Application of Holiday Credit. Employees shall
be entitled to a holiday whenever a holiday is observed
pursuant to the schedule cited above.
SECTION 11 - VACATION LEAVE
11 .1 Vacation Allowance. Employees covered by
this agreement 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 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
LOCAL NO. 1, FACS SITE SUPERVISOR -40- 2001-2002 MOU
SECTION 11 -VACATION LEAVE
be in minimum amounts of one (1 ) hour calculated on the
same basis as for partial month compensation pursuant to
Section 5 of this MOU. Vacation credits may be taken in
1/10 hour (6 minute) increments but may not be taken
during the first six (6) months of employment (not
necessarily synonymous with probationary status) except
where sick leave has been exhausted; and none shall be
allowed in excess of actual accrual at the time vacation is
taken.
11 .2 Vacation Accrual Rates. Employees shall
accrue vacation credit as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11 -1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
11 .3 Accrual During Leave Without day. No
employee who has been granted a leave without pay or
unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who
is absent without pay accrue vacation credit during the
LOCAL NO. 1, FACS SITE SUPERVISOR -41 - 2001-2002 MOU
SECTION 11 -VACATION LEAVE
absence.
11 .4 Vacation Allowance for Separated EmWovees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's
then current pay rate.
11 .5 Vacation Buy Back. Employees may elect
payment of up to one-third 03) of their annual vacation
accrual, subject to the following conditions:
(1 ) the choice can be made only once in each calendar
year;
(2) payment shall be based on an hourly rate determined
by dividing the employee's monthly salary by 173.33;
and
(3) the maximum number of hours that may be paid in
any calendar year is one-third (1/3) of the annual
accrual.
In those instances where a lump-sum payment has been
made to employees as a retroactive general salary
adjustment for a portion of the calendar year, which is
subsequent to exercise by an employee of the buy-back
provision herein, that employee's vacation buy-back shall
be adjusted to reflect the percentage difference in base
pay rates upon which the lump-sum payment was
computed — provided that the period covered by the lump-
sum payment was inclusive of the effective date of the
vacation buy-back.
LOCAL NO. 1, FACS SITE SUPERVISOR -42- 2001-2002 MOU
SECTION 12 - SICK LEAVE
SECTION 12 - SICK LEAVE
12.1 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.
12.2 Credits To and Charqes 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 re-
employed in a regular position within the period of layoff
eligibility.
LOCAL NO. 1, FACS SITE SUPERVISOR -43- 2001-2002 MOU
SECTION 12 - SICK LEAVE
As of the date of retirement, an employee's accumulated
sick leave is converted to retirement on the basis of one
(1 ) day of retirement . service credit for each day of
accumulated sick leave credit.
12.3 Policies Governinq 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, stepsister, or
domestic partner 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
LOCAL NO. 1, FACS SITE SUPERVISOR -44- 2001-2002 MOU
SECTION 12 - SICK LEAVE
department and the employee when sick leave is
requested or verified, a brief statement in non-technical
terms from the employee regarding inability to work due to
injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the following instances:
a. Temporary Illness or Injury of an Employee. Paid
sick leave credits may be used when the
employee is off work because -of a temporary
illness or injury.
b. Permanent Disability Sick Leave. - Permanent
disability means the employee suffers from a
disabling physical injury or illness and is thereby
prevented from engaging in any County
occupation for which the employee is qualified by
reason of education, training or experience. Sick
leave may be used by permanently disabled
employees until all accruals of the employee
have been exhausted or until the employee is
retired by the Retirement Board, subject to the
following conditions:
1 . An application for retirement due to disability
has been filed with the (Retirement Board.
2. Satisfactory medical evidence of such
disability is received by the appointing
LOCAL NO.1, FACS SITE SUPERVISOR -45- 2001-2002 MOU
SECTION 12 - SICK LEAVE
authority within thirty (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
LOCAL NO. 1,FACS SITE SUPERVISOR -46- 2001-2002 MOU
SECTION 12 - SICK LEAVE
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.
LOCAL NO. 1, FACS SITE SUPERVISOR -47- 2001-2002 MOU
SECTION 12 - SICK LEAVE
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 or of the employee's domestic partner, but
this shall not exceed three (3) working days, plus
up to two (2) days of work time for necessary
travel. Use of additional accruals including sick
leave when appropriate may be authorized in
conjunction with the bereavement leave at .the
discretion of the appointing authority.
h. Legal Adoption of a Child. Paid sick leave credits
may be used by an employee upon adoption of
the child.
LOCAL NO.1,FACS SITE SUPERVISOR -48 - 2001-2002 MOU
SECTION 12 - SICK LEAVE
i. 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. .
12.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. The following
procedures apply:
a. Employee Responsibilities
1 . Employees are responsible for notifying their
department of an absence prior to the
commencement of their work shift or as soon
thereafter as possible. Notification shall
include the reason and possible duration of
the absence.
2. Employees are responsible for keeping their
department informed on a continuing basis
LOCAL NO. 1, FACS SITE SUPERVISOR -49- 2001-2002 MOU
SECTION 12 - SICK LEAVE
of their condition and probable date of return
to work.
3. Employees are responsible for obtaining
advance approval from their supervisor for
the scheduled time of pre-arranged personal
or family medical and dental appointment.
4. Employees are encouraged to keep the
department advised of (1 ) a current
telephone number to which sick leave
related inquiries may be directed, and (2)
any condition(s) and/or restriction(s) that
may reasonably be . imposed regarding
specific locations and/or persons the
department may contact to verify the
employee's sick leave.
b. Department Responsibilities. The use of sick
leave may properly be denied if these procedures
are not followed. Abuse of sick leave on the part
of the employee is cause for disciplinary action.
Departmental approval of sick leave is a
certification of the legitimacy of the sick leave
claim. The department head or designee may
make reasonable inquiries about employee
absences. The department may require medical
verification for an absence of three (3) or more
working days. The department may also require
medical verification for absences of less than
LOCAL NO. 1, FACS SITE SUPERVISOR -50 - 2001-2002 MOU
'SECTION 12 - SICK LEAVE
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 12.4.a.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another
form established for that purpose, as
employee certification of the legitimacy of the
claim.
3. Obtaining the employee's written statement
of explanation regarding the sick leave claim.
4. Requiring the employee to obtain a
physician's certificate or verification of the
employee's illness, date(s) the employee
was incapacitated, and the employee's ability
to return to work, as specified above.
5. In absences of an extended nature, requiring
the employee to obtain from their physician a
LOCAL NO. 1, FACS SITE SUPERVISOR -51 - 2001-2002 MOU
-SECTION 12 -SICK LEAVE
statement of progress and anticipated date
on which the employee will be able to return
to work, as specified above.
Department heads are responsible for establishing
timekeeping procedures which will insure the submission
of a time card covering each employee absence and for
operating their respective offices in accordance with these
policies and with clarifying regulations issued by the Office
of the County Administrator.
To help assure uniform policy application, the Human
Resources Director or designated management staff of the
County Human . Resources Department should be
contacted with respect to sick leave determinations about
which the department is in doubt.
12.5 Disabili
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 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 physically or mentally
incapacitated for the performance of the
employees duties.
LOCAL NO. 1, FACS SITE SUPERVISOR -52- 2001-2002 MOU
SECTION 12 - SICK LEAVE
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
examination by a licensed physician and/or
psychiatric examination by a licensed physician
or psychologist, and receive a report of the
findings on such examination. If the examining
physician or psychologist 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 Human Resources Director may
order lost pay restored for good cause and
subject to the employee's duty to mitigate
damages.
LOCAL NO.1, FACS SITE SUPERVISOR -53- 2001-2002 MOU
SECTION 12 - SICK LEAVE
D. Before an employee returns . to work from any
absence for illness or injury, other leave of
absence or disability leave, exceeding two weeks
in duration, the appointing authority may order
the employee to undergo at County expense a
physical, medical, and/or psychiatric examination
by a licensed physician, and may consider a
report of the findings on such examination. If the
report shows that such employee is physically or
mentally incapacitated for the performance of
duty, the appointing authority may take such
action as he/she deems necessary in accordance
with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave
of absence or suspended because of physical or
mental incapacity under (A) or (B) above, the
employee shall be given notice of the proposed
leave of absence or suspension by letter or
memorandum, delivered personally or by certified
mail, containing the following:
1 . a statement of the leave of absence or
suspension proposed;
2. the proposed .dates or duration of the leave
or suspension which may be indeterminate
until a certain physical or mental health
condition has been attained by the
employee;
LOCAL NO. 1,FACS SITE SUPERVISOR -54- 2009-2002 MOU
SECTION 12 - SICK LEAVE
3. a statement of the basis upon which the
action is being taken;
4. a statement that the employee may review
the materials upon which the action is taken;
5. a statement that the employee has until a
specified date (not less than seven (7) work
days from personal delivery or mailing of the
notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may place
the employee on a temporary leave of absence,
with pay.
G. The employee to whom the notice has been
delivered or mailed shall have seven (7) work
days to respond to the appointing authority either
orally or in writing before the proposed action
may be taken.
H. After having complied with the notice
requirements above, the appointing authority may
order the leave of absence or suspension in
writing stating specifically the basis upon which
the action is being taken, delivering the order to
the employee either personally or by certified
mail, effective either upon personal delivery or
deposit in the U.S. Postal Service.
LOCAL NO. 1, FACS SITE SUPERVISOR -55- 2001-2002 MOU
SECTION 12 - SICK LEAVE
I. An employee who is placed on leave or
suspended under this section may, within ten
(10) calendar days after personal delivery or
mailing to the employee of the order, appeal the
order in writing through the Director of Human
Resources to a Disability Review Arbitrator.
J. In the event of an appeal to the Disability Review
Arbitrator, the employee has the burden of proof
to show that either:
1 . the physical or mental health condition cited
by the appointing authority does not exist, or
2. the physical or mental health condition does
exist, but it is not sufficient to prevent,
preclude, or impair the employee's
performance of duty, or is not sufficient to
endanger the health or safety of the
employee, other employees, or the public.
K. If the appeal is to a Disability Review Arbitrator,
the employee (and his representative) will meet
with the County's representative to mutually
select the Disability Review Arbitrator, who may
be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized
specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The
decision of the Disability Review Arbitrator shall
be binding on both the County and the employee.
LOCAL NO. 1, FACS SITE SUPERVISOR -56- 2001-2002 MOU
SECTION 12 - SICK LEAVE
Scope of the Arbitrator's Review.
1 . The arbitrator may affirm, modify or revoke
the leave of absence or suspension.
2. The arbitrator may make his decision based
only on evidence submitted by the County
and the employee.
3. The arbitrator may order back pay or "paid
sick leave credits for any period of leave of
absence or suspension if the leave or
suspension is found not to be sustainable,
subject to the employee's duty to mitigate
damages.
4. The arbitrator's fees and expenses shall be
paid one-half by the County and one-half by
the employee or employee's association.
L. It is understood that the benefits specified in
Section 12 — Sick Leave, and Section 13 —
Workers' Compensation and Continuing Pay,
shall be coordinated with the rehabilitation
program as determined by the labor-
management committee.
12.6 Accrual During Leave Without Pay. 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
LOCAL NO.1, FACS SITE SUPERVISOR -57- 2001-2002 MOU
SECTION 13 -WORKERS' COMPENSATION AND CONTINUING PAY
absent without pay accrue sick leave credits during the
absence.
12.7 Confidentialitv of Information/Records. Any
use of employee medical records will be governed by the
Confidentiality of Medical Information Act (Civil Code
Sections 56 to 56.26).
SECTION 13 — WORKERS' COMPENSATION AND
CONTINUING PAY
13.1 Workers' Compensation. For all accepted
workers' compensation claims filed with the County on or
after January 1 , 2000, employees shall receive eighty-six •
percent (86%) of their regular monthly salary during arjy
period of compensable temporary disability not to exceed
one (1 ) year. If workers' compensation benefits become
taxable income, the County will restore the former benefit
level, one hundred percent (100%) of regular monthly
salary and the parties shall meet and confer with respect
to funding the increased cost.
13.2 Waiting Period. There is a three (3) calendar
day waiting period before workers' compensation benefits
commence. If the injured worker loses any time on the
date of injury, that day counts as day one (1 ) of the waiting
period. If the injured worker does not lose time on the
date of the injury, the waiting period will be the first three
(3) calendar days following the date of the injury. The time
the employee is scheduled to work during this waiting
period will be charged to the employee's sick leave and/or
LOCAL NO.1,FACS SITE SUPERVISOR -58 - 2001-2002 MOU
SECTION 13 -WORKERS' COMPENSATION AND CONTINUING PAY
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.
13.3 Continuing Pay. Eligible employees who are
members of this representation unit shall receive eighty-
six percent (86%) of regular monthly salary during any
period of compensable temporary disability not to exceed
one year. "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 medically permanent and stationary,
the salary provided by this Section shall terminate. - 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 continuing
pay is received. Employees shall be entitled to a
maximum of one (1 ) year of continuing pay benefits for
any injury or illness.
Continuing pay begins at the same time that temporary
workers' compensation benefits commence and continues
until either the member is declared medically
permanent/stationary, or until one (1 ) year of continuing
pay, whichever comes first, provided the employee
remains in an active employed status. Continuing pay is
LOCAL NO. 1, FACS SITE SUPERVISOR -59- 2001-2002 MOU
SECTION 13 -WORKERS' COMPENSATION AND CONTINUING PAY
automatically terminated on the date an employee is
separated from County service by resignation, retirement,
layoff, or the employee is no longer employed by the
County. In these instances, employees will be paid
workers' compensation benefits as prescribed by workers'
compensation laws. All continuing pay will be cleared
through the County Administrator's Office, Risk
Management Division.
13.4 Phvsician Visits. 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. Said visits are
to be scheduled contiguous to either the beginning or end
of the scheduled workday whenever possible. This
provision applies only to injuries/illnesses that have been
accepted by the County as work related.
13.5 Applicable Pav Beyond One Year. If an injured
employee remains eligible for temporary disability beyond
one (1 ) year, applicable salary will continue by integrating
sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer
available, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers'
Compensation laws.
13.6 Rehabilitation Integration. An injured
employee 'who is eligible for Workers' Compensation
LOCAL NO. 1,FACS SITE SUPERVISOR -60 - 2001-2002 MOU
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
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.
13.7 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 benefits.
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
14.1 General Provisions. The California SDI program
provides disability benefits beginning on the eighth (8th)
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 (1 ) 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
LOCAL NO. 1, FACS SITE SUPERVISOR -61 - 2001-2002 MOU
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
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.
14.2 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.
LOCAL NO. 1, FACS SITE SUPERVISOR -62- 2001-2002 MOU
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
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 Human Resources
Department, Benefits Division, for assistance in resolving
problems.
14.3 Method of Integration. Until an employee has a
balance of 1 .2 hours of sick leave, the employee's sick
leave accrual charges while receiving SDI benefits shall
be calculated each month.
The amount of sick leave charged each employee will be
calculated in the following manner:
LOCAL NO. 1, FACS SITE SUPERVISOR -63- 2001-2002 MOU
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
The percentage of base monthly salary not covered by the
SDI benefit will be applied to the daily hours in the
employee's schedule and that number of sick leave hours
will be charged against the employee's sick leave
accruals.
For purposes of integration with the SDI program, all full-
time employees' schedules will be converted to 8-hour/5-
day weekly work schedules during the period of
integration. The formula for full-time employees' sick leave
integration charges is shown below:
L = [(S-D) - S] x 8
.S = Employee Base Monthly Salary .
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly
Benefit Table
C = Calendar Days in each Month
D = Est. 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.
14.4 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
LOCAL NO.1, FACS SITE SUPERVISOR -64- 2001-2002 MOU
SECTION 15 - CATASTROPHIC LEAVE BANK
System used by departments for payroll reporting
purposes.
14.5 Election and Practice. Upon election 'by the
membership, all employees in this representation unit shall
participate in the State Disability Insurance Program. The
aforementioned benefits will then be administered in the
same fashion as other Local One units within the County
and pursuant to the practice established by the County..
SECTION 15 — CATASTROPHIC LEAVE BANK
15.1 Program Desiqn. The County Human
Resources Department will operate a Catastrophic Leave
Bank which is designed to assist any County employee
who has exhausted all paid accruals due to a serious or
catastrophic illness, injury, or condition of the employee or
family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes .to
contribute may authorize that a portion of his/her accrued
vacation, compensatory time, holiday compensatory time
or floating holiday be deducted from those account(s) and
credited to the Catastrophic Leave Bank. Employees may
donate hours either to a specific eligible employee or to
the 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,
LOCAL NO. 1, FACS SITE SUPERVISOR -65- 2001-2002 MOU
SECTION 15 - CATASTROPHIC LEAVE BANK
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 Human Resources Director. The
Human Resources 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. The committee shall
determine the amount of accruals to be awarded for
employees whose donations are non-specific.
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 be a
member of this representation unit, must have exhausted
all time off accruals to a level below eight (8) hours total,
LOCAL NO. 1, FACS SITE SUPERVISOR -66- 2001-2002 MOU
SECTION 15 - CATASTROPHIC LEAVE BANK
have . applied for a medical leave of absence and have
medical verification of need.
Donations are irrevocable unless the donation to the
eligible employee is denied. Donations may be made in
hourly blocks with a minimum donation of not less than
four (4) hours per donations from balances in the vacation,
holiday, floating holiday, compensatory time, or. holiday
compensatory time accounts. Employees who elect to
donate to a specific individual shall have seventy-five
percent (75%) of their donation credited to the individual
and twenty-five percent (25%) credited to the Catastrophic
Leave Bank.
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 one hundred seventy
three and thirty three hundredths (173.33) basis, except
that employees on other than a forty (40) hour week will
have hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty
(1040) hours or its equivalent per catastrophic event; each
donor will be limited to one hundred twenty (120) hours
per calendar year.
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 Human Resources.
LOCAL NO. 1, FACS SITE SUPERVISOR -67- 2001-2002.MOU
SECTION 16 - LEAVE OF ABSENCE
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 (6)
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, except for hours donated
to a specific employee. In the event a donation is made to
a specific employee and the committee determines the
employee does not meet the Catastrophic Leave Bank
criteria, the donating employee may authorize the hours to
be donated to the bank or returned to the donor's account. .
The donating employee will have fourteen (14) calendar
days from notification to submit his/her decision regarding
the status of their donation, or the hours will be irrevocably
transferred to the Catastrophic Leave Bank.
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 represented
by this unit 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
LOCAL NO. 1,FACS SITE SUPERVISOR -68 - 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
care shall be granted in accordance with applicable State
and Federal law.
16.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources 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 position;
5. for other reasons or circumstances
acceptable to the appointing authority.
B. An employee must request family care leave at
least thirty (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
LOCAL NO. 1, FACS SITE SUPERVISOR -69- 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
(5) days of learning of the event by which the
need for family care leave arises.
C. A leave without pay may be for a period not to
exceed one (1 ) year, provided the appointing
authority may extend such leave for additional
periods. The procedure in granting extensions
shall be the same as that in granting the original
leave, provided that the request for extension
must be made not later than thirty (30) calendar
days before the expiration of the original leave.
D. Nevertheless, a leave of absence for the
employee's serious health condition or for family
care shall be granted to an employee who so
requests it for up to eighteen (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 pay desires to return before the
expiration of such leave, the employee shall
submit a request to the appointing authority in
writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior
approval by the appointing authority. The Human
Resources Department shall be notified promptly
of such return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
LOCAL NO. 1,FACS SITE SUPERVISOR -70 - 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
illness, disability, or serious health condition, the
decision of the appointing authority on granting or
denying leave or early return from leave shall be
subject to appeal to the Human Resources
Director and not subject to appeal through the
grievance procedure set forth in 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 fifteen (15) calendar days for any one period.
Longer pre-authorized absences without pay are
considered leaves of absence without pay. Employees
who take furlough time shall have their compensation for
the portion of the month worked computed in accord with
Section 5.6 - Compensation for Portion of Month of this
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 Section 11 .3 — Vacation
Accrual During Leave Without Pay, Section 12.2 — Credits
To and Charges Against Sick Leave, Section 12.6 — [Sick
Leave] Accrual During Leave Without Pay, and Section
16.1 — [Leave of Absence] Leave Without Pay of this MOU
regarding the computation of vacation, sick leave, floating
holiday, and other accrual credits as regards furlough time
only. For payroll purposes, furlough time (absence without
LOCAL NO. 1, FACS SITE SUPERVISOR -71 - 2001-2002 MOU
SECTION 16 -LEAVE OF ABSENCE
pay with prior authorization of the appointing authority)
shall be reported separately from other absences without
pay to the Auditor-Controller. The existing Voluntary Time
Off program shall be continued for the life of the contract.
16.4 Military Leave. Any employee who is ordered 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. Additionally,
any employee who volunteers for service during a
mobilization under Executive Order of the President or
Congress of the United States and/or the State Governor
in time of emergency, shall be granted a leave of absence
in accordance with applicable Federal or State laws. Upon
the termination of such service or upon honorable
discharge, the employee shall be entitled to return to
his/her position 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.
LOCAL NO. 1,FACS SITE SUPERVISOR -72 - 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
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 Human Resources 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.
16.6 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.
LOCAL NO. 1, FACS SITE SUPERVISOR -73- 2001-2002 MOU
'SECTION 16 - LEAVE OF ABSENCE
16.7 Intermittent Use of Leave. The eighteen (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
eighteen (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
eighteen (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 eighteen (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 eighteen (18) years of age for whom an
employee stands in loco parentis or for whom the
LOCAL NO. 1, FACS SITE SUPERVISOR -74- 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
employee is the guardian or conservator, or an
adult dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Souse: A partner in marriage as defined in
California Civil Code Section 4100.
D. Domestic Partner: An unmarried person,
eighteen (18) years or older, to whom the
employee is not related and with whom the
employee .resides and shares the common
necessities of life.
E. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or residential health care facility
or continuing treatment or continuing supervision
by a health care provider (e.g. physician or
surgeon) as defined by State and Federal law.
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
LOCAL NO. 1, FACS SITE SUPERVISOR -75- 2001-2002 MOU
` SECTION 16 - LEAVE OF ABSENCE
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;
I 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:
LOCAL NO. 1, FACS SITE SUPERVISOR -76 - 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
1 . the date, if known, on which the serious
health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to
perform the functions of the employee's job,
4. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave schedule
and its expected duration.
H. Comparable Positions: A position with the same
or similar duties and pay which can be performed
at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job
assignment will be the same duties in .the same
program area located in the same city, although
specific clients, caseload, co-workers,
supervisor(s), or other staffing may have
changed during an employee's leave.
16.10 . Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 12.3.D -
Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the eighteen (18) week
family care leave period.
LOCAL NO. 1, FACS SITE SUPERVISOR -77- 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
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 eighteen (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 12.3 - 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 (12)
months, the leave period may not be "broken"
into segments and accruals may not be used,
LOCAL NO. 1.FACS SITE SUPERVISOR -78 - 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
except when required by LTD Benefit
Coordination or State Disability Insurance/Sick
Leave Integration under Section 14 — State
Disability Insurance (SDI) or as provided in the
sections below.
B. Family Care or Medical Leave. During the
eighteen (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 12.3 - Policies
Governing the Use of Paid Sick Leave), vacation
.floating holiday, or other accruals or entitlements
if such are available, although use of additional
accruals is permitted under subsection A. above.
C. Leave of Absence/Long Term Disability (LTD)
Benefit Coordination. An eligible employee who
files an LTD claim and concurrently takes a leave
of absence without pay will be required to use
accruals as provided in Section B herein during
the eighteen (18) week entitlement period of a
medical leave specified above. If an eligible
employee continues beyond the eighteen (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.
LOCAL NO. 1, FACS SITE SUPERVISOR -79- 2001-2002 MOU
SECTION 16 - LEAVE OF ABSENCE
D. Sick leave accruals may not be used. during any
leave of absence, except as allowed under
Section 12.3 - Policies Governing the Use of Paid
Sick Leave.
16.13 Leave of Absence Replacement and
Reinstatement. Any employee that is a member of this
representation unit, 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 an employee, the provisions of
Section 9 - Workforce Reduction and Layoff, shall apply.
16.14 Reinstatement From Family Care Medical
Leave. In the case of a family care or medical leave, an
employee on a 5/40 schedule shall be reinstated to the
same or comparable position if the return to work is after
no more than ninety (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 seven hundred twenty (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
LOCAL NO. 1, FACS SITE SUPERVISOR -80 - 2001-2002 MOU
SECTION 17 -JURY DUTY AND WITNESS DUTY
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.
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.
When called for jury duty, County employees, like other
LOCAL NO. 1, FACS SITE SUPERVISOR -81 - 2001-2002 MOU
SECTION 17 -JURY DUTY AND WITNESS DUTY
citizens, are expected to discharge their jury duty
responsibilities.
Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
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.
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 or Jury Commissioner a certificate
indicating the days attended and noting that fees
other than mileage are waived or surrendered.
The employee shall furnish the certificate to his
department where it will be retained as a
department record. No "Absence/Overtime
Record" is required.
b. An employee who elects to retain all fees must
take leave (vacation, floating holiday, etc.) or
LOCAL NO. 1, FACS SITE SUPERVISOR -82- 2001-2002 MOU
SECTION 17 -JURY DUTY AND WITNESS DUTY"
leave without pay. No court certificate is required
but an "Absence/Overtime Record" must be
submitted to the department payroll clerk.
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.
An employee on short notice standby to report to court,
whose job duties make short notice response impossible
or impractical, shall be given alternate work assignments
for those days to enable them to respond to the court on
short.notice.
17.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the
course of their work or the work of another department
may remain in their regular pay status and turn over to the
County all fees and expenses paid to them, other than
mileage 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 17.1
of this MOU. Employees shall advise their department as
LOCAL NO. 1, FACS SITE SUPERVISOR -83- 2001-2002 MOU
SECTION 18 - PROBATIONARY PERIOD
soon as possible if scheduled to appear for witness duty.
SECTION 18 - PROBATIONARY PERIOD
Appointments of employees within this representation unit,
for original entrance and promotion, shall be subject to a
probationary period commencing on the date of
appointment. For original entrance appointments, the
probationary period shall be nine (9) months in duration.
For promotional appointments, the probationary period
shall be six (6) months.
The probationary period shall not include time served in
temporary or provisional appointments or any period of
continuous leave of absence without pay or period of
work-connected disability exceeding fifteen (15) calendar
days. 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.
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 Human
Resources receives 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 appointment. If a
clerical or administrative error delays a probationary report
LOCAL NO. 1, FACS SITE SUPERVISOR -84- 2001-2002 MOU
SECTION 19 - PROMOTION
and it is determined that it was the intent of the appointing
authority to retain the probationer, the employee affected
will not suffer any loss of pay or benefits.
An employee rejected during the probation period from a
position to which the employee had been promoted or
transferred from an eligible list, shall be restored .to a
position in the department from which the employee was
promoted or transferred.
An employee who is laid off during probation, if
reemployed in the same class by the department, shall be
required to complete only the balance of the required
probation. If reemployed in another classification, . the
employee shall serve a full probationary period. .
During the probationary period, employees are subject to
termination by the appointing authority without cause and
without right of appeal or compliance with Section 22 —
Dismissal, Suspension, Reduction in Pay, and Demotion,
or Section 23 — Grievance Procedure, of this MOU.
SECTION 19 - PROMOTION
19.1 Competitive Examination. Promotion. shall be
by competitive examination unless otherwise provided in
this MOU.
19.2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
LOCAL NO. 1, FACS SITE SUPERVISOR -85- 2001-2002 MOU
SECTION 19 - PROMOTION
determine whether an examination is to be called on a
promotional basis.
19.3 Open Exams. If an examination for one of the
classes represented by the Union is proposed to be
announced on an open only basis, the Director of Human
Resources shall give five (5) days prior notice of such
proposed announcement and shall meet at the request of
the Union to discuss the reasons for such open
announcement.
SECTION 20 — VACANCIES AND REASSIGNMENT
.
20.1 Reassignment of Work Location. Employees
desirous of reassignment to a position in the same
classification at another work location shall submit a
request for reassignment in writing to the Department
Head. When openings occur in various work locations,
requests for reassignment will be reviewed with
consideration given to various factors including but not
limited to distance of employee's residence from desired
work location and relative length of service of the
applicants for a particular location. The Department Head
or designated representative shall make the sole
determination as to assignment of personnel. This
provision applies to intradepartmental reassignments only.
In no event shall reassignments be utilized for disciplinary
purposes.
LOCAL NO. 1, FACS SITE SUPERVISOR -86- 2001-2002 MOU
SECTION 21 - RESIGNATIONS
20.2 Vacancies. The Department agrees to post all
vacancies for at least seven (7) calendar days to provide
employees the opportunity to express interest in, and
apply for, said vacancies. The Department Head or
designated representative shall make the sole
determination as to assignment of personnel.
SECTION 21 — RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Human Resources 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 Human Resources Department and
shall indicate the effective date of termination.
21 .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.
21 .2 Constructive Resignation. A constructive
resignation occurs. and is effective when:
LOCAL NO.1, FACS SME SUPERVISOR -87- 2001-2002 MOU
SECTION 21 - RESIGNATIONS
a. An employee has been absent from duty for five
(5) consecutive working days without leave; and
b. Five (5) more consecutive work days have
elapsed without response by the employee after
the receipt of a registered or certified letter citing
a notice of resignation by the appointing authority
to the employee at the employee's last known
address, but no more than ten (10) working days
from mailing of said notice.
21 .3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative . on that date or another date. specified. An
employee who resigns without advance notice as set forth
in Section 21 .1 , may seek recession of the resignation and
reinstatement by delivering an appeal in writing to the
Human Resources Director not later than close of
business on the third (3rd) calendar day after the
resignation is effective. Within five (5) work days of receipt
of the appeal, the Human Resources Director shall
consider the appeal and render a final and binding
decision including, if applicable, the date of reinstatement.
21 .4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority.
LOCAL NO. 1, FACS SITE SUPERVISOR -88 - 2001-2002 MOU
SECTION 21 - RESIGNATIONS
21 .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 Human
Resources and a copy to 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 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
LOCAL NO. 1, FACS SITE SUPERVISOR -89- 2001-2002 MOU
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
or pay, subject to the employee's duty to mitigate
damages.
SECTION 22 - DISMISSAL, SUSPENSION,
TEMPORARY REDUCTION IN PAY, AND DEMOTION
22.1 Sufficient Cause for Action. The appointing
authority may dismiss, suspend, temporarily reduce the
pay of, or demote any employee for cause. The reduction
in pay may not exceed five percent (5%) for a three (3)
month period. 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 County or
Department into disrepute.
d. Disorderly or immoral conduct.
e. Incompetence or inefficiency.
f. Insubordination.
LOCAL NO. 1, FACS SITE SUPERVISOR -90 - 2001-2002 MOU
SECTION 22 -DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
g. Being at work under the influence of liquor or
drugs, carrying onto the premises liquor or drugs
or consuming or using liquor or drugs during work
hours and/or on County premises.
h. Neglect of duty (i.e. non-performance of assigned
responsibilities).
i. Negligent or willful damage to public property or
waste of public supplies or equipment.
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
County's ordinance or the Personnel
Management Regulations.
1. Material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment.
M. Misappropriation of County funds or property.
n. Unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this MOU.
o. Dishonesty or theft.
LOCAL NO. 1, FACS SITE SUPERVISOR -91 - 2001-2002 MOU
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
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.
22.2 Notice of Proposed Action.. Before taking a
disciplinary action to dismiss, suspend for more than five
(5) work days, temporarily reduce the pay of, or demote an
employee, the appointing authority shall cause to be
served personally or by certified mail, on the employee, a
Notice of Proposed Action, which shall contain the
following:
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.
LOCAL NO. 1, FACS SITE SUPERVISOR -92- 2001-2002 MOU
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
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.
. 22.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served shall
have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed
action may be taken. Upon request of the employee and
for good cause, the appointing authority may. extend in
writing the period to respond. If the employee's response
is not filed within seven (7) days or during an extension,
the right to respond is lost.
22.4 Leave Pendinq Em to ee Response. Pending
response to a Notice of Proposed Action within the first
seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the
employee on temporary leave of absence, with pay.
22.5 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) calendar days unless
ordered by an arbitrator or an adjustment board.
LOCAL NO. 1, FACS SITE SUPERVISOR -93- 2001-2002 MOU
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
22.6 Procedure on Dismissal, Suspension,
Temporary Reduction in Pay, or Demotion.
A. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote an
employee after having complied with the
requirements of Section 22.2 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, temporary reduction in pay, or
demotion shall be filed with the Director . of
Human Resources, showing by whom and the
date a copy was served upon the employee to be
dismissed, suspended, temporarily reduced in
pay, 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,
temporary reduction in pay, or demotion through
the procedures of Section 23 - Grievance
Procedure of this MOU provided that such appeal
is filed in writing with the Director of Human
Resources within ten (10) calendar days after
service of said order.
LOCAL NO. 1, FACS SITE SUPERVISOR -94- 2001-2002 MOU
SECTION 23 - GRIEVANCE PROCEDURE
22.7 Emplovee Representation Rights. The County
recognizes an employee's right to representation during
any disciplinary interview or meeting which may result in
discipline. The County will not interfere with the
representative's right to assist an employee to clarify the
facts during the interview.
SECTION 23 - GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps. A grievance
is any dispute which involves the interpretation. or
application of any provision of this MOU excluding,
however, those provisions of this MOU which specifically
provide that the decision of any County official shall be
final, the interpretation or application of those provisions
not being subject to the grievance procedure. The Union
may represent the grievant at any stage of the process.
Grievances must be filed within thirty (30) days of . the
incident or occurrence about which the grievant claims to
have .a grievance and shall be processed in the following
manner:
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.
LOCAL NO.1, FACS SITE SUPERVISOR -95- 2001-2002 MOU
SECTION 23 - GRIEVANCE PROCEDURE
Step 2 If a grievance is not satisfactorily resolved in Step
1 above, the grievant may submit the grievance in writing
within ten (10) work days to such management official as
the Department Head may designate. This formal written
grievance shall state which provision of the MOU has
been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's
detriment, and the redress the grievant seeks. A copy of
each written communication on a grievance shall be filed
with the Director of Human Resources. The Department
Head or his or her designee shall have ten (10) work days
in which to respond to the grievance in writing. If either
the Union or the Grievant request a meeting with the
Department Head or his/her designee at this step, such a
meeting will be held. .
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 Human Resources Director. The Human
Resources Director or 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.
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 Human
Resources Director or designee. If the parties are unable
to reach a mutually satisfactory accord on any grievance
LOCAL NO. 1, FACS SITE SUPERVISOR -96- 2001-2002 MOU
SECTION 23 - GRIEVANCE PROCEDURE
which arises and is presented during the term of this
MOU, such grievance. shall be submitted in writing to an
Adjustment Board comprised of three (3) Union
representatives, no more than two (2) of whom shall be
either an employee of the County or an elected or
appointed official of the Union presenting this grievance,
and three (3) representatives of the County, no more than
two (2) of whom shall be either an employee of the County
or a member of the staff of an organization employed to
represent the County in the meeting and conferring
process. Where the parties agree, the Adjustment Board .
may be comprised of two (2) Union representatives and
two (2) County representatives. The Adjustment Board
shall meet .within twenty (20) work days of receipt of the
written request and render a decision. If the County fails to
meet the time limits specified in Step 4 and the grievant
demands in writing that an Adjustment Board . be
convened, the County will convene an Adjustment Board
within ten (10) work days or the grievance will move to
arbitration upon demand.
This step of the grievance procedure may be waived by
the written mutual agreement of the parties.
Step 5 If an Adjustment Board is unable to arrive at a
majority decision, either the grievant or the County may
require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual agreement
between the grievant and the Human Resources Director.
Such request shall be submitted within twenty (20) work
days of the rendering of the Adjustment Board decision.
LOCAL NO. 1, FACS SITE SUPERVISOR -97- 2001-2002 MOU
SECTION 23 - GRIEVANCE PROCEDURE
Within twenty (20) work days of the request for arbitration
the parties shall mutually select an arbitrator who shall
render a decision within thirty (30) work days from the date
of final submission of the grievance including receipt of the
court reporter's transcript and post-hearing briefs, 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.
23.2 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 Union which has been certified as the
recognized employee organization for such unit
and unless such dispute falls within the definition
of a grievance as set forth in Subsection. 23.1
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
LOCAL NO. 1, FACS SITE SUPERVISOR -98 - 2001-2002 MOU
SECTION 23 - GRIEVANCE PROCEDURE
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 writ-
ten agreements supplementary hereto or to
establish any new terms or conditions of
employment. .
D. If the Human Resources Director 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
Board or arbitration proceedings hereunder) will
be recognized unless agreed to by the County
and the Union.
23.3 Time Limits. The time limits specified above
may be waived by mutual agreement of the parties to the
grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 5 above,
the grievance will be deemed to have been settled and
LOCAL NO. 1, FACS SITE SUPERVISOR -99- 2001-2002 MOU
' SECTION 23 - GRIEVANCE PROCEDURE
withdrawn.
23.4 Union Notification. An official, with whom a
formal grievance is filed by a grievant who is included in a
unit represented by the Union, but is not represented by
the Union in the grievance, shall give the Union a copy of
the formal presentation.
23.5 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Human Resources
Director. 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.
23.6 Strike/Work Stoppage. During the term of this
MOU, the Union, its members and representatives, agree
that it and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work, sickout,
or 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
LOCAL NO. 1, FACS SITE SUPERVISOR -100 - 2001-2002 MOU
SECTION 23 - GRIEVANCE PROCEDURE
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.
23.7 Filing by Union. The Union may file a grievance
at Step 3 on behalf of affected employees when action by
the County Administrator or , the Board of Supervisors
violates a provision of this MOU.
23.8 Disqualification From Taking an Exam. :If
disqualified from taking an examination, an employee may
utilize the appeal process specified in the Personnel
Management Regulations for employees disqualified from
taking an examination.
23.9 Letters of Reprimand. Letters of reprimand are
subject to the grievance procedure but shall not be
processed past Step 3, unless said letters are used in a
subsequent discharge, suspension or demotion of the
employee.
LOCAL NO. 1, FACS SITE SUPERVISOR -101 - 2001-2002 MOU
SECTION 24 — SPECIAL PROVISIONS
SECTION 24 — SPECIAL PROVISIONS
24.1 Longevity Pay. Employees, who have completed
ten (10) years of appointed service for the County, shall be
eligible to receive a two and one-half percent (2.5%)
longevity differential.
24.2 Deferred Compensation Incentive. The County
shall contribute sixty dollars ($60) per month to employees
who participate in the County's Deferred Compensation
Plan. To be eligible for this incentive, employees must
contribute to the deferred compensation plan as indicated
below.
Monthly Contribution
Employees with Required to Maintain
Current Qualifying Base Incentive Program
Monthly Salary of: Contribution Amount: Eligibility
$2,500 and below $250 $50
2,501 - 3,334 500 50
3,335 - 4,167 750 50
4,168 - 5,000 1,000 50
5,001 - 5,834 1,500 100
5,835 - 6,667 2,000 100
6,668 & above 2,500 100
Employees who discontinue contributions or who
contribute less than the required amount per month for a
period of one (1 ) month or more will no longer be eligible
for the sixty dollar ($60) County supplement. To
reestablish eligibility, employees must again make a Base
Contribution Amount as set forth above based on current
LOCAL NO. 1,FACS SITE SUPERVISOR -102- 2001-2002 MOU
SECTION 24 - SPECIAL PROVISIONS
monthly salary. Employees with a break in deferred
compensation contributions either because of an approved
medical leave or an approved financial hardship
withdrawal shall not be required to reestablish eligibility.
Further, employees who lose eligibility due to
displacement by layoff, but maintain contributions at the
required level and are later employed in an eligible
position, shall not be required to reestablish eligibility.
24.3 Training. Full-time employees shall be eligible
for career development training reimbursement not to
exceed $650 per fiscal year. The reimbursement of
training expenses shall be governed by any Administrative
Bulletins on Travel and/or Training and consistent with
County and Department policies on Travel and/or Training.
24.4 Professional Development Reimbursement.
Employees shall be eligible for reimbursement of up to
$525 for. a two (2) year period beginning January '1 , 2001
for memberships in professional organizations,
subscriptions to professional publications, attendance fees
at . job-related professional development activities and
purchase of computer hardware and software.
Authorization for individual professional development
reimbursement requests shall be made by the Department
Head. Reimbursement will occur through the regular
demand process with demands being accompanied by
proof of payment.
LOCAL NO. 1, FACS SITE SUPERVISOR -103 - 2001-2002 MOU
SECTION 25 - BILINGUAL PAY DIFFERENTIAL
24.5 Management Life Insurance. Employees shall
be covered at County expense by term life insurance in
the amount of forty-seven thousand dollars ($47,000) in
addition to the insurance provided under Section 26 —
Health, Life and Dental Care.
SECTION 25 — BILINGUAL PAY DIFFERENTIAL
A monthly salary differential shall be paid to incumbents of
positions requiring bilingual proficiency as designated by
the Department Head and the Human Resources Director.
The differential shall be prorated for employees working
less than full time and/or on an unpaid leave of absence
during any given month.
The differential shall be seventy-five dollars ($75) per
month. Effective October 1 , 2001 the differential shall be
increased to eighty dollars ($80) per month.
Designation of positions for which bilingual proficiency is
required is the sole prerogative of the County and such
designations may be amended or deleted at any time.
SECTION 26 — HEALTH, LIFE AND DENTAL CARE
26.1 County Programs. The County will offer Group
Benefit Programs for medical, dental and life insurance
LOCAL NO. 1, FACS SITE SUPERVISOR -104- 2001-2002 MOU
SECTION 26 - HEALTH, LIFE AND DENTAL CARE
coverage to all eligible employees who are members of
.this representation unit and regularly scheduled to work
twenty (20) hours or more per week as described in
Attachment A.
26.2 Rate Information. The County Benefits Division
will make health and dental plan rate information available
upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to
employees and departments information about rate
changes as they occur during the year.
26.3 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 (1 ) enrollee; for
Employee and Dependent(s) with one (1 ) 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 (1 ) enrollee; for Employee and
Dependent(s) with two (2) 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
(2) enrollees.
26.4 Partial Month. The County's contribution to the
Health Plan premium is payable for any month in which
LOCAL NO. 1, FACS SITE SUPERVISOR -105- 2001-2002 MOU
SECTION 26 - HEALTH, LIFE AND DENTAL CARE
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.
26.5 Coverage Durinq 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 pair the entire
premium for the Health Plan during said leave.
An employee on leave .in excess of twelve (12) months
may continue health plan coverage by converting to an
individual health plan option (if available) or continuing
group coverage subject to the provisions of the
Consolidated Omnibus Budget Reduction Act (COBRA)
provided the employee pays the entire cost of- coverage,
plus any administrative fees, for the option selected. The
entire cost of coverage shall be paid at a time and place
specified .. by the County. Late payment shall 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 pian coverage to the
LOCAL NO. 1, FACS SITE SUPERVISOR -106- 2001-2002 MOU
SECTION 26 - HEALTH, LIFE AND DENTAL CARE
extent provided under COBRA by making premium
payments to the County at a time and place specified by
the County.
26.6 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 their membership by either continuing to pay their
monthly premium to the County by the deadlines
established by the County or converting to individual
conversion membership from the County plan through the
medical plan carrier,. if available.
26.7 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.
26.8 Health Care Spendinq Account. The County
will offer regular full-time and part-time (20/40 or greater)
County employees the option to participate in a Health
Care Spending Account (HCSA) Program designed to
LOCAL NO.1, FACS SITE SUPERVISOR -107 - 2001-2002 MOU
SECTION 26 - HEALTH, LIFE AND DENTAL CARE
qualify for tax saving under Section 125 of the Internal
Revenue Code, but such savings are not guaranteed. The
HCSA Program allows employees to set aside a pre-
determined amount of money from their paycheck, not to
exceed $3000 per year, for health care expenses not
reimbursed by any other health benefits plan before tax
dollars. HCSA dollars can be expended on any eligible
medical expenses allowed by Internal Revenue Code
Section 125. Any unused balance can not be recovered by
the employee.
26.9 PERS Lonq Term Care. The County will deduct
and remit monthly premium and eligible lists to the PERS
Long Term Care Administrator, at no County .
administrative cost, for County employees who are eligible
and voluntarily elect to purchase long term care through
the PERS Long Term Care Program.
The County further agrees that County employees
interested in purchasing PERS Long Term Care may
participate in meetings scheduled by PERS Long Term
Care on County facilities during non-work hours. (i.e:
coffee breaks, lunch hour).
26.10 Deferred Retirement Employees who resign
and file for a deferred retirement may continue in their
County group health and dental plan; the following
conditions and limitations apply:
a. Life insurance coverage is not included.
LOCAL NO. 1, FACS SITE SUPERVISOR -108- 2001-2002 MOU
SECTION 26 - HEALTH, LIFE AND DENTAL CARE
b. To be eligible to continue health and dental
coverage, the employee must:
1 . be qualified for a deferred retirement under
the 1937 Retirement Act provisions.
2. be an active member of a County group
health and/or dental plan at the time of filing
their deferred retirement application and
elect to continue health benefits.
3. be eligible for a monthly allowance from the
Retirement System and direct receipt of a
monthly allowance within twenty four (24)
months of their application for deferred
retirement.
4. file an election to defer retirement and to
continue health benefits hereunder with the
County Benefits Division within thirty (30)
days before their separation from county
service.
C. Deferred retirees who elect continued health
benefits hereunder may maintain continuous
membership in their County health and/or dental
plan group during the period of deferred
retirement at their full personal expense, by
paying the full premium for their health and dental
coverage on or before the 11 th of each month to
the Auditor-Controller. When they begin to
LOCAL NO. 1, FACS SITE SUPERVISOR -109= 2001-2002 MOU
SECTION 26 - HEALTH, LIFE AND DENTAL CARE
receive retirement benefits, they " will qualify for
the same health and/or dental plan coverage and
county subvention to which retirees who did not
defer retirement are entitled. .
d. Deferred retirees who elect continued health
benefits hereunder may elect not to maintain
participation in their county health and/or dental
plan during their deferred retirement period; and
may instead qualify for the same coverage and
county subvention in any County health and/or
dental plan when they begin to receive retirement
benefits as retirees who did not defer retirement
are entitled; provided reinstatement to a County
group health and/or dental plan with county
subvention occurs no sooner than the first of the
month following a full three (3) calendar month
waiting period after the commencement of their
monthly allowance.
e. Eligibility for County subvention will not exist
hereunder unless and until the member draws a
monthly retirement allowance within not more
than twenty-four (24) months after separation
from County service.
f. Deferred retirees are required to meet the same
eligibility provisions for health/dental plans as
active/retired employees.
LOCAL NO. 1, FACS SITE SUPERVISOR -110- 2001-2002 MOU
SECTION 27 - MILEAGE
26.11 Confidentiality of Information and Records.
Any use of employee medical records will be governed by
the Confidentiality of Medical Information Act (Civil Code
Sections 56 to 56.26).
26.12 Child Care. The County will continue to support
the concept of non-profit child care facilities similar to the
"Kid's at Work" program established in the Public Works
Department.
SECTION 27 - MILEAGE
The mileage allowance for use of personal vehicles on
approved County business shall be paid according to the
rates allowed by the Internal Revenue Service 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 28 — RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581 .1 , the
County will continue to pay fifty (50) percent of the
retirement contributions normally required of employees.
Such payments shall continue for the duration of this
MOU, and shall terminate thereafter. Employees shall be
LOCAL NO. 1, FACS SITE SUPERVISOR -111 - 200172002 MOU
=SECTION 29 - PERSONNEL FILES
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 29 — PERSONNEL FILES
Employees shall have the right to inspect and review any
official record(s) relating,to his or her performance as an,
employee or to a grievance concerning the employee
which is kept or maintained by the County in the
employee's personnel file in the Human Resources
Department. The employee's union representative, with
written authorization by the employee, shall also have the
right to inspect and review any official record(s) described
above. The contents of such records shall be made
available to the employee and/or the employee's union
representative for inspection and review at reasonable
intervals during the regular business hours of the County.
Copies of written reprimands or memoranda pertaining to
an employee's unsatisfactory performance which are to be
placed in the employee's personnel file shall be given to
the employee who shall have the right to respond in
writing to said documents.
LOCAL NO. 1,FACS SITE SUPERVISOR -112 - 2001-2002 MOU
SECTION 30 -.SERVICE AWARDS
The County shall provide an opportunity for the employee
to respond in writing to any information that is in the
employee's personnel file about which he or she
disagrees. Such response shall become a permanent part
of the employee's personnel record. The employee shall
be responsible for providing the written responses to be
included as part of the employee's permanent personnel
record.
This section does not apply to the records of an employee
relating to the investigation of a possible criminal offense,
medical records and information or letters of reference.
Employees have the right to review their official personnel
files that are maintained in the Human Resources
Department or by their department. In a case involving a
grievance or disciplinary action, the employee's
designated representative may also review his/her
personnel file with specific written authorization from the
employee.
SECTION 30 — 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.
LOCAL NO. 1, FACS SITE SUPERVISOR -113 - 2001-2002 MOU
SECTION 31 - UNFAIR LABOR PRACTICE
SECTION 31 - UNFAIR LABOR PRACTICE
Either the Department/County or the Union 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 32 — ADOPTION
The provisions of this Memorandum of Understanding
shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and
Ordinances, where necessary, shall be prepared and
adopted in order to implement these provisions. It is
understood that where it is determined that an Ordinance
is required to implement any of the foregoing provisions,
said provisions shall become effective upon the first day of
the month following thirty (30) days after such Ordinance
is adopted.
LOCAL NO. 1, FACS SITE SUPERVISOR -114- 2001-2002 MOU
SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
SECTION 33 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISIONS
33.1 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.
33.2 Separability of Provisions. Should any section,
clause or provision of this MOU be declared illegal,
unlawful or unenforceable, by final judgment of a. court of
competent jurisdiction, such invalidation of such section,
clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shall remain
in full force and effect for the duration of this MOU.
33.3 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 and those provisions of the Personnel
Management Regulations which are not within the scope
LOCAL NO. 1, FACS SITE SUPERVISOR -115 - 2001-2002 MOU
SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
of representation shall be considered in full force and
effect.
33.4 Duration of Agreement. This Agreement shall
continue in full force and effect from January 1 , 2001 to
and including September 30, 2002. 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.
Execution Date:
CONTRA COSTA LOCAL N0. 1 FACS
COUNTY SITE SUPERVI OR
LOCAL NO. 1,FACS SITE SUPERVISOR -116- 2001-2002 MOU
ATTACHMENT
A. ATTACHMENT TO SECTION 26 - HEALTH, LIFE
AND DENTAL CARE
ATTACHMENT A
ATTACHMENT TO SECTION 26 — HEALTH. LIFE AND DENTAL CARE
COVERAGES OFFERED
The County will offer the following plans:
Contra Costa Health Plans (CCHP) A & B, Kaiser, Health Net HMO, Health Net
PPO, Delta and PMI Delta Care Dental.
HEALTH PLAN SUBVENTION
The county subvention for medical plans will be as follows:
CCHP A 98%
CCHP B 90%
Kaiser 80%
Health Net HMO 80%
Health Net PPO 66.27% - the County and Local One
will equally share (50/50) the amount
of any premium increases
DENTAL PLAN SUBVENTION
The County subvention for Dental plans will be as follows:
Delta Dental/CCHPA/B 98%
PMI Delta Care/CCHP A/B 98%
Delta Dental 78%
PMI Delta Care 78% at 3 year rate guarantee
Dental Only County pays all but .01
MEDICAL PLAN ENHANCEMENTS
The medical.plan has been enhanced as follows:
CCHP A
Acupuncture No co-pay/10 visits per calendar year
Outpatient durable Medical Equipment No co-pay
CCHP B
Acupuncture $5 co-pay/10 visits per calendar year
Chiropractic $5 co-pay/20 visits per calendar year
Outpatient Durable Medical Equipment No co-pay
HEALTH NET HMO
Chiropractic $10 co-pay/20 visits per calendar
year
Outpatient Durable Medical Equipment No co-pay
KAISER
Office, Emergency Room & Rx co-pays Increase co-pay from $3 to $5
Diabetic Testing Supplies No co-pay
Chiropractic $15 co-pay/20 visits per calendar
year
Outpatient Durable Medical Equipment No co-pay
DELTA DENTAL PLAN ENHANCEMENTS
Increase Annual Maximum from $1500 per member to $1600, effective January
1, 2002.
DOMESTIC PARTNER
Domestic Partner and dependents eligible to participate in health/dental
coverage contingent upon meeting eligibility and enrollment requirements.
LIFE INSURANCE
Coverage is $7500 for employees enrolled ,in either a County health and/or
dental plan.
OPEN ENROLLMENT
Open enrollment shall be held September 1 through October 15, 2001 for
coverage effective January 1, 2002. Open enrollment for coverage effective
January 1, 2003 shall be dependent on the outcome of negotiations.
PLAN MODIFICATIONS
It is understood that the County shall not seek to discontinue or modify any
health or dental plan currently provided (unless otherwise noted above).
However, if a provider discontinues or modifies benefits pursuant to the
provider's agreement with the County, the County shall immediately, upon
knowledge of this potential, meet and confer regarding replacement or proposed
modification to the contract with the provider.
SUBJECT INDEX
Adoption ................................................................................................. 114
Anniversary Dates ...................................................... ........................... 17
Annual Administrative Leave ....................................................................29
Application Of Holiday Credits ..................................................................40
Attendance at Meetings ............................................................................ 14
BilingualPay........................................................................................... 104
Catastrophic Leave Bank..........................................................................65
ChildCare............................................................................................... 111
Coerced Resignation ................................................................................89
Communicating With Employees ................................................................8
Compensation Complaints...................................................................... 100
Compensation for Portion of Month ..........................................................20
CompetitiveExam.....................................................................................85
Constructive Resignation..........................................................................87
Continuing Pay — Workers' Compensation ...............................................59
CountyBuildings.........................................................................................9
Credits To and Charges Against Sick Leave ............................................43
Days and Hours of Work...........................................................................29
Deferred Retirement ............................................................................... 108
Demotion ..................................................................................................90
DisciplinaryActions...................................................................................90
Dismissal ..................................................................................................90
DualCoverage........................................................................................ 107
DuesDeduction ..........................................................................................6
Duration of Agreement............................................................................ 116
Employee Representation Rights .............................................................95
EntranceSalary ........................................................................................ 16
Family Care Leave....................................................................................
73
Filing by Union - Grievance..................................................................... 101
FloatingHolidays ......................................................................................40
Furlough Days Without Pay ......................................................................71
General Wage Increases ........:............ .... 16
.................................................
Grievance Procedure................................................................................95
Group Health:Plan Coverage....................................................................78
Health Care Spending Account............................................................... 107
Health, Life & Dental Care ............................................................. ...... 104
i
HolidaysObserved ...................................................................................39
JuryDuty ..................................................................................................81
Layoff........................................................................................................30
Leaveof Absence.....................................................................................68
Leave of Absence Replacement and Reinstatement ................................80
LeaveWithout Pay....................................................................................68
Length of Suspension ...............................................................................93
Letters of Reprimand .............................................................................. 101
LongevityPay ......................................................................................... 102
Maintenance of Membership.......................................................................6
Management Life Insurance ................................................................... 104
MedicalLeave ..........................................................................................73
MedicareRates....................................................................................... 105
Mileage................................................................................................... 111
MilitaryLeave ...........................................................................................72
NoDiscrimination...................................................................................... 13
Notice of Proposed Action ........................................................................92
w
OpenExams.............................................................................................86
Pay for Work in Higher Classification........................................................25
Payment ...................................................................................................27
Pay Warrants Errors .................................................................................28
PERSLong Term Care ........................................................................... 108
PersonnelFiles....................................................................................... 112
Personnel Management Regulations ...................................................... 115
Physicians Visits — Workers' Compensation ....................:........................60
Position Reclassification ...........................................................................20
Pregnancy Disability Leave.......................................................................77
Probationary Period ..................................................................................84
Procedure on Disciplinary Actions. ............................................................94
Professional Development...................................................................... 103
PromotionPolicy.......................................................................................85
Rate Information — Health Plans ......................................: .. 105
....................
Reassignment of Laid Off Employees.......................................................38
Reassignment of Work Location ...............................................................86
Recognition.................................................................................................5
Release Time For Training ....................................................................... 15
Resignations.............................................................................................87
Retirement Contribution.......................................................................... 111
Retirement Coverage........................................................... ............ 107
Salaries..................................................................................................... 16
Salary on Involuntary Demotion................................................................23
Salary on Promotion .................................................................................23
Salary on Voluntary Demotion ..................................................................24
Salary Reallocation/Salary on Reallocation ..............................................21
Salary Review While on Leave of Absence ..............................................81
Scope of Agreement............................................................................... 115
Separation Through Layoff .......................................................................32
ServiceAwards....................................................................................... 113
Sick Leave ................................................................................................
43
Special Provisions .................................................................................. 102
Special Employment Lists.........................................................................38
State Disability Insurance .........................................................................61
Suspension...............................................................................................90
Time Limits — Grievance Procedure..........................................................99
Training................................................................................................... 103
Transfer .............................................................................. .......24
Unfair Labor Practice .............................................................................. 114
UnionDues Form..................................................................................... 6
Union Representatives ............................................................................. 15
UnionSecurity ............................................................................................6
Vacancies.................................................................................................87
Vacation Accrual Rates ............................................................................41
Vacation Allowance for Separated Employees ................... ....42
VacationBuy Back....................................................................................42
Withdrawal of Membership .........................................................................6
WitnessDuty ............................................................................................83
Workers' Compensation............................................................................58
Workforce Reduction ................................................................................30